HomeMy WebLinkAbout022205 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
FEBRUARY 22, 2005 - 7:00 P.M.
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:00 P.M. - Closed Session of the City Council pursuant to Government Code
Sections:
1. Potential Litigation Conference with City Attorney and legal counsel pursuant
to Government Code Section 54956.9(b)(1) with respect to two matters of
potential litigation. With respect to such matter, the City Attorney has
determined that a point has been reached where there is a significant
exposure to litigation involving the City based on existing facts and
circumstances and the City will decide whether to initiate litigation.
2. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54957.6 with respect to labor negotiations. The negotiating
parties are the City of Temecula and California Teamsters Local 911. City
negotiators are Shawn Nelson, Jim O'Grady, and Grant Yates.
3. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(a) with respect to one matter of existing litigation
involving the City. The following cases will be discussed: 1. City of Temecula
v. County of Riverside (RCIP litigation - Riverside County Superior Court
Case No. 402766).
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: No. 2005-04
Resolution: No. 2005-18
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CALL TO ORDER:
Mayor Jeff Comerchero
Prelude Music:
Kenji Oberlander
Invocation:
Pastor Lance Kerwin of Calvary Chapel
Flag Salute:
Councilwoman Edwards
ROLL CALL:
Edwards, Naggar, Roberts, Washington, Comerchero
PRESENT ATIONS/PROCLAMATIONS
Honorinq Senior Public Works Inspector Oldham for his service in Iraq
Honorinq Mr. Dean Jaeschke for his heroic efforts durinq the recent Metrolink accident
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.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
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2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of January 25, 2005;
3 Resolution approvino List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Approval of 2004-05 Mid-Year Budoet Adiustments
RECOMMENDATION
4.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING THE FISCAL YEAR
2004-05 ANNUAL OPERATING BUDGET
4.2 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, REVISING THE SCHEDULE OF
AUTHORIZED POSITIONS
5 Memorandum of Understandina (MOU) for Riverside County Gano Task Force Proaram
RECOMMENDATION:
5.1 Approve the Memorandum of Understanding (MOU) between the City of Temecula
and the County of Riverside in support of a Riverside County Gang Task Force
Program.
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6 Pledoe for Law Enforcement Appreciation Committee (LEAC)
(At the request of Mayor Comerchero)
RECOMMENDATION:
6.1 Authorize $1,000 to the Law Enforcement Appreciation Committee (LEAC) for
recognition of outstanding law enforcement officers in Western Riverside County.
7 Sponsorship for the 2005 Temecula Vallev International Film and Music Festival
RECOMMENDATION:
7.1 Approve the funding request in the amount of $30,000 for the Temecula Valley
International Film and Music Festival;
7.2 Approve the sponsorship agreement for the Temecula Valley International Film and
Music Festival and authorize the Mayor to execute the agreement.
8 Award of Contract to Canon Financial Services, Inc, (CFS) and Temecula Copiers
RECOMMENDATION:
8.1 Award a five-year Master contract to Canon Financial Services, Inc. (CFS) for the
lease of all City copiers and approve the annual expenditure for fiscal year 2005-
2006 of the five-year contract with CFS for an annual amount of $29,798 including
tax;
8.2 Award a five-year Master contract to Temecula Copiers for the maintenance/usage
of all City copiers and approve the annual expenditure for fiscal year 2005-2006 of
the five-year contract with Temecula Copiers in the amount of $80,808 plus a 10%
contingency for a total annual amount of $88,888.
8.3 Confirm the purchase of 12 Canon copiers at a cost of $1.00 each for a total of
$12.00 as per the March 26, 2002, agreement;
8.4 Approve Amendment NO.1 in the amount $22,000 with a 10% contingency for a
total amount of $24,200 to Temecula Copiers for maintenance and usage for the
remaining portion of fiscal year 2004/2005.
9 Approval of First Operatina Aareement for Development Aoreement for Auto Mall
properties providino for the reschedulino of the submission of new Subdivision Bonds and
the release of existino Subdivision Bond
RECOMMENDATION:
9.1 Approve the certain agreement entitled First Operating Memorandum to the
recorded Development Agreement between North Plaza, LLC. and the City of
Temecula and authorize the Mayor to execute the First Operating Memorandum in
substantially the form presented;
9.2 Adopt a resolution entitled:
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RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CONDITIONALLY RELEASING SUBDIVISION
BONDS
10 Harveston Lake and Lake Park Development and Transfer Aareement
RECOMMENDATION:
10.1 Approve the Harveston Lake and Lake Park Development and Transfer Agreement.
11 Aoreement to defer Conditions of Approval for Tract Map No. 29305-F
RECOMMENDATION:
11.1 Approve the Agreement to defer completion of the Conditions of Approval until after
recordation of Final Map for Tract Map No. 29305-F.
12 Propertv Insurance Renewal
RECOMMENDATION:
12.1 Approve the City of Temecula Property Insurance Policy renewal with Chubb
Insurance Company, Landmark American Insurance Company for the period of
February 26, 2005 through February 26, 2006 in the amount of $98,208.
13 Acceptance of a portion of Winchester Road into the City-maintained Street Svstem within
the Harveston CFD Proiect No. 01-02 (Winchester Road Widenino between Jefferson
Avenue and Interstate 15)
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING A PORTION OF WINCHESTER ROAD
INTO THE CITY-MAINTAINED STREET SYSTEM LOCATED
WITHIN THE HARVESTON CFD NO. 01-02 (WINCHESTER
ROAD WIDENING BETWEEN JEFFERSON AVENUE AND
INTERSTATE 15)
14 Acceptance of certain Public Streets into the City-maintained Street Svstem located within
the John Warner Assessment District No. 03-04
RECOMMENDATION:
14.1 Adopt a resolution entitled:
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RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM LOCATED WITHIN
THE JOHN WARNER ASSESSMENT DISTRICT NO. 03-04
15 Bus Bench Uporades - Proiect No. PW02-17 - Approval of the Plans and Specifications
and Solicitation of Construction Bids
RECOMMENDATION:
15.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for Project No. PW02-17 - Bus Bench
Upgrades.
16 Professional Services Aareement - RBF Consultina - Preparation of Proiect Report and
Environmental Document -1-15/State Route 79 South Ultimate Interchanoe - Proiect No.
PW04-08
RECOMMENDATION:
16.1 Approve an agreement with RBF Consulting in an amount not to exceed $325,944
to prepare a Project Report and Environmental Document for the 1-15/State Route
79 South Ultimate Interchange - Project No. PW04-08 - and authorize the Mayor to
execute the agreement:
16.2 Authorize the City Manager to approve amendments to the agreement not to exceed
the contingency amount of $32,594.40 which is equal to 10% of the agreement
amount.
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
***********
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TEMECULA COMMUNITY SERVICES DISTRICT MEETING
*****************************************************************************************************************
Next in Order:
Ordinance: No. CSD 2005-01
Resolution: No. CSD 2005-07
CALL TO ORDER: President Chuck Washington
ROLL CALL:
DIRECTORS:
Edwards, Comerchero, Naggar, Roberts, 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 vour name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1 .1 Approve the minutes of February 8, 2005.
2 Approval of 2004-05 Mid-Year Budoet Adiustments
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT AMENDING
THE FISCAL YEAR 2004-05 ANNUAL OPERATING BUDGETS
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3 Svnthetic Turf for the Sports Complex - Proiect No. PW01-17CSD - Approval of the
Plans and Specifications and authorization to solicit Construction Bids
RECOMMENDATION:
3.1 Approve the Plans and Specifications and authorize the Department of Public
Works to solicit Construction Bids for the Synthetic Turf at the Sports Complex on
Pechanga Parkway and Deer Hollow - Project No. PW01-17CSD.
4 Veterans' Memorial- Proiect No. PW04-10CSD - additional allocation and Notice of
Completion
RECOMMENDATION:
4.1 Approve a transfer in an amount of $55,000.00 from CIP Project "Skate Park
Drainage Improvements," and of $35,000 from CIP Project "Play Structure
Retrofit," for a total of $90,000.00 to the Veteran's Memorial Project, Project No.
PW04-10CSD, to cover final contract and budget costs;
4.2 Increase the City Manager's Change Order approval authorization with SFM
Constructors by $90,000.
4.3 Accept the project, Veteran's Memorial, Project No. PW04-10CSD, as complete;
4.4 File the Notice of completion, release the Performance Bond, and accept a one
year Maintenance Bond;
4.5 Release the Materials and Labor Bond seven (7) months after filing of the Notice
of Completion, if no liens have been filed.
DEPARTMENTAL REPORT
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, March 8, 2005, 7:00 PM, City Council Chambers, 43200 Business
Park Drive, Temecula, California.
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TEMECULA REDEVELOPMENT AGENCY MEETING
*****************************************************************************************************************
Next in Order:
Ordinance: No. RDA 2005-01
Resolution: No. RDA 2005-01
CALL TO ORDER: Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS: Edwards, Comerchero, Naggar, Washington,
Roberts
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 vour name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of February 8, 2005.
2 Approval of the 2004-05 Mid-Year Budoet Adiustments
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 05-_
A RESOLUTION OF THE TEMECULA REDEVELOPMENT
AGENCY AMENDING THE FISCAL YEAR 2004-05 ANNUAL
OPERATING BUDGETS
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3 Status Update on the Temecula Education Center
RECOMMENDATION:
2.1 Receive and file.
DEPARTMENTAL REPORT
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, March 8, 2005, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
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10
RECONVENE TEMECULA CITY COUNCIL
DEPARTMENTAL REPORTS
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, March 8, 2005, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
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11
PROCLAMATIONS
AND
PRESENTATIONS
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ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
JANUARY 25, 2005
The City Council convened in Closed Session at 6:15 P.M., on Tuesday, January 25, 2005, in
the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California. The Open Session convened at 7:01 P.M.
Present:
5
Councilmembers:
Edwards, Naggar, Roberts, Washington, and
Comerchero
Absent:
o
Council members:
None
PRELUDE MUSIC
The prelude music was provided by the Musicians Workshop Advanced Jazz Band Singers.
INVOCATION
The invocation was given by Pastor Struikmans of Rancho Community Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Mayor Pro Tem Roberts.
At this time, City Clerk Jones swore in newly appointed Councilwoman Edwards.
Councilwoman Edwards thanked the City Council for its vote of confidence and thanked
her husband and children for their continued support.
Mayor Comerchero advised that Supervisor Stone and the Temecula Valley Unified School
Board Members were in attendance of the meeting.
At this time, Mayor Comerchero presented the Certificate of Appointment to Councilwoman
Edwards.
As President of the Temecula Community Services District for the second year, Mayor
Comerchero commended Councilman Washington on a job well done and presented to him the
District's 2004 gavel.
Commending former Mayor Naggar on a job well done, Mayor Comerchero presented to him
last year's gavel.
Mr. Comerchero welcomed Councilman McAllister (City of Murrieta) to the City Council meeting.
PRESENT ATIONS/PROCLAMA TIONS
Go Red for Women Dav Proclamation
On behalf of the American Heart Association, Mrs. Pat Comerchero, with appreciation, accepted
the proclamation: encouraged the public to wear red on February 4, 2005, declaring Go Red for
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Women Day; and announced that City Hall will be celebrate Go Red for Women Day on
Thursday, February 3, 2005.
PUBLIC COMMENTS
A. Congratulating newly appointed Councilwoman Edwards, Supervisor Stone explained
the history of the passing of the Don Perrion Champagne bottle; commented on the many
individuals that have received this bottle since 1991; advised that it had been passed to him
upon his election to the Board of Supervisors; and with great pleasure, passed this bottle on to
Councilwoman Edwards and wished her much luck.
B. Councilman McAllister from the City of Murrieta commended the City Council on its
decisiveness and its leadership with regard to the appointment of Ms. Edwards to the City
Council, noting that Ms. Edwards will appropriately represent the City's constituents.
CITY COUNCIL REPORTS
A. Thanking Councilman McAllister for his comments, Councilman Washington as well
commended Mr. McAllister on his leadership skills and wished him luck in the coming months.
Mr. Washington commended Community Services Director Parker and staff on the 30th
park dedication - Harveston Park. Having spoken to over 100 third graders at Paloma
Elementary School, Mr. Washington thanked them for their hospitality.
B. Expressing his delight with having the opportunity to serve the residents of this City,
Councilman Naggar thanked the Council for its recognition for his services as Mayor last year.
C. Having attended the Inauguration of the President, Mayor Comerchero shared and
explained a program with regard to childhood obesity that is currently being run in three cities in
Texas and requested that a similar program be explored and established in this City.
Mr. Comerchero advised that one of his primary goals during his term as Mayor will to
elevate arts and cultural and that needed funds are set aside in the City's budget to accomplish
this goal.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Resolution approvino List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
R:\MinutesI012505
2
RESOLUTION NO. 05- 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
3 Economic Development Event Sponsorship Reouests
RECOMMENDATION:
3.1 Approve the Event Sponsorship Agreement for actual City-support costs in the
amount up to $32,075 for the Temecula Fall Car Show and Old Town Cruise;
3.2 Approve the Event Sponsorship Agreement in the amount of $10,000 cash, City-
support costs in the amount up to $3,000 and no charge for the use of the Temecula
Duck Pond for the Temecula Valley International Jazz Festival;
3.3 Approve the Event Sponsorship Agreement in the amount of $35,000 for the
Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the
City will provide temporary logistical support of traffic control signs and devices to
assist with public safety during the Festival estimated at $1,038.
4 Aqreement for Architectural Consultina Services between the Citv of Temecula and Roqer
Cantrell
RECOMMENDATION:
4.1 Approve a contract with Roger Cantrell for architectural plan review services in the
amount of $50,000;
4.2 Approve a contract contingency of 10% or $5,000;
4.3 Approve an appropriation of $50,000 to the Planning Department from the General
Fund Unreserved Fund Balance.
5 Eden Software Support Aareement
RECOMMENDATION:
5.1 Authorize the purchase of annual Financials and Payroll Software Support from
Eden Systems, Inc. for the total amount of $26,684.97.
6 Contract Amendment for Schirmer Enaineerina
RECOMMENDATION:
6.1 Approve a contract amendment with Schirmer Engineering for an additional amount
of $25,000 which will increase the total contract amount to $50,000.
R:\Minutesl012505
3
7 Amendment No. 3 to the License Aoreement with Safe Alternatives for Evervone
(SAF.E.)
RECOMMENDATION:
7.1 Approve Amendment NO.3 to the License Agreement between the City of Temecula
and Safe Alternatives for Everyone (SAF.E.)
8 2005 Workers' Compensation Coveraae Annual Renewal
RECOMMENDATION:
8.1 Select American Home Assurance Company (a member of the American
International Group Companies) as the City's Employee Workers' Compensation
Insurance Carrier for Plan Year 2005 which begins on February 1, 2005, for an
annual premium amount of $567,980.
9 First Amendment to Professional Services Aareement with Haz Mat Trans, Inc. for the
demolition of improvements on Citv-owned property in Old Town
RECOMMENDATION:
9.1 Approve a first amendment to Professional Services Agreement in the amount of
$8,712.00 for the demolition of improvements on City-owned property.
10 Approval of Plans and Specifications for the Temecula Public Librarv - Proiect No. PWOO-
07 and authorization to solicit Construction Bids
RECOMMENDATION:
10.1 Approve the following list of construction firms as prequalified contractors eligible to
submit bids for the Temecula Public Library:
Soltek Pacific
San Diego, CA
Straub Construction, Inc
Bonsall, CA
C.W. Driver, Inc.
Pasadena, CA
Taisei Construction Corp.
Cypress, CA
R.J. Daum
Garden Grove, CA
FTR International, Inc.
Irvine, CA
Howard S. Wright Construction Co.
Irvine, CA
Mallcraft, Inc.
Altadena, CA
The O.K. Earl Corporation
Pasadena, CA
C.E. Wylie Construction, Inc.
San Diego, CA
R:\Minutesl012505
4
Bernards Bros, Inc.
San Fernando, CA
Erickson-Hall Construction Co.
Escondido, CA
Perera Construction and Design, Inc.
Ontario, CA
Douglas E. Barnhart, Inc.
San Diego, CA
EDGE Development, Inc.
Temecula, CA
Woodcliff Corporation
Los Angeles, CA
Tovey/Shultz Construction, Inc.
Lake Elsinore, CA
W.D. Gott Construction Co.
Upland, CA
Mayor Pro Tem Roberts expressed his delight with this project coming to fruition, advising that
the groundbreaking will be on March 31, 2005, at 3:00 P.M.
11 Summarv Vacation of an existino 40' access openinq frontina on Ynez Road between
North Plaza Drive and Park Plaza Lane at the common Dropertv line of Parcel Nos. 5 and
6 of Parcel Map No. 23496 and Acceptance of two new access openinas
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 05-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUMMARILY VACATING AN EXISTING 40'
ACCESS OPENING EXCEPTION TO RESTRICTED ABUTTERS
RIGHTS FOR PARCEL NOS. 5 AND 6 OF PARCEL MAP NO.
23496 LOCATED ON YNEZ ROAD BETWEEN NORTH PLAZA
DRIVE AND PARK PLAZA LANE
11.2 Approve the new locations of two 40' access openings in substantially the location
shown on the attachment to this staff report and authorize the City Engineer to
approve the specific locations which will create the new access openings. The
owner shall prepare an agreement which will quitclaim their existing access rights.
The document is subject to the approval of the City Engineer and City Attorney prior
to the recordation of the document.
12 Tract Map No. 31276 (located within the Harveston Specific Plan)
RECOMMENDATION:
12.1 Approve Tract Map No. 31276 in conformance with the conditions of approval;
12.2 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bonds as security for the agreement:
12.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
R:\Minutesl012505
5
13 Substitute Aareements and Bonds for Public Improvements in Tract Map Nos. 31503.
31503-1. 31503-2. and 31503-3 (located within the Harveston Specific Plan)
RECOMMENDATION:
13.1 Accept the Substitute Subdivision Improvement Agreements and Subdivision
Faithful Performance and Labor and Materials Bonds as security for improvements
and labor and materials for Tract Map Nos. 31503, 31503-1, 31503-2, and 31503-3;
13.2 Accept the Substitute Subdivision Monument Agreements and Subdivision
Monument Bonds as security for monumentation for Tract Map Nos. 31503, 31503-
1, 31503-2, and 31503-3;
13.3 Authorize the release of the existing Faithful Performance, Labor and Materials, and
Monumentation Bonds for Tract Map Nos. 31503, 31503-1, and 31503-2, and
31503-3;
13.4 Direct the City Clerk to so advise the developer and surety.
14 First Amendments to Fiscal Year 2004-2005 Annual Citywide Routine Maintenance
Contracts
RECOMMENDATION:
14.1 Approve the First Amendment to the Fiscal Year 2004-2005 Annual Citywide
Routine Maintenance Contract with Walter K. Becker (dba, Becker Engineering) for
an amount of $150,000 and authorize the Mayor to execute the amendment:
14.2 Approve First Amendment to the Fiscal Year 2004-2005 Annual Citywide Routine
Maintenance Contract with Monteleone Contractors, Inc. for an amount of $150,000
and authorize the Mayor to execute the amendment.
15 First Amendment to Professional Landscape Plan Check and Inspection Services
Aareement for Fiscal Year 2004-2005
RECOMMENDATION:
15.1 Approve the First Amendment to the annual professional services agreement for
Fiscal Year 2004-2005 with PELA for landscape plan check and inspection services
in the amount of $25,000 and authorize the Mayor to execute the agreement.
16 National Pollutant Discharae Elimination Svstem (NPDES) Permit -Implementation
AQreement
RECOMMENDATION:
16.1 Approve the Implementation Agreement and authorize the Mayor to execute the
agreement on behalf of the City for an annual amount of $130,173.
R:lMinutesl012505
6
17 Reimbursement Aareement with Rancho California Water District as part of Proiect No.
PWOO-27 - Winchester Road Widenina Proiect
RECOMMENDATION:
17.1 Approve the Reimbursement Agreement between the City of T emecula and Rancho
California Water District for the Winchester Road Widening Project- Project No.
PWOO-27 for the amount of $28,000 and authorize the Mayor to execute the
agreement.
18 Second Readina of Ordinance No. 05-01 (Transportation Uniform Mitiaation Fee)
RECOMMENDATION:
18.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 15.08, SECTION 4(A);
SECTION 6(B), AND SECTION 11 OF THE TEMECULA
MUNICIPAL CODE, AND ALLOWING FOR FUTURE FEE
ADJUSTMENTS TO BE ESTABLISHED BY RESOLUTION
(TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM)
19 Second Readina of Ordinance No. 05-02
RECOMMENDATION:
19.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE TEXT WITHIN THE MARGARITA
VILLAGE SPECIFIC PLAN (SP-3) ZONING ORDINANCE FOR
PLANNING AREA 46 TO ALLOW "NO MINIMUM" BUILDING
SETBACK REQUIREMENT FROM ADJOINING PROPERTY
LINES WITHIN PLANNING AREA 46 AS LONG AS THE
ADJACENT PROPERTY IS USED SOLELY FOR RECREATION,
OPEN SPACE, OR PARKING PURPOSES (PA04-0486)
20 Second Readina of Ordinance No. 05-03
RECOMMENDATION:
20.1 Adopt an ordinance entitled:
R:\Minutes\012505
7
ORDINANCE NO. 05-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA04-
0371 (SPECIFIC PLAN AMENDMENT) TO AMEND THE
RESIDENTIAL DEVELOPMENT STANDARDS OF THE RORIPAUGH
RANCH SPECIFIC PLAN TO INCLUDE A LOW-ESTATE ZONE,
AND ADD DEVELOPMENT STANDARDS FOR ACCESSORY
STRUCTURES, GARAGES, AND ENCROACHMENTS INTO YARD
AREAS (PA04-0371)
MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 20. The
motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous
approval.
At 7:35 P.M., the City Council convened as the Temecula Community Services District, the
Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 7:53 P.M.,
the City Council resumed with regular business.
PUBLIC HEARING
21 Resolution establishina User Fee to offset cost of Architectural Consultina Services
RECOMMENDATION:
21.1 Adopt a resolution entitled:
RESOLUTION NO. 05-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA IMPOSING A PLANNING APPLICATION USER
FEE TO OFFSET THE COST OF ARCHITECTURAL PLAN
REVIEW BY THE CITY'S DESIGNATED ARCHITECTURAL
CONSULTANT IN THE AMOUNT OF $0.05 PER GROSS
SQUARE FOOTAGE OF ALL PROPOSED BUILDINGS
SUBJECT TO THE CITY'S DEVELOPMENT PLAN APPROVAL
PROCESS
Principal Planner Hazen reviewed the staff report (of record).
There being no public input, the public hearing was closed.
MOTION: Councilman Naggar moved to adopt Resolution No. 05-13. The motion was
seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous approval.
R:\Minutes\012505
8
COUNCIL BUSINESS
22 T emecula Vallev Student of the Month Proaram
(At the request of Councilman Washington)
RECOMMENDATION:
22.1 If so desired by the City Council, authorize $2,000 in Community Service Funding
for the Temecula Valley Student of the Month Program.
City Manager Nelson presented the staff report (as per agenda material), reviewing the existing
Student of the Month Program; advising of the associated annual cost of $2,000 to provide a
video taping service; recommending that the $2,000 be allocated to the Temecula Valley Unified
District Foundation; and stating that the proposed funding would meet the City's Community
Services Funding Program guidelines.
Having attended this program on a monthly basis, Councilman Washington commented on the
positive recognition this program provides to the students but noted that the video taping
expense has been subsidized on a personal basis and, therefore, proposed the support of the
$2,000.
Having as well attended the monthly Student of the Month Program, Councilwoman Edwards
commented on the worthiness of this program.
Because the Temecula Valley Unified School District boundaries exceed that of the City's,
Mayor Pro Tem Roberts recommended that the Third District Supervisor get involved with the
program in an effort to make it a joint program.
Although advising that the existing program only rec09nizes high school seniors from high
schools within the City's limit, Councilman Washington echoed Mayor Pro Tem Roberts'
recommendation for a joint City-County effort. Mr. Washington requested that aiding in the
production process of the DVDs be explored; noted that the program is heart warming; and
commented that student recognition is not solely based on academic achievement but also
personal achievement.
Having attended the program himself on quite a few occasions, Mayor Comerchero expressed
his support of the recommendation.
MOTION: Councilman Washington moved to authorize $2,000 in Community Services Funding
to the Temecula Valley Unified School District Foundation for video taping service for the
Student of the Month Program. Mayor Pro Tem Roberts seconded the motion and the
electronic vote reflected unanimous approval.
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
No additional comment.
R:\MinutesI012505
9
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that with regard to Item No. 1 (litigation), the City Council had
unanimously approved the filing of a letter requesting the California Supreme Court to accept
the case based on the City's appeal of the Riverside County permit as well. With regard to
Item NO.2 (potential litigation), Mr. Thorson advised that Council provided direction to staff but
there was no action to report.
ADJOURNMENT
At 8:04 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
February 8, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\MinutesI012505
10
ITEM 3
RESOLUTION NO. 05-_
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 $12,035,947.09.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 22nd day of February, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
RJResos 2005/Resos 05-
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. 05-_ was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 22nd day of February, 2005 by the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos 2005/Resos 05-
2
I
CITY OF TEMECULA
LIST OF DEMANDS
02103/04 TOTAL CHECK RUN: $ 9,176,771.81
02110/04 TOTAL CHECK RUN: 1,899,041.03
02110;04 TOTAL PAYROLL RUN: 360.134.25
TOTAL LIST OF DEMANDS FOR 02/22/05 COUNCil MEETING: $ 12,035,947.09
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 1,442,946.59
165 RDA DEV-lOWIMOD SET ASIDE 21,180.35
190 COMMUNITY SERVICES DISTRICT 209,703.68
192 TCSD SERVICE LEVEL B 3,575.05
193 TCSD SERVICE LEVEL C 55,086.08
194 lese SERVICE LEVEL 0 786.86
210 CAPITAL IMPROVEMENT PROJ. FUND 6,930,313.57
280 REDEVELOPMENT AGENCY-C1P 9,185.88
300 INSURANCE FUND 6,455.43
310 VEHICLES FUND 80,405.38
320 INFORMATION SYSTEMS 61,265.13
330 SUPPORT SERVICES 7,345.66
340 FACILITIES 20,598.35
380 RDA 2002 TASS DEBT SVC 690.452.08
460 CFD 88-12 DEBT SVC FUND 8,970.63
470 CFD 01-2 HARVESTON DEBT SVC FUND 236,185.81
473 CFD 03-1 CROWNE HILL DEBT SVC FUND 395,584.61
474 AD 03-4 JOHN WARNER RD DEBT SVC 56,586.66
I 475 CFD 03.3 WOLF CREEK DEBT SVC FUND 1,439,205.04
$ 11,675,812.84
001 GENERAL FUND $ 250,915.27
165 RDA-LOW/MOD SET ASIDE 5,371.59
190 COMMUNITY SERVICES DISTRICT 62,905.77
192 TCSD SERVICE LEVEL B 114.03
193 TCSD SERVICE LEVEL C 4,810.64
194 TCSD SERVICE LEVEL 0 819.19
280 REDEVELOPMENT AGENCY -CIP 2,728.48
300 INSURANCE FUND 1,127.50
320 INFORMATION SYSTEMS 20,854.87
330 SUPPORT SERVICES 3,490.32
340 FACILITIES 6,996.59 360,134.25
TOTAL BY FUND: $ 12,035,947.09
I ,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
GENt
,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
AWN NELSON, CITY MANAGER
I
apChkLst Final Check List Page: 1
02103/2005 11:24:42AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
446 01/31/2005 005460 U S BANK Var. CFD's Special Tax Payment 2,125,437.12 2.125,437.12
447 01/31/2005 005460 U S BANK RDA 2002 Debt Svc Pmt 690,452.08 690.452.08
448 01/31/2005 007659 FIRST AMERICAN TITLE 1-15/79S Properly acquisition 5.423.408.00 5.423.408.00
97454 01/27/2005 008512 SAN FRANCISCO HOUSING BU hotel depositAPA Conf:3/19-23/05 150.00 150.00
97455 02/03/2005 004064 ADELPHIA Jan-Feb high speed internet SVCS 40.95 40.95
97456 02/03/2005 001916 ALBERT A WEBB ASSOCIATES Crown Hill 2nd Otr Admin Fee 2,125.00
CFD 88-12 2nd Qtr Admin Fee 1,500.00 3,625.00
97457 02/03/2005 008527 ALEXANDER. SCOTT Mid-Mgr guest speaker: 2/3/05 500.00 500.00
97458 02/03/2005 006915 ALLIE'S PARTY EQUIPMENT Equip rental:Old Town Christmas 369.88 369.88
97459 02/03/2005 004240 AMERICAN FORENSIC NURSES Feb DUI Drug & Alcohol Screening 500.00
DUI Drug & Alcohol Screening 310.00
OUI Drug & Alcohol Screening 275.60 1,085.60
97460 02/03/2005 003865 ANDYS GLASS Res Imp prgm: Vivian Gibbs 175.00 175.00
97461 02/03/2005 008521 BORGESON, SHANNON Refund: Preschool Music 75.00 75.00
97462 02/03/2005 006908 C C & COMPANY INC Entertainment: Harveston Prk Openin 300.00
Entertainment: High Hopes Prgm 200.00 500.00
97463 02/03/2005 003138 CAL MAT PW patch truck materials 397.94
PW patch truck materials 145.44
PW patch truck materials 72.55 615.93
97464 02/03/2005 004248 CALIF DEPT OF JUSTICE-ACCT Oct DU I Drug & Alcohol Analysis 3,150.00
Nav DUI Drug & Alcohol Analysis 1,365.00
Nav OUI Drug & Alcohol Screening -280.00
Oct 04 DUI Drug & Alcohol Analysis -1,155.00 3.080.00
97465 02/03/2005 008525 CALIF NARCOTIC / EXPLOSIVE Annl Conf: 1/11-13:Cohen 250.00 250.00
97466 02/03/2005 008523 CAMPBELL. CHARLENE Refund: Practical Yoga- TuefThur 75.25 75.25
Page:1
apChkLst Final Check List Page: 2
02103/2005 11 :24:42AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97467 02103/2005 004837 CHERRY VALLEY FEED & PET Police K-9 food supply 56.56 56.56
97468 02/03/2005 002631 COUNTS UNLIMITED INC Citywide Trffe Count Data Collection 350.00 350.00
97469 02/03/2005 006954 CRAFTSMEN PLUMBING & HVA Install New Water Heater:TCC 1.925.00 1.925.00
97470 02/03/2005 004408 CUB SCOUT PACK FY 04/05 Comm Service Funding 1.500.00 1,500.00
97471 02/03/2005 004123 D L PHARES & ASSOCIATES Feb Police Storefront Lease/CAM 2,134.62 2.134.62
97472 02/03/2005 004294 DIVERSiFIED LANDSCAPE CO. Rei Retention: Pala Habitat Restoratio 2,600.00 2.600.00
97473 02103/2005 008520 DOUBLE AA BUiLDERS OF Refund: Ovrpmt of Permit Fees 7,169.87 7,169.87
97474 02/03/2005 006746 ECO NOMICS. INC Audit for trash collection sIVes 2,000.00 2.000.00
97475 02/03/2005 000517 ENTENMANN ROVIN & COMPA Badge for Mayor Jeff Cornerchero 118.99 118.99
97476 02/03/2005 005251 EQUIPMENT REPAIR SERVICE PW mnte Backhoe repairs 163.81 163.81
97477 02/03/2005 008522 ESPOSITO. KELLI Refund: Basketball Skills 45.00 45.00
97478 02/03/2005 006487 EUROPEAN CAFE & VINEYARD Refreshments: Employee Luncheon 2.213.02 2,213.02
97479 02/03/2005 001056 EXCEL LANDSCAPE Jan Idscp impr: Sports Park 32.219.00
Dee Ldscp Mnte: South Slope 25.731.00
Dee Idscp m nte: North Slopes 22.173.00
Jan Ldscp Impr: Medians 6,924.00
Jan Ldscp Impr: Citywide 6,686.00
Jan Idscp impr: Slope Areas 480.00
Jan Ldscp Impr:Paloma Del So 200.00
Jan ldscp impr: Slope areas 150.00 94,563.00
97480 02/03/2005 000478 FAST SIGNS Holiday Lights winner banners 186.11
Harveston Prk ballfield signs 138.19
T. Museum exhibit supplies 11.12 335.42
97481 02/03/2005 000165 FEDERAL EXPRESS INC Express mail services 169.13 169.13
97482 02/03/2005 003174 FIREHOUSE MAGAZINE 1 yr subscription 5749778-R3 30.00 30.00
Page2
apChkLst Final Check List Page: 3
02103/2005 11 :24:42AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97483 02103/2005 003347 FIRST BANKCARD CENTER
000747 AMERICAN PLANNING ASSOCI DU Annl APA Conf:4/24-28:Ubnoske 698.00
006937 SOUTHWEST AIRLINES DU Air:APA Cf:3/24-28:Gueniero 193.80
001500 SAN DIEGO REGIONAL TRAIN au Customer Svcs Tmg:Knute:1219 135.00
007023 HUNGRY HUNTER DU Refreshments: Planning Comm M 80.93
007599 SOLANO PRESS BOOKS DU Planning Publications 51.58 1.159.31
97484 02/03/2005 004514 GTSICORP Notebook adjustment arm: Fire 221.97 221.97
97485 02/03/2005 007078 GIRL SCOUTS OF SAN Refund: room rental @ eRG 2/05/05 20.00 20.00
97486 02/03/2005 004811 HEWLETT PACKARD 90 W Auto Adapters: Info Sys 301.70 301.70
97487 02/03/2005 002166 INGRAM ELECTRIC Install 2 fla9 pole lights @ City Hall 500.00
Install receptacle @ City Hall 295.00 795.00
97488 02103/2005 005956 INSTITUTE OF Membership: Jerry Gonzalez 329.00 329.00
97489 02/03/2005 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 339.20 339.20
97490 02103/2005 003296 INTL CODE COUNCIL San Diego Chpt Mbshp: Elmo, A. 50.00 50.00
97491 02103/2005 008358 JAGUSCH. M.D., CHRISTIAN R. AED Medical review pgrm 374.00 374.00
97492 02/03/2005 004603 JOHNSON POWER SYSTEMS Repair eRG emerg. Generator 920.00 920.00
97493 02/03/2005 000820 K R W & ASSOCIATES Nov-Jan Eng Plan Check svcs 6.650.00
Credit: hrs correction for Tract 30264 -210.00 6.440.00
97494 02/03/2005 006750 KB HOME COASTAL, INC. Refund:Ovrtime inspections acet 918.00 918.00
97495 02/03/2005 000206 KINKOS INC Stationery paper/mise supplies 15.01 15.01
97496 02/03/2005 008519 KIR TEMECULA. LP Winchester Rd acquisition settlement 13.000.00 13,000.00
97497 02/03/2005 001405 KIWANIS CLUB OF RANCHO- Refund: Security Depst CRC 1/14/05 100.00 100.00
97498 02103/2005 004062 KUSTOM SIGNALS INC Prolaser III Lidar W/Battery & Charger 15,758.40 15,758.40
Page:3
apChkLst Final Check List Page: 4
02103/2005 11:24:42AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97499 02/03/2005 001719 L P A INC Consultant Svcs: Public Library 3.150.00 3.150.00
97500 02/03/2005 005981 LAKE ARROWHEAD RESORT Management Retreat:3/17-18/05 800.00 800.00
97501 02/03/2005 008524 LERMA, BECKY Refund: Practical Yoga - TuefThur 75.25 75.25
97502 02/03/2005 004087 LOWES I NC Outlet cords and supplies:TCSD 507.85
Multi-pUer for TCSD mnte crew 53.79 561.64
97503 02/03/2005 004141 MAINTEX INC custodial supplies for C. Museum 124.83
custodial supplies for C. Museum 110.77 235.60
97504 02/03/2005 007210 MIDORI GAROENS install sod/drains/remove trees:duck 11,780.00 11.780.00
97505 02103/2005 001384 MINUTEMAN PRESS business cards: T. Arbogast 115.55 115.55
97506 02/03/2005 008490 MISSION LINEN SUPPLY Linens: Tem.Citizen Corp. mtg 08/04 '18.72 118.72
97507 02/03/2005 005887 MOFFATT & NICHOL ENGINEER 10/31-11/27/04 Svcs: F. V. Pkwy 51.489.16 51,489.16
97508 02/03/2005 000230 MUNIFINANCIAL Jan-Mar assessment eng svcs 5,204.81 5.204.81
97509 02/03/2005 008329 MURRIETA WEST HVAC Res Imp Pgrm: Ford, Elke 144.00 144.00
97510 02/03/2005 003996 MUSIC HERITAGE, INC. FY 04/05 Comm. Service Funding 2,000.00 2,000.00
97511 02/03/2005 001986 MUZAK -SOUTHERN CALlFORN Feb "On-Hold" Phone Music:City Hall 120.86 120.86
97512 02/03/2005 002925 NAP A AUTO PARTS parts/supplies for Paramedics vehicle 45.66 45.66
97513 02/03/2005 005631 NORTHWEST ENERGY EFFIC Renew Bldg Oper. Cert.: B. Wedekin9 45.00 45.00
97514 02/03/2005 006721 OFFICEMAX - A BOISE Mise office supplies: Finance 81.84
mise office supplies: Code 32.36
Mise office supplies: Finance 4.18 118.38
97515 02/03/2005 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint SVC5 937.51
City Vehicle Repair/Maint SVC5 164.28
City Vehicle Repair/Maint Svcs 31.34
City Vehicle Repair/Maint Svcs 23.50
City Vehicle Repair/Maint Svcs 22.42 1,179.05
Page:4
apChkLst Final Check List Page: 5
0210312005 11 :24:42AM CITY OF TEMECULA
Bank: union UNION BANK OF CAliFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97516 02/03/2005 007735 PATRIOT HEATING & AIR refund: mech permit 52.01 52.01
97517 02/03/2005 008143 PETERS,MATT Reimb:APA Cf hotel:3/19-23 844.00 844.00
97518 02/03/2005 000249 PETTY CASH Petty Cash Reimbursement 375.43
Petty Cash Reimbursement 373.29 748.72
97519 02103/2005 002185 POSTMASTER - TEMECULA Annual Fee for P.O. Box 9033 824.00 824.00
97520 02/03/2005 000254 PRESS ENTERPRISE COM PAN 9/11 Remembrance Ads 580.50 580.50
97521 02/03/2005 003493 PRO-CRAFT OVERHEAD DOOR Res Imp Pgrrn: Bogdanski, Julie 1,015.00
Res Imp Pgrm: Smith, Alison 970.00
Res Imp Pgrm: Chiarelli, Iris 845.00 2.830.00
97522 02/03/2005 004453 R C ENTERPRISES Self inking stamps:Finance 96.98 96.98
97523 02/03/2005 000981 R H F INC Police radar equip. repair & maint 126.35 126.35
97524 02103/2005 002072 RANCHO CALIF WATER DIST Add'l inspection fees:J.Warner Imprv 129.84 129.84
97525 02/03/2005 000262 RANCHO CALIF WATER DIST Various Water Meters 538.33
Jan 01-08-38009-0 Fire Sin 92 51.71 590.04
97526 02/03/2005 002654 RANCHO FORD LINCOLN City vehicle repair/maint svcs 233.04 233.04
97527 02103/2005 000947 RANCHO REPROGRAPHICS Dup Blueprints:V.R.M.S. Bsktball 138.30 138.30
97528 02/03/2005 000526 REGENTS OF UNIVERSITY OF Crashzone-Crimezone:2/10-11 E. Alb 245.00 245.00
97529 02/03/2005 003591 RENES COMMERCIAL MANAGE Citywide emerg debris removal from C 1,475.00 1,475.00
97530 02/03/2005 004498 REPUBLIC ELECTRIC Cityvvide install manual control switche 3,344.88
Dee on-call traffic 59nl maint svcs 2,008.37
add'! wk:northbound left turn lane loop 590.00 5,943.25
97531 02/03/2005 006483 RICHARDS. TYREASHA I. TCSD Instructor Earnings 462.00
TCSD Instructor Earnings 269.50
TCSD Instructor Earnings 49.00 780.50
97532 02/03/2005 000353 RIVERSIDE CO AUDITOR Dec. '04 parking citation assessments 1.464.00 1,464.00
Page:5
apChkLst Final Check List Page: 6
02103/2005 11 :24:42AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97533 02/03/2005 000406 RIVERSIDE CO SHERIFFS DEP 11/11-12/0B/04:lawenforcement 831.647.71 831,647.71
97534 02/03/2005 005406 RIVERSIDE CO TRAIN OFF. CSR Operations: 3/7-10/05 Ty Davis 125.00 125.00
97535 02/03/2005 002181 RIVERSIDE CONSTRUCTION Prgs Pmt #1: Winchester Rd Widening 157,066.74 157,066.74
97536 02/03/2005 003587 RIZZO CONSTRUCTION INC repair window sill drywall @ City Hall 650.00 650.00
97537 02/03/2005 004562 SCHIRMER ENGINEERING COR Dee plan check srvcs:Fire Prevention 1,800.00 1.800.00
97538 02/03/2005 004609 SHREOFORCE INC Jan doc. shredding svcs @ eRG 22.50 22.50
97539 02/03/2005 004814 SIMON WONG ENGINEERING I Dee Dsgn Svcs: Main Street Bridge 3,887.50 3.887.50
97540 02/03/2005 000645 SMART & FINAL INC eRC Teen Program Supplies 92.86
Supplies for Finance meetings 39.63 132.49
97541 02/03/2005 000374 SO CALIF EDISON Mtr install:Pech.Pkwy/Murifeld 1,386.45 1.386.45
97542 02/03/2005 000537 SO CALIF EDISON Jan 2-00-397-5042 City Hall 5.803.47
Jan 2-02-351-4946 MPSC 711.33
Jan 2-18-937-3152 T. Museum 559.47
Jan 2-22-891-0550 various mtrs 325.04
Jan 2-11-007-0455 6th Street 296.62
Jan 2-20-817-9929 P.D. O.T.Stn 235.53
Jan 2-21-911-7892 S.Side Pk Lot 146.97
Jan 2-19-171-8568 Wedding Chpl 92.18
Jan 2-18-528-9980 Santiago Rd 42.90
Jan 2-14-204-1615 Front St Rdio 28.58 8,242.09
97543 02/03/2005 001212 SO CALIF GAS COMPANY Jan City facilities gas meters 5.550.29
Jan 091-085-1632-0 T.E.S. Pool 14.79 5.565.08
97544 02/03/2005 007851 SOUTH COAST HEATING & AIR CRC HVAC Repairs 191.16
City Hall HVAC Repair 140.00 331.16
97545 02/03/2005 004247 STERiCYCLE INC Jan Paramedic mad waste disposal sv 111.14 111.14
97546 02/03/2005 003840 STRONGS PAINTING prep/paint handrail - Main Street Bridg 1,275.00 1.275.00
97547 02/03/2005 004972 TEA M COMMUNITY PANTRY FY 04/05 Comm. Service Funding 2.500.00 2.500.00
Page:6
apChkL.t
02/03/2005
11:24:42AM
Final Check List
CITY OF TEMECULA
Page: 7
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
97548 02/03/2005 003599 T Y LlN INTERNATIONAL
Nav-Dee Bridge Dsgn Review: Ro
3.450.00
3.450.00
97549 02/03/2005 000305 TARGET STORE
T aen Program Supplies
77.16
77.16
97550 02/03/2005 004443 TEMECULA LITTLE LEAGUE
FY 04/05 Comm. Service Funding
2,000.00
2,000.00
97551 02/03/2005 003677 TEMECULA MOTORSPORTS LL Police motorcyde. repair/maint svc.
714.29
714.29
97552 02/03/2005 000307 TEMECULA TROPHY COMPAN Wtr/Spr softball league 2004 awards
Tern. Pride/Safety awards
597.96
30.17
628.13
97553 02103/2005 004132 TRUCK HYORAULlC EQUIPMEN Emerg repairs PW Maint boom truck
285.00
285.00
97554 02103/2005 004261 VERIZON Jan xxx-2016 general usage
Jan xxx-gag? general usage
Jan xxx-3526 Fire Alarm
Jan xxx-2676 general usage
109.16
90.55
85.54
28.51
313.76
97555 02/03/2005 004789 VERIZON ONLINE Jan Intemet .vcs:xx0544
72.35
72.35
97556 02/03/2005 004789 VERIZON ONLINE Jan Internet .vcs:xx7411
72.35
72.35
97557 02/03/2005 007737 VIRTUAL FLOW TECHNOLOGY maint srvcs on Stn 84 water system
184.70
184.70
97558 02103/2005 008445 WALT ALLEN ARCHITECT Police Mall Stn tenant imprv dS9n .vc
3,000.00
3,000.00
97559 02/03/2005 001544 YEAGER SKANSKA INC Prgs Pmt #8:Wolf Valley Creek
250.990.18
250,990.18
Grand total for UNION BANK OF CALIFORNIA:
9.776.771.81
Page:7
apChkLst Final Check List Page: 1
02110/2005 5:27:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
449 02110/2005 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,327.98 2.327.98
- - ---.--. .-..-
450 02110/2005 000246 PERS (EMPLOYEES' PEAS ER Paid Member Contr Payment 92.010.89 92.010.89
451 02110/2005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,078.85 20,078.85
452 02110/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 66,273.23 66,273.23
453 02110/2005 000444 INST AT AX (EDD) State Disability Ins Payment 16,994.91 16,994.91
454 02110/2005 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,723.29 7,723.29
455 02110/2005 000245 PERS - HEALTH INSUR PREMIUM Advance PERS Health Payment 6,303.38
PERS Health Admin Cost Payment 54,063.76 60,367.14
456 02110/2005 000246 PEf1S tEMPLOYEES' PERS Retirement 12.558.90 12,558.90
457 02110/2005 000246 P"f1~ tEM!'L,9YEES' PERS Retirement 12,408.82 12.408.82
97560 02110/2005 003552 AFLAC AFLAC Cancer Payment 1.943.50 1,943.50
97561 02110/2005 008531 AVHQ Audio equip rental:319-13:CPRS Conf 20.00 20.00
97562 02110/2005 005068 ADKISSON. CANDICE Reimb:216 Sr Harbor Excursion 315.00 315.00
97563 02110/2005 008526 ALL STAR PROMOTIONS TrffclSafety Commissioners jackets 274.76 274.76
97564 02110/2005 001375 AMERICAN CONSTRUCTION Regist:Earth-Wrks Sem:2/19:JHlDAlPR 540.00 540.00
97565 02110/2005 007280 AMERICAN MEDICAL RESPONSE- Heartsaver AED & CPR cards 150.00 150.00
97566 02110/2005 001587 AMERICAN PUBLIC WORKS Evolving Wtr Quality Mtg:2124:Hughes 25.00 25.00
97567 02110/2005 008279 AMERICOMP INFOSYSTEMS INC 5 HP AC Adapters & Pwr Cords 344.80
(4) 64MB SDRAM for Info System 237.05 581.85
97568 02110/2005 003865 ANDYS GLASS Res Imp Pgrm: Smith, Alison 118.12 118.12
Page:1
apChkLsI Final Check List Page: 2
0211012005 5:27:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97569 02110/2005 000101 APPLE ONE INC Temp help PPE 1/22 Kasparian 542.70
Temp help PPE 1122 Buchanan 432.00 974.70
97570 02110/2005 008062 ARROW STAFF RESOURCES, INC Temp help PPE 1/9 Grove/Hear 3,239.12
Temp help PPE 1/16 Grove/Hear 2.793.96
Temp help PPE 1/23 Grove/Hear 2,749.45 8,782.53
97571 02110/2005 001323 ARROWHEAD WATER INC Bottled wtr selVs @ City Hall 345.68
Bottled wtr selVs @ Mnte Fae 229.02
Bottled wlr seIVs @ CRC 64.29
Bottled wtr seIVs @ C.Museum 41.04
Bottled wtr selVs @ City Hall 39.86
Bottled wtr servs @ T. Museum 35.44
Bottled wtr selVs @ Skate Park 17.02
Bottled wtr selVs @ TCe 11.80
Bottled wtr seIVs @ lES Pool 9.69 793.84
97572 02110/2005 003203 ARTISTIC EMBROIDERY leBO mnte crew unifonns 264.00 264.00
97073 0211012005 003215 BARCLA YS LAW PUBLISHERS Subscription: T19 Public Safety:Fire 90.00 90.00
97074 02110/2005 002381 BEAUOOIN. LINDA Retirement Medical Payment 598.10 598.10
97575 02110/2005 002541 BECKER CONSTRUCTION SRVS Heavy rains repairs:Rnbw CynlRiverton 5,427.60
Heavy rains repairs: Rnbw Cyn Rd 5,141.60
Heavy rains repairs:Del Rio Rd 2.863.00
Heavy rains repairs: Calle Girasol 2,827.15
Heavy rains repairs: Rnbw Cyn Rd 2,492.90
Heavy rains repairs: Deportola Rd 2,257.00
Heavy rains repairs: Deportola Rd 1,974.35
Heavy rains repairs:Del Rio Rd 1,772.44
Heavy rains repairs:Calle Girasol 1,264.40
Heavy rains repairs:Deportola Rd 1,248.10
Heavy rains repairs:Deportola Rd 721.15
Heavy rains repairs: Del Rio Ad 372.60
Heavy rains repairs:Deportola Rd 2.224.80 30,587.09
97576 02110/2005 008537 BERDAL, JAMES Refund: Security Depst:CRC 150.00 150.00
97fi77 02110/2005 004778 BERRYMAN & HENIGAR INC Jan 05 temp B&S Inspector:Grance 11,400.00 11,400.00
97578 02110/2005 004262 BIO- TOX LABORATORIES Dec/Jan DUI Drug & Alcohol Screening 814.27
Nov DUI Drug & Alcohol Screening 226.33 1,040.60
97579 02110/2005 008286 BRASGA. CAZI Reimb: Emerg System Tmg:l/tO-t4 638.61 638.61
Page:2
apChkLst
0211 0J2005
5:27:32PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Vendor
Description
Amount Paid
Check Total
Check # Date
97580 02110/2005 008452 C P D INDUSTRIES
Camera/Binocular Cases:Police
145.14
145.14
97581 02110/2005 003138 CAl MAT
Hot Mix Asphalt for PW 81. Mnte
Hot Mix Asphalt for PW 81. Mnte
Hot Mix Asphalt for PW 81. Mnte
Hot Mix Asphalt for PW 51. Mnte
Hot Mix Asphalt for PW St. Mnte
Hot Mix Asphalt for PW 51. Mnte
233.98
213.36
178.15
142.60
72.90
72.55
913.54
97582 02110/2005 000484 CALIF ASSN FOR lOCAL
FY 05106 Mbshp: James O'Grady
80.00
80.00
97583 02110/2005 004248 CALIF DEPT OF JUSTICE.
Feb 04 Drug & Alcohol Analysis
35.00
35.00
97584 0211012005 000486 CALIF MUNI REVENUE & TAX
Ann'l agency membership dues
SO.OO
50.00
97585 02110/2005 000152 CALIF PARKS & RECREATION
Prk Oper Conf:3110:SelVenIMunoz
120.00
120.00
97586 02110/2005 004228 CAMERON WELDING SUPPLY
Helium tanks refill:TCSD
29.18
29.18
97587 02110/2005 000131 CARL WARREN & COMPANY INC Dee 04 Claim adjuster services
Dee 04 Claim adjuster services
3,258.28
54.12
3,312.40
97588 02110/2005 002266 CARRIAGE MOTORS COMPANY 2005 GMC Sierra Truck:Fire 223576
2005 GMC Carco Van:TCSD 1183617
2005 GMC Sierra Truck:B&S 230349
2005 GMC Sierra Truck:B&S 226666
24.670.95
20,131.67
17,801.38
17,801.38
80.405.38
97589 02110/2005 006114 CASEY, MARGIE Reimb: GIS TV for Council Mt9 viewing
167.61
167.61
97590 02110/2005 008534 CASTillO, RYAN EE computer purchase prgm
2,000.00
2,000.00
97591 02110/2005 005417 CINTAS FIRST AID & SAFETY
First aid supplies: Mnte Fae
First aid supplies: City Hall
310.39
39.74
350.13
97592 02110/2005 008546 COHEN, HARRY
Reimb:Nareotie Explosive Trng:1/10-13
352.13
352.13
97593 02110/2005 004405 COMMUNITY HEALTH CHARITIES Community Hea~h Charities Payment
147.00
147.00
97594 02110/2005 001193 COMP U SA INC
(2) 1GB mini USBflsh drive:IS
182.35
182.35
97595 02110/2005 002945 CONSOLIDATED ELECTRICAL
Electrical supplies: City Park sites
43.10
43.10
PageS
apChkLsI
02110/2005
5:27:32PM
Final Check List
CITY OF TEMECULA
Page: 4
Bank: unlan UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
97596 02110/2005 001923 CONVERSE CONSULTANTS
Geotech Svcs:Jefferson Rehabilitation
8,425.00
8,425.00
97597 02/10/2005 003986 COZAD & FOX INC
Hwy 79 A.O.W. dedication consultant
Consultant Svcs:Comm, Theater P~t
4.230.00
3,200.00
7,430.00
97598 02/10/2005 004524 CRAFCO INC-ABSOLUTE
Asphalt Cold mix tor PW 51 Mote
962.86
962.86
97599 02110/2005 003272 DAISY WHEEL RIBBON
Ploner Paper & Ink:GIS Division
781.14
781.14
97600 02/10/2005 008533 DAMKO, CHRISTINE
Reimb:HtI:APA Canf:3118-22/05
844.00
844.00
97601 02/10/2005 008513 DANA STEVENSON ELECTRIC
Res Impr prgm: Johnson, Teddy
500.00
500.00
97602 02110/2005 001393 DATA TICKET INC Dee 04 Parking citation processing
415.27
415.27
97603 02110/2005 003945 DIAMOND ENVIRONMENTAL Portable restroom rental: Vail Ranch
Portable restrooms rentals:Light Parade
Portable restroom rental:Lg Cyn Prk
Portable restroom rental: Veterans Prk
Portable restroom rental:Riverton Prk
Credit: Vail Ranch stolen unit
692.48
686.63
57.48
57.48
57.48
-635.00
916.55
97604 02/10/2005 008230 OOUGLAS E BARNHART INC Jan Pr9ss:Wan Crk Sprts Cmplx P~t
338,910.00
338,910.00
97605 02/10/2005 004192 DOWNS COMMERCIAL FUELING Fuel for city vehicles: CIP
Fuel for city vehicles: Planning/Police
Fuel for city vehicles: Tlffc Division
Fuel for city vehicles: CIP
Fuel for city vehicles: City Van
Fuel for city vehicles: Code Enforce
Fuel for city vehicles: Land Deve!
Fuel for city vehicles: TCSD
Fuel for city vehicles: PW Mnte
Fuel for city vehicles: B&S
35.90
311.24
142.75
139.71
86.28
63.67
721.12
704.72
675.58
436.59
3.317.56
97606 02/10/2005 003223 EDAW INC Bia srvcs:Pala Rd Bridge
262.50
262.50
97607 02/10/2005 000161 EDEN SYSTEMS INC
Ann'l Eden financials/payroll support
26,684.97
26,684.97
97608 02/10/2005 002438 ENGEN CORPORATION
Geotech Svc:Veteran's Memorial
160.00
160.00
97609 02/10/2005 001165 ENTERTAINMENT PUBLICATIONS Fund raiser for TCSD clubs
617.08
617.08
Page:4
apChkLst Final Check Ust Page: 5
02110/2005 5:27:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97610 02110/2005 005251 EQUIPMENT REPAIR SERVICE PW back hoe repairs 355.00 355.00
97611 02110/2005 006487 EUROPEAN CAFE & VINEYARD Refreshments:Planning Commission Mtg 241.20 241.20
97612 02110/2005 000165 FEDERALEXPRESSINC Express mail services 91.98 91.98
97813 02110/2005 003347 FIRST BANKCARD CENTER
MARIE CALLENDER HP Refreshments: Interview Panel 102.42
ONTARIO AIRPORT JC Prkg:Mayor's Cf/Presid.lnauguration 90.00
AMAZON.COM. INC GT Book: Build an Urban Village 22.65
HILTON JC HtI:Mayor's Cf/Presid.lnauguration 1,281.99
AMERICAN PLANNING GT RegistAPA Conf: 3111-13 Peters/Damko 1.235.00
. - - - - .~- -.
AMERICAN AIRLINES RR Air.Nat'J League Cf:SCAG Lobbying 831.14
DENNY'S INC GY Refreshments:Emerg. crews 431.38
NATIONAL LEAGUE OF CITIES RA Nat'1 League Cf:3111-15105 395.00
SOUTHWEST AIRLINES GY Air.CTC HearingILeague of Cities 392.70
SOUTHWEST AIRLINES GR Air:CSMFO Cf:Brown:2123-25 357.80
CALIF BUILDING OFFICIALS AE RegistABM Conf:2128-314:Elmo 330.00
STADIUM PIZZA GY Refrshmnts:Mntc Staff Appreciation 255.96
VEGA GROUP, THE GT RegistAPA Tours:3119:Peters/Damko 228.00
SOlJTHWEST AIRLINES GT Air:APA CF:3111-23:PeterslDamko 218.80
HYATT RR Hotel:SCAG Mtg: 1/06/05 176.31
EMBASSY SUITES HOTEL HP Holel: Cultuml Arts applicant 155.58
WEBER BBQ HP C.Museum exhibit repair parts 135.50 6,640.23
97614 02/10/2005 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
97615 02/10/2005 000795 FRED PRYOR SEMINARS- DesignfDevel Trng:3110:Kitzerow 149.00 149.00
-.------.-
97616 02/10/2005 007866 G C S SUPPLIES INC Printer Toner Supplies:Citywide 244.27 244.27
97617 02/10/2005 007279 GAIL MATERIALS INC R.Calif Sprts Prk clay/lnfield mix 3,463.70
R.ealif Sports Pk packing clay 3.213.80 6.677.50
PageS
apChkLst Final Chack Llat Pago: 6
02l10/2()()S S:27:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97618 02110/2005 000173 GENERAL BINDING Bindingflamination supplies:Copy elr 76.87 76.87
- --- - - --
97619 02l10/200S 008361 GRAPE STOMPERS SO DANCE lesO instructor earnings 175.00 175.00
97620 02110/2005 000711 GRAPHICS UNLIMITED 8000 Imagination Wrkshp Brochures 1,213.27 1,213.27
-- -- - - _.-
97621 02110/2005 005311 H20 CERTIFIEO POOL WATER lES/CRG mnthy pool mnte svcs 2.082.78 2,082.78
97622 02110/2005 000186 HANKS HAROWARE INC Hardware supplies: leSO 823.55
Hardware supplies:Fire Prev.&Stns 470.19
Hardware supplies: City HalVMntc Fac 253.59
Hardware supplies:PW Mnte 228.90
Hardware supplies: B&S 168.07
Hardware supplies:: CRG 155.40
Hardware supplies: TCe 100.57
Hardware supplies: Museums 100.19
Hardware supplies: Mnte Fac 43.09
Hardware supplies: PW Mnte 25.47
T.Museum exhibit supplies 13.n 2,382.79
97623 02110/2005 004811 HEWLETT PACKARD B&S/Code Enforce tablet PCs 4,865.06
HP Storage Wrks/Mlsc supplies:IS 3.327.32 8,192.38
97624 02110/2005 002107 HIGHMARK INC Voluntary Supp Ufe Insurance Payment 622.70 622.70
97625 02110/2005 000194 I C M A RETIREMENT TRUST 457 I C M A Retirement Trust 457 Payment 9,287.63 9,287.63
97626 02110/2005 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 127.15 127.15
97627 02110/2005 003266 IRON MOUNTAIN OFFSITE Records Mgmt Microfilm Storage Unit 255.00 255.00
97628 02110/2005 001186 IRWIN, JOHN TCSD instructor earnings 1.545.60 1,545.60
97629 02110/2005 001091 KEYSER MARSTON ASSOCIATES Jan 05 Affordable housing svcs 8,630.23
Sept 04 Real Estate econ svcs 1,768.75 10.398.9S
97630 02110/2005 001282 KNORR SYSTEMS INC Pool Operator Tmg:2128-311:Wedeking 395.00 395.00
97631 02110/2005 004062 KUSTOM SIGNALS INC Extra Prolaser III Battery Module 431.00 431.00
97632 02110/2005 004051 LOR GEOTECHNICAL GROUP Geotech Svcs: Pechanga Stonn Drain 1,455.00 1,455.00
Page:6
apChkLst Final Check Ust Paga: 7
02110/2005 5:27:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97633 02110/2005 000945 L P S COMPUTER SERVICE HP Printer fuser kit 674.10 674.10
97634 02110/2005 002519 LAB SAFETY SUPPLY INC Safety Supplies for PW Mote 667.20
Safety Supplies for PW Mote 382.60
Safety Supplies for PW Mnte 34.80 1,084.80
97635 02110/2005 007188 LAERDAL MEDICAL CORP. 30 Heartsaver AED text books 323.25 323.25
97636 02110/2005 006744 LAMAR CORPORATION, THE Billboard chg-outs:car show 2125-27 470.00 470.00
97637 02110/2005 003286 LIBRARY SYSTEMS & SERVICES Jan sves-Ubrary system agrrnnt 11.800.10
Jan sves-library system agrmnt 1,293.23 13,093.33
97638 02110/2005 003726 LIFE ASSIST INC Supplies for Paramedic squad 1,022.36 1,022.36
97639 02110/2005 004230 LINCOLN EQUIPMENT INC Competitor Pace Clock wlbattery 305.66 305.66
97640 02110/2005 008474 L1NKOGLE, MYKELLA Refund: Tumble Jungle 83.00 83.00
97641 02110/2005 008538 LOERA, ANGELICA Refund: Tumble Jungle 64.17 64.17
97642 02110/2005 004697 LOWES Hardware supplies: Sin 92 380.93 380.93
97643 02110/2005 003782 MAIN STREET SIGNS Street signs/hardware: PW Maint 320.15 320.15
97644 02110/2005 004141 MAINTEX INC Old Town custodial supplies 356.44
var park sites custodial supplies 267.33
T. Museum custodial supplies 213.94
TCe custodial supplies 116.83 954.54
97645 02110/2005 001967 MANPOWER TEMPORARY temp help w/e 1/23 Hoof/Dankworth 929.92 929.92
97646 02110/2005 006571 MELODY'S AD WORKS Marketing Bvcs: Bluegrass Festival 1,500.00
Reirnb Expenses: Bluegrass Festival 37.76 1.537.76
97647 02110/2005 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,117.18 8,117.18
97648 02110/2005 001905 MEYERS, OAVID WILLIAM TCBD Instructor Earnings 735.00
TCBD Instructor Earnings 140.00 875.00
97649 02110/2005 004894 MICHAEL BRANDMAN Prof svcs:I-15/SR79S UIt. lnterchg 4,320.00 4,320.00
. -- - -..---
Page:7
apChkLst Final Check List Page: 8
0211012005 5:27:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97650 02110/2005 001384 MINUTEMAN PRESS Stationary Envelopes: Police 80.04
Planning Dept. Stationery Supplies 58.81
Business Cards: A. Bostre-Le 43.37 182.22
97651 02110/2005 004534 MOBILE SATELLITE VENTURES Feb EOC Sin Satellite Phone Sves 71.17 71.17
97652 02110/2005 007071 MONART SCHOOL OF THE ARTS TCSD Instructor Earnings 403.20
TCSD Instructor Earnings 345.60
TCSD Instructor Earnings 230.40
TCSD Instructor Earnings 57.60
TCSD Instructor Earnings 57.60 1,094.40
97653 02110/2005 000883 MONTELEONE EXCAVATING heavy rains clean-up: Vallejo Chnl 8,736.00
heavy rains clean-up: Via Lobo Chnl 27,640.00
heavy rains clean-up: De-Sibing Ponds 10,516.00
heavy rains clean-up: De Portola Rd 2,064.00
heavy rains clean-up: Low Flow Crossing 488.00 49,444.00
97654 02110/2005 008541 MOTA JUANA Refund:Sec. Deposit:CRC 1/22/05 100.00 100.00
97655 02110/2005 006146 MT SAN JACINTO COMMUNITY City ee's Word training: 1/19-20/05 1,871.00
City ee's Excel Training: 1/11-13105 1.871.00 3,742.00
97656 02110/2005 007428 MURRIETA KNIGHTS OF Refund:Sec. Deposit:CRC 214/05 100.00 100.00
97657 02110/2005 001986 MUZAK -SOUTHERN CALIFORNIA Feb Music BroadcastOld Town 64.86 64.86
97658 02110/2005 000718 NATIONAL RECREATION PARK 2005 membership dues: H. Parker 215.00 215.00
97659 02110/2005 004512 NINYO & MOORE Assessment: 1.15/SR79S Ult. Interchg 3,092.42 3.092.42
97660 02110/2005 006721 OFFICEMAX - A BOISE COMPANY Finance Dept office supplies 42.13 42.13
97661 02110/2005 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 1,025.23
City Vehicle Repair/Maint Svcs 709.48
City Vehicle Repair/Maint Svcs 635.98
City Vehicle Repair/Maint Svcs 34.57 2,405.26
97662 02110/2005 001171 ORIENTAL TRADING COMPANY TCSD Egg Hunt supplies 2,640.04 2,640.04
97663 02110/2005 002256 P & D CONSULTANTS INC Dec temp bldg inspector: Henderson 8.810.28 6,810.28
97664 02110/2005 008433 PARABEN CORPORATION Paraben Cell Seizure v1.2 Software 619.95 619.95
Page:8
apChkLst Final Check List Page: 9
02110/2005 5:27:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97665 02/10/2005 002099 PASCOE MANAGEMENT LLP Feb lease:Old Town restroom 826.00 826.00
97666 02/10/2005 004538 PAULEY EQUIPMENT COMPANY Tractor for TCSD Maint Div 19,772.13
rental equipment for TCSD 33.60 19.805.73
97667 02/10/2005 007455 PEOPLE LINK Refund:Sec.Deposit:CRC 1/30/05 100.00 100.00
97668 02/10/2005 001958 PERS LONG TERM CARE PEAS Long Tenn Care Payment 288.55 288.55
97669 02/1012005 000249 PETTY CASH Petty Cash Reimbursement 241.85 241.85
97670 02/1012005 006066 PINE, JEANNINE Aefund:Sec. Deposit:CAC 2/5/05 100.00 100.00
97671 02110/2005 001999 PITNEY BOWES 3/t/05-2/28/06 postage meter maint 1,370.00
3/1/05.2/28106 postage scale maint 143.00
postage machine rentaVpostage:Stn 84 63.85 1,576.85
97672 02/1012005 008544 PLAUTZ. TED Aeimb:Citizen Corps Mtg: 12/13/04 91.83 91.83
97673 02110/2005 005886 PLUMBING SPECIALISTS INC. Res implV prgm: Fitzpatrick 655.00 655.00
97674 02/10/2005 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 359.75 359.75
97675 02/1012005 000254 PRESS ENTERPRISE COMPANY Jan general plan update ad 269.10 269.10
97676 02/1012005 008547 PRO CIRCUIT ELECTRIC Res ImplV Prgm: Fitzpatrick 462.00 462.00
97677 02/1012005 003697 PROJECT DESIGN 11115-12/5104 Svcs: SR79S Medians 1.578.50 1.578.50
97678 02110/2005 005075 PRUDENTIAL OVERALL SUPPLY uniforms/flr mat/towel rentals: City 1,105.33 1,105.33
97679 02/1012005 002793 QUICK WRAP BAGS Fire Prey plan shipping bags 200.16 200.16
97680 02/1012005 004029 R J M DESIGN GROUP INC Oct Dsgn Svcs: W.C. Sports Complex 11,492.00 11,492.00
97681 02/1012005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 2,068.11
Various Water Meters 491.05
Various Water Meters 67.78
Jan 01-06-65006-0 Community Theater 7.15 2,634.10
Page:9
apChkLst Final Check List Page: 10
0211012005 5:27:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
97682 02110/2005 002654 RANCHO FORD LINCOLN Repair PW Catch Basin Truck 210.29 210.29
97683 02110/2005 000947 RANCHO REPROGRAPHICS Dup Blueprints: Diaz Road Realignment 125.68 125.68
97684 02110/2005 008085 RAUCH, GEORGANN ee computer purchase prgm 1.556.32 1.556.32
97685 02110/2005 004584 REGENCY LIGHTING various park sites electrical supplies 612.11
CRG electrical supplies 422.62
Old Town electrical supplies 287.69
TCe electrical supplies 184.25
City Hall electrical supplies 165.72
Maint Fac electrical supplies 115.34
City Hall electrical supplies 115.34
T. Museum electrical supplies 96.76
C. Museum electrical supplies 68.27
CRG electrical supplies 68.27
CRG electrical supplies 63.36
C. Museum electrical supplies 17.67 2,217.40
97686 02110/2005 003591 RENES COMMERCIAL Appl. herbicides: City R-Q-W's1streets 1.275.00 1,275.00
. - -- - -- .-..-
97687 02110/2005 004498 REPUBLIC ELECTRIC Tra1 5go1 repair/maint: JeffersonIWinch. 186.00 186.00
97688 02110/2005 002412 RICHARDS WATSON & GERSHON Nav 2004 legal services 87,282.59 87,282.59
97689 02110/2005 000352 RIVERSIDE CO ASSESSOR Assessor Maps for B&S Oept 48.00 48.00
97690 02110/2005 000406 RIVERSIDE CO SHERIFFS DEPT December 2004 Booking Fees 9,825.60 9,825.60
97691 02110/2005 000406 RIVERSIDE CO SHERIFFS DEPT Traf Collision Reconst: 11/29 EAlBD 846.00
Credit: Traf Coil. Reconst-Eric Albert -423.00 423.00
97692 02110/2005 000406 RIVERSIDE CO SHERIFFS DEPT Defensive Driving:JGlFV/FT/MG/LB 245.00 245.00
97693 02110/2005 000406 RIVERSIDE CO SHERIFFS DEPT Canine Handler Update:4/13-15/0S 195.00 195.00
97694 02110/2005 000406 RIVERSIDE CO SHERIFFS DEPT Law Enf. Response:6/30/0S 25.00 25.00
97695 02110/2005 007830 ROAD BUILDERS INC Prgs Pmt #6: W.Vly Crk Chnl Stonn Drains 370,865.07
Emerg Restora1ion:Murrieta Creek 119.900.09
Prgs Pm1 #7: W.Vly Crt< Chnl StromDrain 59,121.24 549,886.40
Page:l0
apChkLst
0211012005
5:27:32PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
97696 02110/2005 007582 SAFEGUARD DENTAL & VISION
97697 02110/2005 005227 SAN DIEGO COUNTY OF
97698 02110/2005 001500 SAN DIEGO REGIONAL TRAIN
97699 02110/2005 006815 SAN DIEGO. COUNTY OF
9noo 02110/2005 000537 SO CALIF EDISON
Final Check List
CITY OF TEMECULA
(Continued)
Description
SafeGuard Vision Plan Payment
SafeGuard Vision Plan Payment
Support Payment Case # DF099118
Grammatical Concepts:J.Robinson: 1/20
Support Payment Acct # 581095025
Feb 2-01-202-7603 Arterial St It
Jan 2..05.791.8807 Various Mtrs
Feb 2-02-351-5281 CRC
Feb 2..o0-987-0n5 Vail Ranch
Jan 2-02-502-8077 Maint Fae
Jan 2.19.683.3283 Front St Ped
Feb 2-20-798-3248 C. Museum
Jan 2..00-397-5067 Various Mtrs
Jan 2-10-331-2153 TCC
Jan 2-22-575-0876 Old Town Front St
97701 02110/2005 000519 SOUTH COUNTY PEST CONTROL pest control sves: Fire Stn 92
9n02 02110/2005 007851 SOUTHCOAST HEATING & AIR
9n03 02110/2005 00n62 STANDARD OF OREGON
9n04 02110/2005 006145 STENO SOLUTIONS
9n05 02110/2005 007273 STUMPS PRINTING COMPANY
9n06 02110/2005 003599 T Y L1N INTERNATIONAL
9n07 02110/2005 000305 TARGET STORE
97708 02110/2005 001547 TEAMSTERS LOCAL 911
9n09 02110/2005 000168 TEMECULA FLOWER CORRAL
Fire Stn 841921City Fae's HV AC maint
CRC HVAC repair/maint sves
CRC HV AC preventative maint
TCClSr Ctrff. Mus/C. Mus.HVAC Mntc
City Hall HV AC repair/maint sves
Mandatory life Insurance Payment
Jan transcription srvcs: Police
MIS & FID date night supplies
10/30-12/31/04 Constr Support: R.C.Bridge
PW Dept office supplies
Teen Program Supplies
Union Dues Payment
Sunshine Fund
Page: 11
Amount Paid
Check Total
1.003.27
0.00
1,003.27
25.00
25.00
135.00
135.00
12.50
12.50
14,258.58
5,488.49
4,679.54
4,659.51
1,428.34
1,205.64
987.98
954.17
537.61
264.39
34,464.25
42.00
42.00
1,605.00
710.00
662.50
460.00
105.00
3,542.50
2,502.50
2,502.50
1.901.44
1.901.44
384.62
384.62
280.00
280.00
378.48
91.30
469.78
3,841.00
3,841.00
59.21
59.21
Page:11
apChkLst
02110/2005
5:27:32PM
Final Check Ust
CITY OF TEMECULA
Page: 12
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
97710 02110/2005 004209 TEMECULA SUNRISE ROTARY
Jan-Mar bus bench placement/maint
3,000.00
3,000.00
97711 02110/2005 000306 TEMECULA VALLEY PIPE &
drinking fountainslirrigation supplies
8,254.87
8,254.87
97712 02110/2005 004274 TEMECULA VALLEY SECURITY
Harveslon Park locksmith $ves
City Hall locksmith sves
77.12
16.18
93.28
97713 02110/2005 007250 TETRA TECH INC
Dee Dsgn Sves: Rainbow Cyn Guardrail
419.57
419.57
97714 02110/2005 003862 THYSSENKRUPP
Jan-Mar elev main! @ CI-VTMlMF
Credit Overbilled porch lift @ CRG
Credit:Overbilled porch liWelev. main!
Creditoverbi1led elev. maint:C.I-Vr.Mus.
1,090.85
.6.13
-25.85
-60.00
998.87
gn15 02110/2005 003031 TRAFFIC CONTROL SERVICE INC traffic control supplies: PW Main!
Safety equiplbarricades: TCSD
Credit:Safety equiplbarricades:TCSD
2,664.12
424.54
-424.54
2,664.12
9n16 02110/2005 005873 TAl AD ACTUARIES INC Jan Administration Fees
Credit: 41 participants for Jan
365.50
-17.00
348.50
97717 02110/2005 006192 TRISTAFF GROUP lemp help w/e 1123lidwelVLong
temp help w/e 01/16 TidwelVLong
886.93
792.68
1,679.61
97718 02110/2005 008542 TYSON, BARBARA Refund: Painting in the Vineyards
79.00
79.00
9n19 02110/2005 004435 US CONFERENCE OF MAYORS, 2005 membership dues: J. Comerchero
4,822.00
4,822.00
97720 02110/2005 002702 US POSTAL SERVICE Postage meter depostt
4,033.98
4,033.98
97721 02110/2005 002065 UNISOURCE
White Copy Paper for Central Services
2,922.18
2,922.18
97722 02110/2005 000325 UNITEO WAY
United Way Charities Payment
300.65
300.65
97723 02110/2005 004819 UNUM LIFE INS. CO. OF AMERICA LongTenn Disability Payment
7,087.10
7,087.10
97724 02110/2005 004261 VERIZON
Jan xxx-5509 general usage
Dec xxx-2016 general usage
Jan xxx-1540 Old Town Prk Lot
Jan xxx-1999 general usage
Jan xxx-2629 Naggar
Jan xxx-0049 general usage
148.07
108.92
90.55
37.80
28.68
28.51
442.53
Page:12
apChkLst
0211012005
5:27:32PM
Final Check List
CITY OF TEMECULA
paga: 13
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
97725 02110/2005 004279 VERIZON CALIFORNIA INC.
Jan access-CRG phone line
Jan access-C. Museum phone line
354.24
297.55
651.80
97726 02110/2005 008432 VERSATILE INFORMATION
Digital Voice Recorder Package
3,018.38
3,018.38
97727 02110/2005 001890 VORTEX DOORS
repair front door @ City Hall
388.88
388.88
97728 02110/2005 007169 VSD VENTURES. INC.
Refund:Sec. Deposit:CRC
lS0.00
150.00
97729 02110/2005 007987 W ALMART
kitchen'bath utensils for Fire 5tn 92
266.94
266.94
97730 02110/2005 003730 WEST COAST ARBORISTS INC
01/01.15/05 Citywide tree maint svcs
1,900.00
1,900.00
97731 02110/2005 000621 WESTERN RIVERSIDE COUNCIL Jan 05 TUMF Fees
27,638.46
27,638.46
97732 02110/2005 008402 WESTERN RIVERSIDE COUNTY Jan 2005 MSHCP paymenl
4,953.00
4,953.00
97733 02110/2005 008543 WRIGHT, MARLA Refund: Temecula Vly Speed Camp
100.00
100.00
97734 02110/2005 001544 YEAGER SKANSKA INC prgs pml #9: Wo~ Valley Creek Channel
prgs pmt #9 retention
80,101.22
8,900.14
89,001.36
97735 02110/2005 003776 ZOLL MEDICAL CORPORATION Paramedics medical supplies
Paramedics medical equipment
Credit: returned ECG electrodes
947.18
146.89
-106.03
988.04
Grand total for UNION BANK OF CALIFORNIA:
1,899,041.03
Page:13
ITEM 4
APPROVAL
CITY ATTORNEY
DIR. OF FINANCE ~
CITY MANAGER (}h)'
CITY OF TEMECULA
AGENDA REPORT
TO:
City Council
FROM:
Shawn Nelson, City Manager
DATE:
February 22, 2005
SUBJECT:
Approval of 2004-05 Mid-Year Budget Adjustments
PREPARED BY:
Genie Roberts, Director of Finance ~
Jason Simpson, Assistant Finance Director ~
RECOMMENDATION:
That the City Council:
1 . Adopt a resolution entitled:
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING THE FISCAL YEAR 2004-
05 ANNUAL OPERATING BUDGET
2. Adopt a resolution entitled:
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, REVISING THE SCHEDULE OF
AUTHORIZED POSITIONS
DISCUSSION: Each year, the City conducts a mid-year review of its operating budget.
The purpose of this review is to conduct an analysis of revenues and expenditures to ensure
that the City maintains a prudent and healthy fiscal position. Finance Department staff has
performed an analysis of revenues. All City departments have reviewed their operating
budgets and have identified any material adjustments required.
The mid-year budget review includes the General Fund, Gas Tax Fund, State Transportation
Fund, and the Internal Service Funds. Activity in each of the funds is presented in accordance
with the following schedules:
Summarv of Revenues. Expenditures, and Fund Balance: Presents a summary of prior
year and FY 2004-05 year-to-date actual activity, as well as the FY 2004-05 current
and proposed budget amounts. Also included is a schedule of beginning and estimated
ending fund balance based upon the proposed budget activity.
Revenue Detail: Presents detail of prior year and FY 2004-05 year-to-date revenues, as
well as the FY 2004-05 current and revised projected revenues.
General Fund
The projected General Fund revenues reflect a $3,071,222 or 6.2% increase over the ori9inal
budget estimate. The material projected revenue increases are in Sales Tax ($1,179,400).
FEMA Grant revenues ($1,100,000), Motor Vehicle In Lieu ($568,800). Property Tax
($475,000). Reimbursements ($170,000) Supplemental property taxes ($157,000). and
Booking Fee Reimbursement ($106,800). Several smaller revenue increases are projected as
well.
Decreases are proposed in the following revenue categories: Reimbursements from Capital
Improvement Fund ($600,000). Land Development ($450,000), Fire Plan Check Fees
($100,0001, and Motor Vehicle License Fees - Trailers ($55,000).
A total increase of $3,069,300 or 6.3% is requested in General Fund operating expenditures
that are primarily due to State Budget Takeaways for ERAF III Shift and Storm Damage from
the recent rains. A summary of these expenditures are as follows:
Human Resources:
:>> Reflects a $15,800 increase is requested due to (1) increased recruitment costs
of $10,000 and $5,800 due to required CALPERS employer contribution rate
adjustments of approximately 3.1 %
CIP Administration:
:>> Reflects a $145,400 increase due to (1) $103,000 in the CIP Administration
Department budget necessary to fund three additional engineering positions
related to TUMF capital projects, and (2) $42,400 due to required CALPERS
employer contribution rate adjustments of approximately 3.1 %. The estimated
revenues have been revised to account for the $103,000 to be recovered from
TUMF funds, pending approval by WRCOG.
FEMA - Storm Damaqe:
:>> Reflects a $1,100,000 increase due to unexpected and extraordinary rainfall,
excessive damage was caused to Temecula Creek, Murrieta Creek, and the Main
Street Bridge. Although FEMA representatives have assessed the various
damages, the City is unsure if and when the funds would be allocated. With the
typical "rainy season" approachin9, it is necessary to provide permanent repairs
to these facilities as soon as possible in order to avoid further structure and
property damage. This increase is funded by reserves already specifically set-
aside for the Murrieta Creek Project.
2
Police:
);> Reflects a total $327,000 increase as follows:
. $300,000 increase in sworn salaries as follows: (1) $120,000 for
estimated increased contract rates retroactive to June 2004 and (2)
$180,000 in cost savings not anticipated to be realized.
. $27,000 for additional 9rant funded equipment and supplies. The
corresponding grant revenues have also been increased by $27,000 to
offset this increase.
Non-departmental:
);> Reflects a $1,249,000 increase due to the State's first shift of $990,800 due
to ERAF Shift III ("Triple Flip Offset"). A second and final shift of $990,800
will also occur in FY2005-06. An additional $145,000 is necessary to provide
for the anticipated increase in CFD 88-12 reimbursements as a result of
increased sales tax revenue in the District's boundaries. Furthermore, an
additional $113,200 in R.E.S.T. contribution is required due to modifications
needed in TCSD's midyear budget.
Remaininq Departments:
);> The remaining departments require additional appropriations that the City is
unable to absorb under the current budget due to required CALPERS employer
contribution rate adjustments of approximately 3.1 %.
Gas Tax and State Transportation Funds
Based upon a review of the activity for the Gas Tax Fund, there are no proposed changes or
modifications to this budget at this time. There are minor budget modifications regarding
previously unspent State Transportation Funds.
Law Enforcement Funds (AB3229 COPS)
The Law Enforcement Fund has been increased due to an increase allocation of $13,100 under
this grant funded program.
Internal Service Funds
Based upon a review of the activity for Insurance, Vehicles, Support Services, and Facilities,
there are no proposed changes or modifications to these budgets at this time. However, based
upon a review of activity for Information Systems, this fund requires an increase of $19,400
due to a required CALPERS employer contribution rate adjustment of approximately 3.1 %.
Additionally, $19,800 has been increased in the Vehicles Fund due to depreciation schedule
adjustments and the addition of a Hybrid Vehicle purchased earlier in the year for the Plannin9
Department.
3
Authorized Positions
There is no position reclassifications proposed, however the City is increasing the schedule of
authorized positions by Five (5) FTE's (Full-Time Equivalents). An increase of $103,000 in the
CIP Administration Department budget is necessary to fund three additional engineering
positions related to TUMF capital projects. The estimated revenues have been revised to
account for the $103,000 to be recovered from TUMF funds, pending approval by WRCOG.
The City is planning to fill the two TCSD positions on June 1, 2005 related to the new
Community Theater for a current fiscal year cost of $11,000. A summary of the proposed
positions is as follows:
Dept.
Proposed Position
CIP Admin
CIP Admin
TCSD
TCSD
(2) Associate Engineers (new) (2 FTE)
(1) Assistant Engineer (new (1 FTE)
(1) Patron Services Coordinator (1 FTE)
(1 )Theater Technical Supervisor (1 FTE)
The Schedule of Authorized Positions has been updated to reflect these changes.
FISCAL IMPACT: The proposed mid-year budget adjustments will result in a net increase of
$1,922 to the General Fund reserves. The Designated Fund Balance for State Impacts has
been reduced to $1 million in anticipation of the State takeaway (ERAF Shift III) of
approximately $1 million next year. The undesignated fund balance will be approximately
$2,562,193 at June 30, 2005.
Attachments:
Resolution No. 05-_ Mid-Year Budget Amendment
Resolution No. 05- Schedule of Authorized Positions
2004-05 General Fund Mid-Year Budget
2004-05 Gas Tax and State Transportation Funds Mid-Year Budget
2004-05 Internal Service Funds Mid-Year Budget
2004-05 CDBG Fund Mid-Year Budget
2004-05 Law Enforcement Fund Mid-Year Budget
4
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING THE FISCAL YEAR
2004-05 ANNUAL OPERATING BUDGET
WHEREAS, each year a mid-year review is conducted of City operating budgets.
WHEREAS, the purpose of this review is to conduct an analysis of revenues and
expenditures to ensure that the City maintains a prudent and healthy fiscal position.
WHEREAS, the mid-year review has been completed and the recommended adjustments
are reflected in the attached schedules for the City's General Fund and Internal Service Funds.
The City Council of the City of Temecula does hereby resolve as follows:
Section 1. That the Fiscal Year 2004-05 General Fund Annual Operating Budget
is hereby amended in accordance with the attached, hereto as Exhibit A, General Fund Mid-
Year Budget.
Section 2. That the Fiscal Year 2004-05 Gas Tax and State Transportation
Funds Annual Operating Budget are hereby amended in accordance with the attached, hereto
as Exhibit B, Gas Tax and State Transportation Funds Mid-Year Budget.
Section 3. That the Fiscal Year 2004-05 Internal Service Funds Budgets are
hereby amended in accordance with the attached, hereto as Exhibit C, Internal Service Funds
Mid-Year Budget.
Section 4. The City Clerk shall certify adoption of the resolution.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this
22nd day of February 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAl]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk for the City of Temecula, California, do hereby
certify that Resolution No. 04- was duly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 22'. day of February 2005 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, REVISING THE SCHEDULE OF
AUTHORIZED POSITIONS
WHEREAS, pursuant to the authority under Chapter 2.12.030 of the City's Municipal
Code, the City Manager has the authority to hire, set salaries and adopt personnel policies:
and,
WHEREAS, the City Manager has recommended and the City Council now wishes to
adopt the Revised Schedule of Authorized Positions;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as
follows:
Section 1. The attached Schedule of Authorized Positions (Exhibit A) is hereby adopted
pursuant to Section 45001 of the California Government Code. Such list is attached to this
Resolution and incorporated herein by this reference.
Section 2. The Schedule of Authorized Positions shall become effective February 22,
2005, and may be thereafter amended.
Section 3. The City Manager shall implement the attached Schedule of Authorized
Positions and has the authority to select and appoint employees in accordance with the City's
personnel policies.
Section 4. All prior resolutions and parts of this resolution in conflict with this
Resolution are hereby rescinded.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 22nd day of February 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 05-_ was duly and regularly adopted by the City Council of the
City of T emecula at a regular meeting thereof held on the 22"' day of February 2005, by the
following vote of the City Council:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
2004-05 SCHEDULE OF
AUTHORIZED POSITIONS
MID-YEAR BUDGET
City of Temecula SCHEDULE OF AUTHORIZED POSITIONS
FY 04/05
Authorized ExempU
Count Minimum Maximum NonExempt
Buildinl! & Safety
ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE
BUILDING INSPECTOR II 7.00 $ 3,641 $ 4,661 NE
BUILDING INSPECTOR III 1.00 $ 3,941 $ 5,045 NE
COMMUNITY DEVELOPMENT TECH 4.00 $ 3,010 $ 3,854 NE
DEPUTY BUILDING OFFICIAL 1.00 $ 5,475 $ 7,009 E
DIRECTOR, BUILDING & SAFETY 1.00 $ 6,845 $ 8,761 E
OFFICE ASSISTANT 2.00 $ 2,020 $ 2,585 NE
OFFICE SPECIALIST 1.00 $ 2,178 $ 2,788 NE
PLAN CHECKER/BLDG INSPECTOR 1.00 $ 3,941 $ 5,045 NE
SENIOR BUILDING INSPECTOR 1.00 $ 4,344 $ 5,559 E
Building & Safety Subtotals: 20.00
City Clerk
ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE
CENTRAL SERVICES COORDINATOR 1.00 $ 2,478 $ 3,171 NE
CITY CLERKlDIR OF SUPPORT SERV 1.00 $ 6,845 $ 8,761 E
DEPUTY DIR OF SUPPORT SERVICES 1.00 $ 5,263 $ 6,739 E
MINUTE CLERK 1.00 $ 2,888 $ 3,697 NE
OFFICE ASSISTANT 0.50 $ 2,020 $ 2,585 NE
OFFICE SPECIALIST 2.00 $ 2,178 $ 2,788 NE
SR. RECORDS COORDINATOR 1.00 $ 3,047 $ 3,900 NE
City Clerk Subtotals: 8.50
City Council
COUNCILMEMBER 5.00 $ 0 $ 860 E
City Council Subtotals: 5.00
City Manal!er\Human Resources
ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE
ASSIST ANT CITY MANAGER 1.00 $ 9,260 $ 11 ,853 E
ASST TO CITY MNGR/HR DIRECTOR 1.00 $ 6,845 $ 8,761 E
CITY MANAGER 1.00 $0 $ t3,203 E
EXECUTIVE ASSISTANT 1.00 $ 3,816 $ 4,885 E
HUMAN RESOURCES ANALYST 1.00 $ 4,199 $ 5,375 E
HUMAN RESOURCES SPECIALIST 1.00 $ 3,414 $ 4,370 E
MARKETING COORDINATOR 1.00 $ 4,619 $ 5,913 E
SENIOR MANAGEMENT ANALYST 1.00 $ 5,102 $ 6,531 E
City Manager\Human Resources Subtotals: 9.00
Page I of 02/17/2005
.1TTnA."t"A nn.
City of Temecula SCHEDULE OF AUTHORIZED POSITIONS
FY 04/05
Authorized Exempt!
Count Minimum Maximum NonExempt
Community Services
ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE
AQUATICS SUPERVISOR 1.00 $ 3,579 $ 4,581 NE
CULTURAL ARTS ADMINISTRATOR 1.00 $ 5,494 $ 7,034 E
CUSTODIAN 2.00 $ 2,162 $ 2,768 NE
DEPUTY DIR. OF COMMUNITY SVCS 1.00 $ 6,549 $ 8,382 E
DEVELOPMENT SVCS ADMINISTRATOR 1.00 $ 5,509 $ 7,052 E
DIRECTOR OF COMMUNITY SERVICES 1.00 $ 8,174 $ 10,463 E
FACILITY MAINTENANCE COORD. 1.00 $ 2,984 $ 3,818 NE
LANDSCAPE INSPECTOR 2.00 $ 3,067 $ 3,924 NE
LEAD MAINTENANCE WORKER 2.00 $ 3,027 $ 3,873 NE
MAINTENANCE SUPERVISOR 1.00 $ 4,237 $ 5,423 E
MAINTENANCE SUPT. - TCSD 1.00 $ 5,206 $ 6,663 E
MAINTENANCE WORKER 3.00 $ 2,571 $ 3,291 NE
MANAGEMENT ANALYST 1.00 $ 4,619 $ 5,913 E
MUSEUM SERVICES MANAGER 2.00 $ 3,679 $ 4,711 NE
OFFICE SPECIALIST 3.00 $ 2,178 $ 2,788 NE
PARK/LANDSCAPE MAINT SUPV 1.00 $ 4,237 $ 5,423 E
PATRON SERVICES COORDINATOR 1.00 $ 3,067 $ 3,924 NE
RECREATION COORDINATOR 1.00 $ 2,923 $ 3,741 NE
RECREATION SUPERINTENDENT 1.00 $ 5,494 $ 7,034 E
RECREATION SUPERVISOR 3.00 $ 3,579 $ 4,581 NE
SENIOR LANDSCAPE INSPECTOR 1.00 $ 3,525 $ 4,512 NE
SENIOR RECREATION COORDINATOR 1.00 $ 3,216 $ 4,115 NE
THEATER TECHNICAL SUPERVISOR 1.00 $ 3,216 $ 4,115 NE
THEATRE MANAGER 1.00 $ 4,437 $ 5,680 E
Community Services Subtotals: 35.00
Finance
ACCOUNTANT 1.00 $ 3,717 $ 4,759 NE
ACCOUNTING ASSISTANT 2.00 $ 2,404 $ 3,077 NE
ACCOUNTING SPECIALIST 2.00 $ 2,781 $ 3,558 NE
ACCOUNTING SPECIALIST -PAYROLL 1.00 $ 2,781 $ 3,558 NE
ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE
ASSISTANT DIRECTOR OF FINANCE 1.00 $ 6,490 $ 8,309 E
BUSINESS LICENSE SPEC/CASHIER 1.00 $ 2,485 $ 3,182 NE
DIRECTOR OF FINANCE 1.00 $ 8,174 $ 10,463 E
FISCAL SERVICES MANAGER 1.00 $ 5,699 $ 7,295 E
PURCHASING COORDINATOR 1.00 $ 2,781 $ 3,558 NE
REVENUE MANAGER 1.00 $ 5,102 $ 6,531 E
SENIOR ACCOUNTANT 1.00 $ 4,745 $ 6,074 E
SENIOR DEBT ANALYST 0.50 $ 5,102 $ 6,531 E
Finance Subtotals: 14.50
Page 2 of 02/17/2005
4T TnrlMp.r1 on"
City of T emecula SCHEDULE OF AUTHORIZED POSITIONS
FY 04/05
Authorized ExempU
Couut Minimum Maximum NonExempt
Fire
ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE
OFFICE SPECIALIST 1.00 $ 2,178 $ 2,788 NE
Fire Subtotals: 2.00
Information Svstems
ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE
DIRECTOR OF INFORMATION SYSTEM 1.00 $ 6,845 $ 8,761 E
GIS ADMINISTRATOR 1.00 $ 4,717 $ 6,037 E
GIS ANALYST 1.00 $ 3,592 $ 4,598 NE
I.S. ADMINISTRATOR 2.00 $ 4,717 $ 6,037 E
INFORMATION SYSTEMS SPECIALIST 1.00 $ 3,864 $ 4,946 NE
SR. I.S. SPECIALIST 1.00 $ 4,237 $ 5,423 NE
WEBMASTER 1.00 $ 3,592 $ 4,598 NE
Information Systems Subtotals: 9.00
Planninl!
ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE
ASSIST ANT PLANNER 1.00 $ 3,737 $ 4,784 NE
ASSOCIATE PLANNER 6.00 $ 4,238 $ 5,424 NE
CODE ENFORCEMENT OFFICER 2.00 $ 3,489 $ 4,466 NE
CODE ENFORCEMENT OFFICER II 1.00 $ 3,839 $ 4,913 NE
DEPUTY CITY MANAGER 1.00 $ 9,163 $ 11,729 E
DEVELOPMENTPROC.COORDfNATOR 1.00 $ 3,840 $ 4,915 NE
DIRECTOR OF PLANNING 1.00 $ 7,581 $ 9,704 E
OFFICE ASSISTANT 2.00 $ 2,020 $ 2,585 NE
OFFICE SPECIALIST 2.00 $ 2,178 $ 2,788 NE
PRlNCIP AL PLANNER 3.00 $ 6,t54 $ 7,878 E
SENIOR PLANNER 1.00 $ 5,353 $ 6,852 E
Planning Subtotals: 22.00
Police
MANAGEMENT ANALYST 1.00 $ 4,619 $ 5,913 E
Police Subtotals: 1.00
Page 3 of 02/17/2005
A11.....,1....+"',1 "....
City of Temecula
FY 04/05
SCHEDULE OF AUTHORIZED POSITIONS
Authorized Exempt!
Count Minimnm Maximum NonExempt
Public Works
ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE
ASSISTANT ENGINEER 8.00 $ 4,177 $ 5,349 NE
ASSOCIATE ENGINEER 10.00 $ 4,912 $ 6,287 E
CIP SPECIALIST 0.75 $ 3,317 $ 4,246 NE
CONSTRUCTION MANAGER 1.00 $ 4,999 $ 6,616 E
DEPUTY DIRECTOR PUBLIC WORKS 1.00 $ 7,329 $ 9,381 E
DIR OF PUB WORKS/CITY ENG 1.00 $ 9,163 $ 11,729 E
ENGINEERING TECHNICIAN 1.00 $ 2,822 $ 3,613 NE
JUNIOR ENGINEER 1.00 $ 3,247 $ 4,156 NE
LEAD MAINTENANCE WORKER 4.00 $ 3,027 $ 3,873 NE
MAINTENANCE SUPERVISOR 1.00 $ 4,237 $ 5,423 E
MAINTENANCE SUPT. - PIW 1.00 $ 5,206 $ 6,663 E
MAINTENANCE WORKER 5.00 $ 2,571 $ 3,291 NE
MANAGEMENT ANALYST 1.00 $ 4,6]9 $ 5,913 E
OFFICE ASSISTANT 3.00 $ 2,020 $ 2,585 NE
OFFICE SPECIALIST 3.00 $ 2,178 $ 2,788 NE
PRINCIPAL ENGINEER 3.00 $ 6,597 $ 8,444 E
PROPERTY AGENT 1.00 $ 4,912 $ 6,287 E
PUBLIC WORKS INSPECTOR 2.00 $ 3,671 $ 4,699 NE
SENIOR ENGINEER 2.00 $ 5,792 $ 7,414 E
SENIOR PUBLIC WORKS INSPECTOR 4.00 $ 4,221 $ 5,403 NE
SENIOR SIGNAL TECHNICIAN 1.00 $ 4,237 $ 5,423 NE
SPECIAL PROJECTS ENGINEER 1.00 $ 4,912 $ 6,287 E
Public Works Snbtotals: 56.75
Redevelopment
ADMINISTRATIVE ASSISTANT
DIR OF HOUSING & REDEVELOPMENT
MANAGEMENT ANALYST
Redevelopment
1.00 $ 2,888 $ 3,697
1.00 $ 7,58] $ 9,704
1.00 $ 4,6]9 $ 5,913
Subtotals: 3.00
NE
E
E
Totals:
Building & Safety 20.00
City Clerk 8.50
City Council 5.00
City Manager 9.00
Community Services 35.00
Finance 14.50
Fire 2.00
Information Systems 9.00
Planning 22.00
Police 1.00
Public Works 56.75
Redevelopment 3.00
Total of Authorized Positions: 185.75
Page 4 of 02/17/2005
ATT_..I_<-_..1 __.
2004-05 GENERAL FUND
MID-YEAR BUDGET
cm OF TEMECULA
SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE
GENERAL FUND
2004-05 MIDYEAR PROJECTION
2003-04 2004.05 2004-05 2004-05 Proposed %
Audited Current Year-to-Date Revised Increase Increase
Actual Budqet Actuals Budqet (Decrease) (Decrease)
Total Revenues 48,650,259 49,165,908 23,406,513 52,237,130 3,071,222 6.2%
Expenditures by Dept:
City Council 339,491 380,200 196,822 380,200
Community Support 450,469 416,700 219,217 416,700
City Manager 913,730 1,021,100 481,135 1,037,200 16,100 1.6%
Economic Development 733,725 902,013 275,030 902,Ot3
City Clerk 837,037 912,000 389,471 912,000
City Attorney 737,730 850,000 294,633 850,000
Finance 1,540,734 1,768,861 795,951 1,796,761 27,900 1.6%
Human Resources 434,915 491,300 228,856 507,100 15,800 3.2%
Planning 2,658,297 3,176,685 1,390,633 3,224,685 48,000 1.5%
Building & Safety 2,311,777 2,597,840 1,213,206 2,632,940 35,100 1.4%
Land Development 1,678,643 t,974,340 858,464 2,009,440 35,100 1.8%
Public Works 4,631,833 5,692,402 1,771,430 5,762,302 69,900 1.2%
CIP Admin 1,938,853 2,358,300 995,303 2,503,700 145,400 6.2%
FEMA - Storm Damage 1,100,000 1,100,000 100.0%
Police 12,151,907 13,618,072 5,345,727 13,945,072 327,000 2.4%
Fire 4,148,051 5,105,598 2,521,762 5,105,598
Animal Control 90,701 132,000 45,106 132,000
Non-OeDartmental:
ERAF Shift III - State Takeaway 990,800 990,800
Non-Departmentai other 5,892,108 7,298,505 4,272,537 7,556,705 258,200 3.5%
Total Expenditures 41,490,003 48,695,915 21,295,282 51,765,215 3,069,300 6.3%
Excess of Revenues Over
(Under) Expenditures 7,160,257 469,993 2,111,231 471,915 1,922
Operating Transfers Out:
Capital Projects 7,3t3,956 4,680,156 4,680,156 4,680,156
Total Operating Transfers Out 7,313,956 4,680,156 4,680,156 4,680,156
Excess of Revenues Over
(Under) Expenditures and
Operating Transfers Out (153,699) (4,210,163) (2,568,925) (4,208,241) 1,922
cm OF TEMECULA
SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN RJND BALANCE
GENERAL FUND
2004-05 MIDYEAR PROJECTION
2003-04 2004-05 2004-05 2004-05
Audited Current Year-ta-Date Revised
Actual Budqet Actuals Budget
Fund Balance, Beg. of Year 26,7tO,9t9 26,557,220 26,557,220 26,557,220
Revenues 48,650,259 49,165,908 23,406,513 52,237,130
Expenditures and Transfers Out (48,803,959) (53,376,071 ) (25,975,438) (56,445,371)
Fund Balance, End of Year 26,557,220 22,347,056 23,988,295 22,348,978
Detail of Fund Balance:
Reserved for long-term advance to RDA
Reserved for long-term advance to CIP (Chaparral Pool)
Reserved for long.term receivables
Reserved for deposits and prepaid items
Reserved for Inventory
Reserved for comprehensive annual leave
Unreserved:
Designated for continuing appropriation
Designated for economic uncertainty (20% of Appropriations> $50 million)
Designated for retiree benefits
Designated for open space
Designated for Dutch Villages
Designated for State Budget impacts
Designated for Rood Control
Undesignated
1,527,475
400,000
273,156
49,609
5,279
1,096,603
200,543
10,353,043
2,224,851
506,226
150,000
1,000,000
2,000,000
2,562,193
22,348,978
GENERAL FUND
REVENUE DETAIL
FY 2004-05 MIDYEAR BUDGET
ACCT FY 03~04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 001 GENERAL FUND ACTUALS YTD t@ 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
DEPT 161 PLANNING
-Various 533,120 356,209 776,000 776,000
DEPT 162 BUILDING & SAFETY
-Various 2,377 ,353 1,035.935 2,155,400 2,155,400
DEPT 163 LAND DEVELOPMENT
-Various 2,871,450 711,963 2,403,800 1,953,800 (450,000) -18.7%
DEPT 164 CIP
4076 -Reimbursements
DEPT 170 POLICE
4051 -Donations Every 15 Minutes 500
4055 -Parking Citations 47.611 26.327 45,000 45,000
4059 -Fingerprinting Fee 19.559 30,000 30,000
4060 -Miscellaneous 45,930 16,027 45,000 45,000
4067 -Vehicle Impound Fees 31,170 28,667 30,000 30,000
4069 -Taxi Fees 2,403
4076 -Reimbursements 111,644 51,315 122.500 122,500
4083 -Grants 80,243 24,773 139,568 166,600 27,032 19.4%
4088 -Donations 1,000
4116 -Conditional Use Permit 321
4125 -Temporary Outdoor Event 3,226 280 2,500 2,500
4126 -Temporary Use Permit 1.326
4225 -OTS Grants 7,918 134,740 134,800 60
DEPT 171 FIRE
4036 -Fire Plan Check 163,177 162,889 450,000 350,000 (100,000) -22.2%
4037 -Fire Inspection 89,877 139,535 301,000 301,000
4051 -Donations
4060 -Miscellaneous Non Taxable
4083 -Grants 48,329 9,540 70,000 70,000
DEPT 199 NON-DEPARTMENTAL
4010 -Property Tax 2,703.265 1,169,206 2,600,000 3,075,000 475,000 18.3%
4012 -Property Tax (Unsecured) 158,259 150,353 147,000 160,000 13,000 8.8%
4013 -Supplemental Tax - AS 2345 131,392 203,932 68,000 225,000 157.000 230.9%
4015 -ERAF Reimbursement
4016 -Property Transfer Tax 991,654 592,433 900,000 900,000
4017 -Booking Fee Reimbursement 106,867 106,867 106,800 106,800 100.0%
4018 -Franchise Fees 2,030.834 550,894 2,130,000 2,130,000
4020 -Transient Occupancy Tax 1 ,637,487 652,921 1,820,000 1,820,000
4024 -Sales and Use Tax - State of CaUf 25,392,314 12,031,243 18,615,450 19,558,690 943,240 5.1%
-Sales and Use Tax - Riv Co 6,205,150 6,441,310 236,160 3.8%
4025 - FEMA Grants 82.776 1,100,000 1,100,000 100.0%
4028 ~Homeowner Property Tax Relief 67,821 32,495 69,000 65,000 (4,000) -5.8%
4032 -Candidate Filing Fees 125
4042 -Motor Vehicle License Fees 51,052 55.000 (55,000) -100.0%
4045 -Off Road Vehicle In Lieu 2,503 1,023 3,600 3,600
4046 -Motor Vehicle in Lieu - State of Calif 3,393.793 2.393,835 317,312 430,000 112,688 35.5%
-Motor Vehicle in Lieu - Riv Co 3,649,088 4,102,730 453,642 12.4%
4047 -Vehicle Code Fines 1,113,900 561,289 1.000,000 1 ,000,000
4051 -Contributions 500
4052 -Tipping Fees 260
4053 -Bids & Proposals 9,102 10,980 7,000 7,000
4056 -Business Licenses 292,361 115,197 270,000 270,000
4058 -Miscellaneous 149 1,009
4059 -Right of Way Advertising 53,601 65,760 114,700 114,700 100.0%
4060 -Miscellaneous Non Taxable 20,505 9.094 24,000 24.000
4061 -Returned Check Fee 561 600
4062 -Recovery of Prior Year Expense 13,292 219
4065 -Investment Interest 536,517 317,573 400,000 600,000 200,000 50.0%
4070 -Cash Over & Short 13 -36
4075 -Rental Income 1
4076 -Reimbursements 159,854 65,344 170,000 170,000
-TUMF reimbursements 103,000 103,000
4077 -Community Services District 162,000 81.000 162,000 162,000
4079 -Sales Tax Reimbursement-RedHawk 259,964 130,371 320,000 320,000
4082 -Redevelopment Agency 225,000 112,500 225,000 225,000
4083 -Capital Improvement Program 1,454,510 515,703 1,886,700 1,286,700 (600,000) -31.8%
4090 -Operating Transfers-in 1,538,437 868,889 1,496,500 1,496,500
4100 -State Mandated Costs 8
4400 -Financing Reimbursement 150.617 78.750 119,600 157,500 37,900 31.7%
4540 -Gain on Investment 2500
TOTAL GENERAL FUND 49156342 23406513 49165908 52237 130 3071 222 6.2%
2004-05 GAS TAX AND STATE
TRANSPORTATION FUNDS
MID-YEAR BUDGET
CITY OF TEMECULA
SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND 6ALANCE
GAS TAX FUND
2004-05 MIDYEAR PROJECTION
2003-04 2004.()5 2004.()5 2004.()5 Proposed %
Audited Proposed Year-to.Date Revised Increase Increase
Actuals Budqet Actuals Budqet (Decrease) (Decrease)
Total Revenues 1,422,132 1,395,500 619,132 1,395,500
Total Expenditures
Excess of Revenues Over (Under)
Expenditures 1,422,132 1,395,500 619,132 1,395,500
Operating Transfers Out 1,426,714 1,395,500 755,099 1,395,500
Excess of Revenues Over (Under)
Expenditures and Operating
Transfers Out (4,582) (135,967)
Fund Balance, Beg. of Year 141,719 137,137 137,137 137,137
Fund Balance, End of Year 137,137 137,137 1.170 137.137
cm OF TEMECULA
SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE
STATE TRANSPORTATION FUND
2004-05 MIDYEAR PROJECTION
2003-04 2004-05 2004-05 2004-05 Proposed %
Audited Current Year-to-Date Revised Increase Increase
Actuals Budget Actuals Budget (Decrease) (Decrease)
Total Revenues 1,160 32 32 (1,160)
Total Expenditures
Excess of Revenues Over (Under)
Expenditures 1,160 32 (1,160)
OperaUng Transfers Out':
CIP Fund 20,435 92,929 72.494 73,654 (19,275)
Excess of Revenues Over (Under)
Expenditures and Operating
Transfers Out (19,275) (92,929) (72,494) (73,622) 18,115
Fund Balances, Beg. of Year 92,897 73,622 73,622 73,622
Fund Balances, End of Year 73,622 (19,307) t,128
0211512005 11 :31 AM
GAS TAX FUND
REVENUE DETAIL
FY 2004-05 MIDYEAR BUDGET
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 100 GAS TAX FUND ACTUALS YTD I@ 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4065 -Investment Interest 1,233 1.171 3,000 3,000
4700 -Gas Tax 2106 325.045 142,741 318,890 318,890
4701 -Gas Tax 2105 466,503 203,152 465,430 465,430
4702 -Gas Tax 2107 621,852 272,068 600,680 600.680
704 -Gas Tax 2107.5 7,500 7,500 7,500
TOTAL GAS TAX FUND 1,422,133 619,132 1 395.500 1,395,500
STATE TRANSPORTATION FUND
REVENUE DETAIL
FY 2004-05 MIDYEAR BUDGET
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 101 ST. TRANSPORTATION FUND ACTUALS YTD r,;, 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4065 -Investment Interest 1,160 261
4160 -Traffic Congestion Relief
TOTAL S1. TRANSPORT. FUND 1160 261
R.U~;'" v..,,;\?nn..lJl<;\n..l_(,\<; m;"'_'" ...,,,, "",..."..1 02115/2005
2004-05
INTERNAL SERVICE FUNDS
MID-YEAR BUDGET
CITY OF TEMECULA
SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND EQUITY
INTERNAL SERVICE FUNDS
2004-05 MIDYEAR PROJECTION
2003-04 2004-05 2004-05 2004-05 Proposed %
Audited Current Year~tQ-Date Revised Increase Increase
Actuals Budqet Actuals Budqet (Decrease) (Decrease)
Total Revenues 3,492,135 3,993,900 2,001,798 3,993,900
Total Expenditures by Fund:
Insurance 640,804 675,300 413,839 675,300
Vehicles 279,614 291,900 149,510 311,700 19,800 7.1%
Informabon Systems 1,755,984 1,931,031 911,349 1,950,431 t9,400 1.1%
Support Services 281,784 297,771 141,767 297,771
Facilities 523,221 648,187 293,287 648,187
Total Expenditures 3,481,407 3,844,189 1,909,751 3,883,389 39 ,200 1.1%
Excess of Revenues Over (Under)
Expenditures 10,728 149,711 92,046 110,511 (39,200)
Operating Transfers In (Out):
General Fund (Vehicles) 72,266
Excess of Revenues and Operabng
Transfers Over (Under) Expenditures 82,994 149,711 92,046 110,511 (39,200)
Retained Earnings, Beg. of Year 3,874,855 3,957,849 3,957,849 3,957,849
Retained Earnings, End of Year 3,957,849 4,107,560 4,049,895 4,068,360
02/15/2oo511<'11AM
INTERNAL SERVICE FUNDS
REVENUE DETAIL
FY 2004-05 MIDYEAR BUDGET
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 300 INSURANCE FUND ACTUALS YTD 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4062 -Recovery of Prior Year Expense 1,327
4065 -Investment Interest 19,892 14.195 24,000 24,000
4076 -Charges for Services 564,070 407,605 722,800 722.800
4086 -Special Event Insurance Fees 1,949 850
4095 -Claims Recovery
TOTAL INSURANCE FUND 587,238 422.650 746,800 746,800
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 310 VEHICLES FUND AClUALS YTD 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4065 -Investment Interest 2,366 1,181 5,000 5,000
4076 -Charges for Services 333,172 178,564 343,400 343,400
4090 -Operating Transfers In
4550 -Gain on Disposal of Assets 5,490
TOTAL VEHICLES FUND 341,028 179 745 348 400 348,400
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 320 INFO SYSTEMS FUND ACTUALS YTD lal12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4050 .Pay Telephone Revenue 147 89
4062 -Recovery of Prior Year Expense 824
4065 -Investment Interest 9,223 7,263 10,000 10.000
4076 -Charges for Services 1,748,607 905,644 1,943.700 1.943,700
4090 -Operating Transfers In
4550 -Gain on Disposal of Assets
TOTAL INFO SYSTEMS FUND 1,758.801 912996 1 953 700 1,953,700
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 330 SUPPORT SERVICES FUND ACTUALS YTD 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4062 .Recovery of Prior Year Expense 69
4065 -Investment Interest 2,828 2,062 4,000 4,000
4076 -Charges for Services 278,952 140,137 298,600 298,600
4550 -Gain on Disposal of Assets 22.188
TOTAL SUPPORT SERVICES FUND 281 849 164 387 302,600 302.600
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 340 FACILITIES FUND ACTUAlS YTD 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4065 -Investment Interest 666 1,093 1,200 1,200
4076 -Charges for Services 522,553 320,927 641 ,200 641,200
4090 -Operating Transfers In 72,266
4990 -Indoor Rentals
TOTAL FACILITIES FUND 595,485 322,020 642,400 642,400
2004-05 CDBG FUND
MID-YEAR BUDGET
cm OF TEMECULA
SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE
CDBG FUND
2004-05 MIDYEAR PROJECTION
2003-04 2004-05 2004-05 2004-05 Proposed %
Audited Current Year-to-Date Revised Increase Increase
Actual Budget Actuals Budget (Decrease) (Decrease)
91,305 1,698,930 13,914 1,698,930
58,044 58,000 13,914 58,000
33,261 1,640,930 1,640,930
33,261 1,640,930 1,640,930
Total Revenues
Total Expenditures
Excess of Revenues Over (Under)
Expenditures
Operating Transfers Out':
CIP Fund
Excess of Revenues Over (Under)
Expenditures and Operating
Transfers Out
Fund Balances, Beg. of Year
Fund Balances, End of Year
02/15/7005 11"::11 AM
COMMUNITY DEVELOPMENT BLOCK GRANT
REVENUE DETAIL
FY 2004-05 MIDYEAR BUDGET
ACCl FY 03.04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 140 CDBG FUND ACTUALS YTD I@ 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4081 .Community Development Block Grant 91,305 13,914 1,698,930 1,698,930
4090 .Operating Transfers In
TOTAL LAW ENFORCEMENT FUND 91,305 13,914 1,698 930 1,698,930
2004-05 LAW ENFORCEMENT
FUND
MID-YEAR BUDGET
CITY OF TEMECULA
SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE
LAW ENFORCEMENT FUND
2004-05 MIDYEAR PROJECTION
2003-04
Audited
Actual
Total Revenues
111,723
Total Expenditures
Excess of Revenues Over (Under)
Expenditures
111,723
Operating Transfers Out':
crp Fund
111,723
Excess of Revenues Over (Under)
Expenditures and Operating
Transfers Out
Fund Balances, Beg. of Year
Fund Balances, End of Year
2004-05
Current
Budget
101,000
101,000
101,000
2004-05
Year-to-Date
Actuals
2004-05
Revised
Budqet
114,110
114,100
Proposed
Increase
(Decrease)
13,100
114,110
114,100
13,100
113,790
114,100
13,100
%
Increase
(Decrease)
LAW ENFORCEMENT GRANTS
REVENUE DETAIL
FY 2004.05 MIDYEAR BUDGET
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 160 LAW ENFORCEMENT FUND ACTUALS YTD {@ 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4065 -Investment Interest 320 1,000 400 (500) -60.0%
4085 -AB3229 (COPS) 111,723 113,790 100,000 113,700 13,700 13.7%
TOTAL LAW ENFORCEMENT FUND 111,723 114,110 101,000 114,100 13,100 13.0%
R'\Mid v..,.r\'on.1-Cl<;\t\,Ln" mlfl_,,~ .,,,, h".-!"....
ITEM 5
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Council
FROM:
Grant Yates, Assistant to the City Manager
DATE:
February 22, 2005
SUBJECT:
Memorandum of Understanding (MOU) for Riverside County Gang Task Force
Program
PREPARED BY:
Ashley Jones, Management Assistant
RECOMMENDATION: That the City Council approve the Memorandum of Understanding (MOU)
between the City of Temecula and the County of Riverside in support of a Riverside County Gang Task
Force Program.
BACKGROUND: Several months ago, Riverside County Assistant District Attomey, Rod
Pacheco, came before the City Council to present the concept of a Riverside County Gang Task Force
Program. This program is now moving forward and the County would like to enter into a MOU with each
City in Southwest Riverside County to fund a Senior Deputy District Attomey position as a Countywide
Gang Coordinator.
The Countywide Gang Coordinator will work with the Temecula Police Department, as well as other
participating agencies, to review cases and assist with the prosecution of gang crimes. The Countywide
Gang Coordinator will identify all current resources available on the local, state, and federal levels,
collaborate with law enforcement to identify gangs and their activities in the City of T emecula, disseminate
information to all parties, coordinate the prevention, intervention, and suppression efforts in order to
reduce the number and the seriousness, of gang crimes.
As part of this two year MOU, the County will fund 50% of the cost of a Senior Deputy District Attorney and
the remaining 50% will be divided between the participating jurisdictions based on population. As such,
the County is requesting $9,346 from the City of Temecula for FY05-06 and $9,577 for FY06-07.
FISCAL IMPACT: At this time, there is no fiscal impact associated with approving this MOU. The
funding associated with this program will be requested as part of the FY05-06 budget.
Attachment:
Riverside County Gang Task Force Program Memorandum of Understanding (MOU)
PROJECT SAFE NEIGHBORHOODS
RNERSIDE COUNTY GANG TASK FORCE PROGRAM
MEMORANDUM OF UNDERSTANDING
BETWEEN RIVERSIDE COUNTY
AND THE CITY OF TEMECULA
I. TERM
Effective Dates. This Memorandum of Understanding (MOU) shall be
effective from the first day of the month following Board approval and for the
following 24 months.
Renewal. This MOU shall automatically be renewed for an additional one-
year period upon written acceptance by both parties received 60 days prior to the two-
year anniversary of this agreement.
Termination. If the City of Temecula desires to terminate this Agreement
at the end of two years, the City Council shall notify the District Attorney and the
Riverside County Board of Supervisors of its intention to do so, not later than 60 days
before the end of the term of this Agreement.
II. PURPOSE
The following MOU is entered into between Riverside County and the City of
Temecula for the primary purpose of creating and providing proportionate funding of
a Senior Deputy District Attorney position as a Countywide Gang Coordinator.
The intent of this MOU is to establish and identify the responsibilities of the
gang coordinator position, the responsibility of the City of Temecula, the
responsibility of the City of Temecula's law enforcement agency, and the financial
agreements between the entities. This MOU will allow for a full time deputy district
attorney to work with the law enforcement agency to review cases and help in the
prosecution of gang crimes.
III. SCOPE OF THE PROBLEM
Criminal street gang members commit violent and serious crimes, such as the
sale of narcotics, shootings, armed robberies, and murder. In response to escalating
gang activity, the District Attorney established the Gang Prosecution Unit in 1989.
This unit, with the help of law enforcement agencies throughout the county, identifies
active and violent gang members and then vertically prosecutes them.
Gang activity in Riverside County continues to increase because of the heavy
migration of gang members from Los Angeles, San Bernardino, and Orange counties.
Increase in gang violence in those counties quickly spills over into our county. Law
enforcement in the county has identified 233 separate criminal street gangs, with a
total of 7952 individual members. Some gangs have fewer than 100 members; some
gangs have more than 500 active members. Beyond these numbers, friends and
associates commonly assist the gangs in committing serious and violent crimes.
In 2003, the homicide rates in California jumped II % and other violent crime
is on the rise. Prominent law enforcement leaders, such as Los Angeles Police Chief
Bratton, attribute this dramatic increase to gangs.
Our county has taken many diverse steps to attack the gang problem. It has
spent millions of dollars on prevention, intervention, and suppression. However, there
has been little collaboration and coordination of effort and financial resources among
County communities in this process, and duplication is the norm rather than the
exception.
Gangs negatively impact the economic, social, and public safety of our
communities. We can begin to solve the problems created by gangs in our county
through coordination with the District Attorney's office and law enforcement
agencies in each participating city.
IV. STAFFING
A Senior Deputy District Attorney who has experience in the District
Attorney's Office will fill the position of Countywide Gang Coordinator.
V. DUTIES
The Countywide Gang Coordinator will identify all current resources
available on the local, state, and federal levels, collaborate with law enforcement to
identify the gangs and their activities in the City of Temecula, disseminate
information to all parties, and coordinate the prevention, intervention, and
suppression efforts in order to reduce the number, and the seriousness, of gang
cnmes.
This comprehensive, unified approach would target one area at a time - with
all the resources focused on the three approaches (prevention, intervention, and
suppression) over a period oftime. Once the gang activity in that area is abated, those
resources would then be focused on other impacted areas of the county.
VI. AGENCY RESPONSIBILITIES
The District Attorney's Office shall have the following responsibilities:
a. Provide office space, office equipment (including computers), clerical
assistance, and other office support staff and office supply as needed.
b. Provide supervision of the Gang Coordinator and other matters incident to
the performance of service and the control of the deputy.
c. Mentor and coach the deputy in hislher responsibility; oversee the
progress of the work; regularly evaluate performance; oversee reporting
and statistics.
2
d. Collaborate with the Youth Accountability Team (YAT) in working with
at-risk youth.
e. Report annually to the Board of Supervisors on the success of Project Safe
Neighborhood.
The partnering law enforcement agency shall have the following
responsibilities:
1. Collaborate with the Gang Coordinator in identifying gangs and gang
activity.
2. Review cases and participate in the investigation and prosecution of gang
crimes.
VII. FINANCIAL PROVISIONS
The annual estimated cost of Project Safe Neighborhood will be the cost
of a Deputy District Attorney IV at step 12 and other operational costs:
1st Year
2nd Year
The County's share (50%):
$158,108
$ 12,910
$ 16.450
$187,468
$ 93,734
$174,118
o
18,000
$192,118
Salary and benefits
One-time start-up costs
Ongoing costs
Total cost
$ 96,059
The City of Temecula's
Share (based on population):
$ 9,346
$ 9,577
Pavment of costs: The County of Riverside will invoice the City of
Temecula annually for the actual cost of this program.
VIII. ADMINISTRATION OF TERMS
The Mayor of the City of Temecula shall administer this Agreement on behalf
of the City; and the District Attorney shall administer this Agreement on behalf of
the County.
IX. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by
written or verbal understanding of the parties, their officers, agents, or employees,
shall be valid unless made in the form of a written amendment to this Agreement
which is formally approved and executed by both parties.
3
X. NOTICES
Any notices required or desired to be served by either party upon the other
shall be addressed to the respective parties as set forth below:
Countv
City
Grover Trask, District Attorney
4075 Main Street
Riverside, CA 92501
City of Temecula
43200 Business Park Drive
Temecula, CA 92589
COUNTY OF RIVERSIDE
Dated:
By:
Grover Trask, District Attorney
CITY OF TEMECULA
Dated:
By:
Name & Title
ATTEST:
Dated:
Name & Title
4
ITEM 6
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE - ~
CITY MANAGER /(A) I
fY
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Shawn Nelson, City Manager
DATE: February 22, 2005
SUBJECT: Pledge for Law Enforcement Appreciation Committee (LEAC)-At the Request of
Mayor Comerchero
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council authorize $1,000 to the Law Enforcement
Appreciation Committee (LEAC) for recognition of outstanding law enforcement officers in
Western Riverside County.
BACKGROUND: The Law Enforcement Appreciation Committee (LEAC) is a nonprofit
organization dedicated to honoring law enforcement officers each year at an annual dinner and
awards ceremony. Their committee is comprised of law enforcement officers from agencies
throughout the County, public officials, business people, and community representatives.
LEAC's goal is to bring communities of Western Riverside County together to honor the
dedication and devotion of their officers and to also pay tribute to fallen officers.
Since 1978, the Law Enforcement Appreciation Committee (LEAC) has had the honor of hosting
the Law Enforcement Appreciation Dinner, an event that brings the community together to
recognize public safety officers throughout Western Riverside County for their distinguished
police work and outstanding service.
The Law Enforcement Appreciation Dinner will take place on Thursday, May 19, 2005. The
basis and categories for this recognition program includes: valor, investigative excellence,
excellence in community service, and lifetime achievement.
Sponsorships are a critical component of the annual event for community support as well as
raising funds for scholarships which the committee provides to individuals entering the
academy.
Mayor Comerchero is recommending a $1,000 donation toward this organization.
FISCAL IMPACT: Appropriate funds are available in the Community Services Funding line
item in the amount of $1,000.
R:\AOAMSA\CQUNCIL\LEAC Pledge Staff report.doc
ITEM 7
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jim O'Grady, Assistant City Manager
DATE: February 22,2005
SUBJECT: Approve Sponsorship Request for the 2005 Temecula Valley International Film
and Music Festival
PREPARED BY: Gloria Wolnick, Marketing Coordinator
RECOMMENDATION: That the City Council:
1) Approve the funding request in the amount of $30,000 for the Temecula Valley
International Film and Music Festival.
2) Approve the sponsorship agreement for the Temecula Valley International Film and
Music Festival and authorize the Mayor to execute the agreement.
BACKGROUND:
Staff has received the sponsorship request for the Temecula Valley International Film & Music
Festival. The City of Temecula has previously sponsored this event. Since the event will be
held in September it is now appropriate to bring it forward for Council consideration so that
marketing and planning can proceed.
The City of Temecula hosts a wide array of special events year-round all adding to its rich
quality of life. Residents and visitors look forward to attending these popular events each year
and the events help make Temecula the unique community that it is. The event increases
tourism revenue for the City's restaurants, hotels, shopping centers and wineries.
Due to the fact that this special event promotes tourism in Temecula, the funding would come
from the Economic Development Department budget within the City's General Fund. There will
be no commissions, consultant fees and/or salaries paid to any party from the City of
Temecula's sponsorship.
Temecula Vallev International Film and Music Festival
Staff has received a request to sponsor the Temecula Valley International Film & Music Festival
in the amount of $30,000. The Economic Development Subcommittee, consisting of Mayor Jeff
Comerchero and Mayor Pro Tem Ron Roberts, met and recommended an allocation of $30,000
for the event. This is consistent with the funds that have been budgeted in the City's FY 2004-
05 Operating Budget for the Festival.
IISan3\city managerlWolnickg\Agendareports\2005 TV Film & Music Festival Report.doc 1
This year the event will be held September 14 - 18, 2005, at the Movie Experience 10-plex at
Tower Plaza in Temecula. The Festival's Awards Gala Night will be held on Saturday,
September 17th at Pechanga Resort & Casino. Festival Awareness campaigns such as the
Temecula Valley International Film Festival Community Sneak Previews at Miramonte Winery
will further enhance with the Festival's Film/Music Education Series Initiatives with two
programs that will involve the youth/area high school and college students. The Film Festival
will be presented once again by Cinema Entertainment Alliance.
The 2005 Festival marks the 11th annual Film Festival presentation and the fourth edition of the
music competition component of the Festival. The best up and coming creative talents in film
and music from all over the world will compete for recognition and prizes.
Publicity for the 2005 event will be similar to the 2004 event which includes a direct mail
campaign to film industry professionals, a public relations campaign to major industry trade
publications, and tour and travel publications. The local newspapers and publications, radio and
cable will be the Festival's primary target outlets for event coverage.
Local newspapers and a media mix of broadcast, print and outdoor advertising will be
scheduled two months before the Festival. Cross promotions with Festival sponsors and
advertisers will be utilized. On screen advertising in theaters, posters, free standing inserts or
brochures and ticket giveaways are a few of the promotions planned to advertise the Festival.
Sampling of 2004 Festival Publicity and Highlights
The 2004 Festival attendance was approximately 10,000, up from 8,000 the year before. 2004
also saw the first time participation of corporate and prestigious entities such as the Toronto
International Film Festival Group, Callaway Coastal, Anheuser Busch, The Garrett Group,
NewMark Merrill, San Diego State University and the Australian Film, Television and Radio
School.
Media coverage and media hits from print and the Internet were very extensive and ranged from
local, regional, national and international coverage. The Californian had a pull-out section
dedicated to the Festival for the first time. Dow Jones and other money market watch sites
picked up the Festival release. Media coverage on internet sites included: MSNBC, Los
Angeles Magazine, BET Radio News, Daily Variety, Beverly Hills Beverly Press, Los Angeles
Entertainment Today and Celebrityvibe.com.
The 2004 Festival publicity included flyers, posters, Internet, press releases, radio, print media
and cable television. Entertainment industry press and local, national and international media
covered the Festival. A sampling of print media included: North County Times, San Diego
Union Tribune, Los Angeles Times, The Press Enterprise, The Californian, Valley Business
Journal, Neighbors Magazine, and Entertainment Roundup. Radio coverage included live
remotes, interviews, and mentions by: KATY, KMET, FROGGY, KOLA, KOGO (San Diego) and
KGB (San Diego) as well as other stations.
The Festival received 575 film submissions, 105 of which were selected and screened before an
audience of locals and visitors from all over. The Music Competition selected 15 artists and
bands from a field of over 150. Celebrity honorees, presenters and guests were the biggest and
most impressive ever. Over 300 filmmakers, musicians, producers, directors, writers, judges,
casts and crews from as far as Australia and as close as our neighbor communities of Murrieta,
Fallbrook and San Diego were on hand to participate in the festivities.
\\San3\city manager\Wolnickg\Agendareports\2005 TV Film & Music Festival Report.doc2
A sampling of Awards Gala honorees and special film/music industry guests in attendance
included: Louis Gossett Jr., Lou Rawls, Isaac Hayes, Trevor Rabin, Stephanie Powers, Adrian
Paul and International Hollywood Entertainment Correspondent/Author, Nelson Aspen.
A World Artisan Market Place offered ceramic, jewelry, wood, glass and painted art by
distinguished artists from throughout the Southern California area. Additionally, artisans sold
artistic decor items from Morocco, Africa, Southeast Asia, and Mexico.
The Film Festival provides many economic benefits to the community, but mainly the Festival's
effectiveness is measured by the filmmakers and musicians who attend the event. With last
year's 10th anniversary celebration, the Festival received worldwide recognition in terms of
geographical awareness, dedication to facilitating independent film & music arts and increased
visibility within the Hollywood community as a viable filming destination for the filmmaker's
films, commercials and television projects as well as now, a forum for recording industry
talents. The event drew heavy-hitting industry professionals, alliances and associates from all
over the world whose credibility and reputation bring value to the City of Temecula. Hotel stays
by Festival participants averaged three nights. In addition, there is an increase in revenue for
the city's restaurants and shopping centers while the Film and Music festival takes place.
There will be no commissions, consultant fees and/or salaries paid to any party from the City of
Temecula's sponsorship.
FISCAL IMPACT:
Adequate funds for the Temecula Valley International Film & Music Festival have been included
in the FY 2004-05 Operating Budget (Economic Development line item, account #001-111-999-
5266) for the recommended sponsorship amount of $30,000.
ATTACHMENT (S):
I. Temecula International Film & Music Festival
Attachment A - Sponsorship Benefits
Attachment B- 2005 Event & Media Promotions
Attachment C - 2005 Budget
Attachment D - 2004 Financial Audit
Attachment E - 2004 Temecula Valley Film & Music
Festival Recap
Attachment F - Advertising Agreement
\\San3\city manager\WolnickglAgendareports\2005 TV Film & Music Festival Report.doc3
I. TEMECULA INTERNATIONAL FILM & MUSIC FESTIVAL
Attachment I A
Sponsorship Benefits
\\San3\city manager\Wolnickg\Agendareports\2005 TV Film & Music Festival Report.doc4
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CITY OF TEMECULA SPONSORSHIP BENEFITS
. Recognition of City of T emecula's sponsorship in all festival collateral materials
. Recognition of City of T emecula's Sponsorship in all applicable Broadcast and Print Media
advertising, festival flyers, brochures, signage and press releases.
. Acknowledgment of City ofT emecula's sponsorship prior to and after every film screening, live
music performances and workshops/panel discussions.
. Full page, black & white Inside cover page Advertisement in the festival program.
. 10 complimentary tickets to Opening Night Premiere and Reception, Black Tie Awards Gala,
Festival workshops/panel discussions, closing Day Festivities and to all pre-festival awareness
and fundraising functions.
. 50 regular live music performance tickets for giveaway to city employees.
. 50 regular screening tickets for giveaway to city employees
. Festival Souvenirs
. Access to VIP Hospitality Suite
. Acknowledgment of City ifTemecula representatives at Opening Night Black Tie Awards Gala
and Closing Day Festivities.
. Insertion of City logo in the Festival website and the program sponsors' logo page,
. Opportunity for City ofTemecula to incorporate Festival logo in any City ofTemecula
Marketing campaign materials.
. Opportunity for City ofTemecula to enhance community relations by involving City of
T emecula officials and employees in different aspects of the festival (from festival
Presenters to hostsfhostesses in all prime festival special events).
As Host City, the City will always be acknowledged as a cooperative entity in the event titling
regardless of who, if any, the eventual Presenting or Title sponsor will be.
The Festival will secure from a good and responsible company or companies, pay for and maintain
in full force and effect for the duration of the event a policy of comprehensive general liability and
liquor liability in which the City ofTemecula is named insured or as an additional insured covering
all claims arising out of, or in connection with the 2005 T emecula valley International Film & Music
Festival. Coverage will provide the following minimum limits:
General Liability - $1,000,000 combined single limit per occurrence for bodily injury, personal injury
and property damage.
Liquor liability - $1,000,000 combined single limit per occurrence for bodily injury, personal injury
and property damage.
Attachment I B
2005 Event & Media Promotions
\\San3\city manager\Wolnickg\Agendareports\2005 TV Film & Music Festival Report.doc5
~-
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Whafs on Tap for 2005?
~ecial Film Presentations bY:
Orange County School of the Arts' Young Filmmakers Series
The American Film Institute (AFI). USC School of Cinema & Television
Independent Feature Project (IFP)
Australia. Brazil
Canada (Toronto IFF) . India
Italy (Rome IFF) . Singapore
Pendina:
Japan - Holland. Sundance Film Institute Series
2005 Award Honorees
Christopher Walken I Jeff Bridges, Actors
Goldie Hawn I Sissy Spacek I Angelica Huston, Actresses
James Taylor I Carole King, Music Artists
Stevie Wonder I Natalie Cole, Music Artists
Wes Craven, Director
Sherry Lansing I Joel Silver, Studio Head/Producer
John Mason (Kodak), Educator
Screenwriter, TBD
Under Consideration:
Roger Ebert, Film Critic
Confirmed Jurv Members. to date:
Pierre La Forette, France (Producer)
Thierry Wong, France (Producer)
Festival Overview for 2005
The 2005 Temecula Valley International Film & Music Festival will be presented once
again by the Cinema Entertainment Alliance, a non-profit arts, cultural and education
organization dedicated to showcase international non- mainstream, independent film and
music artists.
Respected for its true grassroots efforts, warm hospitality, diverse audience, high caliber
production values and artistic integrity, the Festival will continue to:
. Showcase emerging new artists and honor significant artists who have shaped
the art forms of film and music.
. Screen and feature a robust selection of films and music of all genres. Plans are
to present approximately 100 films and 10 top music artists from the US and the
world, and reach an audience of over 12,000 film and music lovers, filmmakers,
musicians and media professionals with media impressions of over 15 million.
Programming will include industry seminars and panels, awards, tributes,
retrospectives and special film showcases.
. Finalize negotiations with India, Brazil and Singapore for a series of Shorts and
Full Length Features' showcases in 2005.
. Solidify the Cinema and Music Camp Project for the Youth with the Academy of
Converging Arts and local Temecula arts/civic groups and area high schools.
. Secure firm commitments with the following:
o Christopher Walken / Robin Williams- Career Achievement, Actor
o Goldie Hawn /Sissy Spacek - Career Achievement, Actress
o James Taylor / Carole King, Career Achievement, Music Artists
o Stevie Wonder / Natalie Cole, Career Achievement, Music Artists
o ProducerlWriter/Director - TBD
Fundraising and Sponsorship Campaign Strategies for 2005
will include the hiring of a professional sponsorship development company and make
use of the festival's emerging reputation as Southwest Riverside County's most
accessible and highly publicized film & music event boasting of local, regional and
international audience; alliances with prestigious film and music industry entities and
participation of high profile film and music industry personalities.
festival Dates:
Opening Night. Wednesday, Sept. 14, 2005
Awards Gala Night, Saturday, Sept. 17,2005
Closing Night, Sunday, Sept. 18,2005
Festival Venues, to date:
The Movie Experience at Tower Plaza
Pechanga Resort & Casino (Awards Gala)
Miramonte Winery, Community Sneak Previews
~-
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2005 Festival Schedule of Events
Opening Night Festivities
Wednesday, Sept. 14. Movie Experience at Tower Plaza
An All-Star Mini Parade, A Movie Premiere, A Music Performance and a Post Screening Party will
usher in the 2005 event.
General Screenings
Thursday, Sept. 15. Sunday, Sepl.18, Movie Experience at Tower Plaza, 11AM-11pm
Four (4) days of screening contemporary feature length films, short films, student films,
documentaries and animation. Also on tap will be special presentations from Canada, Singapore,
Brazil, Australia, India, Italy, The American Film Institute, Independent Feature Project, the
Rome Independent Film Festival and the Orange Co. High School for the Arts' Young
Filmmakers' Showcase.
The Saturday All Star MusicFest
Saturday, Sept. 17, Venue, TBD
An all day showcase of the top music artists of the 2005 TVIFMF
Up and coming, unsigned Music Artists representing all genres of music are showcased before an
intemational audience of music industry professionals and music loving fans.
The Black Tie Awards Gala
Saturday, Sept. 17,2005 at Pechanga Resort & Casino
Lifetime and Career Achievement Awards are presented to film and music artists who have
achieved and made significant contributions to the film and music industry. 2005 recipients, TBA.
Master Classes, Workshops and Panels
Film and Music producers, directors, wrKers share their knowledge and expertise with festival
attendees on various subjects such as Writing, Directing, Producing, Marketing and Distribution
Closing Day Festivities
- Sunday~Sept. 18, Movie Experience at Tower Plaza
Special Screenings of 'Best of the Fesf selections.
Jury and Audience Choice Awards are announced at the Festival's Wrap Party.
Special Receptions during the 5-day event at various Temecula locations, TBA
2005 MARKETING.PROMOTIONS AND PUBLIC RELATIONS STRATEGY PLANS
The following feature points include areas of concentration for the 2005 Temecula Valley International Film & Music Festival:
NEW FOR 2005
Overview
The 11fu annual Temecula Valley Intemational Film & Music Festival will be taking on an escalated direction for Marketing, Promotions
and Public Relations Strategy plans based on the heightened visibility brought on by the 1 Qfu anniversary celebration. In order to keep
up the momentum of growth and upward spiraling level of participation from the Hollywood community, the direction to be taken must
be an aggressive one to maintain the integrity and credibility of our event locally, regionally, nationally and worldwide. Here is a
breakdown of the areas of concentration:
MARKETING & CROSS.PROMOTIONAL ALLIANCES & STRATEGIES
. Advertising in Entertainment/Hollywood Industry Trades
While local media support has been generous, due to the physical geographical location of where Temecula is, a
number of the Los AngeleslHollywood based industry trades for entertainment, music and film, in addition to New York
City metro - the hub of where most glossy magazines and trades originate, do not offer as much media support. While
the public relations efforts have been far- reaching and vast, based on today's corporate merger, acquisition
composition of 'group media ownerships' for most publications, the practice of providing editorial coverage walks hand-
in-hand with paid-for advertising placed. Display ads placed in Entertainment Trade Media encourage additional
avenues of editorial support that cannot be acquired by public relations alone, due to 'prioritized coverage' placement
and space allotments. It is part of the 2005 plan, to be aggressive in this area with the brand new visual image/graphic
artwork and website functions that were enhanced in 2004 for the 10th anniversary in order to familiarize the industry
with Temecula Valley International Film & Music Festival's brand new look and visual image identification. Part of the
marketing strategy includes the visibility of this new 'branding,' creating a more modern look and feel for the event itself
by this visuallD which can only be enhanced by display advertising.
. Film & Music Showcase pre-event event possibilities - Radio Station promotions, contests and remotes
Radio support: While local support is fine - regional support is where we can attract more attendees who are part of the
target demographic market for attendance at our event. This year we can attempt to create a regional alliance with Clear
Channel Broadcasting - the largest radio station conglomerate in North America if we position ourselves for an 'expanded
, cross - promotional package. Due to our growth and outward reach toward the Hollywood filmmaking and music industry
communities, something of great interest to Clear Channel Broadcasting, we have more to offer, based on what was
achieved last year in media coverage and additional International filmmaker market support. Last year, Toronto Film
Festival Group and the Australian Film Showcase, along with IFP (Independent Feature Project), brought something NEW
to the festival for the very first time. In the music component - we offered a first-ever compilation CD. This is now exciting
for other media entities to be part of seeing as they are not 'taking risks' for a first-time effort. The festival can capitalize on
this growth, further encouraging a broader radio support system based on what new elements took us to a new level.
. Indie Film & Music Industry trade links
We are fortunate to have a very unique niche' - we are one of a few successful independent film & music festival in the
State of California and have a decade of existence behind us. The Indie markets - which are usually fly-by-night have
taken notice and the die-hard industry trades for both sectors now support us, after we broke ground from our 9th year to
present day - bringing new credibility with our sister festival, Rome Independent Film Festival. This huge
accomplishment put us on a higher rank with the industry trades. We have not attempted to penetrate this market
sector before with alliance support - but this year we have their attention for the first time on a new level, now that they
Media/Marketing Strategy Plans, page 2
know who we are. It's taken two years of consistent strategy to build this in terms of public relations - but we have
arrived on a new playing field. This year, we have an opportunity to take hold of this encouraging position and develop a
relationship with these trades to participate with us at our event.
. Educational Partners and Target Market Sectors
Scholarships. Regional occupational programs for work experience. Developing alliances with local & regional area
schools of the arts, film & music departments of general institutions. We have great opportunity to broaden our
outreach this year in these areas because of our consistently-growing student films category and the Musicfest
component which caters to the demographic of our attendance. But this takes deep focus, aggressive correspondence
with cutting-edge materials and other creative promotions to entice participation from this target market sector. This
year it is imperative to expand upon what we already have in place based on last year's larger volume of student
submissions and the entry support we received in the film showcases from independent student filmmakers. In 2005
we plan to create a special recruiting event to develop a benchmark 'festival within the festival' for student participants
to draw attendance, academic support and further fuel our applicant process for scholarships and larger corporate
sponsors who cater to this key area of the marketplace.
. Media Day & Hollywood Film/Music Industry Hospitality Night
In years past - a Media Day was created to give local media a sneak peek at what the festival has on tap and to pique
editorial interest early on prior to the festival. This year will be no different - however it is proposed that for the first-time
ever, the Media Day be a larger event in order to accommodate the celebrity support we have for presenters, honorees
and performers. Last year, with participants like Lou Rawls, Louis Gossett, Jr., Isaac Hayes, Stefanie Powers, Natasha
Henstridge, Trevor Rabin, Adrian Paul and many others - we had a number of managers, publicists, agents and other
celebrity contacts who participated in the name of their client. We feel it is vital for these people to meet prior to the
Gala Night - be introduced to local and regional media so we have an easier time connecting 'the powers that be' with
media for enhanced media coverage. In addition - it broadens our pre-event press, enhances the relationships with
participants for expanded participation and increases enthusiasm. It's also a nice way for us to say 'thank you' - for
without these names, we couldn't continue attracting new markets of attendees and unique film & music alliances.
STANDARD PRACTICES
Continuing for 2005 will be the very large and time/labor intensive work scope for marketing and public relations as we have
the past two years to get the festival to this new plateau. Local, regional, national and international (global) efforts will be
made via:
. Print (dailies, weeklies, monthlies, newspaper trades, magazines, insertions, calendar mentions, niche'media
editorial for film, music, entertainment, education, tourism, etc. with tie-ins to sponsors for products/services, such
as the wine industry, hospitality industry, casinos and government for city recognition) and association and
educational newsletters and union.
. Radio broadcast -local, regional and national satellite where applicable
. Television/Cable -local, regional and national satellite where applicable
. Internet - via industry websites for film, music and events, general metro media and trade markets as well as film
festivals respectively.
. Syndication Wires - In addition, fee-based wire services will be utilized
In summary
With the plan on expanding the budget for increased wire submissions in order to support all the 2005 strategies
mentioned on the previous page, as well as U.S. mail & Federal Express for the distribution of sponsorship packets,
press releases, celebrity correspondence and information and mass-media outlets for credentials and parking passes
which will need to be sent out ahead of time.
It is proposed that a budget increase be made to accommodate the expenses associated with the new 2005 strategies
which will be implemented in the areas of marketing, promotions, cross-promotions, sponsorship support and strategy
advertising media buying and public/media relations efforts in conjunction with the special event production for the pre-
festival events to facilitate growth for the 111tl annual Temecula Valley International Film & Music Festival.
Attachment I C
2005 Budget
\\San3\city manager\Wolnickg\Agendareports\2005 TV Film & Music Festival Report.doc6
2005 TVIFF BUDGET
EXPENSES
Festival Marketing
Printing
Graphics Design
Signage
Merchandise
Promo Trailer
Sponsorship Dev Collaterals
MusicFest CD Production and Replication
PR/Media Relations/Marketing (LA & Beyond)
Festival Program Writer/Editor
Publicity/Advertising
Festival Operations
Office Rent
Theater Rental
Video Projection Equipment Rental
Transportation
Limousines
AirFare
Cargo VanfTruck
Sound/Lighting Systems Rental
Party Equipment Rentals
Mailing/Shipping/Film Print Freight
Office Supplies/Computer/Copying Expenses
Accommodations
Security
Telephone
Website Hosting/Maintenance
Trophies/Plaques/Certificates
Insurance
Hospitality Suite
Craft Service For Hospitality Suite
Special Guests' Misc. Amenities
$ 6,000
$ 3,500
$ 2,000
$1,000
$ 2,500
$ 2,500
$ 2,500
$10,000
$5,000
$20,000
$3,000
$10,000
$3,000
$6,000
$6,000
$500
$5,000
$5,000
$5,000
$2,000
$2,000
$2,000
$4,000
$1,000
$1,000
$3,000
$1,000
$1,000
$2.000
Sub Total: $55,000
Sub Total: $59,500
2005 TVIFF Budget, page 2
Special Events
Opening Night $1,000.
Awards Gala Night $30,000.
Closing Wrap Party $1,000.
Media Day $1,000.
Talent/Performance Fees $5,000 Sub Total: 38,000
* Festival will make every effort to have these special events undenvritten
Festival Staff/Administrative Expenses
Festival Director $15,000
Film Programming Director $5,000
Awards Gala Producer $2,500
MusicFest Director $2,500
Technical Operations Director $2,500
Special Events Coordinator $2,500
Sponsorship Dev. & Benefits Fulfillment $3,500.
Box Office IScreenings Coord. $1,000
Film PrinVY raffic Coordination $1,000
Office Asst.Nolunteers Coord. $1,000
Scholarships $2,000
Sub Total: $38,500
. plus 15% commission for every cash sponsorship secured for the festival
Total Festival Expense Budget: $191,000
~.
Tl:..tvjI;,CULA
V" t... t... (;" y-
2005 TVIFF BUDGET
Projected Income
Sponsorships (cash)
General Admissions
(5 screenings, 6 screens, 4 days@$7, avg, 25 attendees)
Opening Night
(IOO paid Tix @$25)
Awards Gala
(250 paid tix @$95)
Entry Fees
(Film 1 Music: 300 paid@$25/100@$10-studententry)
All Day Film Pass
(40 paid tix, 4 days@ $15)
Festival Pass
(30 paid tix @$150)
Workshops Pass
(200 paid tix @ $15)
Merchandise
(T -shirts/Mugs/hats/Programs)
Total Projected Cash Sponsorships and Sales:
Less Event Expenses:
PROJECTED NET PROCEEDS:
'includes City sponsorship
$150,000'
$ 21,000
$2,500
$23, 750
$8,500
$2,400
$4,500
$3,000
$1,500
$217,150.00
$191,000.00
$26,150.00
Attachment I D
2004 Financial Audit
\\San3\city manager\Wolnickg\Agendareports\2005 TV Film & Music Festival Report.doc7
Temecula Valley International Film & Music Festival
Profit & Loss
January through December 2004
Accrual Basis
Ordinary Income/Expense
Income
Contributions Income
Enby Fees/Markelplacemcket Sales
Total Income
Expense
Advertising
Awards Talent Fee
Bank Service Charge
Contract Labor
Commissions
Festival & Operations
Total Contract Labor
Facilities - Rent
Caterer
Theaters
Office
Total Facilities - Rent
Graphics Design
Insurance
Liability Insurance
Total Insurance
Merchandise- T-Shirts
Printing & Reproduction
Security
Miscellaneous
Supplies
Office
Total Supplies
Telephone
Transportation - limousines
Webslte Hosting & Maintenance
Equipment Rental
Total Expense
Net Ordinary Income
Net Income
Jan - Dee 04
104,500.00
52,015.63
156,515.63
2,057.97
2, 000.00
54.50
490.00
69, 390.55
69, 880.55
15,479.41
10, 000.00
2, 250.00
27, 729.41
2, 190.00
1,638.00
1,638.00
525.00
5, 822.27
1,500.00
9, 733.41
10,201.95
10,201.95
3, 753.92
4, 758.50
750.00
13. 134.55
155. 730.03
785.60
785.60
Temecula Valley International Film & 'Music Festival Income/Expense Recap
YEAR 2004
INCOME
CASH SPONSORS
1. City of Temecula
2. Rancon
3. Paradise Chevrolet
4. The Outdoor Channel
5. Guidant Corporation
6. Harold Matzner
Sub Total:
$30,000.00
$12,000.00
$10,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 2,000.00
$ 1,500.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
~ 1,000.00
$74,500.00
$ 9,875.00
$ 1,750.00
$ 6,500.00
$ 1,450.00
~32,440.63
$52,015.63
~ 30,000.00
$ 30,000.00
7. Blockbuster Video
8. Target
9. Eve Craig
10. Barbara Hoffman Talent Agency
11. Law Offices of Rosenstein & Hitzeman
12. Murrieta Day Spa
Sub Total:
Film Entry Fees
Music Entry Fees
Workshop Ticket Sales
Marketplace
Ticket Sales
Friends of the Festival Contributions:
Sub Total
TOTAL CASH INCOME: $156,515.63
TRADE /IN-KIND CONTRIBUTIONS
VALUE
Press Enterprise
Wilson Creek Winery
Dreammakers
Neighbors Publications
KMET Radio
Entertainment Roundup
Pechanga Resort & Casino
Sammy's Woodfired Pizza
NewMark Merrill
TVG Group, Inc.
KATY Radio
The Californian
Pala Mesa Resort
Embassy Suites
The Garrett Group, LLC
Holiday Inn Express
Rancon Real Estate (in-Kind Portion of Sponsorship)
Paradise Chevrolet (in Kind Portion of Sponsorship)
Blockbuster Video (in-kind portion of Sponsorship)
Presto's
Omni Tech TV I Monty & Kimaya Seward
Power House Graphics
FedEx
Kinko's
The Valley Business Journal
SJM Industrial Radio
Ocatillo Pictures
California Pizza Kitchen
California Dreamin'
A Grape Escape Balloon Adventure
Chris Pinkney
Class Act Tuxedos & Bridal
Miramonte Winery/Celebration Cellars
Tony Wahington/Bonita Entertainment
Rent Time
Linkletter Self Storage
Valley Printing Service
Hampton Inn Suites
South Coast Resort Winery
Pilipino Enquirer
Sara Bean
Callaway Coastal
Anheuser Busch
$12,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$ 9,000.00
$ 7,500.00
$ 7,500.00
$ 7,500.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 3,500.00
$ 3,500.00
$ 3,500.00
$ 3,500.00
$ 2,500.00
$ 2,500.00
$ 2,500.00
$ 2,500.00
$ 2,500.00
$ 2,500.00
$ 2,500.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 700.00
$ 700.00
Wm Bruce Reid/Associated Const. Services
Lincoln King Cliby
Rosa's Cafe
Armstrong Garden Centers
Pat & Oscar's
Scarcella's
Pick Up Stix
Aloha J's
Krispy Creme
Mount Palomar Winery
De Luz Recording.com
Wonderland Garden
Orchard's Marketplace
Starbucks
Stater Bros.
Vons
Albertson's
Trader Joe's
Ralph's Supermarkets
Temecula valley Wine Co.
Pizza Factory
Hungry Howie's
TGIF Friday's
Red Robin
Burger King
McDonald's
Winchester Cheese Co.
Doody Breads
The Chocolate Florist
Macaroni Grill
TOTAL TRADE fiN-KIND VALUE
Combined Total Cash & Trade Iln Kind Income:
$156,515.63 + $ 172,500.00 = $ 329, 015.63
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 200.00
$ 200.00
$ 200.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
~ 100.00
$172,500.00
Temecula Valley International Film & Music Festival
YEAR 2004
EXPENSES
Event ManaaementlOperations
Jo Moulton
Steve Montal
TVG Group, Inc.
KNA Consultants
Strachota Insurance
Nat'l Business Inv.
Drake Frye
Sharon Goode
Matrix Visual Solutions
Lincoln King Cliby
Gabrielle Kelly
Brent Harvey
Duane Trammell
Sanborn Theaters
Rocky Gamad
Festival Director
Film Program Director
MusicFestlSpecial Events
Sponsorship/Marketing
Festival Insurance
Festival Security
Sponsorship/Commission
Marketplace/Commission
Video Projection Equipment
Website Maintenance
Workshops Coord. Fee
Talent Coord. Fee
Assoc. Programming Fee
Theater Rental
Sponsor Dev. Fee
$15,000.00
$ 4,500.00
$ 4,068.70
$ 5,000.00
$ 1,638.00
$ 1,500.00
$ 200.00
$ 290.00
$ 2,909.25
$ 750.00
$ 500.00
$ 500.00
$ 500.00
$10,000.00
$ 500.00
Sub Total: $47,855.95
Marketina / Advertisina / Promotional Expenses
Media Monster Comm.
Jo Moulton
Valley Printing
Powerhouse Graphics
Ocatillo Pictures
Ocatillo Pictures
Kristee's/Linda Jones
The Art Department
Temecula Trophy
Cindy Mattson
A-1 Sign Co.
Nat'l Cinema Network
Discmasters
Lightning Media
PRlMedia Relations
Writing fee for various collateral
Pieces and Festival Program
Printing of Collaterals & program
Graphics Design
DVD Promo Trailer
Narrator Fee (Michael Berger)
Festival Merchandise (T-Shirts)
Graphics Design
Winners' Plaques
Lanyards/Laminates/Plaques
Signage
Slides
MusicFest CD Replication
Marketing DVD Duplication
$10,500.00
$ 5,000.00
$ 4,430.59
$ 1,800.00
$ 1,500.00
$ 200.00
$ 525.00
$ 390.00
$ 628.83
$ 381.68
$ 282.84
$ 75.13
$ 1,191.68
$ 200.00
Sub Total: $ 27,105.75
OFFICE / MISCELLANEOUS EXPENSES
Tower Plaza Office rent $
Supplies/Shipping/FreightlPostage/Copying Expenses $
(Fed&, Kinko's Staples, Office Depot, US Postmaster, AS Mailing Services)
Miscellaneous Dues/Fees $
TVCC, Chamber dues ($180), Toronto Int'l Film Fest Group ($206),
City of Temecula ($444), Film Fest Int'l ($52.67, Franchise Tax Soard ($60)
Dept. of Justice ($25). Earthlink fee ($65.82)
Bank Charges
Box Office
Telephones
(951) 699-5514/ FAX (951) 699-5503/(952) 265-8130 /FAX (951) 506-4193
Utilities
Misc.Reimbursements
Annette Rosen ($1008.95), Carmen S. ($3,000) Bill M. ($50) Jennifer B ($153.42)
Steve Montal ($1,735), Pon Moulton ($21,586.85)
SPECIAL EVENTS
Dreammakers
Robbie Seabolt
Allie's Party Equipment
Starway Productions
Harry Elston
Affordable Limousines
RSVP Limousines
Uno Valet
Ron Jonason
Balloons Galore
Tom Langley
Laura Scheu
SJM Industrial Radio
oulton
Festival Director
Awards Gala Catering
Media Day Catering
Carpet, Chairs and Table Rentals
Sound and Lighting
Performance Fee
Limo Service for Awards Gala
Limo Service for Awards
Valet service
Photographer
Opening Night Decor
Wine/Awards Gala
Flowers/Awards Gala
Walkie-Talkie Rentals
Sub Total:
Sub Total:
$ 14,479.41
$ 1,000.00
$ 5,250.30
$ 4,759.00
$ 2,000.00
$ 2,587.50
$ 2,171.00
$ 285.00
$ 75.00
$ 140.75
$ 190.00
$ 300.00
$ 216.00
$ 33,453.96
2,250.00
10,201.95
1,033.49
$ 54.50
$ 2,020.00
$ 3,753.92
$
466.29
$ 27,534.22
$ 47,314.37
TOTAL EXPENSES: $155,730.03
NET INCOME (Loss) : $785.60
Jenn Henry
Creative Bookkeeping Serv
#330538241 (760)340-1738
74133 EI Paseo Ste K
Palm Desert CA 92260
Attachment I E
2004 Temecula Valley Film & Music Festival Recap
\\San3\city manager\Wolnickg\Agendareports\2005 TV Film & Music Festival Report.doc8
I~--~'c~-T~EMECULA ~/ .~
V ALL E y~
2004 International Film & Music Festival
The 10th Annual Temecula Valley International Film & Music Festival concluded on
an impressive high note and took significant strides with prestigious alliances which
raised the festival's outreach and image in the industry festival global circuit.
Attendance, ticket sales, film and music industry participation, media coverage and
media hits from print, broadcast and worldwide web perspective was the most
extensive and most positive ever, exceeding all expectations.
Putting together our 10th anniversary festival has been incredibly rewarding. Many
filmmakers and musicians, young and old, known and unknown who have
participated in previous years came back and joined us for this special anniversary.
The Festival received 575 film submissions, 105 of which were selected and
screened before an audience of locals and visitors from all over. The Music
Competition selected 15 artists and bands from a field of over 150. Celebrity
honorees, presenters and guests were the biggest and most impressive ever.
Over 300 filmmakers, musicians, producer, directors, writers, judges, workshop
presenters, cast and crew from as far as Australia and as close as our neighbor
communities of Murrieta, Fallbrook and San Diego were on hand to participate in the
festivities. Hotel stay by festival participants averaged 3 nights. Film and Music
entry fees and over-all ticket sales more than doubled from the previous years.
Attendance was at 10,000, up from 8,000 the year before. 2004 also saw the first
time participation of corporate and prestigious entities such as the Toronto
International Film Festival Group, Callaway Coastal, Anheuser Busch, The Garrett
Group, NewMark Merrill, San Diego State University and the Australian Film,
Television and Radio School.
Cash Sponsorship increased just a tad from 2003 and fell short of our 2004 goal.
But in-kind trade, product, services and generous contributions by private individuals,
local and outside businesses / trade organizations was at an all time high and offset
the increased festival operation expenses. Several long time/new supporters and
friends of the Festival including Steve Montal, The Garrett Group, Dan and Beverly
Stephenson, Terry and Cindy Gilmore, Timmy and Kelly D. Daniels, Gino and Diane
Simones, Monty and Kimaya Seward, Gary Leonhard, Bev Hoffman, Jennifer Byron,
Gabrielle Kelly, Stacey Kumagai, Annette Rosen, Cindy Mattson, Shari Crall, Eve
Craig, the Wilson Family, Brent Harvey, Rocky Gamad and Don Moulton - all
stepped up to the plate to ensure that our 10th presentation was a success.
.1"-.."'\__,.-/....'"'---
-T~EMECULA~,
v ALL EY~
2004 International Film & Music Festival
..", .........
FESTIVAL HIGHLIGHTS
Award Honorees and Special Film / Music Industry Guests in attendance include:
Oscar and Emmy award winning actor, Louis Gossett Jr., Honoree/Acting
Grammy Award Winner, Lou Rawls, Honoree/Music Artist
ComposerlMusician/Actor, Isaac Hayes, presenter for Lou Rawls
Film Composer and Musician, Trevor Rabin, Honoree/Film Composer
Film Director, Renny Harlin, presenter for Trevor Rabin
Film Director, Jonathan Lynn, Honoree/Directing
Actress Natasha Hentsridge, presenter for Jonathan Lynn
Award winning editor, Paul Hirsch, presenter for Jonathan Lynn
World renowned photographer Michael Childers, Honoree Nisuallmagery-Still Photography
Actress Stefanie Powers, presenter for Michael Childers
Dean of the USC School of Cinema-Television, E/izabeth M. Daley, Honoree/Film Education
Actor Adrian Paul, presenter for USC Dean Daley
International Hollywood Entertainment Correspondent/Author, Nelson Aspen, Emcee
Friends of Distinction, Monty & Kimaya Seward, Awards Gala Night performers.
PrestiGious alliances resulted in the festival's impressive film program featured the ff:
The Canadian Film Showcase, presented by the Toronto International I Film Festival Group
The Italian Film Showcase, presented by the Rome Independent Film Festival
The American Film Institute Film Showcase, presented by AFI
The Australian Film Showcase, presented by the Australian Film & Television-Radio School
The San Diego State University Film Showcase, presented by SDSU
The USC Film Showcase, presented by the USC School of Cinema and Television
Jonathan Lynn Film Showcase, featuring My Cousin Vinny and Distinguished Gentlemen
Keith Gordon Film Showcase, featuring Singing Detective and Chocolate War
Workshops and Panels:
Master Class in Directing workshop by Keith Gordon; Master Class in Producing by Paul Mezey
A Conversation with Paramount Picture's Icon, Producer AC Lyles
A Guerilla Marketing for Musicians workshop by CEOlFounder of Indiespace.com, Jeannie Novak
What a Casting Director Looks For workshop w/ former Disney Casting Head, Gretchen R. Court.
Writing Workshops by David Cole & Gabrielle Kelly; A Glimpse of Kabul by Afghani
Director,Yama Rahimi
Six hours of non-stop Music at the AII.Day MusicFest: Finalists out of 150 entries covered the
full spectrum of music genres: Jody Williams Smith (altemative folk); Brent Payne (country);
Danielle Bisutti (Pop/Contemporary); Ben Robinson Band (Blues); Aetrium (alternative/ modem
rock); Annie Minogue Band (Rock ); Aunt Kizzy'z Boyz (BlueslR&BlSoul/Jazz); Barefoot Bride
(PoplRock); m-pact (A'Capella swing~azz group); Route 7 (PoplRock); Zuhila (altemative rock);
and numerous other media outlets picked up on the fact the festival increased its exposure with African
American participation, with honorees, Louis Gossett, Jr., Lou Rawls, Presenter, Isaac Hayes, musical
support from Monty Seward and Friends of Distinction.
Out of the box interest came from Epicurlous Travel writer, Sandra Larsen who also wrttes for
Entertainment Today, mentioned us in a Wine section of her foodlwineltravel column which gets
syndicated to many Epicurean mags. She thought it was interesting we were doing the Hollywood-esque
Gala Night at a winery and also thought tt was interesting our Master of Ceremonies who is a Hollywood
reporter happens to have a celebrity cookbook coming out.
Wav out of the box interest came from Nguoi Viet Daily News and VNCR Radio out of Orange County. In
an email dated May 281h, 2004, they were the very first media outlet to commit to the festival and let us know
they were running continuous reports from all our releases as newsfeed on their station and in their
newspaper Nguoi Viet Daily News' readership: 70,000; VNCR listeners: 300,000. And while our festival had
no Vietnamese showcase, no Vietnamese participants to speak the language, nor was there any
Vietnamese content, their committed coverage and response to all press releases, which still remains a
mystery was welcomed coverage to a new community,
Other efforts were made to the educational sector regarding Elizabeth M. Daley's honors, hits to USC's
campus newspaper, Trojan News and their on-campus radio station were also made in addition to other
educational trade papers. Efforts were also made to M up Michael Childers' hometown of North Carolina
with a dual effort pitch for Jury member, Robb Thomas who is the founding staff member of the University of
North Carolina School of the Arts. Other media niche' pitches included art/photography and architecture for
Childers, specialized Indie Film media (for all general pttches, the film showcases and for Opening Night
film, 'Maria Full of Grace') and music industry media (lots of hits for rock-n-roll sttes, jazzlblues and
filmscore sights as well as YES groupie and Lou Rawls fans) for Trevor Rabin, Lou Rawls and the
compilationlMusic Fest CD finalists, music panel and for mentioning our relationship wtth Blockbuster on-
board as a distribution outlet. This is STILL archived on the Internet everywhere on Google and Yahoo!
Searches by typing in INDIE MUSIC ARTISTS TO WIN CD 'DISTRIBUTION' PRIZE FROM
BLOCKBUSTER --- many of the archived htts still come up and continues to rival hit numbers for Louis
Gossett, Jr. mentioned as an honoree, for all media pick-up highlights.
Part of the media outreach and growth was launched from some very key specific things added to this
year's festival including the following:
. Two prestigious film showcases from Award winning Directors, Jonathan Lynn & Keith Gordon,
with a very rare Q&A from Jonathan Lynn, who stated on KATY Radio in an on-air live interview on
Sept. 1 Olh, 2004, that the only film festival he has ever bothered to attend in his entire career before
Temecula, is Cannes. This addition to the film festival has made great impact - further
establishing support from Variety & Hollywood Reporter and other entertainment media outlets. It
also creates more credibiltty, defines visibility as something bigger than a grass-roots festival and
develops interest from other participants in other communtties and maximizes media support,
surpassing previous years of coverage.
. More honorees than anv other vear of the festival since tts existence. This was a shocker for all
media - local, regional, national, international, Hollywoodllndie film trade. Phone comments were
at an all time high, with many reporterslwriters/edttors (including Access Hollywood) stating that
Temecula was never been on their high 'entertainment news' radar screen before.
The festival made the entertainment media radar screens this past September. And the fact that tt did
is testament to the reality that the festival has indeed hit its stride.
"".I'"'-... ....'"
; '~_ ~./"". __ f'-
T~EMECULA~-
v ALL E y~.
2004 International Film & Music Festival
"', /"
2004 FESTIVAL MEDIA COVERAGE I IMPRESSIONS REPORT
The 2004 10th annual Temecula Valley International Film & Music Festival took on an even larger arena of
new growth compared to 2003. Last year was the start of tt, with opportunities which increased the exposure
and media impressions to brand the event within the industry with new visibility and leverage. This year,
became the 'growing pain & gain' phase, showing that the festival has 'turned a corner' as stated by
Califomian staff writer, Michael Buchanan in an article, dated September 4,2004.
The Cal~ornian editorial staff informed the festival that they actually had to have a 'festival meeting' for the
first time ever, to discuss coverage and stories. A PULL-OUT section - dedicated to the festival was
another first, indicating that this year we had numerous angles to cover than previous years. Reporters and
edttors spoke about the number of different stories they could access - and actually mentioned there was
too much going on to possibly cover it all. The pre-event coverage was more extensive this year than any
other year, due to the number of media angles - and the fact the events within the events were just as
newsworthy as the main event itself.
As with last year, the festival received the normal support and local coverage of media, but soon found itself
augmenting to regional, state-wide, national, International and global internet coverage beyond the
parameters of previous years, wllh a huge segment of niche' media coverage for specific ethnic/minority
media groups, Gay media, and segmented international media coverage. And while last year, Don "The
Dragon' Wilson brought in much specialized coverage of the Martial Arts/Asian media market coverage, this
year surpassed the niche' media interest with the growth of the festival.
This vear for the verv first time. DOW JONES picked up our release and many 'money market watch'
sites picked up the festival release. This is growth for the festival in that financial reports are calling
attention to the festival growth and development as something to keep eye on for continued upward
spiraling success.
Other benchmark media coveraae include being broadcast AND placed as a mention on the Internet stte
of MSNBC, Los Angeles Magazine, BET Radio News, Daily Variety (Army Archerd's column), Beverly
Hills' Beverly Press/Park La Brea News, Los Angeles' Entertainment Today and the grand-daddy of them
all, Celebrityvibe.com, which distributes to US Weekly, People Magazine, and many other prestigious
'Hollywood/Entertainmenf publications. Other support includes, Master of Ceremonies, Nelson Aspen's
reports to Australia's #1 Morning Show, Sunrise gave our new Aussie filmmaker showcase added
hometown support. And Nelson's Gaydar Radio Show - promoted the movie Dragnuns of Tinseltown, his
own participation, Michael Childers' and Gina Gershon's honors and added some other non-traditional and
unconventional support - covering global and international media outlets in a way that has not been done
before, for the festival. Ditto for 'Sons of Provo' -.- a unique opportunity for the Mormon community to
support; Brent Harvey freelancing for Music Connection Magazine writing from a music manager's
perspective and India-based media picking up the release off the fact we mentioned we were featuring films
from around the world and previously mentioned films from Italy & India in our press releases.
Other noteworthv 'firsts' Include being part of Hemel's brand new TV station reports, KHEM-TV, Wealth
TV - San Diego; The San Diego Jewish Journal for niche' media coverage of Trevor Rabin's Jewish
background; UK Indymedia covering Jonathan Lynn's UK roots and Urban Inslder.com, Black Fusion
Everyday Joe (Progressive Rock). Percussion Discussion of Afrika, Aztec Tribe and Copper
Wimmln did not perfonn as scheduled due to visaltravel schedule problems.
MusicFest highlight was the debut of the festival's first-ever CD Compilation, featuring the music of
the above mentioned music artists. Monty Seward produced the CD. Blockbuster Video was the
distributor.
Four Music Industry Member Critique Panel
Included John F. Wilson, President of Superstar Entertainment; Ted Lowe, CEO of Choicetracks,
Inc.; Eddie Singleton, Vice Pres. of Alicat Records, with artists distributed through industry
powerhouse A & M /lnterscope and Michael Scafuto, owner and President of the M+M Group,
rounds out the music panel coordinated by Drake Frye from the Gold record-chart-topping
legendary R&B group, "Friends of Distinction."
A World Artisan Market Place- The Festival MarKet Place offered Ceramic, Jewelry, Wood,
Glass, and Painted Art by distinguished artists from throughout the Southern California area.
Additionally, artisans selling artistic decor items from Morocco, Africa, Southeast Asian, Mexico
and more showed their wares.
Three new film iury members to the festival:
Robb Thomas is producer of and founding staff member of the University of North Carolina School
of the Arts; Raymond Singer, whose writing credits include Disney's Mu/an (for which he won The
Annie Award for Best Writing/Animated Feature), Lion King Lady and the Tramp /II and
Dreamworks' Joseph King of Dreams which won a Gold Angel Award for Best Animated Feature;
Film Jury President and Award-winning Producer, Paul S. Mezey (who also presented a Master
Class in Producing WorKshop & Opening Night film).
AUDIENCE CHOICE AWARD WINNERS:
Student Film - BIRTHDAY BOY - Writer/DirectorlAnimator: Sejong Park, Australia
Animation. PAST WHISPERS - USC Writer/Producer/Director: Brett Rutland, USA
Documentary - BETWEEN TWO WORLDS - Producer/Director: Aaron Weisblaft, USA
Feature Film - SONS OF PROVO - Director: Will SWenson, USA
Short Film - HUSBAND SCHOOL - Writer/Director: JP Pierce, USA
JURY AWARD WINNERS:
Best Documentary - SASKATCHEWAN PART 11 - Director: Brian stockton, Canada
Best Student Film - BUG MAN, Director: Mike Miley, USA
Best Screenplay - LA CADEAU D'ELENA - Writers: Daniele Giorico & Frederic Graziani, France
Best Cinematography - BLACK BERRIES - Cinematographer: John Radel, Australia
Best Directing . SHELTER -Benno Schoberlh, USA & DOG GONE LOVE -Rob
Lundsgaard,USA
Best Animation - BACKSEAT BINGO - Producer/Director: Uz Blazer, USA
Best Short Film - LONESOME JOE - Director: Mark Sawers, Canada
Best Feature: SHELTER - Director: Benno Schoberth, USA
SPONSORS. DONORS AND FRIENDS OF THE FESTIVAL
Major Sponsors: City of Temecula' Rancon Real Estate' Paradise Chevrolet Cadillac' Pechanga Resort
& Casino' Guidant Corporation' Harold Matzner' The Outdoor Channel' Blockbuster Video.
Black Tie Awards Gala Presented by: Paradise Chevrolet - CadUlac
Co-Sponsored by Wilson Creek Winery &Vineyards ' Dreammakers ' California Pizza Kitchen' Presto's
MusicFest Sponsors: Blockbuster Video' Omni-Tech & Media Services, TVP Group, Inc.
Opening Night Sponsors: The Press Enterprise ' Sammy's Woodfired Pizza ' Rosa's Cafe ' Pat's &
Oscar's 'Callaway Coastal
Venue Sponsors: Sanborn Theaters, Inc. ' Garrett Group, LLC ' NewMark-Merrill' Wilson Creek Winery &
Vineyards' Miramonte Winery' CasUe Bed & Breakfast
Media Sponsors: Neighbors Newspaper' The Press Enterprise' The Californian' Entertainment Roundup
, The Valley Business Journal' KA TY 1 01.3FM Radio' KMET Radio - Pilipino Enquirer
Hotel Sponsors: Pechanga Resort & Casino ' Embassy Suites' Pala Mesa Resort' Hampton Suttes
Holiday Inn Express' South Coast Spa Resort & Winery
Contributing Sponsors: Target' FedEx ' Kinko's ' TVP Group' Barbara Hoffman Talent Agency' Eve
Craig 'Ocatillo Pictures Monty & Kimaya Seward' Murrieta Day Spa and Hair Studio ' Valley Printing
Service' Potamus Press RSVP Limousines' A Grape Escape Balloon Adventure' California Dreamin'
Rent Time' Armstrong's Garden Center' Wonderland Garden' Maison de Fleur' Powerhouse Graphics
RSVP Limousines ' Affordable Limousines ' Painted Earth ' Linkletter Seil Storage ' Chris Pinckney
Murrieta Day Spa' Law Offices of Rosenstein & Hitzeman' Reliance Concierge' Class Act Tuxedo & Bridal
Food / Beverage Donors: Starbucks ' Krispy Kreme 'Anheuser Busch / Budweiser' Sammy's Woodfired
Pizza' Pizza Factory 'Hungry Howie's Pizza' McDonalds ' Pick Up Stix ' Doody Breads' Stater Bros.
Vons ' Ralph's Supermarkets' Albertson's' Wal Mart' California Pizza Kitchen' Scarcella's' Aloha J's
Trader Joe's' Pat's & Oscar's' TGIF Fridays' Marie Callender's' Carl's Jr. ' Burger King' Macaroni Grill
Red Robin' Chocolate Florist 'California Grill' Rosa's Cate ' Callaway Coastal' Mount Palomar Winery
Wilson Creek Winery and Vineyards' Winchester Cheese' Painted Earth' Temecula Valley Wine Co.
Friends ofthe Festival: Steve Montal' Don Moulton' Bev Hoffman' Dan and Beverly Stephenson' Terry
& Cindy Gilmore' Timmy & Kelly Daniels' John Moramarco ' Art Fleming/Engineering Ventures' Gabrielle
Kelly' Jennifer Byron' Annette Rosen' Greta & Louis Pontarelli' Rocky Gamad/Sonic Eye Entertainment
Drake FryelTFREA' Wm Bruce Reid / Associated Construction Services, Inc. ' Sara Bean' Bob Sharka
and Friends of Film of the Pacific Palisades Film Festival & ' John M. Luckey, DDS' De Luz Recording.com
Nilson Grading' Edward Stencel/lFP , Allison HiroselUSC ' Ruth SaunderslAFTRS ' Robin RhodeslTlFF
Fabrizio FerrarVRIFF ' Angie De Los Santos/Paramount Classics' Schawn Belston/20th Century Fox Film
Corp. ' Jeff Powers / Buena Vista Pictures Marketing' Cary Haber/Crtterion Pictures' Chris ScwhartzlAFI
Attachment I F
Advertising Agreement
\\San3\city manager\Wolnickg\Agendareports\2005 TV Film & Music Festival Report.doc9
ADVERTISING AGREEMENT BETWEEN
CITY OF TEMECULA AND
TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL
This Agreement, made this 22nd day of February. 2005, by and between the
CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA VALLEY
INTERNATIONAL FILM & MUSIC FESTIVAL, a California nonprofit corporation
(hereinafter referred to as ("TVIFMF").
A. TVIFMF will operate the "11th Annual Temecula Valley International
Film & Music Festival" on September 14 - 18, 2005. The Temecula Valley International
Film & Music Festival is a special event located at the Movie Experience IO-plex at
Tower Plaza in Temecula. The Festival's Awards Gala Night will be held at Pechanga
Resort & Casino on Saturday, September 17th. If additional subsequent event venues are
held outside the City of Temecula they will be subject to the written approval of the City
of Temecula. Attendance at last year's event was approximately 10,000 people.
B. The City of Temecula desires to be a "Major Sponsor" of the 2005
Temecula Valley International Film & Music Festival.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
A. In exchange for the payment of thirty thousand dollars ($30,000.00), the
City of Temecula shall be designated as a "Major Sponsor" of the 2005 Temecula
Valley International Film & Music Festival. In exchange for being a Major Sponsor, the
City of Temecula will receive the benefits as listed in Attachment A. The city
sponsorship of thirty thousand dollars ($30,000) will not be used to pay for any
professional independent contractors hired by the Festival for specific functions required
to produce the Temecula Valley International Film and Music Festival. The City's
sponsorship funds will be designated to the following categories: advertising, theater
rental, video equipment projection rental, printing costs, special events catering costs
and party equipment rentals.
B. Within 90 days after conclusion of the Film & Music Festival, TVIFMF
shall prepare and submit to the Assistant City Manager a written report evaluating the
Film & Music Festival event, its attendance, media coverage, description of the
materials in which the City was listed as a Major Sponsor.
C. TVIFMF agrees that it will defend, indemnifY and hold the City and its
elected officials, officer, agents, and employees free and harmless from all claims for
damage to persons or by reason of TVIFMF's acts or omissions or those of TVIFMF's
employees, officers, agents, or invites in connection with the Temecula Valley
International Film & Music Festival to the maximum extent allowed by law.
D. TVIFMF shall secure from a good and responsible company or companies
doing insurance business in the State of California, pay for and maintain in full force and
effect for the duration of this Agreement a policy of comprehensive general liability and
liquor liability in which the City is named insured or is named as an additional insured
with TVIFMF and shall furnish a Certificate of Liability by the City. Notwithstanding
any inconsistent statement in the policy or any subsequent endorsement attached hereto,
the protection offered by the policy shall;
1. Include the City as the insured or named as an additional insured
covering all claims arising out of, or in connection with, the
Temecula Valley International Film & Music Festival.
2. Include the City, its officers, employees and agents while acting
within the scope of their duties under this Agreement against all
claims arising out of, or in connection with Temecula Valley
International Film & Music Festival.
3. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
(A) Insurance Services Office Commercial General Liability
coverage provided on ISO-CGL Form No. CG 00 01 II 85
or 88.
4. Minimum Limits of Insurance. Consultant shall maintain limits no
less than:
(A) 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.
(B) Liquor Liability: One million dollars ($1,000,000)
combined single limit per occurrence for bodily injury,
personal injury and property damage.
5. The insurer shall agree to waive all rights of subrogation against
the City, its officer, officials, employees and volunteers for losses
arising from the Temecula Valley International Film & Music
Festival.
6. Bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of expiration or proposed cancellation
of such policy for any reason whatsoever, the City shall be notified
by registered mail, postage prepaid, return receipt requested, not
less than thirty (30) days beforehand.
7. Any deductible or self-insured retention must be declared to and
approved by the City. At the option of the City, either the insurer shall
reduce or eliminate such deductible or self-insured retention as
respects the City, its officers, officials and employees or TVIFMF
shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
E. Should any litigation be commenced between the parties, hereto,
concerning the provisions of this Agreement, the prevailing party
concerning the provisions of this Agreement, the prevailing party in such
litigation shall be entitled to reasonable attorney's fees, in addition to any
other relief to which it may be entitled.
F. The TVIFMF will provide an audit conducted by an independent certified
public accountant of the 2005 Temecula Valley International Film &
Music Festival. This audit shall be conducted to coincide with the 2005
event and should be completed by January 15, 2006. It is required that the
auditor be on-site during the 2005 Festival.
IN WITNESS WHEREOF, the City has caused its corporate name and seal to be
hereunto subscribed and affixed by Chairperson and attest to by the City Clerk, both
thereunto duly authorized, and the Temecula Valley International Film & Music Festival,
has hereunto subscribed this Contract day, month, and year hereinabove written.
DATED:
TEMECULA VALLEY INTERNATIONAL
FILM & MUSIC FESTIVAL
CITY OF TEMECULA
BY:
Jo Moulton JeffComerchero
Founder and Advisory Board Mayor
Temecula Valley International Film & Music Festival
3 I 468 Corte Montiel
Temecula, CA 92592
ATTEST:
Susan W. Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter Thorson, City Attorney
ATTACHMENT A - SPONSORSHIP BENEFITS
~.
T~~ULA
V^LLlO.Y
CITY OF TEMECULA SPONSORSHIP BENEFITS
. Recognition of City ofTemecula's sponsorship in all festival collateral materials
. Recognition of City ofTemecula's Sponsorship in all applicable Broadcast and Print Media
advertising, festival flyers, brochures, signage and press releases.
. Acknowledgment of City ofT emecula's sponsorship prior to and after every film screening, live
music performances and workshops/panel discussions.
. Full page. black & white Inside cover page Advertisement in the festival program.
. 10 complimentary tickets to Opening Night Premiere and Reception, Black Tie Awards Gala,
Festival workshops/panel discussions, closing Day Festivities and to all pre-festival awareness
and fundraising functions.
. 50 regular live music performance tickets for giveaway to city employees.
. 50 regular screening tickets for giveaway to city employees
. Festival Souvenirs
. Access to VIP Hospitality Suite
. Acknowledgment of City if Temecula representatives at Opening Night, Black Tie Awards Gala
and Closing Day Festivities.
. Insertion of City logo in the Festival website and the program sponsors' logo page,
. Opportunity for City of T emecula to incorporate Festival logo in any City of T emecula
Marketing campaign materials.
. Opportunity for City ofTemecula to enhance community relations by involving City of
T emecula officials and employees in different aspects of the festival (from festival
Presenters to hosts/hostesses in all prime festival special events).
M Host City, the City will always be acknowledged as a cooperative entity in the event titling
regardless of who, if any, the eventual Presenting or Tille sponsor will be.
The Festival will secure from a good and responsible company or companies, pay for and maintain
in full force and effect for the duration of the event a policy of comprehensive general liability and
liquor liability in which the City ofT emecula is named insured or as an additional insured covering
all claims arising out of, or in connection with the 2005 Temecula valley International Film & Music
Festival. Coverage will provide the following minimum limits:
General Uability - $1,000,000 combined single limit per occurrence for bodily injury, personal injury
and property damage.
Uquor liability - $1,000,000 combined single limit per occurrence for bodily injury, personal injury
and property damage.
ITEM 8
APPROVAL
CITY ATTORNEY A /l
DIRECTOR OF FINA~' 1//
CITY MANAGER /" 'tI1
If'
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM: ~Susan W. Jones
.,- L:city Clerk/Director of Support Services
DATE: February 22, 2005
SUBJECT: Award of Contract to Canon Financial Services, Inc. (CFS) and Temecula Copiers
PREPARED BY:
Michaela A. Ballreich, Deputy City Clerk \,toot-
RECOMMENDATION: That the City Council:
1. Award a five-year Master contract to Canon Financial Services, Inc. (CFS) for the lease of all
City copiers and approve the annual expenditure for fiscal year 2005-2006 of the five-year
contract with CFS for an annual amount of $29, 798 including tax;
2. Award a five-year Master contract to Temecula Copiers for the maintenance/usage of all City
copiers and approve the annual expenditure for fiscal year 2005-2006 of the five-year
contract with Temecula Copiers in the amount of $80,808 plus a 10% contingency for a total
annual amount of $88,888.
3. Confirm the purchase of 12 Canon copiers at a cost of$1.00 each for a total of$12.00 as
per the March 26, 2002, agreement;
4. Approve Amendment NO.1 in the amount $22,000 with a 10% contingency for a total
amount of $24,200 to Temecula Copiers for maintenance and usage for the remaining
portion of fiscal year 2004/2005.
BACKGROUND: On March 26, 2002, after an extensive RFP process, the City Council
approved a three-year contract with Canon Financial Services, Inc. (CFS) for the lease of 12 Canon
copiers and with Temecula Copiers for the maintenance/service of these 12 copiers. At the
conclusion ofthis three-year lease, the City will purchase these 12 copiers for $1.00 each for a total
of $12.00.
The City has received an excellent product from Canon. The technical support, service, and
maintenance provided by Temecula Copiers over this three-year agreement has been outstanding.
It is, therefore, being recommended that the City Council approve a five-year Master Agreement with
both entities in an effort to retain the current lease pricing and maintenance costs throughout the
five-year agreement.
Agenda Reports/Canon FinancialfTemecula Copiers 1
In an effort to best project the needs of City Hall, a five-year projection for lease needs as well as
maintenance costs was established. In light of the upcoming projects such as the library, sports
complex, and theater, it was determined that overthe life of this five-year agreement, as many as 25
additional copiers may be needed. In order to properly manage this agreement, it may be necessary
for the City Council to annually review and amend this agreement to accommodate growth and
future needs through the term of the five-year agreement.
Eight new Canon Copiers are being requested for fiscal year 2005-2006 at an annual lease cost of
$23,335, including tax. It should be noted that at the end of this five-year agreement, the City will
own these eight copiers for $1.00 per copier.
Copier for the Copy Center (1)
Color Copier for the Copy Center (1)
West Wing CSD (1)
Children's Museum (1) with fax capability
Theater - (2) with fax capability
Old Town Storefront (1)
Mall Storefront (1)
To accommodate staff needs, during the original agreement, six additional copiers were leased.
These leases will expire between 10/05 and 6/20107. The continued annual lease cost for these six
copiers for fiscal year 2005-2006 will be $6,059, including tax. The total annual lease cost for fiscal
year 2005-2006 for the eight requested copiers and the existing copiers will be $29,798.
The associated maintenance cost for the newly proposed copiers, as noted above, along with the
City's existing copiers for fiscal year 2005-2006 will be $80,808.
For the remainder of 2004-05, staff will operate with its existing Canon Copiers along with the 12
newly purchased copiers ($12.00) and, therefore, no lease costs will apply for the remaining portion
of this year. The eight proposed Canon Copiers will be purchased July 1, 2005, at which time,
associated lease and maintenance costs Violll apply.
Because of the ever-increasing copy volume and because this volume is primarily projection based,
it would be requested that the City Council approve an amendment to the existing T emecula Copiers
Agreement to ensure sufficient maintenance funds are available for this fiscal year. Adequate funds
for these maintenance costs are available for this fiscal year.
Canon Financial Services, Inc. has offered a 6.8% lease percentage rate for this 60-month
agreement. Temecula Copiers has agreed to retain the copy rate per page of .0077 for the larger
canon copiers (for black and white) and .0265 per page for the smaller copiers as was offered in the
2002 agreement and has slightly reduced the color copy per page rate from to $.10 to $.Og90. The
City's maintenance agreement with T emecula Copiers is solely based on usage - number of copies
made per month times the copy rate.
FISCAL IMPACT: The annual lease cost of $29,798 will be budgeted and paid for through the
Intemal Service Fund, Fire, Police, and Temecula Community Services budgets as will the annual
maintenance cost of $88,888. These funds necessary for the 2005-06 lease and maintenance costs
will be included fiscal year 2005-06 budget. Adequate funds are available for the remaining
maintenance cost for this fiscal year.
ATTACHMENTS:
Agreement with CFS
Agreement with Temecula Copiers
Amendment NO.1 to the Temecula Copiers agreement
Agenda Reports/Canon FinancialfTemecula Copiers 2
.
. canon
Canon Financial Services, Inc. ("CFS")
REMITTANCE ADDRESS: P.O. Box 4004 MUNICIPAL LEASE AGREEMENT AGREEMENT
ru.\BER:
Carol stream, minois 60'97.4004 (800) 220.0200 CfS-1045 (O&ll41
ctl5TOMER(FVllLEll'MEcuLA CITY OF DBA PHONE
('CU.torror')
BILLING ADDRESS CITY COWTY STATE .P
EQUIPMENT ADDRESS CITY COO"'"' STATE 'P
EQUIPMENT INFORMA liON NUMBER AND AMOUNT OF PAYMENTB
Quantity I Serial Number I MakelModeVDescription No.ofPmls. TotalPAvrrv!nt.
1 IR105+ 60 1 804.70
1 IRC3220
3 IR2270
3 IR1670
Tennin roonths: 60 .. Plus Applicable Taxes
Payment Frequency:
~MonthlY o Quarterly o Other:
THIS AGREEMENT IS EFFECTIVE ONLY UPON SIGNING BY BOTH PARTIES. THIS AGREEMENT IS NON-CANCELABLE BY CUSTOMER
EXCEPT AS DESCRIBED IN THE fiSCAL FUNDING PROVISION HEREIN. CUSTOMER REPRESENTS THAT ALL ACTION REQUIRED TO
AUTHORIZE THE EXECUTION OF THIS AGREEMENT ON BEHALF OF THE CUSTOMER BY THE FOLLOWING SIGNATORIES HAS BEEN TAKEN.
ACCEPTED AUTHORIZED CUSTOMER SIGNATURE
CANON FINANCIAL SERVICES,INC. By: X Tille:
By. Printed Name:
Tille: By: X Tille:
Dale: PrinledName:
To: Canon Financial Services, Inc. reFS1 ACCEPTANCE CERTIFICATE
The Customer certifies that (a) the Equipment referred to in the abov& Agreement has been received, (b) installation has been com~leted, (c)lhe Equipment
has been examined by OJslomer and is in good operating order and condition and Is. 1fI all respects, satisfactory to the Cus!omer, and (d) the Equipment is irrevocably accepted by the ustomer for aU purposes
under the ~emenl Accordingly, Customer hereby authorizes biling under this Agreement
Slgnalure: X PrlntedName:
TiUeUfany): Date:
TERMS AND CONOmONS
1. AGREEMENT: CFS leases 10 Cuslomer. a [slalenameorpo~ti(:a/$ubdjvisionoragencylof [Slale name] with its cI1ief execulive office at
. and Customer leases from CFS, with its pta:e of business al1S8 GaiUler Drive,
Suite 200, f.bunllaurel, New Jersey 08054, all the equipment described above, together with all replacement parts and substitutions for and additions to all such equipment (the "Equipment"), upon the terms and
conditions set forth iIllhis Lease Agreement ("Agreementj. lL _...:.~ ,t ~r v...:l. p~, y 1'_lt._J. lJ .!.U~tl:Mt1oot~.t:..iI!l.lc.MIt!mt!lll_E~ .~ ! L G atPS)WISRI8 m'lld;u&ti~' sr~if~i n r~
ifthi sstusllslal mlsflhs El\u"1fj!1l1i~sh:l~i~gs J aol'!'! ertls_ ~.,:...L all J~ d iJII \J '!'es5...(.[~_.d,:.. U,d_._..l, G_.k..,,~ .;;(.II._:~_6Fa ~..d;__t__d, P~I"'~'l::. 1:.1 _~ k. F./h.t.. ..___.1(1(;%1,
2. AGREEMENT PAYMENTS: Customer agrees 10 pay in advance 10 CFS, during the term of this ~menl, (allhe Payments specified under "Number and Amount of Payments" above, and (b} such other
aTIOUOt:s permitted hereunder as invoK:ed by CFS ("Payments") and (c) on Schedule 1 allached herelo. uch Payments are comprised of \he principal and interest thereon.
3. APPLICATION OF PAYMENTS: AD Payments received by CFS from Cuslomer under this Agreement wiD be a~fied 10 aroounts due and payable tlereunder chronologK:aIIy, based on the dale of CF$'s Charge
shown on the invoK:e for each such amount and among amounls having the same dale in such order as CFS, in its discretion. may determine.
4. TERM OF AGREEMENT: The term of this Agreement shall commence on the date the Equipment is delivered to Customer, provided Customer executes CFS' Acceplance Certificate or otherwise a:cepts the
Equipmentas specified in this Agreemenl The tenn of this Agreement shaD end, unless sooner terminated by CFS after an eventof default or under the Fiscal Fundilg provlslon, when all amounts required to be paid
by Customer under this Agreement have been paid as provided. Except as set forth herein, Customerhas no right 10 relUm the equipment 10 CF$.
5. NO CFS WARRANTIES: CUSTOMER ACKNOWlEDGES TllAT CfS IS NOT A MANUFACTURE~ DEAl.E~ OR SUPPliER OF THE EQUIPMENT. CUSTOMER AGREES TllAT THE EQUIPMENT IS lEASED
"AS IS" AND IS Of A SIZE, DESIGN AND CAPAOTY SELECTED BY CUSTOMER. CFS HAS MADE NO REPRESENfATlON OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY Of THE
eQUIPMENT, THE ABSENCE Of ANY Q.AlM OF INFRINGEMENT OR THE LIKE, OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPUEO, WITH RESPECT TO THE EQUIPMENT
INClUDING. WITHOUT LIMITATION, THE IMPlIED WARRANTIES OF MERCHANTABILITY AND mNESS FOR A PARTICUlAR PURPOSE, Any warranty with respect to the Equipment made by the su,=ler,
dealer, or manufacturer is separate from, and is not a part of. this Agreement and shaU be for \he benefit of Cf$, CUstomer, and CFS's purchaserotassignee, jf BII~ So long as Cuslomerls not in breach or efaull
of this Agreement CfS assigns 10 CUstomer, solely for the purposes of ma'ti~ an~secutioa any such claim. \he rghts if any, whidl CFS may have against supplier, dealer, or millufacturer for breach of
warran~ other reEresentalion respect~ item of Equipment. CUSTOME A OWLE ES AND AGREES THAT NEITHER THE $UPPUER NOR ANY DEALER IS AUTHORIZED TO WiJVE OR AlTER
ANYT OF THI AGREEMENT, OR ANY REPRESENTATION OR WARRANTY WITH RESPECT TO n-lIs AGREEMENT OR mE EQUIPMENT ON BEHALF OF CFS,
5. FISCAL FUNDING: The Customer warranls that it has funds available to pay Payments payable pursuant to this Agreement un~lll1e end ollis current appropriation period and warrants thai it presently inlends 10
make Payments in each appropriation period from now until the end of this Agreemenl The officer of the Customer responsible fur prepntion of Cuslorrel"s annual bOOget shall request from its legislative body or
funding authority funds to ~ to CF$ under this Agreement. If notwithstanding I/'Ie making in ~ faith of such re~t In accordance with cwroPriate procedures and with the exercise of reasonable care and
~nce, such legislative y or fund~ authority does not appropriate funds to be paid to CF for the ~uipment stomer may, upon prior writlen notice 10 CfS, effecl.ive upon the exhausOOrI of the fundilg
zed for the then currerlt appropri on Wried, return Ihe Equipment to CFS, at Cuslome~s expense an in accordance with this Agreement and thereupon, Customer shaD be released of its obligation to make
Payments to CFS due \hereafter, provided: 1) the Equipment is returned 10 CfS as provided for in the Agreement (2) the above desaiOOd notice states the failure of the legislative body 01' funding au!horily to
appropriate the nacessa")' funds as the reason lor cancellation; and (31 such nolice is accompanied by pafmeol of a~ amoonls then due 10 a=s under \his Agreemenllrl the everlt Customer returns the Equipment
gursuant to the terms of this Agreement CF$ shall retalrl all sums paid by Customer. Custome~s Paymen obligations under Ills Agreement In alY fiscal ~ear shaD conslihrte a currenl expense of Customer for such
seal year, and shaD not coostitule indebtedness Of a m.rltiple fiscal yea'" obligation of Customer under CUslomel's stale constitution, state law or home rule charter, Nothing in this Agreement shall constitute a
pledge b~ CusIomer of any taxes or oIher monies, oll1er than as appropriated for a specifl: fiscal yea- for this Agreement and the Equipmerll
7. ACCEPTANCE; DELIVERY: Custome~s execution of \he Acceptance Certificate, or Customer's provision tl CFS of other wntterl confirmation d its acceptmce of the Equipmen~ shall conclusively establish that
the E~Uipment has beerl delivered to and accepted by Customer for aD purposes of this Agreemenl and Customer male not for any reaSOfl revokelhal acceptance; however, If Customer has not within ~n (10) days
after ehvery of the Equipmen~ delivervd to CFS written notice of any non-a:ceptance of the ~uipmen~ SPecilyl~ re8SOrIS therefore an~caly referencing lhis Agreemen~ Customer shan be deemed to
have lrmvocably oooopted the Equlpmer1L CF$ is the lessor and Customer is the lessee of the quipmenllllder s Agreement. As between and Customer only, this Agreement shall :ede any Q:slomer
~order. Customer agrees 10 waive a~ right of specific perfonnarlCB of Ihls Agreernenl and 10 hold CFS harmless from damages If for Illy reason lIle Equipment Is not delivered as red, if the Equipment
IS unsatisfactory or if CFS does nol execute th AgreemenL Customer agrees that an~ delay in delivery of the Equipment shall not affect the vaidity of this 14IreemenL
8. LOCATION; UENS; NAMES; OFFICES: Customer shaR not move the Equipment from the k:Jcalj)n s=ed herein except wIIh the prior written consent of CfS. CuslDmer agrees that II will keep the Equipment
free and clear of an daims and fiens other than Ihose created as a result of this AgreemerlL Custome(s aI narre (as set fOOt! in its consltuenl documents filed with the appropriate govemmenlal offICe or agency)
is setforlh herein, U~ request Cuslomer wm deliver to CFS certified cons~luentdocuments. The chiefexecullve offir.e of Customer ls located althe address selforthherern.. Cuslomefwill nolcbangeils oameor
lhe location of ils ctJ f execulive office unless CFS has been given at leasl30 days prior WOllen noIIce thereof and Customer ha$ executed and de&vered to CFS such financing statements and other ilstruments
requiredorappro~ate.
CFS-1045 (0llI04) SEE REVERSE SIDE FOR ADDmoNAL TERMS AND CONDITIONS. 1tfllAL:_
9. USE; FINANCING STATEMENTS: Customer stlalJ comply wHh all.law,s or regulations:iEjiatlna lq the use or maintenance of the Equipment Customer shall put ~ Equipment only lD IIle use. conlel1lllaled by !he
manufacturer of such EjulpmenL Customer authorizes CfS (arn:! 8l'Iy third party.fling service deSJJnaled by CFS) to execute and life. (a) financing statements eVIdenCIng the Interest 01 CFS III the Equlpmen~ {bl
continuation slalamenls n respecllhereof. and (el amendments {including lorms containing a broader desa1ltioo of !he Equipmenllhan the description set forth herein) and Customer Irrevocabtt waives any B;iht to
noli:elhereof. .
10.INOEMNffY: CUstomer agrees to reirnbulSe CFS for and to defend CfS ~ainst any claim for losses Of injury caused by the EqtipmenL This Section shaU sulVive temlinallon of this Agreement
11. MAINTENANCE; ALTERATIONS: Customer wl1l keep and maintain the Equipment in good working order and shan. at Cuslomer's expense, supply and Install all replacement pats and acce&sories when required to
malnlsin the Equipment in good v.rolking condition. Customer shall no~ willloullhe prior written consent of CFS, make any changes or subslilulions to \he Equipment. Any ~d all replacemenl parts, accesoories,
authorized changes and/or substitutions for the Equjpmenl shaft become part of the EalJomenl and subiect to the lerms of !his Agreement.
12; TAXES; OTHER FEES AND CHARGES: CUSTOMER SHAll PAY AND DISCHARGE WHEN DUE All LICENSE AND REGISTRATION FEES, ASSESSMENTS, SALES, USE, PROPERTY AND OrnER TAXES,
AND OTHER EXPENSES AND CHARGES, together with any applicable penames, interest now or at any time Imposed upon any item of the Equipment the Payments payable under this Agreement, or Custome~s
performance or noo.perfoonance of its obligations hereunder, whether payable by or assessed 10 CFS or Customer. If CUstomer falls lo pay any fees, assessments, taxes, expenses, or charges 8$ required by !he
Aareement CFS shall have the riQht bul not the obllllation 10 pay those fees, assessments, taxes, expenses, 01 charges. If such payments are made by CFS, CUs10mer sh~ promplIy reimburse CFS, upon demand, fat
alf such payments made pbs admmistration lees and costs, if any. Customer acknowledges thai where required by law, CFS MIIIiIe any nabs and pay personal property lalces levied on the Equipment Customer shal
reimburse CFS fo1 the expense of personal property taxes as es~mated and Invoiced by CFS and pay CFS a processing fee not to exceed $50 per year per 16m of Equipment which Is subject to such tax, Customer
agrees tha! CFS has nol, and will not, render tax advice to Customer and that tha payment of such taxes is an administrative act ON THE DATE OF THE FIRST SCHEDULED PAYMENT AND THE DATE OF THE
FIRST SCHEDULED PAYMENT AFTER THE ADDlTION OF ANY EQUIPMENT, et:laf.%IER 81tttL fl..., T8 em All ABliltll]9frl.(f'I.C fEe, lU rUC ..tJeHlfI' Sf iS9, IS nBMBURElC ere reR FrS
ABt.UUISfrttnl iE"lm RE:8B~I3I,l8 ee3fD.
13. INSURANCE: Customer, at its sole cost and expense, shall oblain, maintain and pay for (s) llsurance against the loss, theft ordamaga to the Equipment for the full replQIl'lBflt value thereof, and (b) comprehensive
public lability and property damage insmance. All such insurance shall provide for a deductible not exceeding $5,000 and be in form and amoun~ and with companies satisfactory to CF8. Each insurer providing such
msurance shaD name CFS as additionat insured and bss payee and provide CFS thirty (30) days Millen notice before !he policy in Question shatl be materially altered or canceled. Customer shall pay the premiums for
such insuraoce, shall be responsible for aU deductible portions thereof, and shall detiver C6rliflcates or other evidence of insurance to CFS. The proceeds of such insurance, at the option of CFS, shall be appflBd to (a}
replace or repair the Equipment or (b) pay CFS the 'Remainllg lease Balance." For purposes of this Agreeman~ the "Remaining lease Balance. shall be the sum at O} all anounts then owed by CUsbrret to CFS
under this AQreemenl; (Ii) the present value of all remaining Payments for the fullterm of this Agreement; plus (ii~ any applicable !axes, expenses, charges and fees. For purposes of determining present value under this
Agreement, Payments shall be discounted at 6% per year. Customer hereby appoints CFS as Custome~s atlomey-in.facl to make claim for, receive payment of, and execute and endorse all documenls, checks, ordrafls
fat any loss or damage under any such insurance policy. If within ten {101 days after CFS's request, Cusklmerfails to deliver salisfaclory evidence of such insuralce to CFS, then CFS shall have the right. but nolthe
duty, to obtain insurance with respect to the Equipment satisfaclory Ie CFS, althe expense of the Customer. Customer here~y agrees that CFS shall ~e entiUed to ""lain any fees eamed by ft in connecllon with any
inSUrar1ce oblained under thIs Agreement For as long as neither Customer nor CFS lias obtained such insurance, Customer shall pay to CFS, upon demand, an amount equal to 5% of the Payment for each bitling
period.
14. LOSS DAMAGE: Customer assumes and shall bear the entire risk of loss, theft of, or damage to the Equipment from any cause whalsoever, effective upon deivery to Customer. No such loss, theft or damage &haU
relieve Customer of any obligation under this Agreement. In the event of damage to any item of EQulprrent Customer shall inmadlately repair such damage al Customer's expense. If any item of Equlpmentls lost,
stolen, or damaged beyond repair, Customer, althe option of CFS, will (a) reploce the same with like eqlipmenlln e condition acceptable 10 CFS and con~ clear title to such equipment to CFS (such equipment will
become 'Equipmenr subject Ie the terms of this Agreement), or (b) pay CFS the Remaining lease Balance. Upon CFS's receipt of the RemaiJing Lease Balance, CUstomer shal be enUUed 10 whatever internst CFS
may have in such item of Equipment In its then condition and location, wHhout warranties of any kind.
15. DEFAULT: Any of the following events or cooditions shall consmute an Event of Default under this Agreement (a) if Customer defaults in the payment wilen due of <I1Y indebtedness of Customer to CFS, whether or
not arlsll1g from this Agreement, withOl't notice (lr demand by CFS; (b) if Cuslompr or :my Gu. 2ranlor ceases doing !;1.J::inesz as a goin:; cor:ccm; (c) if Q;:;btr.er or any Guaranlor becomes j,1solveilt 0; makes an
assignment for the benefit of creditors; (d) ifa petition or proceeding is filed by or against Customer or any Guarantor under any bankruptcy or insolvency law; ie) ira receiver.lrustee,coosarvator, or fiquidator is
appointed for Customer, any Guarantor. or any of Customer's property; (Q if any stalemen~ representaUon orwarranly made by Customer or 8'1y Guarantorto CFS is lnCOfTecf In any material respect; or (g) if Customer or
any Guaranlordefaulls under any loan or credit agreemen~ or (h) it Customer or any Guaranlorwho is a natural person dies.
f6. REMEDIES: Upon the happening of anyone or more Events of Default CFS shall have the right to exercise any one or all of the foIowing remedies (which shall be cumulative), SilTllltaneousfy, orserlalty, and 11 any
order: (a) to declare aD unpaid Payments and other amounts due and payable under this Agreement with CFS relai1lng ti/Je to the Equipmen~ (b) 10 terminate any and aU 8ql'eemenls willl Customer; Ic) with or without
notia!, demand or legal process, 10 retake possessKm of any or an of the Equipment (and Customer authorizes and empowers CFS to enter upon the premises wherever the Equipment may be found) md (ij retain such
Equipment and aD Payments and other sums pakI under thfs Agreement (ii) re.lease the Equfpment and recover from Customer the amounl by which the Remaining lease Balance exceeds the value attributed to the
Equipment by CFS fo1 purposes of calculating the payments under the new agreement, or [ri~ sell the Equipment aoo recover from Customer the amount by which 1he Remaining lease Balance exceeds the net arnounl
receIVed by CFS from such sale; or (d) to pursue any other remedy permitted at law or In equity, CFS OJ rray dispose of the equipment In Its then present condition orfoDowing such preparation and processing as CFS
deems commercially reasonable; [N) shall have no du!y 10 prepare or process lhe Equ4>ment pOOr 10 sale; [Ii) may disclaim warran!les of title, possession, Quiet enjoymenl and the like; and [IV) may comply wiUr any
applica~e state or federal law reqUIrements in connection wiih a disposition of the Equipment and nor18 of the fo~lng actions shall be deemed 10 adversefy affect the oommarclal reasonableness of lha disposition of
Ole EQulpmenL In the event !he Equipment is not avaUable for sale, the Customer shan be 1ia~e fo1lhe Remaining lease Balance and MY other amounts due under this Agreement If the proceeds of the sale or
re.leasing of the Equipment are not sufficient to pay the balance of <I1Y Paymenls owed by Customer during its theJH:lJrrent appropria~on period, CFS may take any other remedy available at law or In equity to require
CUstomer to pay such Payments and perform any of its other obligations under this Agreement
17. LATE CHARGESi EXPeNSES OF ENFORCEMENT. If Customer fails to pay any sum (0 be paid by Customer to CFS under this Agreement on or before the applicable due date, Custorrer shal pay CFS, upon
demand, an amount equal to ten percenl (10%) ) of each such delayed Payment (X Iel'I dollars ($10.00) whichever Is greater for each billl1g period or portion of abil1ing period suCh Payment,is delayed to !he extent
permilled by law. The amounts specified above shaD be paid as IKjuidated damages and as cornpensa~Ol1 for CFS's internal operating expenses incurred 11 COflnection with such late payment. In addition, Customer shall
relrTturse CFS for aU of its out..of-pocketeosts and expenses ilcurred In exercJslng any of its rights or remedies under this Agreenvmlor il enforci'lg any of the terms or provisions of this AQreement, including, without
Iinltalioo, reasonable attorney's fees and expenses and fees arid expenses of coDeclion agencies, whether or oot sui Is brought ]f CFS should bring court action, CUstomer and CFS agl98ll1at attorney's fees equal to
twenty-fIVe percent (25%) of the amount sought by CFS shall be deemed reasonable for purposes of this AgreemenL
f8. ASSIGNMENT: CUSTOMER SHAll NOT ASSIGN OR PLEDGE THIS AGREEMENT IN WHOlE OR IN PART, NOR SHALL CUSTOMER SUBLET OR LEND Am ITEM OF EQUIPMENT WITHOUT THE PRIOR
WRITTEN CONSENT OF CFS. CFS may pledge or 1ransfer lhis Agreement. If CFS transfers this agreement CFS sheU acl as Cusfomer's agent foI' purposes of keepi1g a written record of such 1ransfer in accordance
. with Section 149{a) of the Internal Revenue Code of 1986, as amended, and upon Customer request CFS shaM deliver the new owner's narne fa Customer. Customer agrees that if CFS transfers this Agreement the new
owner wiU have lhe same rilhts and benefits that CFS has now and will not have to perform any of CfS's ob~gaOOns. Customer agrees that the rights of the new owner will not be subject to any claims, defenses, or
seklfIs that Customer may ave against CFS, including, without limltafion, claims, defenses, or sel.offs arising out of service obligations, f any, uocIer this Agreement If Customer is given notice of any such transfer,
Customer agrees, If so directed therein, to pay directly to the new owll8r all or any part of the anounts payable hereUllder.
f9. RETURN: If CUstomer terminates the lease of any item of Equipment as described in the Fiscal Funding provision hereof, Customer shan return such Equipmenl at its sole cost and expense In good operating
condition, ordinary wear and lear resulting from proper usa excepted, to a location specifl8d by CFS.lffor any Ieason Customer shall rail to lelllm the Equipment to CFS as provlded 11 this Agreemen~ Customer shaD pay
10 CFS upon demand one billing period's Paymanl for each billing period or portion lhereofthat such delivery is delayed.
20. OWNERSHIP OF EQUIPMENT: For any item of Equipmenl, upon paymenl In full of all Payments and other amounts due under this Agreement at the end of the scheduled woo. CFS' security Interest shalt be
deemed reteased and Customer shaD be entitled to whatever Interest CFS may have in such item of Equipment ilcluding title to such Equipment, irfits then condilion and Ioca~OlI, wilhoutwarranlies of any kind.
21. WARRANTY OF BUSINESS PURPOSE: Customer represents and warrants Illatthe Equipment will 1101 be used for personal, famify, or household purposes.
22. PERSONAL PROPERTY: The Equipment shall remain personal properly regardless ofwhether it beoomes affixed to real properly or permanently rests upon My real property or any inprovement to real property.
23. MAXIMUM INTEREST; RECHARACTERlZED AGREEMENT: No Payment is intended to exceed the maxinum amount of lime price differential or ilteres~ as appIk:able, pemitted to be charged or collected by
applicable laws, md any such excess Payment w~1 be appned to payments due under thls Agreemen~ in inverse order of maturity, and thereafter shaR be refunded. If this Agreement Is recharacterized as a conditional
sale or loan, Customer hereby grants to CFS, its sutceSSOl'S and asSigns, a seallity llterest in the Equipment tl secure paymenl and performance of Customer's obligations under this .6oreemenL
24. UCC . ARTICLE 'lk CUSTOMER ACKNOWlEDGES AND AGREES THAT HilS AGREEMENT IS INTENDED AS A 'ANANCE lEASE' AS THAT TERM IS DEANED IN ARTIClE 2A OF THE UNIFORM
COMMERCIAL CODE AND THAT CFS IS ENTlTLEO TO ~llBENF.FITS, PRMlEGES. AND Pp.OTECTlmJS O~ A LESS~ UNDER A RNANCE LEASE.
25. WAIVER OF OFFS~. This Agreement is a net lease. If the ~uipment is not P':OJ;IBrlY instaned, do~s not operate as re~ted 01 warranted, Of Is unsatisfactory for B!"y reason, Customer sluil.'!JSka sLJCh claim
solely against the supplier, dealer, ormanufCK:turer. Customerwarves allY and aU exiSting aid future clauns ood offsets tr;Iams! <I1Y Payments or other charges due uOOer'lhlS Agraernen~ and IJreondltionaRy agrees to
pay such Payments and other charges, regardless of any offset or claim which may be asserted by Customer oron its behalf.
26. NOTICES: All nollces required or permitted under this Agreerr.ent shall be sufficient if delivered personatfy, sent via facsmi\e, or m~ lo such party at the a:Idress set forth in this Agreement. 01' at such other
address as such party may designate in writing from time to ~me. Any notice from CFS to Customer shaI be effective three days alter it has been deposited in the mai~ duly addressed. All notices to CFS from Customer
shaR be effective afIet it has been received via U.S. Mail, express delivery, or facsimile machine.
27. AUTHORITY AND AUTHORIZATION: Customer represents and agrees that (a) Cutitomer is a slate or a pol!llcal subdlvislon or agency of a state; (b) !hat entering ilto tIld performance of the Agreement is
authorized underCuslomer's state laws and Constitooon and does not violate orconlradictany judgment, law, order, or regulation, orcause any defauft under any agreement 10 which Cuslr:mer is party; and (e) Cuslomer
has comp6ed with any bIdcling requirements and, where necessary, has propecly presenled this Agreement tlr approval and edoption as 8 valid obtigalion on Customer's part Upon reques~ Customer agrees 10 provide
CFS with an opinion ofcounsel as to clauses (8) through Ic) above, an incumbencycertificce, and other documents that CFS may reques~ with aD such documents bOOg in a form satisfactory to CFS.
28. FACSIMILE ACCEPTANCE: Customer agrees that CFS may a:cepl a facsirTIIle copy of this Agreement or <I1Y Acceptance Certificate as an origJna~ and !hat facsimile copies of Cu&!omen signature will be trealOO
as an original for alJ purposes.
29, NON-WAIVER: No waiver of any of CUstomer's obDgations, condilions or covenants shan be effective unless contained in a writing signed by CF5. Failure to exerdsa any remedy which CFS may have shaU not <:t
oonslMB a waiverof any obligation with respect to which Customer is in default. <.J
30. MISCEUANEOUS: If there shoold be more lhan one party executing this Agreement as Customer, aR oblgations to be performed by Cus\orn9r shall be the joinl and several 6ablity of aa such parties. The
Customer's represenlations, warranties, and covenanls under lhls Agreement shaU survive t/ledelivery and retum oflhe Equipmenl Any provISion oftlis ""reemenl which may be determined by compctentaulhority to ....
be prohibited or unenfort:eable il any jurisdiction shaa, as to such jUrisdicoon, be Ineffective to the extent of such prohibilioo or ooen!orceabiflty wrthout ilvaIidating !he remainIng prtMsions of !his ,6(jreement No such oJ
prohibition or unenforceablJily in anyjurisdiclion shall invaUdate or render unenforceable such provision il anyotherjlJrisd'lCtion. ""IS
31. GOVERNMENT USE: Customer agrees that (a) Customer wiD comply wtth aR Information reporting requiements ofllle Intema! ReveIll.l8 Code of 1986, as amended, includilq but nollimited IDthe execution and ~7>.
~ to CFS ofinformaLioo r!{X!rting stalements requested by CFS, (b) Customer wi; not 00, cause tl be done, orfallto do.y act if such azt wlU causa lhe Inletest portion oft/le Payments to be or to become subject :t
to Fed8raI inl:on'lI faxation, and (c) the usa of lhe EqUipment is essen~al for Customer's proper, eflic:Ientoodeoonomic operation, CustornerwIJ be lIle only enlily to usa the equipment during the term oflhis ""reament _
and CusIomerwm use the Equipment only br CUstomer's governmenlal purposes. Upon reques~ Cuslomer agrees 10 proWde CFS with an essenllal use Ielfer in a form satlsfacbry 10 CFS as to clause (c) above. 0:::
32. GOVERNING LAW: VENUE; WAIVER OF JURY TRtAL: THIS AGREEMENT HAS BEEN EXECUTED BY CFS IN, AND SHAll FOR AlL PURPOSES BE DEEMED A CONTRACT ENTERED INTO IN, THE STATE:1
OF NEW JERSEY. THE RIGHTS Of THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE Of NEW JERSEY WITHOUT REFERENCE TO CONfliCT OF uw-
PRINCIPLES. ANY ACTION BETWEEN CUSTOMER AND CFS SHALL BE BROUGHT IN ANY STATE OR FEDERAl COURT LOCATED IN THE COUNTY Of et: lB.]l EiR BI::IRelflGl'8fl, IlEi.V JGnSe\',-cm: AT
CF$' SOLE OPTION, IN THE STATE WHERE THE CUSTOMER OR THE EQUIPMENT IS lOCATED. CUSTOMER. BY ITS EXECUTION AND DEUVERY HEREOF, IRREVOCABlV WAf\lES OBJECTIONS TO THE
JURlSOICTIDN OF SUCH COURTS AND OBJECTIONS TO VENUE AND CONVENIENCE OF FORU"" CUSTOMER, BY ITS EXECUTION AND DCUVERY HEREOF. AND CFS BY ITS ACCEPTANCE HEREOF.
HEREBY WAIVES Am RIGHT TO A JURY TRIAL IN ANY SUCH PROCEEDINGS.
as.10C5(08I04) INTIAL:----,-
FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
TEMECULA COPIERS
COPY MACHINE MA/NTENANCE, SERVICE AND PERFORMANCE AGREEMENT
THIS FIRST AMENDMENT is made and entered into as of February 22, 2005 by and
between the City of Temecula, a municipal corporation ("City") and Temecula Copiers
(Vendor"). 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 March 27, 2002, the City and Vendor entered into that certain
agreement entitled "City of Temecula Agreement for Copy Machine Maintenance, Service, and
Performance Agreement in the amount of $115,290.00.
B. The parties now desire to increase the payment for services in the
amount of $ Twenty Two Thousand Dollars and no cents (22,000.00) plus a 10% contingency
and amend the Agreement as set forth in this Amendment.
C. The parties now desire to extend the term of the agreement through June
30, 2005.
2. Section 4 Payment of the Agreement is hereby amended to read as follows:
A. The City agrees to pay Vendor monthly, in accordance with the services
described in Exhibit A and payment rates and schedules and terms as set forth in Exhibit Band
attached hereto and incorporated herein by this reference as though set forth in full. The first
amendment amount shall not exceed Twenty Two Thousand Dollars and no cents ($22,000.00)
plus a 10% contingency for additional copy machine maintenance and service for a total
contract amount of One Hundred Thirty Seven Thousand Two Hundred Ninety Dollars and no
cents ($137,290).
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
R:/purchasing/agreements.aIl/Canon Copiers 2005 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
BY:
Jeff Comerchero, Mayor
ATTEST:
BY:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
VENDOR:
Temecula Copiers
41892 Enterprise Circle S. Suite F
Temecu/a CA 92590
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
(Two Signatures Required For Corporations)
R:/purchasing/agreements.a1I1Canon Copiers 2005 2
EXHIBIT A
CITY OF TEMECULA
REQUEST FOR PROPOSAL
Photo Copier Maintenance, Service and Performance Contract
Specifications / Scope of Work
1. EQUIPMENT TO BE REPLACED: None of the existing equipment will be removed
until the new equipment has been delivered, installed, and accepted by the City. The
successful Vendor will provide delivery, installation, training, and supplies (excluding
paper). All costs for such services will be included in the Vendor's cost proposal and
subsequent contract price schedule(s).
2. COPIER REQUIREMENTS: Each model of copier offered under this proposal, or added
during the term of the contract, shall comply with all the general requirements stated
herein, plus those specific requirements for individual departments that are applicable.
Each model of copier offered shall perform in an acceptable manner under all working
conditions appropriate to the site installed, including, but not limited to: multiple users,
environmental differences, and extended hours of use (up to 24 hours/day, 7
days/week).
Copiers shall be new with no used or refurbished parts (demonstrator copiers are
considered used and are not acceptable for the purpose of this proposal), state-of-the-
art equipment, with recommended volumes of the manufacturer, and at least equal in
c.p.m. performance and capability to those listed in this Exhibit A requirement. All
copiers should be from the same manufacturer in order to facilitate service and supply
availability and operator training. Consoles or stands will be required as needed for any
machine offered, if necessary. Unless otherwise detailed in the Vendor proposal, the
equipment proposed hereunder shall include all peripheral equipment and installation
material needed to provide a turn-key system that meets all terms, conditions, and
specifications herein.
Any digital copiers to be networked must be Netware 5.0, NDPS, and Windows 2000
compatible with a 10/1 OOBase TX Ethernet connection.
All appliances, devices, equipment, and related materials shall be identified, approved,
labeled, and listed by nationally recognized qualified testing laboratories. These
approvals shall state the appliances or materials meet appropriate standards and have
been tested and found suitable for the use as specified.
Equipment must be furnished with all protection devices in accordance with the
requirements of CAL-OSHA in effect at the time of delivery. All equipment must also
meet all "Energy Star" specifications for energy efficiency. In addition, all equipment shall
either have built-in surge protection devices or else Vendor must provide surge
protectors at no additional cost to the City.
3. COPIER PERFORMANCE: Each copier and features supplied by the successful
Vendor will be expected to perform their intended functions, operate satisfactorily, and
produce copies of acceptable quality for a minimum of 90% of the available work time.
Any copier feature that does not meet the 90% measurement for any thirty (30)
consecutive days (week-ends included), or is un-repairable shall be replaced with a
-7 -
copier of the same or better specifications at no additional cost. The Director of Support
Services for the City shall be the final authority for determining when a copier must be
replaced due to unsatisfactory performance.
4. MAINTENANCE SERVICE REQUIREMENTS: The Vendor will provide preventative
and remedial maintenance service during the City's normal working hours - 8:00 a.m. to
5:00 p.m., Monday through Friday. Preventative maintenance shall be performed in
accordance with the manufacturer's specifications. On-call remedial maintenance shall
be provided on an "as needed" basis as determined by the City. The vendor shall have
an adequate inventory of spare parts immediately available for repairs and keep all
equipment operating at least 90% of the available work time. In a situation where the
delivery of an out-of-stock part is anticipated to take more than twenty-four (24) hours,
the Vendor shall provide a temporary back-up copier of similar specifications at no
charge to the City if requested. Copier maintenance shall be performed by fully trained,
and qualified technicians. The Vendor will furnish, install, and maintain all equipment in
accordance with manufacturers specifications. The City shall not be charged for copies
made by the maintenance repair technicians during preventative or remedial
maintenance service. The capability to stop the copy counter when ideally, the cost for
maintenance service should, at a minimum, include: labor, transportation, all
replacement parts, black starter, imaging units as required, black toner, developer, fuser
oil, fuser lubricants, fuser agents, cartridges, drums and shipping costs for replacement
parts, and standard equipment and supplies.
5. RESPONSE TIME: Vendor shall provide a local telephone number where service
personnel can be reached on an "on call" basis, Monday through Friday 8:00 a.m. to
5:00 p.m. The Vendor shall respond on-site to verbal service calls within nine (g)
workday hours after notification of malfunction from the City. All equipment must be
repaired, or replaced with a loaner if requested, within twenty-four (24) hours of
notification of equipment failure.. - .
6. REPORTS: The Vendor shall supply monthly reports showing the monthly volume
usage by the City at each copier installation. Each copier shall be identified in the report
by the location, copier model, and serial number. It shall also contain: the period of time
covered for the monthly volumes, and actual monthly meter readings. The Vendor shall
also provide semi-annual reports displaying the maintenance service history at each
copier installation. The maintenance summary shall include:
Date and time each service call was received by the Vendor.
Date and time Vendor dispatched a service technician.
Description of problem.
Description of repair.
Indication of when repair was completed.
Meter readings at time of repair.
Average number of copies made between service calls.
The City reserves the right to request reports on individual copiers any time a review is
required during the contract period. These reports shall be provided to the City at no
additional cost and mailed to:
City of T emecula
Attn: Frank Carranza
POBox 9033
Temecula, CA 92589-9033
- 8-
7. DELIVERY: The Vendor shall deliver each copier to the site specified by the City and
install and make ready for use. All copiers shall be delivered, installed and made ready
for use no later than thirty (30) days from date of order. The Vendor shall be expected to
provide the City written confirmation of delivery date, type, model number, and serial
number of copiers delivered to the City within seven (7) days following installation.
8. DELIVERY COORDINATION: The selected Vendor shall provide the City a
delivery date and schedule for the equipment to be installed at the time of contract
execution. This is important. as the City will need to coordinate the removal of the
existing equipment with the delivery of the new equipment. It shall be the Vendor's
responsibility to examine each d~livery site and to advise the City of any safety, space,
or special requirements that are to be met prior to delivery of equipment. It shall be the
City's responsibility to have the site properly prepared for the delivery of equipment. If
any special electrical requirements (e.g. surge suppresser's, isolation transformers,
surge protectors, power filters, or dedicated lines, etc.) are required by the Vendors
equipment, the coordination, special equipment and costs to comply with these
requirements will be the sole responsibility of the Vendor.
g. TRAINING: Training shall be provided to the personnel of the delivery sites on the
same day or within a day following the delivery of equipment. Training shall be provided
as often as required at no additional charge to the City. Training shall include
instructions on the proper use of the equipment and features, briefing on the safety
precautions, how to load paper or toner, and how to clear paper jams. The technician
shall also brief the City Central Services Coordinator on the higher level equipment
operation and provide a telephone number, serial number, and/or customer number to
place service calls and supply orders.
10. INVOICING: Vendor shall prepare separate invoices for each copier installation on a
monthly basis in arrears, showing a minimum of the following information:
a. Invoice date and number.
b. Purchase Order number.
c. Location, make, model and serial number.
d. Number of copies invoiced.
e. Current and previous meter readings.
f. Date of meter readings.
It shall be the Vendor's responsibility to establish procedures with the City Central
Services Coordinator to obtain the meter readings from using departments. Invoices
must be submitted to:
City of T emecula
Attn: Accounts Payable
POBox 9033
Temecula, CA 92589-9033
Note: City payment terms are net 30 days upon receipt of approved invoice.
-9 -
EXHIBIT B
Temecula Copier Service Rate Schedule
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AGREEMENT
BETWEEN CITY OF TEMECULA AND
TEMECULA COPIERS FOR
COPY MACHINE MAINTENANCE, SERVICE AND PERFORMANCE AGREEMENT
THIS MAINTENANCE and SERVICE CONTRACT, made and entered into as of
July 1, 2005 by and between the City of Temecula, and Temecula Copiers ("Vendor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM. This Agreement -shall commence on July 1, 2005 and shall remain and
continue in effect until June 30, 2009 unless sooner terminated pursuant to the provisions of this
Agreement.
2. SCOPE OF WORK. Vendor shall perform all of the work described in the Scope
of Work, attached hereto and incorporated herein as Exhibit A. ("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.
3. PAYMENT. The City agrees to pay Vendor monthly, in accordance with the
payment rates and schedules and terms as set forth in Exhibit B, 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 Eighty Eight Thousand Eight Hundred Eight
dollars and no cents ($80,808.00) for the first one year term of the Agreement unless additional
payment or change order is approved as provided in this Agreement.
a. Vendor shall submit invoices monthiy 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 Vendor's fees it shall give written notice to Vendor within 30
days of receipt of invoice of any disputed fees set forth on the invoice.
4. CHANGE ORDERS. The City Manager may approve additional payment up to
ten (10%) of the amount of the Agreement, but in no event shall the total sum of the agreement
exceed twenty-five thousand dollars ($25,000.00). Change orders exceeding these limits shall
be approved by the City Council.
5. PERFORMANCE. Vendor shall at all time faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged
in providing similar services as are required of Vendor hereunder in meeting its obligations
under this Agreement.
6. 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.
7. WAIVER OF CLAIMS. On or before making final request for payment under
Paragraph 3., above, Vendor shall submit to City, in writing, all claims for compensation under
or arising out of this contract; the acceptance by Vendor of the final payment shall constitute a
P\agreement samples\minor maintenance.2003
waiver of all claims against the City under or arising out of this Contract except those previously
made in writing and request f or payment. Vendor 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
diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Vendor 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. Vendor shall post a copy of such wage
rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Vendor
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, Vendor 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 sub Vendor under him, in violation of the
provisions of the Contract.
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 Vendor at least ten (10)
days prior written notice. Upon receipt of said notice, the Vendor 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 t his Agreement is terminated pursuant tot his Section, the
City shall pay to Vendor 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 Vendor will submit an invoice to the City pursuant to Section 3.
10. DEFAULT OF VENDOR.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Vendor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Vendor for any
work performed after the date of default and can terminate this Agreement immediately by
written notice to the Vendor. If such failure by the Vendor to make progress in the performance
of work hereunder arises out of causes beyond the Vendor's control, and without fault or
negligence of the Vendor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Vendor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Vendor with written notice of the default. The Vendor 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 Vendor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
11. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the
P\agreement samples\minOT maintenance.2003
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 Vendor'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. Vendor 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 Vendor, 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 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. Vendor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodiiy 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 separateiy 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. Acceptabilitv 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 Coveraae. Vendor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to
be received and approved by the City before work commences.
e. Vendor, 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 a gainst liability f or Workman's Compensation 0 r
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.
P\agreement samples\minor maintenance.2003
14. INDEPENDENT VENDOR. Vendor is and shall at all times remain as to the
City a wholly independent Vendor. The personnel performing the services under this
Agreement 0 n behalf 0 f Vendor s hall a t a II times be under Vendor's exclusive direction and
control. Neither the City nor any of its officers, employees or agents shall have control over the
conduct of Vendor or any of Vendor's officers, employees or agents, except as set forth in this
Agreement. Vendor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Vendor shall
not incur or have the power to incur any debt, obligation or liability whatever against the City, or
bind City in any manner.
a. No employee benefits shall be available to Vendor in connection with the
performance of this Agreement. Except for the fees paid to Vendor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Vendor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Vendor for injury or sickness arising out of performing services hereunder.
15. LEGAL RESPONSIBILITIES. The Vendor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Agreement. The Vendor shall at all times
observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply
with this section.
16. VENDOR'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 Vendor 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. VENDOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Vendor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all sub Vendors 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 Vendor
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. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
P\agreement samples\minor maintenance.2003
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. BOOKS AND RECORDS. Vendor'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.
21. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
22. REGIONAL NOTIFICATION CENTERS. Vendor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
23. DISCRIMINATION. Vendor 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.
24. 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 (i) personal
service, (i1) 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:
To City:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Vendor:
Temecula Copiers
41892 Enterprise Circle S. Suite F
Temecula CA 92590
25. ASSIGNMENT. The Vendor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City.
26. LICENSES. At all times during the term of this Agreement,
Vendor shall have in full force and effect, all licenses required of it by law for the performance of
the services described in this Agreement.
27. GOVERNING LAW. The City and Vendor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal City court with
jurisdiction over the City of Temecula.
28. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the 0 bligations 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
P\agreement samples\minor maintenance.2003
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 Vendor warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Vendor and has the authority to bind
Vendor to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
BY:
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
VENDOR
Temecula Copiers
41892 Enterprise Circle S. Suite F
Temecula CA 92590
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
P\agreement samples\minor maintenance.2003
ITEM 9
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Peter Thorson, City Attorney
DATE: February 22, 2005
SUBJECT: Approval of First Operating Agreement for Development Agreement for Auto Mall
Properties Providing for the Rescheduling of the Submission of New Subdivision
Bonds and the Release of Existing Subdivision Bonds
RECOMMENDATION: That the City Council take the following actions:
1. Approve that certain agreement entitled "FIRST OPERATING MEMORANDUM
TO THE RECORDED DEVELOPMENT AGREEMENT BETWEEN NORTH
PLAZA, LLC. AND THE CITY OF TEMECULA" and authorize the Mayor to
execute the First Operating Memorandum in substantially the form presented;
and
2. Adopt a Resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CONDITIONALLY RELEASING SUBDIVISION BONDS
BACKGROUND: On December 16, 2003, North Plaza, LLC., and CityofTemecula entered into
a development agreement pursuant to California Government Code ~65864 et seq (the
"Development Agreemenf') for approximately 42 acres of undeveloped property along the 1-15
Freeway ("Property"). The Development Agreement provides for the development of the Property
for a new Auto Mall which will accommodate five new auto dealerships. The Development
Agreement also provides for new public roads and a new flood control channel on the south em end
of the Property.
"North Plaza, LLC." was an original party to the Development Agreement. Pursuantto the Order of
the United States Bankruptcy Court, Southern District of California, in the case of /n re North Plaza,
LLC., dated as of December 1, 2004 ("Bankruptcy Court Order"), DCH Investments, Inc. is in escrow
to purchase the Property from North Plaza, LLC. Escrow is expected to close shortly after the
approval of this First Operating Memorandum.
R:/Agenda Reports/Auto Mall Operating Agreement 2 22
The City is holding Subdivision Bonds securing the roads and other public improvements which the
developer of the Property is required to install under the Development Agreement. As a result of the
complications of the Bankruptcy of North Plaza, LLC., the City is being requested to release the
Subdivision Bonds so that the surety will release its deed of trust securing the Subdivision Bonds as
a condition for the close of Escrow. The City can release the Subdivision Bonds but only if it is able
to obtain comparable contractual security that development will not occur on the Property until such
time as replacement subdivision bonds are accepted. The First Operating Memorandum provides
that security to the City. Under the First Operating Memorandum, DCH will not be allowed to submit
applications for grading permits, development permits, building permits or any other land use
applications until the new Subdivision Bonds are in place. The First Operating Memorandum will run
with the land and bind the new dealers who will become subsequent owners of the various new
pa rcels.
Section 2.6.4 of the Development Agreement authorizes Owner and the City to approve an
"Operating Memorandum which does not constitute an amendmenf' to the Development Agreement,
in order to implement the Development Agreement or provide for "changes, adjustments, or
clarifications [that] are appropriate to further the intended purposes" of the Development Agreement.
This First Operating Memorandum furthers the purpose of the Development Agreement by providing
adjustments to provide for the adjustment of the schedule for the posting of subdivision bonds
required the Development Agreement.
FISCAL IMPACT:
None
ATTACHMENTS:
1. First Operating Memorandum to the Recorded Development
Agreement Between North Plaza, LLC., and the City of Temecula;
2. Resolution
R:/Agenda Reports/Auto Mall Operating Agreement 2 22 2
Recording Requested By
and
When Recorded Mail To:
CITY OF TEMECULA
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
Attn: City Clerk
(Exempt from filing fee pursuant to
Government Code 927383)
SPACE ABOVE FOR RECORDER'S USE ONLY
FIRST OPERATING MEMORANDUM TO THE RECORDED
DEVELOPMENT AGREEMENT BETWEEN NORTH PLAZA LLC AND
CITY OF TEMECULA
(AUTO MALL PROPERTIES)
This First Operating Memorandum to the Recorded Development Agreement Between
North Plaza LLC and City of Temecula ("Memorandwn") is made and entered into as of this
22nd day of February, 2005, by and between DCH INVESTMENTS, INC., (CALIFORNIA) a
California Corporation, successor in interest to North Plaza LLC ("DCHn) and CITY OF
TEMECULA, a California municipal corporation ("City"), with reference to the following:
RECITALS
A. On December 16,2003, North Plaza, LLC, and City of Temecula entered into a
development agreement pursuant to California Government Code 965864 et seq (the
"Development Agreement"). The Development Agreement was recorded in the Official Records
of Riverside County as Docwnent No. 2004-0046942. The Development Agreement has not
been amended.
810144.1 February 15, 2005
B. The Property which is the subject of the Development Agreement consists of
approximately 42 acres along Interstate 15 in the City of Temecula and is described on
Attachment I, attached hereto and incorporated herein by this reference as though set forth in full
("Property").
C. "North Plaza LLC" was an original party to the Development Agreement.
Pursuant to the Order of the United States Bankruptcy Court, Southern District of California, in
the case of In re North Plaza, LLC dated as of February 3, 2005 ("Bankruptcy Court Order"),
DCH is in escrow to purchase the Property from North Plaza LLC. Escrow is expected to close
shortly after the approval of this First Operating Memorandum. The escrow holder is Stewart
Title Co. , 505 North Brand BI., Suite 800-A Glendale Ca.91203, Josette Loaiza, Escrow Officer,
Escrow No. 04110297 (the "Escrow").
D. The City has consented to the purchase of the Property by DCH.
E. The City has consented to the sale of certain parcels within the Property by DCH
to various automobile dealers, the "Initial Transferees," for the development of automobile
dealerships.
F. City is holding the following bonds securing the Public Improvements (as
described in Section 5.2.1 ofthe Development Agreement) as required by Section 5.4 of the
Development Agreement (collectively the "Subdivision Bonds"): (I) Bond No. 14841 89 in the
amount of $1 ,860, 168.00 to cover the Empire Creek Storm Drainage Improvements for faithful
performance; (2) Bond No. 147 41 89 in the amount of $930,084.00 to cover the Empire Creek
Storm Drainage Improvemen1s for labor and materials; (3) Bond No. 1474190 in the amount of
$1,041,184.80 ($904,149.60, $110,664.00, and $26,371.20, respectively), to cover streets,
drainage, water, and sewer improvements for faithful performance for the interior streets; (4)
Bond No. 14841 90 in the amount of $520,592.40 ($452,074.80, $55,332.00, and $13,185.60,
respectively) to cover streets, drainage, water, and sewer improvements for labor and materials
for the interior streets; (5) Bond No. 14741 91 in the amount of $9,804.00 for subdivision
monumentation; and (6) Bond No. 14741 92 in the amount of$157,950 for traffic signal
mitigation. The Surety for the Bonds is Insurance Company of the West and the Principal is
North Plaza LLC. The City will need to release the Subdivision Bonds so that the Surety will
release its deed of trust securing the Subdivision Bonds as a condition for the close of Escrow.
The City is willing to release the Subdivision Bonds provided it is able to obtain comparable
contractual security that development will not occur on the Property until such time as
replacement subdivision bonds are accepted.
G. Section 2.6.4 of the Development Agreement authorizes Owner and the City to
approve an "Operating Memorandum which does not constitute an amendment" to the
Development Agreement, in order to implement the Development Agreement or provide for
"changes, adjustments, or clarifications [that] are appropriate to further the intended purposes" of
the Development Agreement. This First Operating Memorandum furthers the purpose of the
Development Agreement by providing adjustments to provide for the adjustment of the schedule
for the posting of subdivision bonds required the Development Agreement.
810144.1 February 12,2005
2
NOW, THEREFORE, in consideration of the promises set forth in this First Operating
Memorandum and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, CITY and DCH hereby agree as follows:
I. Recitals. The above recitals are true, correct, and a part of this First Operating
Memorandum.
2. Definitions. All terms defined in the Development Agreement shall have the
same meanings in this First Operating Memorandum.
3. Release of Subdivision Bonds. City has adopted Resolution No. 05-_
concurrently with its approval of this First Operating Memorandum which conditionally releases
the Subdivision Bonds with the close of Escrow. City will deposit a certified copy of this
resolution in Escrow.
4. Replacement Subdivision Bonds Required for Development on Property.
A. DCH agrees, on behalf of itself and its successors and assigns in the
Property, that DCH shall caused to be furnished to the City good and sufficient surety bonds in
favor of the City for the purposes of securing the construction and installation of the Subdivision
Improvements as provided in Section 5.4 of the Development Agreement as soon as
commercially practicable following the close of Escrow.
B. DCH further agrees, on behalf of itself and its successors and assigns in
the Property, that the City shall not be obligated to accept or process any application for a land
use entitlement, including, without limitation, grading permits, development approvals, building
permits, or other land use entitlements for the Property, or any portion of the Property, nor shall
the City issue any grading permit, development permit, building permit, or other land use
entitlement for the Property, or any portion thereof, until such time as the replacement
subdivision bonds have been furnished to the City in accordance with the provisions of Section
5.4 of the Development Agreement. Nothing in this First Operating Agreement is intended to
nor shall it be construed to limit in any way the City's remedies for breach of the Development
Agreement, including without limitation, those set forth in Section 11.3 of the Development
Agreement.
C. City further agrees to accept the required subdivision bonds from DCH's
contractor for the Subdivision Improvements, provided the bonds otherwise comply with the
requirements of Section 5.4 of the Development Agreement and provide City with the full extent
of security for construction and installation of the Subdivision required by Section 5.4 of the
Development Agreement. DCH further acknowledges and agrees that notwithstanding that is
contractor may be the obligor under the Subdivision Bonds, it remains contractually liable to the
City to construct and install the Subdivision Improvements.
5. General Provisions.
A. Pursuant to Section 2.6.4 of the Development Agreement, this First
Operating Memorandum shall be attached to the Development Agreement as an addendum and
thereafter become part of the Development Agreement.
810144.1 February 12,2005
3
8. As part of the Development Agreement, this First Operating Memorandum
shall bind and inure to the benefit of the parties' successors, transferees and assignees to the
same extent as the original Development Agreement. The covenants and restrictions contained
herein shall run with the land and shall be a burden upon the Property and shall be enforceable
by the City, its successors in interest and assigns, against the DCH and the DCH's successors in
interest and assigns. This First Operating Memorandum shall be recorded in order to ensure that
subsequent owners of the Property are bound hereby. The parties agree that recordation is proper
as a conveyance restriction under Government Code ~27281.5.
C. This First Operating Memorandum constitutes the entire agreement
between the parties with respect to the subject matter hereof, and the First Operating
Memorandum supercedes all previous negotiations, discussion, and agreement between the
parties to this First Operating Memorandum with respect to its terms, and no parol evidence of
any prior or other agreement shall be permitted to contradict or vary the terms hereof.
D. Except for the terms specifically set forth in this First Operating
Memorandum modifying the terms of the Development Agreement, all other terms and
conditions of the Development Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, CITY and DCH have signed and entered into this
Memorandum as of the day and year first above written.
CITY OF TEMECULA,
a municipal corporation
Jeff Comerchero
Mayor
ATTEST:
Susan Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
810144.1 February 12,2005
4
DCH INVESTMENTS, INC., (California), a California
corporation
By
Name:
Title:
By
Name:
Title:
810144.1 February 12,2005
5
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of , 2005 before me, , a
Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their
signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this _ day of , 2005 before me, , a
Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their
signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
810144.1 February 12,2005
6
810144.1 February 12,2005
ATTACHMENT 1
DESCRIPTION OF PROPERTY
7
PM. 23496
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EXHIBIT A
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CONDITIONALLY RELEASING SUBDIVISION
BONDS FOR THE NORTH PLAZA, LLC. PROPERTY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines and
declares that:
A. On December 16, 2003, North Plaza, LLC., and City ofTemecula entered
into a development agreement pursuant to California Government Code ~65864 et seq (the
"Development Agreement"). The Development Agreement was recorded in the Official Records
of Riverside County as Document No. 2004-0046942. The Development Agreement has not
been amended.
B. The Property which is the subject of the Development Agreement
consists of approximately 42 acres along Interstate 15 in the City of Temecula as described in
the Development Agreement ("Property").
C. "North Plaza, LLC." was an original party to the Development Agreement.
Pursuant to the Order of the United States Bankruptcy Court, Southern District of California, in
the case of In re North Plaza, LLC., dated as of December 1, 2004 ("Bankruptcy Court Order"),
DCH Investments Inc. (California) is now in escrow to purchase the Property from North Plaza,
LLC. Escrow is expected to close shortly after the approval of this First Operating
Memorandum. The escrow holder is Stewart Title Co., 505 North Brand BI., Suite 800-A
Glendale Ca.g1203, Josette Loaiza, Escrow Officer, Escrow No. 0411 0297 (the "Escrow").
D. City is holding the following bonds securing the Public Improvements (as
described in Section 5.2.1 of the Development Agreement) as required by Section 5.4 of the
Development Agreement (collectively the "Subdivision Bonds"): (1) Bond No. 14841 89 in the
amount of $1,860,168.00 to cover the Empire Creek Storm Drainage Improvements for faithful
performance; (2) Bond No. 14741 89 in the amount of $930,084.00 to cover the Empire Creek
Storm Drainage Improvements for labor and materials; (3) Bond No. 14741 gO in the amount of
$1,041,184.80 ($904,149.60, $110,664.00, and $26,371.20, respectively), to cover streets,
drainage, water, and sewer improvements for faithful performance for the interior streets; (4)
Bond No. 14841 gO in the amount of $520,592.40 ($452,074.80, $55,332.00, and $13,185.60,
respectively) to cover streets, drainage, water, and sewer improvements for labor and materials
for the interior streets; (5) Bond No. 147 41 91 in the amount of $9,804.00 for subdivision
monumentation; and (6) Bond No. 147 41 92 in the amount of $157,950 for traffic signal
mitigation. The Surety for the Bonds is Insurance Company of the West and the Principal is
North Plaza, LLC. A copy of the Subdivision Bonds is attached hereto as Exhibit A.
E. The City will need to release the Subdivision Bonds so that the Surety will
release its deed of trust securing the Subdivision Bonds as a condition for the close of Escrow.
F. Concurrently with the adoption of this Resolution, the City Council entered
into the First Operating Memorandum with DCH which provides for the furnishing of
R:/Resos 2005/Resos 05-_
replacement Subdivision Bonds and imposing additional security measures pending receipt of
the replacement bonds.
Section 2. The City Council of the City of Temecula hereby releases the Subdivison
Bonds.
Section 3. This resolution shall be effective upon the close of Escrow and
recordation of the First Operating Memorandum. The City Clerk shall deposit a certified copy of
this Resolution in Escrow.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 22"d day of February, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 22"d day of February, 2005 by the following
vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos 2005/Resos 05-_
2
. ... 19
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( -)
( )
CITY OF TEMECULA
BOND NO. 148 41 89
SUBDIVISION FAITHFUL"PERFORMANCE BOND PREMIUM: $30,903.00
WHEREAS, the City of Temecula, State of California, and N()~"'f1 PLl\n I,J,C
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees
to install and complete certain designated public improvements, which said agreement, dated
Parcel Map
19_, and identified as-i'roject No. 23496 , is hereby referred
to and made a part hereof; and
WHEREAS, Principal is required under the terms of the agreement to furnish a bond
for the Faithful Performance of the agreement:
Insurance Company
NOW, THEREFORE, we the Principal and of The West as surety, are
held and firmly bound unto the City of Temecula, California, in the penal sum of $1,860,168.00
lawful money of the United States, for the payment of such sum weII and truly to be made, we
bind ourselves, our heirs, successors, executors and administrators, jointly and severally.
The condition of this obligation is such that the obligation shall become nuII and void if
the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions,
and provisions in the agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to this or their true intent and meaning, and shall indemnify and save
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,
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harmless the City of Temecula, its officers, agents, and employees, as therein stipulated;
otherwise, this obligation shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including reasonable
,-'.
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
agm18\ldagmts\faithper .bon
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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on
JULY 12
, [SEAL]
SURETcX-..INSURANCE COMP~ OF T~E WEST
By: ~c..P---<f~
DALE G. HARSHAW. ATTORNEY-IN-FACT
(Name)
(Title)
APPROVED AS TO FORM:
~
PETER THORSON
City Attorney
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, 19-2i,.
. [SEAL]
P~LLC
By: .~~, ~
. Robert R. Chamber~anaqer ;7
(Name)
(Title)
By:
(Name)
(Title)
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STAlE OF CALIFORNIA
COUNTY OF
LOS ANGELES
}
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}
On JULY 17,1996
personally appeared
, before me,
S.WARE
ROBERT R. CHAMBERS
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the personts) whose nametsJ is/8f9-
subscribed to the within instrument and acknowledged to rne that he/~R()!tRey executed the same
in his/herftheir authorized capacity(ie6j, and that by his/hcffthoir signature(s1 on the instrument the
person(-sr-or the entity upon behalf of which the person(-sj" acted, executed the instrument.
WITNESS my hood aod o~~, ,1A
Signature ~~
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I----:~----I
- et. c...\,':.:'~lD2ge7
I Notary NllIc-CaIIlomICI
i LOS~cany!
My comm. Expires Sep 19. 1997
-""!"'"-----------
(This area for official notarial seal)
Title of Document
Date of Document
SUBDIVISION FAITHFUL PERFORMANCE BOND
7-12-96
No. of Pages
DALE G. HARSHAW
3
Other signatures not acknowledged
3008 {lI94l {r"Anl'!r~ll
C)
( ')
State of California )
County of San Diego )
On July 12. 1996 before me, She(}'l Smith. Nota(}' Public, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
1'1' 1. SHERYL SMITH I
-" . COMM.#1060479 n
(j. tlOTARY PUBLIC-(;ALIFORNIA IIlO
<II'" SAN DIEGO COUN:TY
t.l, My Commission Exp"". i
.J. JUNE 4, t999
~
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InsLlnce Company of the West )
HOllE OFFICE: SAN DIEGO. CALIFORNIA
.' -
POWER OF ATTORNEY
KNOW ALL MEN BY lriESE PRESENTS: That INSURANCE COMPANY OF THE WEST. . California Corporation. do.. horoby appoint:
DALE G. HARSHAW
its true and lawful Attorney(s).in-Fact. with -full power and authority. to execute. on behalf of the Company, fidelity and surety bonds. undertakings,
and other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and ,ealed by facsimile under the authority of the 'ollowing Aesolution adopted by the Board
of Directors on the 22nd day 01 November. 1994, which said Resolution has not been amended or rescinded and of which the following is a
true copy:
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vie. President of the Company,
and each ot them, is hereby authorized to execute Powers of Allorney qualifying the attorney named in the given Power at Altorney to execute
on behalf at the Company, fidelity and surety bonds, undenakings, or other conlractl of surety.hip of . similar nature: and 10 attach thereto
lhe seal 01 the Company; provided however, that the absence of the seal shall not affect th. validity ot Ihe instrument.
FURTHER RESOLVED. that the sIgnatures of such officers and the .eal of th. Company, and the signatures of any wnnesses. the
signatures and seal ot any nOlary, and the signature. of any officers certifying the validity of the Power at Altorney, may be affixed by facsimile"
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
this 27th day of March 1995.
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
March 27th, 1995
On this betore me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to b. the individual and officer who executed the within instrument, and acknowledged
10 me thai he executed the same in his official capacity and that by. his signature on the instrument the corporation on behalf of which he
acted, executed the instrument.
WITNESS my hand and offiCial seal.
r . - .. ~~~ -- ~f
j@6 . Not='Ii~~nla f
J SAN DIEGO COUNTY (~
. Mvcanm._osJAN 14.1996
CEATlFICA TE: _ .... ... ~ ... _ ... .... ..... ... _ _ ... ... .....
YJ{JJ)ff}fll) /1~-];>>
Notary Public
I. E. Harnod Davis. Vico Prosident of INSURANCE COMPANY OF THE WEST, do horoby certify thaI tho originol POWER OF ATTORNEY,
of which the foregoing is a true copy, is still in full force and effect, and that this cenificate may be signed by facsimile under the authority
01 the above quoted resolution.
IN WITNESS WHEREOF, have subscribed my name as Vice President. on thj~
1996.
12TH
day of
JULY
INSURANCE COMPANY OF THE WEST
f ~~WJ.l 'J
E. Harned Davis, Vice President
ICW 37
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CITY OF TEMECULA
.',
BOND NO. 148 41 90
PREMIUM: INCLUDED IN
PERFORMANCE PORTION
SUBDIVISION LABOR AND MATERIALS BOND
WHEREAS, the City of Temecula,' State of California, and NORTH PLAZA LLC
(hereinafter designated as "Principal") have entered into an agreement whereby principal agrees
to install and complete certain designated public improvements, which said agreement, dated
Parcel Map
, 19_. and identified as P1'Qj~ No. 23496 , is hereby referred
to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City of
Temecula, to secure the claims to which reference is made in itle 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California; and
Insurance Comoanv
NOW, TIIEREFORE, we the Principal and of The West as Surety, are held
and firmly bound unto the City of Temecula, California, and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the aforesaid
agreement and referred to in Title 15 of the Civil Code, in the penal sum of $520,592.40,
lawful money of the United States, for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, the
Surety will pay the same in an amount not exceeding the amount set forth.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
r\agmts\ldagmts\sbdvlabr .bon
attorney's fees, incurred bf)ty in successfully enforcing such oJuJation, all to be taxed as
costs and included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15 (commencing
with S"ection 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to
...
them or their assigns in any suit brought upon this bond.
If the condition of this bond is fully performed, then this obligation shall become null and
void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that np change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
r\agmts\ldagmts\sbdvlabr .bon
2
. IN WITNESS WHEfJOF, this instrument has been duly ex~Jted by the Principal and
Surety above named, on JULY. 12 , 19 96
...~~
[SEAL]
SURETY
INSURANCE COMPANY OF
THE .fEST .
~~~---L-
(Name)
DAL~Q~ HARSHAW, ATTORNEY-IN-FACT
(Title)
BY:
APPROVED AS TO FORM:
~
PETER M. THORSON
City Attorney
r\agrnts\1dagmts\sbdvlabr .bon
[SEAL]
PRINCIPAL
~~
ert. ers // - ~-- (;l '---'
. (Name)
Manager
(Title)
(Name)
(Title)
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AMER.l
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STA1E OF CALIFORNIA
COUNTY OF
LOS ANGELES
}
}ss.
}
On July 17,1996
personally appeared
, before me,
S. Ware
Robert R. Chambers
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name~) is/t!feo
subscribed to the within instrument and acknowledged to me that he/!"'c,'ti'lE) executed the same
in his/Ae,/lIleir authorized capacity~ and that by his/Ilcr/tl,eir signaturefsron the instrurnent the
person(s1'or the entity upon behalf of which the persoR-W acted, executed the instrument.
WITNESS my hand and
it. S.WME
.. co..BiIIIIo.. . 1IX129157
NoIay NlIc - CaIIomIQ
loI Angeles CCII1ly
MyComm. EllpiresSlp 19,1WP
Signature
(This area for official notarial seal)
Title of Document
SUBDIVISION LABOR & MATERIALS BOND
Date of Document 7-12-96
Other signatures not acknowledged
No. Of Pages 3
-Nelli ~ 6. ~1d1tW &)
3008 (1/94) (Generall
( )
)
. .
State of California)
County of San Diego )
On July 12. 1996 before me, Shel}'l Smith. Notal}' Public, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
I @ SHERYL SMITH . t
~... COMM. #1060479 n
U NOTARY PUBUc.cAUFOlYRNIA fl
., . SAN OIE\lQ COUN: ...
u, My CommIssIOn Expll'81 I
, JUNE 4, 1999
~
.&
.. ( )
( ) .
lnsu! ance Company of the West
HOME OFFICE: SAN DIEGO. CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a California Corporation. does hereby appoint:
DALE G & HARSHAW
its true and lawful Attorney(s)-in-Fact, will''l"full power and authority, to execute, on behalf 0' the Company. fidelity and surety bonds. undertakings,
and other contracts of suretyship of a Similar naturs.
This Power of Attorney is granted and is signed and .ealed by facsimile under th. authority of th. following Resolution adopted by the Board
01 Directors on the 22nd day of November. 1994. which said Aesolution has not be.n amended or rescinded and of which the following is a
true copy:
"RESOLVED, that the Chairman of the Board. the Pr..ident, an Execullve Vice President or 8 Senior Vice President of the Company,
and each of them. is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute
on behalf of the Company, fidelity and surety bonds, undertaking.. or other contract. of suretyship of a SImilar nature; and to attach thereto
the seal of the Company; provided however, ,that the abaence 0' the s..1 shall nol affect the validity of the instrument.
FURTHER RESOLVED, Ihat the sIgnatures of such oHicers and the seal of the Company, and the signatures of any Witnesses, the
signatures and seal of any notary, and the signatures of any officers certifying the validity of the Pow.r of Attorney, may be affixed by facsimile:
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
this 27th day of March 1995.
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
John L. Hannum, Senior Vice President
March 27th, 1995
On this before me personally appeared John L. Hannum, Senior Vice President 0' INSURANCE
COMPANY OF THE WEST, personaily known to me 10 be the individual and officer who executed the within instrument. and acknowledged
to me that he executed the same in his offi~ial capacity and that by. his signature on the instrument the corporation on behalf of which he
acled. executed Ihe instrument.
WITN ESS my hand and official seal.
r & . . - ~~~. U t
~ @ COMM. _2644 I
I .0 Notary Pubnc.co~fornlQ J:
J SAN DIEGO COUt-ITY 1-
~ .. .. _ ::C~~.~M~~ 1~.1~~
Y!a1J1Jti!) r9dh0
Notary Public
CERTIFICATE:
I. E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY,
of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority
01 the above quoted resolution.
IN WITNESS WHEREOF, have subscribed my name as Vice President. on thiS:
1996.
12TH
day 01
JULY
INSURANCE COMPANY OF THE WEST
f ~~~l (/kJ
E, Harned Davis, Vice President
ICW 37
",
. \. t ) I. )
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
I.C.W. GROUP
P.O. Box 85563
San Diego, California 92186-5563
GENERAL INDEMNITY AGREEMENT
by
This Indemnity Agreement is executed and delivered this 10TH day of
NORTH PLAZA, LLe
JULY 1996
'-
as Principal and
the undersigned Indemnitors, (both Principal and Indemnitors sometimes collectively referred to as the
'Undersigned'), to Insurance Company of the West and/or The Explorer Insurance Company, as the 'Surety'.
WHEREAS, the Principal, in its own name or as co-adventurer with others, may desire, or be required,
to provide a surety bond or bonds, undertakings, or guarantees, and may request Surety to execute or procure
the execution of such Bonds, or the Principal or one or more of the Indemnitors may request the Surety to
renew, continue or substitu1e new Bonds with the same or different conditions (anyone or more of which will
be referred to as 'Bonds'); or the Principal or one or more Indemnitors may request the Surety to refrain from
canceling such Bonds: and
WHEREAS, the Principal and Indemniiors understand that the Surety expressly requires the delivery of
this Indemnity Agreement as part of the consideration for the execution, renewal or extension of Bonds, or for
refraining from canceling Bonds; and
WHEREAS, the Indemnitors have a substantial, material and beneficial interest in the Principal obtaining
Bonds, :)r in Bonds not being canceled:
NOW THEREFORE, in consideration of the Surety delivering one or more executed Bonds to the
Principal, or the renewal or extension of Bonds, or refraining from trying to cancel Bonds. the Undersigned, for
themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, covenant
and agree as follows:
1. INDEMNITY. The Undersigned shall indemnify and keep indemndied the Surety against any and
all liability for losses and expenses of whatsoever kind or nature, including attomey fees and costs, by reason
of having executed or procured the execution of Bonds, or by reason of the failure of the Principal or
Indemnitors to pertorm or comply with the covenants and conditions of this Agreef'!1ent.
The Surety may payor compromise any claim, demand, suit, judgment, or expense arising out of the
Bonds, and any such payment or compromise made by the Surety in the reasonable belief that it was liable for
the amount paid or that it was expedient under all the circumstances to make such payment or compromise,
shall be binding upon the Undersigned as a loss or expense covered by this indemnity, whether or not such
liability actually existed. An itemized statement of the payment or compromise, sworn to by an officer of the
Surety, or the voucher or vouchers or other evidence of the payment or compromise, shall be prima facie
evidence of the fact and the amount of the liability of the Undersigned under this Agreement.
If the Undersigned desire a claim against the Surety to be resisted, the Undersigned shall (a) make
written request to the Surety to defend against the claim including a statement of the basis for the defense, (b)
simultaneously deposit with the Surety cash or collateral acceptable to the Surety in kind and amount, sufficient
to cover the claim and any costs, interest, attorney fees. sanctions or other costs that may be awarded in any
judgment or otherwise, and (c) either simultaneously deposit cash or collateral satisfactory to the Surety in an
Page 1 of 6
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amount sufficient to cover the expenses and attorney fees of defending against the claim or provide and pay
the fees and e~penses of counsel acceptable Ie U",e Surety to c::nduct the c:~ense.
2. RESERVE AND DEPOSIT. If for any reason the Surety establishes or increases a reserve to cover
possible liability or loss for which the Undersigned will be obligated to indemnify the Surety under this
Agreement, the Undersigned will deposit with the Surety, upon demand, cash equal to the.reserveor.incr.ease.... _..
in the reserve, or collateral acceptable to the Surety. The Surety shall have the right to use the cash or collateral
to payor settle any liability, loss or expense for which the Undersigned would be obligated to indemnify the
Surety under this Agreement. Any unused portion of the cash or collateral will be returned to the Undersigned
upon termination of the liability of the Surety on the Bonds and the performance by the Undersigned of all
obligations to the Surety under this Agreement. Surety shall have no obligation to invest, or pay interest or
provide a return on, the cash or collateral deposited.
3. DECLARAllON OF TRUST. The Principal hereby declares that all funds due or to become due
under any contract covered by Bonds are trust funds, whether in the possession of the Principal or another, for
the benefit of all persons to whom tne Surety would be liable under the Bonds, and for the benefit of the Surety
for any loss or expense covered by this indemnity: If the Surety satisfies any liability on Bonds, the Surety shall
be entitled to assert the claim of such person to the trust funds, in its own name or that of the claimant.
Principal shall, upon demand of the Surety, open an account in a bank or other depository approved by the
Surety, in the name of the Surety or designated as a trust account for Surety, and shall deposit therein all
monies received from the contracts covered by Bonds. Withdrawals from the trust account shall require
countersignature by a representative of the Surety. The trust shall terminate upon satisfaction of all obligations
for which the trust is hereby created, or 20 years from the date of this Agreement, whichever occurs first.
4. DEFAULTS. Each of the following shall be considered a Default of this Agreement:
(a) any abandonment, forfeiture, or breach of or refusal or inability to perform any contract covered by
Bonds, or any breach of the Bonds;
(b) failure, delay, refusal or inability of the Principal to pay bills or other indebtedness incurred in
connection with the performance of the contract covered by Bonds;
(c) failure to perform or comply with any of the terms, covenants and conditions of this Agreement;
(d) failure to pay, when due. any other indebtedness of the Principal to. the Surety;
(e) any assignment by the Principal for the benefit of creditors, or the appointment, or an application by
the Principal for the appointment, of a receiver or trustee for the Principal or its property, whether insolvent or
not, or an application by the Principal for reorganization or arrangement under the terms of the United States
. Bankruptcy Code or any similar laws of any State, possession or territory of the United States, or the initiation
and continuation for 30 days of proceedings by any other person for the appointment of a receiver or trustee,
for liquidation or the reorganization or arrangel'!1ent of the Principal;
(I) commencement or continuation of any proceeding which deprives the Principal of, or interferes with,
his use of any of the supplies, tools, plant, machinery, equipment or materials in, on or around the work or the
work site of the contract covered by Bonds;
(g) if the Principal is an individual, the Principal's dying, absconding, disappearing, incompetency, being
convicted of a felony or imprisoned, and if the Principai is any other entity, any change or threat of change in
the character, identity, control, management, bene1icial ownership or existence of the Principal.
5. ASSIGNMENT. The Principal hereby assigns to the Surety, subject to the trust herein created: (a)
all monies due or to become due to the Principal as a result of the contract covered by Bonds, including, but
not limited to, progress payments, advances, deferred payments, retained percentages, payment for extra work.
and proceeds of any delay or other damage claims; (b) all other rights of the Principal in or growing out of the
contract covered by Bonds, (c) all right, title and interest of the Principal in and to all supplies, materials. tools,
machinery, plant and equipment of every nature and description that may now or hereafter be in. on or around
the work or the work site covered by Bonds, and materials purchased or ordered for the performance of the
contract whether in process of construction, in transit to the site, or in storage elsewhere; (d) all rights of the
Page 2 of 6
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Principal in and to all subcontracts, let or to be let, in connection with the contract covered by Bonds and all
surety bonds covenng such subcontracts; and (ej all actions, causes of action, claims and demands whatsoever
which the Principal may have or acquire against any subcontractor, laborer, materialman, or any other person
furnishing or agreeing to furnish or supply labor, material, supplies, machinery, tools or other equipment, in
connection with or on account of the contract covered by Bonds, and against any surety or sureties of any
subcontractor, laborer or materialman. This assignment shall be effective as of the date of the Bonds, but only
in the event of a Default of this Agreement.
The purpose of this assignment is to enable the Surety to complete the performance of the obligations
of the Principal under any contracts covered by Bonds and the payment of obligations incurred by the Princil'al
in the performance of such contracts, and to provide the Surety with coliateral for the obligations of the
Undersigned to the Surety under this Agreement.
6. EFFECT OF DEFAULT. Upon the occurrence of a Default, the Principal authorizes and empowers
the Surety, or any person designated by the Surety, to execute in the name of the Principal, any instruments
deemed necessary or desirable by the Surety to provide absolute title to the Surety of any funds, property and
rights as are hereby assigned, trans'lerred or conveyed, and the Principal hereby authorizes the Surety or such
person or persons designated by the Surety to take immediate possession of such funds, property and rights,
to collect such sums as may be due and to endorse, in'the name of the Principal, and to collect, any checks,
drafts, warrants and other instruments made and issued in payment of any such funds.
Upon the occurrence of a Default, the Surety shall have the right to take possession of the Principal's
supplies, tools, plant, equipment and material and to use, and consume if necessary, the same in the
performance of the contracts by itself or by others.
The Surety is authorized to assert and prosecute any right or claim hereby assigned, transferred or
conveyed in the name of the Principal and to compromise and settle any such right or claim on such terms as
it considers reasonable under the circumstances.
The Surety may sell any property assigned to it pursuant to this Agreement at public or private sale, with
or without notice, at any time or place, without incurring any liability of any kind. The Surety may purchase any
of the property at such sale.
7. SECURITY AGREEMENT. This Agreement constitutes a Security Agreement to the Surety and a
Financing Statement in accordance with the provisions of the Uniform Commercial Code. The Surety may make
such additions to this Agreement as may be necessary or desirable to permit its filing as a Financing Statement
under the UCC, and the Principal will execute any other documents necessary to permit the filing of a Financing
Statement based on this Agreement as a Security Agreement in any place the Surety deems desirable.
8. ATTORNEy-tN-FACT. Each of the Undersigned hereby irrevocably appoints the Surety or any
person or persons designated by the Surety to .e.ct as their attorney-In-fact with the right to exercise all of their
rights assigned to the Surety by this Agreement and in their name to execute and deliver any and all additional
other assignments or documents deemed necessary by the Surety to vest absolute title to any and all monies,
property and rights hereby assigned; and to provide the protection and rights to th~ Surety contemplated by
all of the provisions of this Agreement.
9. TAKEOVER AND COMPLETION. If a Default of this Agreement occurs, as described in Paragraph
4, the Surety shall have the right, at its option and in its sole discretion, and is hereby authorized with or without
exercising any other right or option conferred upon it by law or by the terms of this Agreement, to take
possession of all or any part of the work under the contract covered by Bonds and to compiete or arrange for
the completion of the same.
10. ADVANCES. The Surety may, at its sole discretion, make or guarantee advances or loans to or
for the account of the Principal to be used in the performance of its obligations under contracts covered by
Bonds. The Surety shall have no obligation to see to the proper application of funds delivered to the Principal,
and the Undersigned shall be obligated to indemnify the Surety in accordance with the terms of this Agreement
Page 3 of 6
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( )
." for the amount of all such advances and loans and any expenses incurred in connection therewith,
notwithstanding that the funds or any part thereof have not been so used by the Principal.
11. PREMIUMS. The undersigned will pay to Surety, when due, all premiums and charges of the
Surety for the Bonds in accordance with the Surety's manual of rates, or as otherwise agreed upon, until the.
. Principal or Indemnitors have-proliiCIe<1"evidence satisfactory to Surety of its exoneration and release from all
liability on the Bonds.
12. WAIVER OF NOTICE. The Undersigned hereby waive notice of the execution of any Bonds or
of the acceptance of and reliance upon this Agreement by the Surety, of any default by the Principal or claim
on Bonds, and of any act, fact or information concerning or affecting the rights or liabilities of the Surety or the
rights or liabilities of the Undersigned.
13. CONSENT TO CHANGES. The Surety is authorized, without notice to or knowledge of the
Undersigned, to assent to any change whatsoever in any Bond and any contract covered by a Bond, including,
but not limited to, any change in ttle time for the completion of the contract or for payments or advances
thereunder, to assent to or to take any assignments, to execute or consent to the execution of any continuations,
extensions, renewals, increases or decreases, modifications, or alterations of any Bond, and to execute any
substitutes with the same or different conditions, provisions and obligees and with the same or larger or smaller
penalties, and the Undersigned shall remain bound under the terms of this Agreement even though such assent
mayor does substantially increase the liability of the Undersigned.
14. RIGHT TO DECLINE OR SEEK RELEASE FROM BONDS. The Surety may decline to execute
any Bonds applied for without incurring any liability whatever to the Undersigned. If the Surety executes a bid
or proposal bond, it may nevertheless decline to execute any and all bonds that may be required in connection
with any award made on the bid for which the bond was given, and the Principal shall have the right to procure
from another surety any bonds that may be required in connection with any award under the bid for which the
bond was given. The Surety may take any action it deems necessary to obtain release from liability under any
or all Bonds, and the Undersigned will, upon request from Surety, assist the Surety in obtaining release from
any Bonds. Upon release of the Surety from any Bonds, without loss or expense to the Surety, the Surety will
return to the Principal any unearned premium paid for such Bonds. The Undersigned shall, however, remain
liable to the Surety for losses or expenses paid or incurred by the Surety prior to release from any Bonds.
15. NOTICE OF CLAIMS. The Undersigned shall immediately notify the Surety of any demand, notice
or proceeding of which they become aware that might result in liability to the Surety under any Bonds.
16. BOOKS AND RECORDS. The Undersigned shall fumish to the Surety such information as it may
request from time to time conceming the financial condition of the Undersigned, the status of bonded projects
and contracts, and the payment of obligations 'Incurred in connection therewith. The Surety may, from time to
time, at reasonable hours and places, examine and copy the books and records _of the Undersigned. The
Surety may obtain information concerning the operations and financial affairs of the Undersigned from financial
institutions, Bond obligees, suppliers or subcontractors, credit agencies, or others, who are hereby expressly
authorized to furnish such information to the Surety.
17. PRESERVATION OF SURETY'S RIGHTS. The Indemnitors shall have no rights of indemnity
against the Principal or his property until the Principal's obligations to the Surety have been satisfied in full.
All rights and remedies of the Surety under this Agreement shall be cumulative, and the exercise of or
failure to exercise any right or remedy shall not be an election of or waiver of any right or remedy. Failure of
the Surety to pursue any remedy against anyone or more of the Undersigned'shall not waive any right against
any other of the Undersigned. Surety is not required to exhaust its remedies or rights against the Principal or
to await distributions from the legal representatives of the Principal before asserting its rights under this
Agreement against the Indemnitors.
Page 4 of 6
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( )
(')
The rights, powers and remedies given to the Surety by this Agreement are in addition to, and not in lieu
of, any other rights and remedies against the Undersigned or others by the terms c.f any other agreement, by
law, or otherwise.'
The Undersigned shall continue to be bound under this Agreement even though the Surety, with or
without notice to or knowledge of the Undersigned, has accepted or released or may in the future accept or
release; otl",er agreements of indemnity or collateral, from the Undersigned or others, in cOnnection with the
execution of Bonds.
If any of the persons named herein as Principal and Indemnitors fails to execute this Agreement or if the
execution by any of the Undersigned.is defective or .invalid for any reason, such failure, defect or invalidity shall
not in any manner diminish or otherwise affect the obligation or liability of any other of the Undersigned. Failure
of the Principal to sign any Bonds shall not relieve the Undersigned of liability under this Agreement.
If any provision of this Agreement is held to be void or unenforceable, this Agreement shall not be void
or unenforceable but shall continue in effect and be enforced as though such provision or provisions were
omitted.
Separate suits may be brought on this Agreement against any or all of the Undersigned and the bringing
of a suit or the recovery of judgment- upon any cause of action shall not prejudice nor bar the bringing of other
suits on other causes of action, whether they arose before or after such suit or judgment.
The Surety is authorized to settle any claim based upon this Agreement with anyone or more of the
Undersigned individually, and such settlement or compromise shall not affect the liability of any of the rest of
the Undersigned.
18. OTHER SURETIES. If the Surety procures the execution of any Bonds by other sureties or
executes Bonds with co-sureties, or reinsures Bonds or any portion thereof, then all the terms and conditions
of this Agreement shall inure to the benefit, as their interests may appear, of such other sureties, co-sureties or
reinsuring sureties.
19. MOOIFICATlON. The rights and remedies of the Surety under this Agreement may not be waived
or modified except by written amendment signed by the Surety.
20. TERMINATlON. This is a continuing agreement which remains in full force and effect until
terminated. This Agreement may only be terminated by anyone or more Indemnitors by giving 30 days written
notice to the Surety by certified or registered mail, at 10140 Campus Point Drive, San Diego, Califomia, 92121,
or P. O. Box 85563, San Diego, California. 92186.5563, but any such notice shall not operate to modify, bar,
discharge, limit, affect or impair the obligations of the Undersigned under this Agreement with respect to Bonds
which are executed prior to such termination or with respect to Bonds executed after the date of such
termination (i) upon award of a contract to the Principal on a bid or proposal with respect to which the Surety
has executed a bid or proposal bond or similar undertaking prior to such date, or (ii) which the Surety has
become obligated, prior to such date, to execute. The notice of termination shail operate only with respect to
those upon whose behalf such notice was given.
21. ATTORNEY FEES. If the Surety commences any action or proceeding, including arbitration,
against the Undersigned, or any of them, by reason of any breach or claimed breach of any provision of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party
or parties its reasonable attorney fees and witness fees, and all other costs, whether or not the action or
proceeding resuits in a judgment, and shail be entitled to recover its costs and attorney fees incurred in
enforcing any judgment obtained.
22. INTERPRETATlON. Each party agrees to the use of the particular language of this Agreement.
Any statute or rule of construction providing for h,terpretation against the drafting party or the party who causes
an ambiguity shail not be employed in interpretation of this Agreement.
23. 'ENTlRE AGREEMENT. This Agreement contains the entire agreement of the parties and
Page 5 of 6
,
( . .
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. supersedes any prior or contemporaneous written or oral agreements, representations and warranties between
the parties with respect to the subject matte" c' t~is Agreemer" There ar..-.'1O representations. warranties.
agreements, arrangements, or understandings, written or oral. that are not fully expressed in this Agreement.
24. REPRESENTAl10NS. THE UNDERSIGNED REPRESENT TO THE SURETY THAT THEY HAVE
. CAREFULLY READ THIS ENl1RE.AGREEMENT AND FULLY \JNDERSTAND ALL ITS PROY1SJONS, AND THAT
THEY HAVE NOT REUED UPON ANY REPRESENTATIONS, COVENANTS. WARRANTIES OR AGREEMENTS,
EXPRESS OR IMPUED, OTHER THAN THOSE.-E)(PRESSLY SET FORTH IN THIS AGREEMENT.
WHEREFORE, the Undersigned have duly executed this Agreement or have caused this Agreement to
be executed by their duly authorized representatives, and those signing on behalf of other persons or entities
hereby warrant that they have the authority to bind the person or entity for which they have signed.
SIGNATURES OF PRINCIPAL AND INDEMNITORS: Type or print the name of the party signing, and the
designation as 'Principal' or 'Indemnitor", and type or print the name of each person signing on behalf of other
persons or entities. Include the current street address and telephone number of each party and social security
numbers of individuals. Please attach notary acknowledgments of all signatures.
PRINCIPAL:
NORTH P~~~ V~
BY: ~z:_ ~,..
/ROBERT R. CHAMBERS, MANAGER
:~E~~
.---ROBERT R. CHAMBERS ssll 352-24-6926
29400 RANCHO CALIFORNIA RD.
TEMECULA, CA 92591
11439 LAURELCREST DR.
STUDIO CITY. CA 91604
(818) 762-2204
x.~h--t A. C4~US,
CLYTIA M. CHAMBERS sslI 579-50-6521
11439 LAURELCREST DR.
STUDIO CITY. CA 91604
(818) 762-2204
THE
CH 3 1992
""""
OBERT R. CHAMBERS, TRUSTEE
BY: eLL, ~)) ~ 1.2:,
CLYTIA M. CHAMBERS, TRUSTEE
Do additional' signatures appear on attached pages? ~ Yes ~ No.
Page 6 of 6
,
- ( )
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
( )
S~tecl (~)
County of .
On ~. !r~'7if:t
personally appeared ROBERT R. CHAMBERS ,
"- NAME(SIOF SIGNERIS)
o I'ersQr:lally I(RO..i1 to ille . OR ~ proved to me on the b~sis of satisfactory evidence
to be the person,PQ whose name~ is/~
subscribed to the within instrument and ac-
knowledged to me tha@'s)$/t~ executed
the same in his/tJ)ij'/t~ir authorized
capacity~. and that by his/~r/t~
signatur~ _ on the instrument the personjSJ',
or the entity upon behalf of which the
person~ acted, executed the instrument.
before me,
~4~tW ~~~..
NAME. TITLE OF FleER e.G.. "JANE OOE. NOrMY Ie"
~ ,\.A.....~..A...A.......l.....t.~.........A~
, 1. THERESAA. TRIPLETT
. ';' COWl.I1oen:;7 I:
lb NOTARY PUBlIC - CAUf~1A ~
. :E lOSMGELESCOUNTY !..
. ~ lIyConm Ex;WesAOO 17,19001-
~.. ". T 1"" T ,.. ". T T T ..... ....... T ... ...
WITNESS my hand and official seal.
,J~d
.
/l~k
SIGNATURE OF TAAY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form. .
CAPACITY CLAIMED BY SIGNER
J;:1INDIVIDUAL
,.. r=:h:ORPOAATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
T1l1..E(SI
~~Il~.
TiTLE OR TYPE OF DO MENT
o PARTNER(S)
o LiMITED
o GENERAL
~
NUMBER OF PAGES
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
7;;~/#t,
DATE/OF CUMENT
(bL/!i~ '/if ~
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME OF PERSQN(SI OR ENnTY(IES)
l
ICW GP 416
. .. ( )
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
I )
State of
County of
before me,
.. /u.. .
~
On
f ~..L.. ... ~ ~~E~ESA~A. ~~JP~-;{-l
- .. COt.cM.I10693S7 E:
I If; OOTARY PUBlC . CALFCJRt;IA ~
, :I LOS AlGlfSCOUWY 4
; ~ YyConm ExpiIesAUG. 17. 199!iJ
~.. T T T ..,. T T ..,.. T T ..,.. T ..,.. T .,...
personally appeared ROBERT R. CHAMBERS
NAME(S, OF SlGNERI51
:-' fJt:,,!ol,ally knoMI to me - OR - ~proved to me on the basis of satisfactory evidence
. to be the person~ whose name~ is/~
subscribed to the within instrument and ac-
knowledged to me that he/~e/~y executed
the same in his/~r/t~ authorized
capacity~, and that by his/~"/t~
signatureN on the instrument the perso~
or the entity upon behalf of which the
person~ acted, executed the instrument.
WITNESS my hand and official seal.
v2~f!.TU"E!TA"~~
OPTIONAL
Though Ihe data below is not required by law. it may prove valuable to persons relying on the cjocument and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
~iNDIVIDUAL
.--.J CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
mu::(SI
Il.
T
. ! PARTNER(S)
o LIMITED
o GENERAL
?
U ATTORNEY-iN-FACT
U TRUSTEE(S)
,-'
L..1 GUARDIAN/CONSERVATOR
n T
,---,0 HER:
NUMBER OF PAGES
~~ftf
/DAT OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON/S) OR ENlTTY(IESJ
~.71tA~.
SIGNE (S) OTHER THAN NAMED ABOVE
ICloi GP 416
,
'. CALi'FORNIA ALL.PURPOSE Acl)oWLEDGMENT
( )
State of h p , ;_A - :.c
County of .# t7 II 'A 'J
On . 1/;t7/?t f
( DATE
personally appeared ROBERT R. CHAMBERS
NAME(SIOF SIGNERISl
L personally kno'Nn to me - OR -%proved to me on the basis of satisfactory evidence
to be the person~ whose name~);r is/*"
subscribed to the within instrument and ac-
knowledged to me that he/s)(e/t~ executed
the same in his/~/tfy([r authorized
capacity~, and that by his/~"r/tlJ)<:r.
signature~ on the instrument the personJM:
or the entity upon behalf of which the
person~ acted, executed the instrument.
before me,
~~TLE!o;F1C&~ENOTARVPUBU~
t.e--"-" ~"'" ~HAE~E;A~~T;g>~~" ~
.. COW.I1~ iC
, lb NOTARY I'UBUC - CALfOO'iIA"'
. :I LOS AtGtfS COUNTY ~
.. ~ lIyCcmn EJrpiresAUG.17, 19991-
~ TTTTTYYYTTTT~T
WITNESS my hand and official seal.
~~4 SIGN!OFl:jJc/
OPTIONAL
Thougil the data below is not recuired by iaw, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form. .
CAPACITY CLAIMED BY SIGNER
~ INDIVIDUAL
/=:tORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
T1TLE<S,
.iP~ ~ ~J-
. TITLE OR TYPE DOCUMENT
. ! PARTNER(S)
o LIMITED
o GENERAL
NUMBER ~ PAGES
c..j ATTORNEY.iN.FACT
, I TRUSTEE(S)
'--' GUARDIAN/CONSERVATOR
I : OTHER:
7/;019'6
DATE oF DOCUMENT
SIGNER IS REPRESENTING:
"AME OF PE~SON(SJ OR ENnTY(IES)
~ ~t 7Jf 1ft1217Awr
SIG R(S) OTHER THAN NAMED ABOVE
Iew GP 416
,
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
appeared
} 55.
bJ reraMally
-
before me, the undersigned, a Notary Public in and for said State personally
111. (lj;~.
Name(s) of Signer(s)
k"v,," , te me OR r\;( proved to me on the basis of satisfactory evidence to be the personl'8r whose
,rv name~ is/~ subscribed to the within instr6'nYent and
acknowledged to me thatMYshelt~ executed the same in
plG!herlthj(fauthorized capacity~, and that by,JijS/her/~
signatureM; on the instrument the personW; or the entity
upon befiaTf of which the persol):lC! actetJ,vexecuted the
instrument.
On
~
ie-- ~ ~ ~ ~~E~~ ;;IP~E~A ~
d. COW.I106:ai/ C
. '" NOTARY PUatlC - CAl/fOlfjI/l. '"
.' ::I LOS AtGLES COUIITY "1'
i ~ UyConwn E.lpiresAUG. 1I1999j.
t.,.. 'f"V-....TT....yT.,.....T......;,'"
Witness my hand and offical seal.
(This area 10r official notarial seal)
~~~nalu'eiy ~tU
/J;-ey?54. /I ;;;/~/e?r/'
Name (Typed or Primed)
Capacity Claimed by Signer
Description of Attached Document
~ Individualo/l-
o Corporate Officer(s) - Title(s)
This certificate must be attached to the document
described below: ;v1 Ii /J /
tie or type of documerit ~' ~~.
.~ (
o Partner(s)
o Attorney-in-Fact
o Trustee(s)
o Guardian/Conservator
o Other:
f/;,
1/lo/lJ.i-
I I
Signer(s) ~er than Named ~e
~ /, /l~5i-
Number of Pages
Date of Document
Signer is Representing:
Name of person(s) or Entity(ies)
ATTENTION NOTARY
Although the information requested above is optional, it
could prevent fraudulent attachment of this certificate to
another document.
SAV-191A (3/94)
p
. -
-. . CAL~FORNIA ALL.PURPOSE AI, -'.\.cOWLEDGMENT
()
State of
County of
..
.'
On
before me, .
~FF;CE"{"JAN&~BlIC
personally appeared CLYTIA M. CHAMBERS ,
. , NAME(S) OF SIGNEACS) .
b. /3orE:OAslly k, ,o"n to me - OR -)Xi proved to me on the basis of satisfactory evidence
to be the personpO whose name~ is/~
subscribed to the within instrument and ac-
knowledged to me that ~she/t~ executed
the same in ~/her/~lr. authorized
capacity~), and that by ~her/t~
signaturetgj. on the instrument the person~
or the 6'ntity upon behalf of which the
person~ acted, executed the instrument.
.,
.~ r....."'" ... ~H~~E;A~ ;~IP~~A-t
';' COMll.111l69357 I:
lb NOTARY PUBU;' CALf~1A III
. :I LOS NalfS COUNTY .!:
; ~ !!+ConmErpireaAUG.17,1999f
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WITNESS my hand and official seal.
J~4 II ~M
v
SIGNATURE OF NOT .lAY
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reanachment of this form.
CAPACITY CLAIMED BY SIGNER
~NDIVIDUAL
LJ CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
nTLE(Sl
v:,(-
LJ PARTNER(S)
o LIMITED
o GENERAL
?
C ATTORNEY-iN-FACT
I 'TRUSTEE(S)
~
'-' GUARDIAN/CONSERVATOR
! 'OTHER:
NUMBER OF PAGES
7;Jo/7,b
DATE OF 06CUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S} OR ENnn(IES)
I!
,~II ;JI;/Z~5.
SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
-,
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()
CITY OF TEMECULA
BOND NO. 148 41 90
PREMIUM: $18,618.00
SUBDIVISION FAITHFUL'PERFORMANCE BOND
WHEREAS, the City of Temecula, State of California, and N()R'I'H PT.l>.7.l>. T.T.I'
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees
to install and complete certain designated public improvements, which said agreement, dated
. Parcel Map
19_, and identified as -PTejeGt No. 23496 , is hereby referred
to and made a part hereof; and
WHEREAS, Principal is required under the terms of the agreement to furnish a bond
for the Faithful Performance of the agreement:
Insurance Company
NOW, THEREFORE, we the Principal and of The West as surety, are
held and firmly bound unto the City of Temecula, California, in the penal sum of $1 , 0 4~ 84 . 80
lawful money of the United States, for the payment of such sum well and truly to be made, we
bind ourselves, our heirs, successors, executors and administrators, jointly and severally.
The condition of this obligation is such that the obligation shall become null and void if
the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions,
and provisions in the agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to this or their true intent and meaning, and shall indemnify and save
agmts\ldagmts\faithper .bon
.
.
,
( .)
harmless the City of Temecula, its officers, agents, and employees, as therein stipulated;
otherwise, this obligation shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including reasonable
--'-
attorney's fees, incurred by City in successfull)'enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
llgmts\ldagmts\failhper .bon
2
( -)
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on
JULY 12 ,19....2.2.....
[SEAL]
S~TY I~~OF THE WEST
By. <1) _L-.
DALE G. HARSHAW, ATTORNEY-IN-FACT
(Name)
(Title)
APPROVED AS TO FORM:
~
PETER THORSON
City Attorney
agmts\ldagm13\faithper .bon
. [SEAL]
PRlNC~4
By: . ~<<~l..
. /Robert R. Chambers, M nacrer
(Name)
(Title)
By:
(Name)
(Title)
..'-:' ."
..... .
3
( )
State of California )
County of San Diego)
On JIDy 12. 1996 before me, She!}'1 Smith. Nota!}' Public, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
I ~ SHERYL SMITH . I
.-" COMM. #1060479 n
(;, NOTARY PUBLIC-CAUFORNIA !Q
<II" .$AN DIEGO COUNTY "
(J, My Commission Expinll i
.J JUNE 4,1999
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STATE OF CALIFORNIA }ss.
COUNTY OF LOS ANGELES }
On JULY 17,1996 ,beforeme, S.WARE
personally appeared ROBERT R. CHAMBERS
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person{ej whose narne~) is~
subscribed to the within instrument and acknowledged to me that he/she/lhoy executed the same
in his/hcritAcir authorized capacity~ and that by his/hcr/tAcir signature(ston the instrument the
person(a)-or the entity upon behalf of which the person{sYacted, executed the instrument.
Signature
J - - - - : ;;~ - - -1
fI c.....iIIIkln'IlXl2'll57
Nolay P\JbIIC - CdIIomIo
Los Angeles COlI'lIy
My Comm Expires Sep 19. 199P
(This area for official notarial seal)
Title of Docurnent
Date of Document
SUBDIVISION FAITHFUL PERFORMANCE BOND
7-12-96
No. of Pages
DALE G. HARSHAW
3
Other signatures not acknowledged
3008 (1/94) (General)
.-. "
,~ t
InsJ.lnce Company qJ the West'
HOME OFFICE: SAN DIEGO. CALIFORNIA
.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a California Corporation, does hereby appoint:
DALE G. HARSHAW
its true and lawful Attorney(s)-in.Fact, with iull power and authority, to eKecute, on behalf of the Company. fidelity and surety bonds, undertakings,
and other contracts of suretyship of a sImilar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority ot the following Aesolution adopted by the Board
01 Directors on the 22nd day of November, 1994, which said Aesolution hal not been amended or rescinded and of which the following is a
true copy:
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or . Senior Vice President 01 the Company,
and each of them, is hereby authorized to execute Powers of Attorney qualifying the altorney named in the given Power of Attorney 10 execute
on behalf of the Company, fidelity and surety bonds, undertakings, or oth.r contract. of suretyship of a similar neture; and to attach thereto
the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument
FURTHER RESOLVED, that the SIgnatures of such officers and the seal of the Company, and the signatures of any Witnesses, the
signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power 01 Attorney, may be affixed by facsimile:
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
this 27th day of March 1995.
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
John L. Hannum, Senior Vice President
March 27th, 1995
On this before me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged
to me that he executed the same in his official capacity and that by. his signature on the instrument the corporation on behalf of which he
acted. executed the instrument.
WITNESS my hand and official seal.
r . - q ~~~ U 'f
~ @ COMM. 1'IS2644 I
I -0: Notary Publlc:-Ca~fofn'a f:
J. SAN DIEGO COU~-ITY (-
My ccmm. expires JAN 14.1996
CERTIFICATE: _ ... ... _ ... ... ... .... ...- ..- ~ ~ ... ~....
Y/MffJ1l1) r9A~
Notary Public
I, E. Harned Davis. Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the originel POWER OF ATTORNEY,
of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority
of the above quoted resolution.
IN WITNESS WHEREOF, have subscribed my name as Vice President, on this
1996.
12TH
day of
JULY
INSURANCE COMPANY OF THE WEST
f Jk't~l It"
E. Harned Davis, Vice President
ICW 37
- ,
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'.
CITY OF TEMECULA
..
BOND NO. 148 41 89
PREMIUM: INCLUDED IN
PERFORMANCE PORTION
SUBDIVISION LABOR AND MATERIALS BOND
WHEREAS, the City of Temecu]a, State of California, and NORTH PLAZA LLC
(hereinafter designated as "Principal") have entered into an agreement whereby principal agrees
to install and complete certain designated public improvements, which said agreement, dated
Parcel Map
, 19_, and identified as-PTejeet No. 23496 , is hereby referred
to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City of
Temecula, to secure the claims to which reference is made in itle 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California; and
Insurance Company
NOW, THEREFORE, we the Principal and of The West as Surety, are held
and firmly bound unto the City of Temecula, California, and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the aforesaid
agreement and referred to in Title 15 of the Civil Code, in the penal sum of $930.084.00"
lawful money of the United States, for .materials furnished or labor thereon of any kind, or for
amounts due under the Unemploymept Insurance Act with respect to such work or labor, the
Surety will pay the same in an amount not exceeding the amount set forth.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
r\agmts\ IJagmLs\sbd vlabr .bon
'.
(,) { j
atl.orney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15 (commencing
with s'ection 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
If the condition of this bond is fully performed, then this obligation shall become null and
void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no .change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
r\agmt.s\lJJgmt.'l \sbdvlab r. bon
2
'. .. -
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IN WITNESS WH~OF, this instrument has been duly executed by the Principal and
Surety above named, on JULY 12 _, 19 96
[SEAL]
SURETY
INSURANCE COMPANY OF
~~u
~ -
ame)
DALE G. HARSHAW, ATTORNEY-IN-FACT
(fitle)
BY:
APPROVED AS TO FORM:
r~M.~
PETER M. TIIORSON
City Attorney
r\agmts\ldagmts\sbdvlabr.bon
[SEAL]
PRINCIPAL
~~
(Name)
Manager
(fitle)
(Name)
(Title)
3
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... ill~LP~
f!t~~ ...........::
~@...........
STAlE OF CALIFORNIA
COUNTY OF
LOS ANGELES
}
}ss.
}
On
JULY 17,1996
, before me,
S . WARE
personally appeared
ROBERT R. , CHAMBERS
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the personf5)' whose name~ is/al:e....
subscribed to the within instrument and acknowledged to me that he/E:f:1g/~l::1oy executed the same
in his/R-e~lth\iir authorized capacity(-iesj. and that by his/t<lEI ,'tl'1eir signaturetsron the instrument the
person(s)'or the entity upon behalf of which the person{Sfacted, executed the instrument.
Signature
I-~-:;~~---I
~ ~ eo.,..MIonlllll29ll7
I . Notay IUlIIc -CaIIlaIr*lI ~
f _ _ _ ~:O~~~:.~ 1
(This area for official notarial seal)
Title of Document
SUBDIVISION LABOR & MATERIALS BOND
Date of Document 7 12-96
Other signatures not acknowledged
No. of Pages
DALE G. HARSHAW
3
3008 (1/94) (General)
c;..". ^~^..;,,~~ Tal~ I~~,'''^n^^ r>n~n^n..
'"'. . "',
,
{ )
( )
..
State of California )
County of San Diego )
On July 12, 1996 before me, Shel:}'l Smith. Notal:}' Publi<;, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
1@_.....SHERYlSMITH I
~ COMM. #1060479
~.,; NOTARY PUBLIC-CAUFORNIA tl
SAN OIEGO COUNTY 0
.1 ' . My Commission Expim -
_ JUNE 4,1999 I
~
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Insurance
i
Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
.
POWER OF ATTORNEY
KNOW ALL MEN BY Tl-iESE PRESENTS: That INSURANCE COMPANY OF THE WEST. 0 Calitornia Corporation, doe. hereby appoint
DALE G. HARSHAW
its true and lawful Attorney(s)-in-Fact. with full power and authority. 10 execute, on behalf of the Company, fidelity and surely bonds, undertakings,
and other contracts ot suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board
of Directors on the 22nd day of November. 1994, which said Aesolution has not been amended or rescinded and of which the following is 8
true copy:
"RESOLVED. that the Chairman of the Board, the President. an Executive Vice President or a Senior Vice President of the Company,
and each of them. is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute
on behalf of the Company. fidelity and surety bonds, undertakings, or other contract. of suretyship of a similar nature; and to attach thereto
the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company. and the signatures of any witnesses, the
signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by tacsimile:
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
this 27th day 01 March 1995.
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN OIEGO
SS:
John L. Hannum, Senior Vice President
March 27thr 1995
On this before me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged
to me that he executed the same in his official capacity and that by. his signature on the instrument the corporation on behalf of which he
acted, executed the instrument.
WITNESS my hand and offiCial seal.
l ~ . - . . - ~~~. . 'f
~ @ COMM. ni2644 II:
I .0 Notary Publlc.c;o:.fomlo >:
I SAN DIEGO COU'ITY (-
_ _ . . _~c~~,~es_~ l~,I~~
YI~) r9xrLA-J
Notary Public
CERTIFICATE:
I. E, Harned Oovi.. Vice Pre.,dent ot INSURANCE COMPANY OF THE WEST. do hereby certity that the original POWER OF ATTORNEY,
of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority
of the above quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this
1996.
12TH
dey 01
JULY
INSURANCE COMPANY OF THE WEST
f ~1-l4.l (/6)
E. Harned Davis, Vice President
ICW 37
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CITY OF TEMECULA
BOND NO. 148 41 91
PREMIUM: $245,00
SUBDIVISION MONUMENT BOND
WHEREAS The City of Temecula State of California and NORTH PLAZA. LLC
' , ,
(hereinafter designated as Principal") have entered into an agreement whereby Principal has
presented to the City for its approval a Final Subdivision Map, which Map carries the Engineer's
or Surveyor's certificate that the monuments will be set on or before a specified later date,
which said Agreement dated , 19_, 'and identified as jlf-ejeet parcel map
No. 2349 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal shall insure the setting of monuments and to guarantee
payment to the Engineer or Surveyor for setting such monuments in said Subdivision, and as a
prerequisite to the approval of said Final Subdivision Map; and
Insurance Company of
NOW, TIIEREFORE, we the Principal and the West as Surety,
are held and firmly bound unto the City of Temecula, California in the penal sum of
$ 9. 804. 00 , lawful money of the United States, for the payment of such sum well
and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,
jointly and severally. .
The condition of this obligation is such that the obligation shall become null and void
if the above-bounded Principal, his or its heirs, executors, administrators, successors, or
assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants,
conditions, and provisions in the agreement and any alteration thereof made as therein
provided, on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to his or their true intent and meaning and shall
indemnify and save harmless the City of Temecula, its officers, agents, and employees, as
therein stipulated; otherwise, this obligation shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to
be taxed as costs and included in any judgment rendered.
agmrs\lJ3 gmls\sbdvmonu. bon
,
.'
~
( )
-)
The surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time. alteration or addition to
the ttlri'ns of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on JULY 12 , 19~.
-..",'
[SEAL)
[SEAL)
SURETY INSURANCE COMPANY OF
THE WEST
PRINCIPAL
NORTH PLAZA LLC
~~ fl-~. !LL
(Name)
DALE G. HARSHAW. ATTORNEY-IN-FACT
(Title)
7~
M~n~gpr
(Title)
BY:
(Name)
(Title)
I~,PPROVED AS TO FORM:
Jh<<fIA~'" --
PETER M. THORSON
City Attorney
agmu\ldagmts\sbdvrnonu.bon
2
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AME~l
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<P
STATE OF CALIFORNIA
COUNTY OF
LOS ANGELES
}
}ss.
}
On JULY 17,1996
personally appeared
, before me,
S . WARE
ROBERT R. CHAMBERS
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(8} whose name(a) is/-aI'e-
subscribed to the within instrument and acknowledged to me that he/BI'k/lney executed the same
in his/l:lor-ftlgeir authorized capacity(ies}: and that by his/hoF,lthoir signature(sj on the instrument the
person(s-}-or the entity upon behalf of which the persontsracted, executed the instrument.
WITNESS my hand
I.~~;;:~l
Los Angeles (.OU'11y
Mv Comm explras 5ep 19. 1997
Signature
(This area for official notarial seal)
Title of Document
SUBDIVISION MONUMENT BOND
Date of Docurnent 7-12-96
Other signatures not acknowledged
No. of Pages
DALE G. HARSHAW
2
300B (1/94) (General)
. '.
c)
()
State of California )
County of San Diego )
On July 12. 1996 before me, She(}'1 Smith. Nota(}' Public, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
I @ SHERVL$MITH . I
~"'. COMM.i1060479 0
g... ~J:~YD~~~.jlt)1A ~
l.l, My Comm".ionve;~.... I
, JUNE 4.1999
,
,
() ( )
InSlll'ance Company of the West
HOME OFFICE: SAN DIEGO. CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: ThaI INSURANCE COMPANY OF THE WEST. a California Corporation. do.. hereby appoint:
DALE G. HARSHAW
ils true and lawful Attorney(s)-in-Fact. with 1ull power and authority. to execute, on behalf of the Company, fidelity and surety bonds. undertakings,
and other contracts of suretyship of a sImIlar natur..
This Powe, of Attorney is granted and is signed and sealed by facsimile under the authority of the 'ollowing Aesolution adopted by the Board
of Directors on the 22nd day of November. 1994. which said Resolution has not be.n amended or rescinded and of which the following is a
true copy:
"RESOLVED. that the Chairman of the Board, the President, an Executive Vice President or 8 Senior Vice President of the Company,
and each of them. is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Al10rney to execute
on behalf of the Company. fidelity and surety bonds. undertakings. or other contracts of suretyship of a similar nature; and to attach thereto
the seal of the Company; provided however.,thal the absence of the leal shall nol affect the validily of the instrument.
FURTHER RESOLVED. that the signatures of such officers and the seal of the Company. and the signatures 01 any Witnesses, the
signatures and seal of any notary. and the signatures of any officers certifying the validily of the Power of Attorney, may be affixed by facsimile'-
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized alticers
this 27th day of March 1995.
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DiEGO
SS:
March 27thr 1995
On this before me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally know!) to me 10 be the individual and officer who executed the within instrument. and acknowledged
to me that he executed the same in his ofliC?ial capacity and that by. his signature on the instrument the corporation on behalf of which he
aCled, executed the instrument.
WITNESS my hand and official seal.
I ~ . . . ~ . ~~~. ~ 'f
i @ COMM.I952644 ;C
! -.. Notary Pubiic-Ca'fornla f:
I SAN OIEGO COU~.fTY (-
_ _ ? ~ _: c:m~' ~~8t ~~ 1~.1~?
j]{)J)4J1-t1) r9xrLA-J
Notary Public
CERTIFICATE:
I. E. Harned Davis. Vica President of INSURANCE COMPANY OF THE WEST, do hereby certify that the ori9inal POWER OF ATTORNEY.
01 which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority
of the abo....e quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President. on this:
1996.
12TH
day of
JULY
INSURANCE COMPANY OF THE WEST
f lk~W;.l ftJ
E. Harned Davis. Vice President
iCW 37
(
(I
~... 6. ~
CITY OF TEMECUlA
TRAFFIC SIGNAL MITIGATION BOND
.....
Tract No.
Bond No.
141 41 92
Parcel Map No.
23496
Premium $3.659.00
Surety INSURANCE COMPANY OF THE WESPrincipal NORTH PLAZA LLC
Address 5725 Kearny Villa Rd.
San Diego, CA 92123
Address
29400 Rancho California Road
City
City
Temecula, CA
925ql
WHEREAS. the City Council of City of Temecula, County of Riverside, State of
California. and NORTH PLAZA LLC (herein designated as
"Principal") have entered into the attached agreement whereby the principal, recognizing the
impact of his development on existing street and highway facilities, has agreed as a condition
of approval of the ;map to mitigate the impact of the development by payment to the City of
a sum of money to be used for mitigation of such impact; and,
WHEREAS, principal wishes to defer the payment of the sum, and is required under the
terms of said agreement to furnish security to guarantee the payment o.f the traffic signal
mitigation. .
NOW, therefore, we, the principal and Insurance Company of the West as
surety, are held and firmly bound unto the Ci,ty of T emecul~. in the 8en,a,1 Rum
of one hundred fifty seven thousand nlne hundred ~lfty & U/d81~rs
($ 157,950.00 ) lawful money of the United States. for the payment of which sum well
and truly to be made, we bind ourselves; bur heirs, successors, executors and administrators,
jointly and severally, firmly these presel}ts.
The condition of this obligation is such that if the above bonded principal, his or its
he'rs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, provisions in the said agreement and any alteration thereof made as therein provided, on
his or their part, to be kept and performed according to their true intent and meaning, and shall
indemnify and save harmless the City of Temecula, its officers, agents and employees, as
therein stipulated, then this obligaticn sha!1 become null end void; otherwise it shall be and
remain in full force and effect.
3. gmts \Jd3. gmts \s gnalmit. bon
(-)
s'l
,,~
~
AME~l
o
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
}
}ss.
}
On
JULY 17,1996
, before me,
S . WARE
personally appeared
ROBERT R. CHAMBERS
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(e-) whose namete1 is/al:e.-
subscribed to the within instrument and acknowledged to me that he/sl:1eitf'ley executed the same
in his/her/their authorized capacity~ and that by his/hcf/~I,eir signaturels] on the instrument the
person(sJor the entity upon behalf of which the person{sj acted, executed the instrument.
WITNESS my hand and official seal
@ S.WARE
i. Corrmllllon t Il1l2957
it 1II0tay PIlbIIc - CCG'orr*I
lot Angeles COI6l1y
My Comm Expires SlIp 19. 1997
Signature
(This area for official notarial seal)
Title of Document
Date of Document
Other signatures not acknowledged .
TRAFFIC SIGNAL MITIGATION BOND
7-12-96
No. of Pages
DALE G. HARSHAW
2
3008 (1/94) (General)
()
( )
,
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation. all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time. alteration
or add)tion to the terms of the agreement shall in any way affect its obligation on this bond.
and if ooes hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the agreement. Surety further stipulates and agrees that the provisions of
Section 2845 of the Civil Code are not a condition precedent to the Surety's obligations
hereunder and are hereby waived by the Surety.
When the required payment covered by the Agreement is made, the City of Temecula
will there upon release the obligation of this bond.
In witness thereof, this instrument has been duly executed by the principal and surety
above named. on JULY 12 . 19 96
NAME OF PRINCIPAL:
NORTH PLAZA, a Limited Liabilitv Company
29400 Rancho California Road Temecula,
Robert R. Chambers, Manager
CA
92591
AUTHORIZED SIGNATURE(S):
./~~~
/tiobert R. Chambers, Mager
Title
Title
Title
[SEAL]
NAME OF SURETY; INSURANCE COMPANY OF THE WEST
AUTHORIZED SIGNATURE: ~~0. b~
D E G. HARSHAW, ATTORNEY-IN-FACT
agmts\ldagmts\sgnalmit.bon
2
,
..
()
(-)
State of California )
County of San Diego )
On July 12. 1996 before me, Shetyl Smith. Notaty Puh1i\;;, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
I ~' . SHERYL SMITH "I
-"" COMM. #1060479 0
g..: NOT~~YD~~~M~~IA ~
(J, ~ Commission Expil8l i
.1 " JUNE 4, 1m
,
- ~)
( ) (
InsuJ'ance Company of the West
HOME OFFICE: SAN DIEGO. CALIFORNIA
~ .
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. . Calilornia Corporation. do.. hereby appoint:
DALE G. HARSHAW
its true and lawful Attorney(s).in-Fact. with iull power and authority. to execut.. on behalf 01 thl Company, fidelity and surety bonds. undertakings,
and other contracts of suretyship of a similar nalure.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board
01 Direclors on the 22nd day of November. 1994, which said Resolution has nol be.n amended or rescinded and of which the following is 8
true copy:
"RESOLVED. that the Chairman 0' the Board, the President, an Executive Vice President or a Senior Vice President of the Company,
and each 01 them. is hereby authorized to execute Powers of AUorney qualifying the attorney named in the given Power of Attorney to execute
on behalf of the Company, fidelity and surety bondi, undertaking., or other contractl of luretyship of a similar nature; and to attach thereto
the seal of the Company; provided however. that the abaence of the .e.1 shall not affect the validity of the instrument.
FURTHER RESOLVED. that the signatures of such officers and the seal of the Company, and the signatures of any witnesses. the
signatures and s8al of any notary, and the signatures of any officers certifying the validity of the Power of Anorney, may be affixed by facsimile.-
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused Ihese presents to be signed by its duly authorized officers
this 27th day of March 1995.
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN OIEGO
SS:
March 27thr 1995
On this before me personally appeared John L. Hannum. Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument. and acknowledged
to me that he executed the same in his official capacity and that by. his signat~re on the instrument the corporation on behalf 01 which he
acted, executed the instrument.
WITNESS my hand and offiCIal .eal.
r . . . - ~~~ H 'f
~ @ COMM. #952644 I
I -0 Notary PubHc-CaMo,"'a ~
J SAN DIEGO COUI.JTV (-
_ _ y _ .~c~~.~:os_~ 1~.1~_
y!{)IJffJ1/1) r9~-f 1>>
Notary Public
CERTIFICATE:
I. E. Hemed Oavis, Vice Presiden, of INSURANCE COMPANY OF THE WEST, do hereby certily tha"he original POWER OF ATTORNEY.
of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority
01 the above quoted resolution.
IN WITNESS WHEREOF. I have subscribed my name as Vice President, on this:
1996.
12TH
day of
JULY
INSURANCE COMPANY OF THE WEST
f lht.~l "'J
E. Harned Davis. Vice President
ICW 37
.'
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()
AN EMPLOYEE OWNED COMPANY
JDhn Burnhaln
& CDlnpang
///I//IIII!IIIIIIIIII IJ'L7'1'~'JJ/#~
CA LICENSE 0099753
610 WEST ASH STREET SAN DIEGO. CA 92101-3381 TELEPHONE 619-231-1010
July 16, 1996
Mr. Bob Chambers
NORTH PLAZA LLC
29400 Rancho California Road
Temecula, CA 92591
RE: BOND NO. 141 41 92
RIDER FOR TRAFFIC SIGNAL MITIGATION BOND PARCEL MAP
NO. 23496
Dear Bob:
Enclosed is an original rider issued to change the bond number for the original bond
from 141 1492 to 14841 92. Once signed by North Plaza LLC as Principal, the rider
should be forwarded to the City of Temecula so that it may be attached to the original
bond.
If you have any questions please call me at 525-2707.
Sincerely.
~
Kimberly
Account Representative
/sel
Enclosures
.-
.'
("
RIDER
TO BE ATTACHED TO AND i'OlUl PART OF BOIlll NO.
PRINCIPAL North Plaza LLC
IN FAVOR OJ!
The City of Temecula
I~ IS AGREBD TBA~,
( )
141 41 92
AMOUNr $157,950.00
The bond number ~s hereby changed from 141 41 92 to 148 41 92.
"'
'I.'IlIS RIDER IS EFFECTIVE
7/12/96
General Use Rider
ICW CAL 384
TIlE WEST
,
( ')
l J
State of California )
County of San Diego )
On July 16. 1996 before me, Sheryl Smith, Notary Public, personally
appeared Jack G. Lupien, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
0~
l'i SHERYL SMITH . t
~... COMM. #1060479 0
... NOTARY PUBLIC(:AUfORNIA l!l
~.. SAN OIEl;iO. COUN~ ~
-u My CommissIOn Expa \
1 ~.. JUNE 4,1999
.
".
( )
Insurance
I )
Company of the West
HOME OFFICE: SAN DIEGO. CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint:
JACK G. LUPIEN
its true and lawful Attorney(s)-in-Fact. with full power and authority, to execute. on behalf of the Company, fidelity and surety bonds. undertakings,
and other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board
01 Directors on the 22nd day of November. 1994. which said Resolution has not been amended or rescinded and of which the following is a
true copy:
"RESOLVED, that the Chairman of the Board. the President, an Executive Vice President or a Senior Vice President of the Company,
and e8ch of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute
on behalf of the Company. fidelity and surety bonds. undertakings, or other contracts of suretyship of a similar nature; and to attach thereto
the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the
signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.-
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
th;s 27th day of March 1995.
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
John L. Hannum, Senior Vice President
March 27th, 1995
On this before me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged
to me thai he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of which he
acted, executed the instrument.
WITNESS my hand and official seal.
r~-~-u ~ - ;~:P~RT:R' . Ot
i . COMM. #%2644 !
I: . .0' Notary Pubhc-Col,rornlo E.
SAN DIEGO COUNTY r
J _ _ ~ ~~c~~,~~~es:~ 1~,1~6_{
YiMAuV~
Notary Public
CERTiFICATE:
l. E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY,
of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority
01 the above quoted resolution.
IN WITNESS WHEREOF. have subscribed my name as Vice President, on this
July 19 96,
16th
day of
"'"7:;;:; 4L
E, Harned Davis, Vice President
ICW 37
ITEM 1 0
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
.~
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
Herman D. Parker, Director of Community servic~
TO:
DATE:
February 22, 2005
SUBJECT:
Harveston Lake and Lake Park Development and Transfer
Agreement
PREPARED BY:
Cathy McCarthy, Development Services Administrator /
RECOMMENDATION: That the City Council approve the Harveston Lake and Lake Park
Development and Transfer Agreement
BACKGROUND: Harveston is a large Specific Plan located at the northern
boundary of the City east of Interstate 15. The Specific Plan included an 8.4 acre lake
surrounded by an 8.7 acre park. Section 4.9 of the Development Agreement dated August 28,
2001states "Lennar desires to convey fee title to the completed facilities to the City, subject to
certain as yet unfinalized terms and conditions. City is willing to accept the dedication of the
Lake, Lake Park and Amphitheater so long as the final terms and conditions are acceptable."
This Development and Transfer Agreement addresses the terms and conditions for the transfer
of the Harveston Lake and Lake Park.
The construction of the Lake and Lake Park has been substantially completed by the developer.
The Lake Park facilities include an informal grass amphitheater; gazebo; two restrooms; a boat
dock; storage facility; age appropriate play areas; benches and a ten (10) foot walkway. As per
this agreement, the developer is required to complete a list of items identified in Section 3.1.a.
prior to the transfer of this park site which is scheduled to occur March 29, 2005.
FISCAL IMPACT: It is estimated that the maintenance costs for the remainder of this
fiscal year will be approximately $65,000. This amount has been requested as part of the mid
year budget process.
ATTACHMENTS:
Agreement
Harveston Lake and Lake Park Development and Transfer
R:\McCarthC\Agenda Reports\Harveston Lake and Lake Park Aquisition Agreement.doc
HARVEST ON LAKE AND LAKE PARK
DEVELOPMENT AND TRANSFER AGREEMENT
This Harveston Lake and Lake Park Development and Transfer Agreement
("Agreement") is entered into this 22nd day of February, 2005 between the City of
Temecula, a California Municipal Corporation ("City") and general law city and Harveston
LLC, a Delaware limited liability company ("Developer") (City and Developer are
collectively "Parties").
RECITALS
A. Developer obtained vested development rights to develop the project
described in the Harveston Specific Plan ("Specific Plan"). Pursuant to the Specific Plan,
Developer has designed and constructed an approximately eight (8) acre lake ("Lake"), and a
public park surrounding the lake ("Lake Park") (Lake and Lake Park, together with their
respective plans, designs, and specifications are each a "Facility," and collectively,
"Facilities").
B. The Lake and Lake Park are located on the real property described in Exhibit
"A" and incorporated herein ("Real Property"). Developer shall thereafter convey the same,
at no charge, to the City, pursuant to the terms of this Agreement.
C. Pursuant to this Agreement, City shall maintain the Real Property, as
improved and transferred to the City, as a public park, available for general public use. The
monies the City shall use for maintenance, repair and operation of the Facilities shall include
monies from the Harveston CFD, and other sources, in accordance with the terms ofthat
certain Development Agreement dated August 28, 200 I ("Development Agreement. ")
D. This Agreement is intended to establish the rights, duties and responsibilities
of the Parties as regard the development, conveyance, maintenance, and use of the Lake and
Lake Park. This Agreement satisfies and refines Developer's obligations under Sections 4.9
of the Development Agreement, as subsequently assigned to Harveston LLC.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereto do hereby agree as follows.
805472.3 Z/ts/os
1
1. Definitions.
A. Association. Association means Harveston Community Association, a
California nonprofit public benefit corporation, formed pursuant to the California Nonprofit
Public Benefit Corporation law, and its successors.
B. CFD. CFD means the "Temecula Public Financing Authority" Community
Facilities District No. 01-2 (Harveston) Variable Rate Demand Special Tax Bonds, 2002
Series A.
C. Citv. City means the City of Temecula and its various departments, divisions,
employees and representatives, including the Temecu1a Community Services District
("TCSD").
D. Developer. Developer means Harveston LLC, a Delaware limited liability
company, its successors and assigns, as successor to Lennar Homes, Inc., pursuant to that
certain assignment dated May 28, 2002, and recorded as Instrument No. 2002-3 11178 in the
Office of the Riverside County Recorder.
E. Development Agreement. Development Agreement means that certain
Development Agreement dated as of August 28,2001 entered into among Lennar Homes of
California, Inc., Winchester Hills LLC and the City recorded in the Office of the Riverside
County Recorder on January 16, 2002, as Document No. 2002-026470.
F. Facilitv. Facility means any of the Lake, the Lake Park, and their respective
plans, designs, and specifications.
G. Facilities. Facilities shall mean the Lake and the Lake Park and all personal
and real property affiliated therewith.
H. Facilities Acceptance. The term "Facilities Acceptance" is defined in Section
3.1.
I. Fiscal Year. Fiscal Year means the City's fiscal year which begins on July 1
and ends on June 30.
J. Harveston. Harveston means the approximately 550 acre master planned
community being developed by Developer pursuant to the Harveston Specific Plan, which
includes the Real Property.
K. Harveston Communitv Association. Harveston Community Association
means the Harveston Community Association, a California nonprofit public benefit
corporation, formed pursuant to the California Nonprofit Public Benefit Corporation law, and
its successors.
805472.3 2115/05
2
L. Lake. Lake means the approximately eight (8) acre man-made lake located
on the Real Property as more particularly described in the description attached hereto as
Exhibit "A".
M. Lake Park. Lake Park means the park surrounding the Lake, including but
not limited to the gazebo, boathouse, amphitheatre and dock facility, tot-lot, and two (2)
restroom facilities.
N. Lake Manual. Lake Manual means those two certain operating and
maintenance standards for the Lake during the developer Operating Period, as more fully
described in the Lake Manual and Operation & Maintenance Manual for Harveston Lake
prepared by Valley Crest Landscape Development (TCS Job # 107088) and the Lake
Manual prepared by Haden Glen dated September 1, 2003 and with both incorporated
herein by this reference.
O. Real Propertv. Real Property means the Lake and the Lake Park, as more
particularly described in Exhibit "A" to this Agreement.
P. Warrantv Period. The term "Warranty Period" is defined in Section 5 of this
Agreement.
2. Desie:n and Construction of Facilities.
2.1 Developer, at its own cost, had construction plans for the Facilities
professionally prepared, and submitted these plans to the City. The City reviewed the
construction plans and approved them in accordance with its approval process. Developer
has paid for the construction plans and all processing fees required to be paid to City.
2.2 The descriptions for the approved Facilities constructed by Developer are
attached hereto as Exhibits "Bl "and "B2", respectively, and incorporated herein.
2.3 Developer shall continue to assist City's review and inspection of the ongoing
operation of the Facilities by:
a. Providing City and its representatives access onto the Real Property and the
right to inspect the Facilities.
b. Delivering to City originals of all independently prepared manuals,
programs, protocols or similar information which describes or details the maintenance
actions for the Lake, including but not limited to water management, fish stocking and
aquatic plant management, as more particularly described in the Lake Manual.
3.Transfer of Title/Condition Precedent to Transfer of Facilities.
3.1 Developer shall transfer title to the Facilities, free and clear of all liens and
805472.3 2/15/05
3
encumbrances, and without further consideration, to City on March 29, 2005 as provided in
this Agreement. It is further understood by the parties that pursuant to subdivision (iv) of the
"Rate and Method" section of the CFD, the Lake Park will be classified as tax exempt
properties.
a. Final Insoection. City has conducted a Final Inspection of the Facilities and
generated a punch-list of any items in the need of completion or repair. Developer shall
complete, repair or replace the following items on or before March 10, 2005, except for
those items which must be ordered, in which case the items shall be ordered on or before
March 10,2005 and installed as soon as practicable following receipt of the back-ordered
item:
(I) Developer shall provide all turn-over items (ie. As-built drawings,
Calsense review and certification on controllers, master valves and flow meter installations,
controller charts, manuals, extra equipment, etc.) to the City;
(2) Developer shall review all irrigation and shall adjust all sprinklers
and rotors to trim hardscape areas and walls, fix leaky caps, and plumb all sprinklers;
insure all heads are installed at proper heights; all irrigation systems shall be reviewed to
insure that shrubs do not conflict with coverage;
(3) Replace missing ground covers through out the park site;
(4) Install six inch (6") mow curb under existing vinyl fence at the
northwest comer of the park between the Lake cottages and park connecting Harveston
Drive to the lake front road; complete the lot line adjustment between Lot 69 of Tract
30669 and the Lake Park, Lot \3 of Tract 29639-1;
(5) Identify PVC pipe riser to the north of the southern most shade
structure at the southwest side of the Lake (across the walk from remote control valve A2);
note the location on the as-built drawings and place a valve box over it.
(6) Replace broken pavers throughout Park site;
(7) Eradicate moss, algae and grass in the Lake;
(8) Install men's and women's restroom identification signage at the
boat house and play area;
(9) Remove rust from all stainless steel fixtures or replace them;
(10) Fill/patch all wall holes in restroom areas (around electrical boxes,
plumbing fixtures and water fountains, missed drill holes, etc.)
(II) Replace the arch post swing;
805472.3 2115105
4
(12) Repair bubbling paint on shade trellis at the southwest end of the
Lake; check all shade structures and trellises;
(13) Install surge protectors for electrical system; and
(14) Obtain final inspection and certificate of occupancy from Building
Department.
b. Facilities Acceptance. Concurrently with the approval of this Agreement,
Developer shall deposit the sum of seventy five thousand dollars ($75,000.00) in cash with
the City for the purpose of securing repair or installation of the items described in Section
3.1 a. In the event these items are not repaired or installed to the City's reasonable
satisfaction by March 10, 2005 or upon the receipt of the ordered items, as applicable, the
City may draw upon the deposit and complete the work itself. City shall maintain records
of such work and, upon request, shall provide copies of such records to Developer. Upon
the completion of the work, City shall return the remaining amount of the deposit, without
interest, to the Developer. Developer authorizes and directs the City to use the
maintenance funds collected as of the date of this Agreement from the CFD for the uses
specified in the CFD.
c. Transfer of title. Upon receipt of a title report satisfactory to City, the Lake,
and Lake Park, respectively, shall be accepted by City, and Developer shall transfer title to
each, by a Warranty Grant Deed, to the City and City shall accept such title as conveyed by
such Deed. The City shall use its best efforts to eXpeditiously docket the title transfer for
the City Council meeting of March 22, 2005, and take any and all other necessary
measures, to assure that the title of the Lake and Lake Park, respectively, is transferred to
the City on March 29, 2005.
3.2 Title Insurance. Concurrent with the transfer oftitle for the Lake Park and
Lake, Developer at its sole cost shall provide to City, on City's behalf individual policies of
Title Insurance, in the amount of $182,000 per acre plus the costs of improvements. The
dollar amount of said policy(ies) shall be approved by City prior to City's acceptance oftitle
to the Facilities and each of them.
3.3 Maintenance and Establishment Period of the Facilities. There shall be no
Maintenance and Establishment Period for the Facilities.
3.4 Developer's Actions Prior to Execution of Agreement. Prior to the execution of
this Agreement by City, Developer shall show proof of satisfaction ofthe following actions:
805472.3 2/15105
5
a. Maintenance Manual and Training. Developer has caused to be prepared by an
independent consultant the Lake Manuals that provide detailed recommended operating and
testing criteria for the Lake and delivered the same to City free of charge.
b. Eauipment. Developer, at its own cost, shall have delivered an immediately
negotiable warrant in the sum of six thousand five hundred dollars ($6,500) to be used to
outfit the Lake with necessary personal property, including but not limited to a maintenance
boat, paddle boats, equipment relating to such boats and maintenance equipment.
4. Maintenance and Manaeement of the Lake.
4.1 Extraordinarv Operational Rules and Regulations. City shall, pursuant to its
routine procedures, operate and maintain the Facilities and, in its sole discretion, establish
any unique or extraordinary operational rules and regulations City deems necessary or
desirable for the Facilities or each of them.
4.2 Paddle Boats. Docks and Boathouse. City shall operate and maintain the
paddle boats, docks and boathouse in the Lake, in a manner consistent with the City's
ordinary procedures for the same or is manner calculated to best serve the Facilities due to
unique circumstances not otherwise applicable in other City recreational facilities.
4.3 Scheduling Prioritv. Upon transfer to the City of the Facilities, City shall provide
Developer the same extraordinary scheduling rights and privileges which City shall extend to
the Harveston Community Association, or any entity representing the Harveston Community
Association on behalf of the residents of the Harveston development.
4.4 Funding for Maintenance. Upon transfer of Facilities to City, City shall be
solely responsible for funding the maintenance of the Facilities through sources including,
but not limited to, CFD, special tax fees, and other City funds as may be available. After
transfer of Facilities, Developer and the Harveston Community Association shall have no
funding obligation for maintenance expenses for the Facilities.
4.5 Training of City Personnel. During the Maintenance and Establishment Period,
Developer shall, at no cost to City, offer training to City personnel, as City may elect, in all
elements of Lake management, in accordance with the Lake Manual.
4.6 Maintenance Standards.
a. During the Maintenance and Establishment Period, Developer shall
operate and maintain the Lake in accordance with the Lake Manual.
b. After the Maintenance and Establishment Period, City shall maintain or
cause to be maintained the Facilities in a manner and to standards consistent with City's
805472.3 2/15/05
6
routine operation and management of City.
5. Warranty for Facilities.
5.1 Lake Component. Developer shall guarantee and warranty against all defects in
the design and construction of the Lake (including but not limited to works, labor and
materials), the decisions regarding water used to fill the Lake and the advice contained in
the Lake Manuals for a period of one (1) calendar year from the date title vests in City
pursuant to this Agreement and the instruments utilized to effectuate the transfer of fee title
to City have been delivered to City's possession ("Warranty Period.") If within the
Warranty Period, any work or improvement or part of any work or improvement done,
furnished, installed, constructed or caused to be done, furnished, installed, or constructed
by Developer or the advice in the Lake Manuals fails to fulfill any of the requirements of
this Agreement or the improvement plans and specifications referred to herein, Developer
shall without delay and without any cost to City, repair or replace or reconstruct any
defective or otherwise unsatisfactory part or parts of the work or structure. Should
Developer fail to act promptly or in accordance with this requirement, Developer hereby
authorizes City at City's option, to perform the work twenty days after mailing written
notice of default to Developer and to Developer's counsel and agrees to pay the cost of such
work by City. Should the City determine that an urgency requires repairs or replacements
to be made before Developer can be notified, City may, in its sole discretion, make the
necessary repairs or replacement or perform the necessary work and Developer shall pay to
City the cost of such repairs. After the Warranty Period, Developer shall assign to City any
and all warranties against defective work or labor done or defective materials furnished
which it may have obtained from its consultants, contractors, subcontractors and suppliers
with regard to the Lake Facility.
5.2 Lake Park Component. Developer shall guarantee and warranty against all
defects in the design and construction ofthe Lake Park, (including but not limited to works,
labor and materials) the decisions regarding water used to fill the Lake and the advice
contained in the Lake Park Manuals for a period of one (I) calendar year from the date title
vests in City pursuant to this Agreement and the instruments utilized to effectuate the
transfer of fee title to City have been delivered to City's possession ("Warranty Period.")
If within the Warranty Period, any work or improvement or part of any work or
improvement done, furnished, installed, constructed or caused to be done, furnished,
installed, or constructed by Developer fails to fulfill any of the requirements of this
805472.3 2/15/05
7
Agreement or the improvement plans and specifications referred to herein, Developer shall
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Developer fail to act
promptly or in accordance with this requirement, Developer hereby authorizes City at
City's option, to perform the work twenty days after mailing written notice of default to
Developer and to Developer's counsel and agrees to pay the cost of such work by City.
Should the City determine that an urgency requires repairs or replacements to be made
before Developer can be notified, City may, in its sole discretion, make the necessary
repairs or replacement or perform the necessary work and Developer shall pay to City the
cost of such repairs. After the Warranty Period, Developer shall assign to City any and all
warranties against defective materials, work or labor done or defective materials furnished
which it may have obtained from its consultants, contractors, subcontractors and suppliers
with regard to the Lake Park Facility.
6. Entire Aereement.
This Agreement constitutes the entire agreement between the Parties hereto
pertaining to the subject matter hereof, and fully supercedes any and all prior
understandings, representations, warranties and agreements between the Parties (including,
but not limited to, provisions in the Development Agreement contrary to provisions
herein), or any of them pertaining to the subject matter hereof.
7. Notices.
Any and all notices, requests or other communications required or permitted to be
given under this Agreement or by reason ofthis Agreement shall be in writing and shall be
deemed to have been given when: (i) delivered in person or by courier or overnight delivery
service; or (ii) five (5) business days after mailing, by certified or registered mail, return
receipt requested, to the parties at the following addresses or any such other address or
addresses as the parties may from time to time, designate in writing in the manner herein
specified:
CITY: CITY OF TEMECULA
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033 Attention: City Manager
Copy to: RICHARDS, WATSON & GERSHON
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3101
Attention: Mr. Peter M. Thorson, City Attorney
805472.3 2/15/05
8
With a copy to: Mr. William P. Curley III, Assistant City Attorney
DEVELOPER: HARVESTON LLC
c/o Lennar Communities
391 N. Main Street, Suite 301 Corona, CA 92880
Attention: Kevin J. Lynch, Project Manager
Copy to: ALHADEFF & SOLAR, LLP
41607 Margarita Road, Suite 103
Temecula, California 92591
Attention: Mr. Samuel C. Alhadeff, Esq.
8. Attornev's Fees.
In the event either party brings any action as law or in equity in relation to this
Agreement, or to declare such party's rights concerning this Agreement, the prevailing party
in such suit or action, on trial or appeal, in addition to all other sums to which it may be
entitled, shall be entitled to recover from the non-prevailing party a reasonable sum for its
attorneys' fees and to pay any and all other costs and expenses that have been incurred by the
prevailing party, either directly or indirectly, in connection with said action or suit, as shall
be fixed by the court.
9. Further CooDeration
Each party to this Agreement agrees to promptly perform such additional acts and to
deliver such additional items or documents which may be reasonably necessary to carry out
the terms and provisions of this Agreement.
10. Amendment.
No amendment to this Agreement shall be effective unless first provided in writing.
and executed by the parties hereto.
11. RelationshiD.
The terms and provisions of this Agreement shall not cause the parties hereto or any
of each parties' agents, consultants, contractors or other providers of professional services
to be construed in any manner whatsoever as partners, joint venturers or agents of each
other in the performance of their respective duties and obligations under this Agreement, or
subject either party to this Agreement to any obligation, loss, charge or expense of the
other party to this Agreement.
12. Time of the Essence.
Time is expressly made ofthe essence of each and every provision of this
Agreement.
805472.3 2/15/05
9
13. Successors.
The provisions of this Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assignees.
14. Remedies.
No remedy or election hereunder shall be deemed to be exclusive but shall, wherever
possible, be cumulative with all other remedies at law or in equity.
IS. Jurisdiction.
This Agreement shall be construed and interpreted in accordance with the laws of
the State of California. Venue for any action arising directly or indirectly under this
Agreement shall be in the Superior Court of Riverside County, California.
IN WITNESS WHEREOF, the parties hereof have executed and entered into this
Agreement as of the date set forth above.
HARVESTON LLC, a Delaware limited
liability company
Lennar Homes of California, Inc., a California Corporation, its Administrative Member
By:
Its: Vice President
Name:
DEVELOPER'S SIGNATURES MUST BE NOTARIZED
CITY OF TEMECULA, a municipal corporation
By:
Jeff Comerchero, Mayor
Attest:
Susan Jones, City Clerk
Approved:
Peter M. Thorson, City Attorney
805472.3 2/15/05
10
ITEM 11
APPROVAL
C"'h. ."
CITY ATTORNEY , ......_
DIRECTOR OF FINANC~ J-II<-
CITY MANAGER ( .l'I f
V
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Herman D. Parker, Director of Community service~
February 22, 2005
DATE:
SUBJECT:
Agreement to Defer Conditions of Approval for Tract Map 29305-F
PREPARED BY:
Cathy McCarthy, Development Services Administrator /
RECOMMENDATION: That the City Council approve the Agreement to Defer Completion
of the Conditions of Approval until after Recordation of Final Map for Tract 29305-F.
BACKGROUND: Tract Map NO.29305-F is located south of Wolf Valley Road and
east of Pechanga Parkway.
On January 23, 2001 the City Council approved Tentative Tract Map 29305, with the
appropriate Conditions of Approval and SUbsequently on October 11, 2001 the Planning Director
approved the Phasing Map for Tentative Tract Map 29305 which consists of two phases.
This agreement will defer Conditions of Approval 57, 60 and 61. These conditions require that
the construction drawings for the parks and TCSD slope/landscape maintenance areas be
reviewed and approved by the Director of Community Services and that the Developer provide
security and enter into improvement agreements for said improvements prior to recordation of
the final map. In exchange for deferring these conditions to the first building permit, the
developer has agreed to 1) mass grade and balance the 1.5 acre Civic Use parcel that is to be
dedicated to the City and 2) design and construct at their own expense the parking lot
improvements on the 1.5 acre parcel adjacent to Kent Hintergardt Park. This parcel has already
been dedicated to the City as part of the Wolf Creek Development Agreement. This parking lot
will support the existing park and the proposed Boys and Girls Club.
FISCAL IMPACT:
None
ATTACHMENTS:
Agreement to Defer Completion of Conditions
R\McCarthC\Agenda Reports\Defer Conditions of Approval for Tract 2930S-F.doc
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attn: City Clerk
Exempt from recording fees pursuan1 to Govt. Code Section 27383
(Space above for recorder's use)
AGREEMENT TO DEFER COMPLETION OF CONDITIONS OF
APPROVAL UNTIL AFTER RECORDATION OF FINAL MAP
FOR TRACT NO. 29305-F (WOLF CREEK SPECIFIC PLAN NO.
ill
This Agreement is made and entered into as of February 22, 2005 by and between the
CITY OF TEMECULA, a municipal corporation ("City") and STANDARD PACIFIC CORP.
("Developer") with respect to the following fac1s:
Recitals
A. The City and S-P Murdy, LLC entered into that certain
Developmen1 Agreement (the" Development Agreement"), dated February 13,2001, and
recorded on October 3, 2001, as Instrument No. 2001-481217 with respect to the Property. On
December 15,2003, the City, Developer, and S-P Murdy entered into that certain "First
Operating Memorandum" to clarify certain terms of the Development Agreement.
B. The real property which is the subject of the Development Agreement
and this First Amendment to the Development Agreement is located in the City of Temecula,
County of Riverside, S1ate of Cali fomi a and is generally known as the Wolf Creek Specific Plan
No. 12 ("Property"). The Property is more specifically described on Exhibit A, Legal
Description of Property, attached hereto as Exhibit A and incorporated herein as though set forth
in full.
C. On or about July 2,2003, Owner purchased a portion ofthe Property
1
(northerly of Wolf Valley Road and exclusive ofthe commercial portion) from S-P Murdy, and
has entered into an option agreement with S-P Murdy for the purchase of 1he remainder of the
Property (southerly of Wolf Valley Road and exclusive of the commercial portion). In
connection with the July 2, 2003 purchase and sale and pursuant 10 tha1 certain Assignment and
Assumption of Development Agreement dated as of July _, 2003, S-P Murdy assigned to
Developer all of its right, title and interest in and to the Development Agreement to the extent
that such right, title and interest in the Development Agreement related to the Property acquired
by Owner, and S-P Murdy delegated to Owner, and Owner assumed, certain obligations arising
under the Development Agreement.
D. On or about , Owner purchased the remainder ofthe
Property (southerly of Wolf Valley Road) from Sop Murdy. In connection with the
purchase and sale and pursuant to that certain Assignment and Assumption
of Development Agreement dated as of , Sop Murdy assigned to Developer all
of its right, title and interest in and to the Development Agreement to the extent that such right,
title and interest in the Development Agreement related to the Property acquired by Owner, and
S-P Murdy delega1ed to Owner, and Owner assumed, certain obligations arising under the
Development Agreement.
E. Owner has conveyed portions of the Property to the following merchant
builders: [merchant builders] ("Merchant Builders"). Owner conveyed the real property
pursuant to the Development Agreement, but retained the obligations under the Development
Agreement to construct the on-site and off-site public improvements.
F. On January 23, 2001, the City Council of the City of Temecula approved
Tentative Tract Map No. 29305 and other land use entitlements with certain conditions of
approval which conditions must be satisfied prior to the recordation of a final map for the
Property ("Original Map"). On October 11,2001, the City Council ofthe City of Temecula
approved the Phasing Map for Tentative Tract Map No. 29305 with certain conditions of
approval that must be satisfied prior to the recordation of a final map for the Property (the
"Conditions of Approval").
G. Condition No. 57 of the Conditions of Approval on the Phasing Map
provides that prior 10 approval of the final map: "The developer, or his assignee, shall offer for
dedication, enter an agreement and post security with the TCSD to improve the proposed
neighborhood park (29305-1 Lot No. 15) and the linear park (29305-1 Lots 19 and 29 and
29305-F Lot Nos. 24 and 27) in accordance with City standards." Condition No. 57 on the
Phasing Map supercedes a similar Condition No. 86 on the Original Map.
H. Condition No. 60 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "Construction drawings for all proposed TCSD
slope/landscape maintenance areas and 1he public park sites shall be reviewed and approved by
TCSD." Condition No. 60 on the Phasing Map supercedes a similar Condition No. 90 on the
Original Map.
I. Condition No. 61 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "The subdivider shall post security and enter
into an agreement to provide all proposed TCSD maintenance areas." Condition No. 61 on the
2
Phasing Map supercedes a similar Condition No. 89 on the Original Map.
J. Developer desires to record the final map for Tract 29305-F (the "Final
Tract Map") prior to the fulfillment of Conditions 57, 60, and 61 of the Conditions of Approval
(collectively, the "Deferred Conditions").
K. In consideration for the City's approval of and permission to record 1he
Final Tract Map prior to the fulfillment of the Deferred Conditions and as a condition of
approval thereof, Developer has agreed to execute and record this Agreement and make it
binding on its successors and assigns, provide certain additional benefits for the City, as more
specifically set forth herein.
NOW, THEREFORE, in consideration ofthe foregoing recitals and the mutual
promises contained herein, Wolf Creek Developmen1 and Standard Pacific covenant, promise
and agree for the benefit of the City as follows:
I. Recitals. The above recitals, and each of them, are true and correct and
are hereby incorporated by reference herein and made a part hereof.
2. Compliance with Conditions of Approval. Developer covenants and
agrees to and in favor of the City that Developer shall comply with the Deferred Conditions
notwithstanding the approval ofthe Final Map for Trac123509-F. The Deferred Conditions
shall be completed to the full satisfaction of the Director of Community Services prior to the
acceptance of any application for a land use entitlement for the Property or any portion of the
Property and prior to the issuance of the first building permit on the Property or on any portion of
the Property. The City may elect to approve any such applications or permi1s, if it determines, in
its sole discretion, that Developer is adequately proceeding to perform its obligations under the
Deferred Conditions and 1his Agreement.
3. Additional Obligations of Developer. Developer agrees to undertake the
following obligations for the benefit of the City in addition to its existing obligations under the
Development Agreement and the Conditions of Approval:
A. Developer shall mass grade [need to define] and
balance [need to define] the Civic Use Parcel dedicated to the City for civic uses
pursuant to Sections 4.4.2 and 4.4.2.B of this Agreement.
B. Developer shall design and construct a parking lot on the City-
owned one and one-half (1.5) acre parcel adjacent to Kent Hintergardt Park. The parking lot
shall support the existing park and the proposed Boys and Girls Club facility. Parking lot plans
shall be submitted to the Director of Community Services on or before May 15, 2005 and shall
be approved by the Direc10r of Community Services. The parking lot plans shall provide for the
parking of vehicles on the parcel and shall include necessary hardscape, security lighting and
perime1er landscaping. Developer shall complete construction ofthe parking lot in accordance
with approved plans on or before September 1,2005.
C. Developer shall approve an Amendment 10 the Development
3
Agreement which provides for a revision to Section 4.2.5(iv) to delete the requirement that
Developer shall not be obligated to expend monies in excess of the respective credits to improve
the Neighborhood and Linear Parks and that Developer will expend such monies as are necessary
to fulfill its obligations to construct the Neighborhood and Linear Parks.
4. Withholding Acceptance of Applications for Land Use Entitlements and
Withholding of Building Permit. Developer acknowledges and agrees that by allowing the
Developer to defer compliance wi1h the Deferred Condi1ions until after recordation of the Final
Map, City has severely limited its remedies in the event Developer fails to comply with the terms
of this Agreement and which, if not replaced, could adversely affect the public health, safety and
general welfare. Developer, therefore, acknowledges and agrees that in the event Developer
breaches this Agreement or any portion thereof the City has the legal authority to and may refuse
to process any land use applications for the Property or any portion thereof and withhold the
issuance of building permits or certificates of occupancy, in addition to any other legal remedy
the City may have under law.
5. Submission of Bond to Secure Developer's Obligations. Developer shall
submit to the City concurrently with the execution of this Agreement a surety bond from an
admitted California surety in 1he penal sum of thousand dollars
($ .00) to secure its obligations under this Agreement. The bond required by this
Section shall be in substantially the form set forth on Exhibit B, attached hereto and by this
reference incorporated herein as though set forth in full.
6. Recorda1ion of Agreement. This Agreement shall be recorded in the
office of the County Recorder for the County of Riverside.
7. Covenant Runs With Land. The covenants set forth in this Agreement
shall be covenants running with the land and shall be binding upon the Property and any future
Developers ofthe Property or successors in interest of Developer, and shall run to the benefit of
the City, until this Agreemen1 is released or modified by the City. This Agreement and the
covenants contained herein shall run with the land and shall be a burden upon the Property and
shall be for the benefit of all real property owned or controlled by the City which is located in the
City of T emecula, County of Riverside, State of California. This instrument is intended to be a
covenant running with the land and such intention shall be liberally construed in favor of1he
City. Developer warrants and represents to the City that all actions necessary to make this
Agreement binding upon its successors and assigns to the Property have been completed and that
this is a legal and valid Agreement and is binding upon Developer and its successors and assigns
to the Property.
8. Termination of Agreement. Notwithstanding anything provided herein to
the contrary, the burdens of this Agreement may be terminated by the City Council of the City at
any time by execution and recordation of a notice terminating this Agreement.
9. Time is of Essence. Time is of the essence of each provision ofthis
Agreement of which time of performance is a factor.
10. Citv's Remedies for Breach. In the event of a violation of any of
Developer's obligations set forth herein, the City shall be en1itled to all remedies at law or equity
4
that may be available to it, including the right to seek an injunction against any violation hereof,
an action for specific performance, or an action for damages. In addition to any other remedies
available to the City, upon breach of this Agreement the Developer acknowledges and agrees
that the City has the legal authori1y and that the City may refuse to issue or revoke any grading
permit, building permit, certificate of occupancy, land use entitlement or similar permit, approval
or certificate therefore issued for the Property or any portion of the Property.
11. For Benefit of Citv. This Agreement shall be enforceable by and inure to
the benefit ofthe City and its successors and assigns and shall bind Developer and Developer's
successors and assigns. This Agreement shall be enforceable by 1he Ci1y and any assignee of the
rights of the City. The City shall be entitled to assign its rights hereunder to any governmental
agency or subdivision of the City or of the State of California.
12. Entire Agreement Amendment. This instrument contains the entire
agreement of Developer relating to the rights herein granted and the burdens and obligations
herein assumed. Any oral representations or modifications concerning this instrument shall be of
no force or effect except for a subsequent modification in writing signed by the then current
Developer and lessee ofthe Property and by the City, except for a termination hereof executed
by the City. This Agreement may not be amended, modified or revoked without the written
consent of the City.
13. Attornevs' Fees. In the event of any controversy, claim, or dispute
relating to this instrumen1 or the breach thereof, the prevailing party shall be entitled to recover
from the losing party reasonable attorneys' fees and costs.
14. Captions. The captions used in this Agreement are for convenience only
and therefore do not constitute a part of this Agreement and do not amplify or limit the meaning
of the provisions of this Agreement.
15. Interpretation. This Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Any rule of law (including without limitation
California Civil Code Section 1654) or legal decision that would require interpretation of any
ambiguities in this Agreement against the party tha1 has drafted it is not applicable and is hereby
waived.
16. No Third Partv Beneficiaries. No person or entity shall be deemed to be a
third party beneficiary hereof, and nothing in this Agreement (either express or implied) is
intended to confer upon any person or entity, other than the City and the Developers (and their
respective successors and assigns), any rights, remedies, obligations or liabilities under or by
reason of 1his Agreement.
17. Governing Law. This Agreement shall be construed in accordance with
the laws of the State of California.
18. Necessary Parties. Developer and S-P Murdy warrant and represent to
City that no other parties have any interests in the Property and that Developer has full legal
right, power and authority to enter into this Agreement and undertake the obligations set forth in
this Agreement. Developer further warrants and represents to City that this Agreement is legal,
5
valid and binding against the Developer and its successors and assigns and that the consent of no
other party is required to make this Agreement legal, valid and binding against Developer and its
successors and assigns.
[Remainder of page intentionally left blank]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
CITY OF TEMECULA,
a municipal corporation
Jeff Comerchero
Mayor
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
7
STANDARD PACIFIC CORP., a Delaware
corporation
By:
Name:
Title:
By:
Name:
Title:
8
STATE OF CALIFORNIA
)
)
)
ss.
COUNTY OF
On ,2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared , known to me (or proved to me on
1he basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity and that
his signature on 1he ins1rument, the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Signature in and for said County
and State
STATE OF CALIFORNIA
)
)
)
ss.
COUNTY OF
On ,2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared , known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
ins1rument and acknowledged to me that he executed the same in his authorized capacity and that
his signature on the instrument, the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Signature in and for said County
and State
9
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
11
EXHIBIT B FORM OF BOND
CITY OF TEMECULA
SUBDIVISION FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Temecula, State of California, and Standard Pacific,
Corp., a Delaware corporation (hereinafter designated as "Principal") have entered into
that certain agreement entitled "AGREEMENT TO DEFER COMPLETION OF
CONDITIONS OF APPROVAL UNTIL AFTER RECORDATION OF FINAL MAP
FOR TRACT NO. 29305-F (WOLF CREEK SPECIFIC PLAN NO. 12)" (the
"Agreement"), which Agreement is dated as of March 8, 2005 and is hereby referred to
and incorporated herein as though set forth in full; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for
the Faithful Performance of its obligations under the Agreement:
NOW, THEREFORE, we the Principal and
as surety, are
held and firmly bound unto 1he City of Temecula, California, in the penal sum of
thousand dollars ($ .00) lawful money ofthe United States, for
the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally.
The condition ofthis obligation is such that the obligation shall become null and void if
the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions,
and provisions in the Agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to this or their true intent and meaning, and shall indemnify and save harmless
the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this
obligation shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
12
The surety hereby stipulates and agrees tha1 no change, extension oftime, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or 1he
specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on February 22,2005.
[SEAL]
[SEAL]
PRINCIP AL*
STANDARD PACIFIC CORP., a Delaware
corporation,
By:
Name:
Title:
By:
Name:
Title:
13
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
Surety
By:
Name:
Title:
By:
Name:
Title
'Two signatures are required for
corporations unless corporate documents are
provided that indicate otherwise.
14
State of California }
} ss.
County of Riverside }
On , 2003, before me, , a Notary
Public, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and tha1 by his/her/their signature(s) on the instrument
the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of California }
} ss.
County of Riverside }
On ,2003, before me, , a Notary Public,
personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and tha1 by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
15
CITY OF TEMECULA
CITY CLERK DEPARTMENT
MEMORANDUM
TO: City Council
FROM: Susan W. Jones, City Clerk
DATE: February 22,2005
SUBJECT: City Council Item No. 11 - Agreement to defer conditions of Approval for Tract
Map No. 29305-F
Please find attached a modified agreement for Council Action.
2/22/05
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attn: City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
AGREEMENT TO DEFER COMPLETION OF CONDITIONS OF
APPROVAL UNTIL AFTER RECORDATION OF FINAL MAP
FOR TRACT NO. 2930S-F (WOLF CREEK SPECIFIC PLAN NO.
m
This AGREEMENT TO DEFER COMPLETION OF CONDITIONS OF APPROVAL
UNTIL AFTER RECORDATION OF FINAL MAP FOR TRACT NO. 29305-F (WOLF
CREEK SPECIFIC PLAN NO. 12) (the "Agreement") is made and entered into as of February
22, 2005 by and between the CITY OF TEMECULA, a municipal corporation ("City"), and
WOLF CREEK DEVELOPMENT, LLC, a California limited liability company ("Developer"),
with respect to the following facts:
Recitals
A. The City and S-P Murdy, LLC entered into that certain Development
Agreement (the "Development Agreement"), dated February 13, 2001, and recorded on October
3, 200 I, as Instrument No. 2001-481217, with respect to the Property (as defined herein). On
December 15,2003, the City, Developer, and S-P Murdy entered into that certain "First
Operating Memorandum" to clarify certain terms of the Development Agreement.
B. The real property which is the subject of the Development Agreement is
located in the City of Temecula, County of Riverside, State of California and is generally known
as the Wolf Creek Specific Plan No. 12 (the "Property"). The Property is more specifically
described on Exhibit A, Legal Description of Property, attached hereto as Exhibit A and
incorporated herein as though set forth in full.
808511.1 February 22, 2005
1
C. On or about July 2, 2003, Developer purchased a portion of the Property
(northerly of Wolf Valley Road and exclusive of the commercial portion) from S-P Murdy, and
entered into an option agreement with S-P Murdy for the purchase of the remainder of the
Property (southerly of Wolf Valley Road and exclusive of the commercial portion). In
connection with the July 2, 2003 purchase and sale and pursuant to that certain Assignment and
Assumption of Development Agreement dated as of July 2,2003, Sop Murdy assigned to
Developer all of its right, title and interest in and to the Development Agreement to the extent
that such right, title and interest in the Development Agreement related to the Property acquired
by Developer, and S-P Murdy delegated to Developer, and Developer assumed, certain
obligations arising under the Development Agreement.
D. On or about September 23, 2004, Developer purchased the remainder of
the Property (southerly of Wolf Valley Road and exclusive of the commercial portion) from S-P
Murdy. In connection with such purchase and pursuant to that certain Assignment and
Assumption of Development Agreement dated as of September 23,2004, S-P Murdy assigned to
Developer all of its right, title and interest in and to the Development Agreement to the extent
that such right, title and interest in the Development Agreement related to the Property acquired
by Developer, and S-P Murdy delegated to Developer, and Developer assumed, certain
obligations arising under the Development Agreement.
E. Developer has conveyed portions of the Property to the following
merchant builders: William Lyon Homes and D.R. Horton (the "Merchant Builders").
Developer did not assign to the Merchant Builders, and the Merchant Builders did not assume,
any of Developer's obligations under the Development Agreement to construct the on-site and
off-site public improvements.
F. On January 23,2001, the City Council of the City of Temecula approved
Tentative Tract Map No. 29305 and other land use entitlements with certain conditions of
approval which conditions must be satisfied prior to the recordation of a final map for the
Property ("Original Map"). On October II, 2001, the City Council of the City of Temecula
approved the Phasing Map for Tentative Tract Map No. 29305 (the "Phasing Map") with certain
conditions of approval that must be satisfied prior to the recordation of a final map for the
Property (the "Conditions of Approval").
G. Condition No. 57 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "The developer, or his assignee, shall offer for
dedication, enter an agreement and post security with the TCSD to improve the proposed
neighborhood park (29305-1 Lot No. 14) and the linear park (29305-1 Lot Nos. 18 through 22,
inclusive and 29305-F Lot Nos. 24 and 27) in accordance with City standards." Condition No.
57 on the Phasing Map supersedes a similar Condition No. 86 on the Original Map.
H. Condition No. 60 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "Construction drawings for all proposed TCSD
slope/landscape maintenance areas and the public park sites shall be reviewed and approved by
TCSD." Condition No. 60 on the Phasing Map supersedes a similar Condi1ion No. 90 on the
Original Map.
I. Condition No. 61 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "The subdivider shall post security and enter
808511.1 February 22, 2005 2
'::,'f.'i':'"'.
<:'; .'
:h' -:-o;,;:~, ~,~:
".
.1. ','
into an agreement to provide all proposed TCSD maintenance areas." Condition No. 61 on the
Phasing Map supersedes a similar Condition No. 89 on the Original Map.
1. Developer desires to record the final map for Tract 29305-F (the "Final
Tract Map") prior to the fulfillment of Conditions 57, 60, and 61 of the Conditions of Approval
(collectively, the "Deferred Conditions").
K. In consideration for the City's approval of and permission to record the
Final Tract Map prior to the fulfillment of the Deferred Conditions and as a condition of
approval thereof, Developer has agreed to execute and record this Agreement and make it
binding on its successors and assigns, and to provide certain additional benefits for the City, as
more specifically set forth herein.
NOW, THEREFORE,in consideration of the foregoing recitals and the mutual
promises contained herein, Developer and the City covenant, promise and agree for the benefit of
the City as follows:
I. Recitals. The above recitals, and each of them, are true and correct and
are hereby incorporated by reference herein and made a part hereof.
2. Compliance with Conditions of Approval. Developer covenants and
agrees to and in favor of the City that Developer shall comply with the Deferred Conditions
notwithstanding the approval of the Final Map for Tract 23509-F. The Deferred Conditions shall
be completed to the full satisfaction of the Direc10r of Community Services prior to the
acceptance of any application for a land use entitlement for the Property or any portion of the
Property and prior to the issuance of the first building permit on the Property or on any portion of
the Property. The City may elect to approve any such applications or permits, if it determines, in
its sole discretion, that Developer is adequately proceeding to perform its obligations under the
Deferred Conditions and this Agreement.
3. Additional Obligations of Developer. Developer agrees to undertake the
following obligations for the benefit of the City in addition to its existing obligations under the
Development Agreement and the Conditions of Approval: .
A. Pursuant to those certain rough grade plans for Tract Map No.
30264 approved by the City on September 23, 2004, Developer shall mass grade and balance the
Civic Use Parcel offered to and accepted by the City pursuant to Sections 4.4.2 and 4.4.2.B of
the Development Agreement.
B. Developer shall design and construct a parking lot on the City-
owned one and one-half (1.5) acre parcel adjacent to Kent Hintergard Park. The parking lot shall
support the existing park and the proposed Boys and Girls Club facility. Parking lot plans shall
be submitted to the Director of Community Services on or before May 15, 2005 and shall be
approved by the City's Director of Community Services as soon as possible. The parking lot
plans shall provide for the parking of vehicles on the parcel and shall include necessary
hardscape, security lighting and perimeter landscaping. Developer shall complete construction
of the parking lot in accordance with approved plans on or before September I, 2005. Upon the
City's final inspection and acceptance of the parking lot, Developer shall n01 have any further
obligations or liabilities with respect thereto.
808511.1 February 22, 2005
3
C. Developer shall approve a First Amendment to the Development
Agreement which shall, among other things, modify Section 4.2.5(iv) to provide that Developer
shall be solely responsible for all of the design and construction costs of the improvements to the
Neighborhood and Linear Parks even though such costs will exceed'applicable credits against
development impact fees to which Developer is entitled under the Development Agreement.
4. Withholding Acceptance of Applications for Land Use Entitlements and
Withholding of Building Permit. Developer acknowledges and agrees that by allowing the
Developer to defer compliance with the Deferred Conditions until after recordation of the Final
Map, City has severely limited its remedies in the event Developer fails to comply with the terms
of this Agreement and which, if not replaced, could adversely affect the public health, safety and
general welfare. Developer, therefore, acknowledges and agrees that in the event Developer
breaches this Agreement or any portion thereof the City has the legal authority to and may refuse
to process any land use applications for the Property or any portion thereof and withhold the
issuance of building permits or certificates of occupancy, in addition to any other legal remedy
the City may have under law.
5. Submission of Bond to Secure Developer's Obligations. Developer shall
submit to the City concurrently with the execution of this Agreement a surety bond from an
admitted California surety in the penal sum of One Hundred Thousand Dollars ($100,000.00) to
secure its obligations under this Agreement. The bond required by this Section shall be in
substantially the form set forth on Exhibit B, attached hereto and by this reference incorporated
herein as though set forth in full.
6. Recordation of Agreement. This Agreement shall be recorded in the
office of 1he County Recorder for the County of Riverside.
7. Covenant Runs With Land. The covenants set forth in this Agreement
shall be covenants running with the land and shall be binding upon the Property and any future
developers of the Property or successors in interest of Developer, and shall run to the benefit of
the City, until this Agreement is released or modified by the City. This Agreement and the
covenants contained herein shall run with the land and shall be a burden upon the Property and
shall be for the benefit of all real property owned or controlled by the City which is located in the
City of Temecula, County of Riverside, State of California. This instrument is intended to be a
covenant running with the land and such intention shall be liberally construed in favor of the
City. Developer warrants and represents to the City that all actions necessary to make this
Agreement binding upon its successors and assigns to the Property have been completed and that
this is a legal and valid Agreement and is binding upon Developer and its successors and assigns
to the Property.
8. Termination of Agreement. Notwithstanding anything provided herein to
the contrary, the burdens of this Agreement may be terminated by the City Council of the City at
any time by execution and recordation of a notice terminating this Agreement.
9. Time is of Essence. Time is of the essence of each provision of this
Agreement of which time of performance is a factor.
10. City's Remedies for Breach. In the event of a violation of any of
Developer's obligations set forth herein, the City shall be entitled to all remedies at law or equity
808511.1 February 22,2005
4
. .l . ~
that may be available to it, including the right to seek an injunction against any violation hereof,
an action for specific performance, or an action for damages. In addition to any other remedies
available to the City, upon breach of this Agreement the Developer acknowledges and agrees
that the City has the legal authority and that the City may refuse to issue or revoke any grading
permit, building permit, certificate of occupancy, land use entitlement or similar permit, approval
or certificate therefore issued for the Property or any portion of the Property.
II. For Benefit of Citv. This Agreement shall be enforceable by and inure to
the benefit of the City and its successors and assigns and shall bind Developer and Developer's
successors and assigns. This Agreement shall be enforceable by the City and any assignee of the
rights of the City. The City shall be entitled to assign its rights hereunder to any governmental
agency or subdivision of the City or of the State of California.
12. Entire Agreement; Amendment. This instrument contains the entire
agreement of Developer relating to the rights herein granted and the burdens and obligations
herein assumed. Any oral representations or modifications concerning this instrument shall be of
no force or effect except for a subsequent modification in writing signed by the then current
Developer and lessee of the Property and by the City, except for a termination hereof executed
by the City. This Agreement may not be amended, modified or revoked without the written
consent of the City.
13. Attornevs' Fees. In the event of any controversy, claim, or dispute
relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover
from the losing party reasonable attorneys' fees and costs.
14. Captions. The captions used in this Agreement are for convenience only
and therefore do not constitute a part of this Agreement and do not amplify or limit the meaning
of the provisions of this Agreement.
15. Interpretation. This Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Any rule of law (including without limitation
California Civil Code Section 1654) or legal decision that would require interpretation of any
ambiguities in this Agreement against the party that has drafted it is not applicable and is hereby
waived.
16. No Third ParlY Beneficiaries. No person or entity shall be deemed to be a
third party beneficiary hereof, and n01hing in this Agreement (either express or implied) is
intended to confer upon any person or entity, other than the City and the Developers (and their
respective successors and assigns), any rights, remedies, obligations or liabilities under or by
reason of this Agreement.
17. Governing Law. This Agreement shall be construed in accordance with
the laws of the State of California.
18. Necessary Parties. Developer warrants and represents to the City that no
other parties have any interests in the Property and that Developer has full legal right, power and
authority to enter into this Agreement and undertake the obligations set forth in this Agreement.
Developer further warrants and represents to the City that this Agreement is legal, valid and
binding against the Developer and its successors and assigns and that the consent of no other
808511.1 February 22,2005
5
party is required to make this Agreement legal, valid and binding against Developer and its
successors and assigns.
[Remainder of page intentionally left blank]
808511.1 February 22,2005
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
CITY OF TEMECULA,
a municipal corporation
Jeff Comerchero
Mayor
Attest:
Susan W. Jones, CMC
City Clerk .
Approved As to Form:
~
Pet~r M. Thorson
City Attorney
DEVELOPER
WOLF CREEK DEVELOPMENT, LLC
By:
Name:
Title: President
By:
Name:
Title:
808511.1 February 22,2005
7
STATE OF CALIFORNIA
)
)
)
ss.
COUNTY OF
On , 2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared , known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity and that
his signature on the instrument, the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Signature in and for said County
and State
STATE OF CALIFORNIA
)
)
)
ss.
COUNTY OF
On , 2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared , known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity and that
his signature on the instrument, the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Signature in and for said County
and State
808511.1 February 22, 2005
8
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
808511.1 February 22, 2005
9
EXHIBIT B FORM OF BOND
CITY OF TEMECULA
SUBDIVISION FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Temecula, State of California, and Wolf Creek
Development, LLC, a California limited liability company (hereinafter designated as
"Principal") have entered into that certain agreement entitled "AGREEMENT TO
DEFER COMPLETION OF CONDITIONS OF APPROVAL UNTIL AFTER
RECORDATION OF FINAL MAP FOR TRACT NO. 29305-F (WOLF CREEK
SPECIFIC PLAN NO. 12)" (the "Agreement"), which Agreement is dated as of March 8,
2005 and is hereby referred to and incorporated herein as though set forth in full; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for
the Faithful Performance of its obligations under the Agreement:
NOW, THEREFORE, we the Principal and
as surety, are
held and firmly bound unto the City of Temecula, California, in the penal sum of
thousand dollars ($ .00) lawful money of the United States, for
the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally.
The condition of this obligation is such that the obligation shall become null and void if
the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions,
and provisions in the Agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to this or their true intent and meaning, and shall indemnify and save harmless
the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this
obligation shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
808511.1 February 22, 2005
10
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on March _, 2005.
[SEAL]
[SEAL]
PRINCIPAL*
WOLF CREEK DEVELOPMENT, LLC, a
California limited liability company
By:
Name:
Title:
By:
Name:
Title:
808511.1 February 22, 2005
11
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
808511.1 February 22, 2005
Surety
By:
Name:
Title:
By:
Name:
Title
-Two signatures are required for
corporations unless corporate documents are
provided that indicate otherwise.
12
State of California }
} ss.
County of Riverside }
On , 2005, before me, , a Notary
Public, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of California }
} ss.
County of Riverside }
On , 2005, before me, , a Notary Public,
personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
\
808511.1 February 22, 2005
13
ITEM 12
APPROVAL ~
CITY ATTORNEY
DIR.OF FINANCE ~
CITY MANAGER Y'xl J
Ir
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance~
DATE: February 22, 2005
SUBJECT: Property Insurance Renewal
PREPARED BY:
Gus Papagolos. Fiscal Services Manager
RECOMMENDATION: That the City Council approve the City of Temecula Property
Insurance Policy renewal with Chubb Insurance Company, Landmark American Insurance Company
for the period of February 26, 2005 through February 26, 2006, in the amount of $98,208.
DISCUSSION: The City's General Property insurance policy with Chubb Insurance Company
and Landmark American Insurance Company expires on February 26. 2005. Based on the current
market conditions, staff directed the City's Property Insurance Broker, Brown & Brown / Cal-Surance
Associates, Inc, to market the City's property insurance policy. In response to this request, Brown &
Brown / Cal-Surance Associates, Inc. validated the inventory of all City buildings and property
requiring coverage, and obtained several qualified proposals for basic property insurance. Four of
the most competitive proposals were received from the following companies in the amounts listed
below. Additionally, Brown & Brown / Cal-Surance Associates, Inc. has provided a proposal for
Earthquake and Flood Insurance from Landmark American Insurance Company:
INSURANCE CARRIER
BASE
PREMIUM
EARTHQUAKE/
FINE ARTS I ARCHES
HISTORICAL BUILDING
TOTAL
PREMIUM
Chubb Insurance
$39 ,251
$58,957
$ 98,208
Philadelphia Indemnity
Insurance Company
$41,605
$58,957
$100,562
St Paul Travelers
Insurance Company
Insurance Company of
The West
$45,000
$58,957
$103.957
$73,698
$58,957
$132,655
The total property Insurance premium of $98,208 is an overall increase of $1 ,070 from the previous
year's annualized policy premium of $97,138. This premium is well within the City's expectation
when considering nearly a $1 million value increase.
The City's basic earthquake premium increase 1.5% from $58,068 for the prior year to $58,967. The
City will maintain earthquake coverage in the amount of $15 million based on the total value of all
City property having been assessed at over $27 million, and the fact that total losses are notlikely to
occur in the event of a major earthquake. This is the recommendation from the City's property
insurance broker and is in accordance with the industry standard and practices.
The City's risk is minimal in using Chubb because in addition to being an admitted carrier in the
State of California, it has a financial size category $2 billion of reported capital surplus and
conditional reserve funds. The attached proposals summarize the premium and coverage provided
by Chubb and Landmark American Insurance Companies.
FISCAL IMPACT: Adequate funds for the property insurance premium amounts are available in
the Insurance Internal Service Fund.
Attachments:
I. Chubb Insurance Proposal Summary
II. Earthquake Proposal (Landmark American Insurance Company)
Attachment I
CHUBB INSURANCE COMPANY PROPOSAL SUMMARY
TERM: February 26, 2005 - February 26, 2006
FORMAT: Occurrence
NAMED INSURED: City of Temecula
PROPERTY COVERAGE
LOCATION BUILDING & CONTENTS DEDUCTIBLE
ALL $27,039,815 $10,000 per
occurrence
COVERAGE INCLUDED:
COVERAGE LIABILITY LIMIT
Building & Personal Property $27,039,815
Contractor's Equipment $359,800
Business Income Extra Expense - Blanket $221,716
Fine Arts $100,000
Valuable Papers $1,170,000
Misc Unscheduled Equip & Mobile Voice Equip $150,000
EDP Property Blanket $2,660,000
Personal Property at Unnamed Locations $396,000
Machinery Breakdown Included
Attachment I cont'd
Coverages Included in $250,000 "Blanket Limit"
ADDITIONAL COVERAGES Chubb Form LIMIT
Electronic Data Processing Equipment Blanket Limit
Personal Property of Employees Blanket Limit
Consequential Damage Blanket Limit
Fire Department Service Charges Blanket Limit
Fine Arts Blanket Limit
Extra Expenses Blanket Limit
Accounts Receivable Blanket Limit
Valuable Papers Blanket Limit
Outdoor Trees, Shrubs, Plants or Lawns Installation Blanket Limit
Leasehold Interest Blanket Limit
Newly Acquired Premises or Constructed Property (180 Days)
COVERAGES With Specific Limits
Building
Personal Property
Electronic Data Processing Equipment
Electronic Data Processing Media & Duplicates
Fine Arts
Telephone Equipment
LIMIT
$2,000,000
$1,000,000
$1,000,000
$100,000
$20,000
$100,000
Attachment II
EARTHQUAKE COVERAGE TO BE PROVIDED BY LANDMARK
AMERICAN INSURANCE COMPANY
COVERAGE:
Difference In Conditions including earthquake, earthquake sprinkler
leakage, and flood.
INTERESTS COVERED:
Real property, personal property, business income, extra expense,
valuable papers, EDP hardware, EDP software, EDP extra expense,
stock tenants improvements, and betterments, and equipment.
LIMITS:
$15,000,000 per occurrence, and in the annual aggregate as
respects earthquake sprinkler leakage subject to earthquake
aggregate.
UNDERLYING
L1MITSIDEDUCTIBLE
$25,000
per occurrence, except
5%
per unit of insurance (including time element) subject
to a minimum of $50,000 per occurrence for
earthquake
$50,000
per occurrence for flood
EXCLUSIONS:
Pollution, contamination, asbestos, flood zone 'A', 'V', or 100 Year
flood plain.
VALUATION:
Replacement cost, except actual loss sustained on time element
ITEM 13
APPROVAL '" ,,/
CITYATTORNEY 'IA L.-
DIRECTOR OF FINAN,.9E bL
CITYMANAGER~ /'
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
~lAvilliam G. Hughes, Director of Public Works/City Engineer
February 22, 2005
TO:
DATE:
SUBJECT:
Acceptance of a portion of Winchester Road into the City-Maintained Street
System within the Harveston CFD Project No. 01-02 (Winchester Road
Widening between Jefferson Avenue and Interstate 15)
PREPARED BY:. uI Ronald J. Parks, Deputy Director of Public Works
)i:jteve Charette, Associate Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING A PORTION OF WINCHESTER ROAD INTO THE CITY-
MAINTAINED STREET SYSTEM LOCATED WITHIN THE HARVESTON
CFD NO. 01-02 (WINCHESTER ROAD WIDENING BETWEEN
JEFFERSON AVENUE AND INTERSTATE 15)
BACKGROUND: On July 01, 2002, the Board of Directors of the Temecula Public
Financing Authority (the "Authority") established a Harveston Community Facilities District ("CFD")
No. 01-02 for the financing of the acquisition, construction and installation of certain public facilities
identified in the proceedings to form the CFD.
The developer, Lennar Communitites, conducted a bid opening for the construction of this project
and awarded a construction contract to Riverside Construction of Riverside, Califomia in the amount
of $893,273.00. Note that this was not a City contract; the City only oversaw the bidding and
construction process of this project to ensure that they complied with the Acquisition Agreement.
Because of this, the City does not file the Notice of Completion; this is the responsibility of the
developer.
Under this project, Winchester Road was widened on the south side from Jefferson Avenue to
Interstate 15 and modifications were made to the SB 1-15 Off-Ramp at Route 79 Widening. As part
of this project, the traffic signal and other appurtenant work took place as well as the construction of
a retaining wall adjacent to Jack-in-the-Box. Riverside Construction has completed the work in
accordance with the approved plans and specifications and to the satisfaction of the Director of
Public Works/City Engineer. All warranties and guaranties associated with all the work for this
project have been assigned to the City by the developer. All work will have a warranty for a period of
one (1) year from the date of acceptance.by the City.
R:\AGENDA REPORTS\2005\022205\Harveston CFD Ol-02.Winchester Rd&Jefferson Av - Street Acceptance.DOC
Staff therefore recommends that City Council accept into the City-Maintained Street System the
widening portion of Winchester Road, per this CFD project and as described in Exhibit "A" attached.
FISCAL IMPACT:
years.
Periodic surface and lor structural maintenance will be required every 5 to 8
ATTACHMENTS:
1.
2.
Resolution No. 2005-
Vicinity Map
with Exhibit "A"
R:\AGENDA REPORTS\2005\022205\Harveston CFD Ol-02.Winchester Rd&Jefferson Av - Street Acceptance.DOC
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING A PORTION OF WINCHESTER ROAD INTO THE CITY-
MAINTAINED STREET SYSTEM LOCATED WITHIN THE HARVESTON
CFD NO. 01-02 (WINCHESTER ROAD WIDENING BETWEEN
JEFFERSON AVENUE AND INTERSTATE 15)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
WHEREAS, on July 01, 2002, the Board of Directors of the Temecula Public Financing
Authority established a Harveston Community Facilities District ("CFD") No. 01-02 for the financing
of the acquisition, construction and installation of certain public improvements including street
widening improvements at the south side of Winchester Road between Jefferson Avenue and
Interstate 15;
WHEREAS, all offers of dedication for street right-of-way within the CFD have been
accepted by the City Council;
WHEREAS, the contractor has completed the work in accordance with the approved plans
and specifications and to the satisfaction of the Director of Public Works! City Engineer;
WHEREAS, the developer has assigned all warranties and guaranties associated with all the
work of this project to the City. All work will have a warranty for a period of one(1 ) year from the date
of acceptance by the City;
WHEREAS, a need exists for the public use of the widened portion of Winchester Road and
the City is prepared to acceptthe widened portion of Winchester Road, per this CFD project, into the
City-Maintained System.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula
hereby accepts into the City-Maintained Street System that portion of Winchester Road described in
Exhibit "A" attached hereto.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 22nd day of February, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
R:\AGENDA REPORTS\2005\022205\Harveston CFD Ol-02.Winchester Rd&Jefferson Av - Street Acceptance.DOC
SEAL
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2005- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on 22nd day of February, 2005, by the following vote:
AYES:
NOES:
o
COUNCILMEMBERS:
o
COUNCILMEMBERS:
ABSENT:
o
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
R:\AGENDA REPORTS\2005\022205\Harveston CFD OI-02.Winchester Rd&Jefferson Av - Street Acceptance.DOC
EXHIBIT "A' TO RESOLUTION NO. 2005-
Accepting a portion of public street offered to and accepted by the City of Temecula into the City-
Maintained Street System as decribed below:
The southerly twenty-three feet of public street improvements along Winchester Road
between Jefferson Avenue and the Interstate 15 southbound ramp as shown on approved
Caltrans Plans Permit Number 08-02-6-MC-0042.
R:\AGENDA REPORTS\2005\022205\Harveston CFO OI-OZ.Winchester Rd&Jefferson Av - Street Acceptance.DOC
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ITEM 14
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE fJp.
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
rr1)\;;iIliam G. Hughes, Director of Public Works/City Engineer
February 22, 2005
Acceptance of Certain Public Streets into the City-Maintained Street System
located within the John Warner Assessment District No. 03-04
PREPARED BY: Ronald J. Parks, Deputy Director of Public Works
~teve Charette, Associate Engineer
RECOMMENDATION: That City Council adopt a resolution entitled:
, RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
STREET SYSTEM LOCATED WITHIN THE JOHN WARNER ASSESSMENT
DISTRICT NO. 03-04
BACKGROUND: On June 24, 2003, the City Council approved the formation of the John Warner
Assessment District No. 03-04 in response to a petitioned request by the property owners located
within the District boundary. The John Warner Assessment District project consisted of the
construction of street and drainage improvements for certain unimproved roads including portions of
John Warner Road, Lolita Road, Paulita Road, La Presa Loop and Colver Court. The project was
funded by Assessment District bond proceeds and constructed under a public contract. The public
improvements and all repairs and replacements have satisfactorily completed on the streets in
accordance with the plans and specifications.
Pursuant to Section 1806 of the Streets and Highways Code, streets constructed for public use must
be accepted into the City street system. All offers of dedication of street right-of-way within the
District were previously accepted by the City Council either at the time of map approval or later by
separate resolution. Exhibit "A" of the attached Resolution lists the public streets within the John
Warner Assessment District to be accepted by the City of Temecula into the City-Maintained Street
System.
FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8
years.
ATTACHMENT:
1. Resolution No. 2005-_ with Exhibit "A"
2. Vicinity Map
1
R:\AGENDA REPORTS\2005\022205\John Warner Assessment - StreetAcceptance.doc
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
STREET SYSTEM LOCATED WITHIN THE JOHN WARNER ASSESSMENT
DISTRICT NO. 03-04
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
WHEREAS, on June 24, 2003, the City Council approved the formation of the John Warner
Assessment District No. 03-04 (District) in response to a petitioned request by the property owners
located within the District boundary;
WHEREAS, the John Warner Assessment District project consisted of the construction of
street and drainage improvements for certain unimproved Streets including portions of John Wamer
Road, Lolita Road, Paulita Road, La Presa Loop and Colver Court;
WHEREAS, the public improvements and all repairs and replacements have been
satisfactorily completed on the Streets in accordance with the plans and specifications;
WHEREAS, all offers of dedication for Street right-of-way within the District have been
accepted by the City Council either at the time of subdivision map approval or by separate resolution;
WHEREAS, pursuant to Section 1806 of the Streets and Highways Code. streets constructed
for public use, must be accepted into the City-Maintained Street System;
WHEREAS, a need exists for the public use of such Streets and the City is prepared to accept
the Streets into the City-Maintained Street System.
WHEREAS, Exhibit "A" lists tract maps, which dedicate certain specified land and
improvements to the City for street and public utility purposes. With respect to each parcel of land
that contains street and/or public utility improvements listed on Exhibit "A" (the "Streets"), the City
Council specifically finds that:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby
accepts into the City-Maintained Street System the streets and portions of streets offered to and
accepted by the City of Temecula described in Exhibit "A" attached hereto.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 22nd day of February, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
2
R:\AGENDA REPORTS\2005\022205\John Warner Assessment - StreetAcceptance.doc
SEAL
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2005- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on 22nd day of February, 2005, by the following vote:
AYES:
o
COUNCILMEMBERS:
COUNCILMEMBERS:
NOES:
o
ABSENT:
o
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
3
R:\AGENDA REPORTS\2005\022205\John Warner Assessment - SlreetAcceptance.doc
EXHIBIT "An TO RESOLUTION NO. 2005-_
Accepting several public streets offered to and accepted by the City of Temecula into the City-
Maintained Street System as described below:
JOHN WARNER ROAD:
1) Lot "D" per Parcel Map No. 13901 (PM 75/84-85).
2) Lots "A" and "B" per Parcel Map No. 14371 (PM 78/79-80)
3) Lots "C" and "D" per Parcel Map No. 19607 (PM 131/46-47)
4) Lot "A" per Parcel Map No. 21160 (PM 139/54-55)
5) Lot "A" per Parcel Map No. 21385 (PM 141/22-23)
6) Lot "A" per Parcel Map No. 21766 (PM 154/77-78)
7) The street shown as the westerly 33 feet of Parcel 22 per Parcel Map No. 6607 (PM
21/61-67).
8) The southerly 530 feet of the street shown as the easterly 33 feet of Parcel 19 per
Parcel Map 6607 (PM21/61-67).
g) The street shown as the southeasterly 33 feet of Parcel 3 per Parcel Map No. 8571
(PM 41/26-27).
10) Lot "A", "B" and the southerly 50 feet of Lot "C" per Parcel Map No. 14371 (PM 78/79-
80).
LOLITA ROAD:
1) Lot "F" per Parcel Map No. 8595 (PM 44/53-55)
2) Lots "A" and "B" per Parcel Map No. 8598 (PM 44/43-44)
3) Lots "A" and "B" per Parcel Map No. 17688 (PM 113/56-57)
4) Lots "A" and "B" per Parcel Map No. 19607 (PM 131/46-47)
5) Lot "A" per Parcel Map No. 29949 (PM 199/23-24)
6) The street shown as the northerly 30 feet of Parcel 22 and 24 per Parcel Map No.
6607 (PM 21/61-67).
7) The street shown as the southerly 30 feet of Parcel 17 per Parcel Map No. 6607 (PM
21/61-67).
PAULITA ROAD:
1) Lots "C" through "E" per Parcel Map No. 17688 (PM 113/56-57)
2) Lots "B" through "D" per Parcel Map No. 21385 (PM 141/22-23)
4
R:\AGENDA REPORTSI2005\022205\John Warner Assessment - StreetAcceptance.doc
3) The northerly 100 feet of the street shown as the easterly 30 feet of Parcel 22 per
Parcel Map No. 6607 (PM 21/61-67).
4) The southerly 50 feet of the street shown as the easterly 30 feet of Parcel 22 per
Parcel Map No. 6607 PM 21/61-67).
5) The southerly 50 feet of the street shown as the westerly 30 feet of Parcel 23 per
Parcel Map No. 6607 PM 21/61-67).
LA PRESA LOOP:
1) Lot "A", "Boo and "C" per Parcel Map No. 13901 (PM 75/84-85).
COLVER COURT:
1) Lots "B" and "C" per Parcel Map 21160 (PM 139/54-55)
2) Lots "Boo and "C" per Parcel Map 21760 (PM 154/77-78)
5
R:\AGENDA REPORTS\2005\022205\John Warner Assessment. StreetAcceptance.doc
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ITEM 15
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
~illiam G. Hughes, Director of Public Works/City Engineer
February 22, 2005
TO:
DATE:
SUBJECT:
Bus Bench Upgrades, Project No. PW02-17
Approval of the Plans and Specifications and Solicitation of Construction
Bids
PREPARED BY:
Amer Attar, Principal Engineer
Laura Bragg, Project Engineer
RECOMMENDATION: That the City Council approve the Construction Plans and
Specifications and authorize the Department of Public Works to solicit construction bids for Project
No. PW02-17, Bus Bench Upgrades.
BACKGROUND:
The Bus Bench Upgrade Project will add bus benches and shade shelters at various locations within
the City of Temecula. This project will include between 15 - 20 combination bus bench/shade
shelter structures with solar lighting which will protect bus patrons from the elements.
The shelters will be 13' with an aluminum high p~ak roof with earth stone coated Gerard tile and a
logo plate in the center of each shelter end. The shelter will have a beige (RAL 1001) durable
baked powder coat finish. The benches will be a 6' steel strap bench with back. The bench will
have a beige baked polyolefin finish. The solar lighting will be a LED based custom shelter security
lighting system with dusk to dawn lighting.
The Plans, Specifications and Contract Documents have been completed and the project is ready to
be advertised for construction bids. These Plans and Specifications are available for review in the
City Engineer's office.
The Engineer's estimate for this project is $185,000.00.
FISCAL IMPACT: The Bus Bench Upgrades is a Capital Improvement Program projectfunded
through Federal Transportation Administration and Capital Project Reserves. Adequate funds are
available in account 210-165-629-5804.
ATTACHMENT:
1. Project Description
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ITEM 16
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
nJ~illiam G. Hughes, Director of Public Works/City Engineer
February 22, 2005
TO:
DATE:
SUBJECT:
Professional Services Agreement - RBF Consulting
reparation of Project Report and Environmental Document
;1-15/ State Route 79 South Ultimate Interchange - Project No. PW04-08
PREPARED BY: Amer Attar, Principal Engineer - Capital Projects
Avlin R. Odviar, Associate Engineer - Capital projects~ ~{~e.I_~
RECOMMENDATION: That the City Council:
1. Approve an agreement with RBF Consulting in an amount not to exceed $325,944.00 to
prepare a Project Report and Environmental Document for the 1-15/ State Route 79 South
Ultimate Interchange, Project No. PW04-08, and authorize the Mayor to execute the
agreement.
2. Authorize the City Manager to approve amendments to the agreement not to exceed the
contingency amount of $32,594.40, which is equal to 10% of the agreement amount.
BACKGROUND: The interchange at 1-15/ SR-79S has experienced increased use as traffic
volumes rise on 1-15 and development continues to spread in the southern and eastern areas of
Temecula. The consistent backup of vehicles on 1-15 at SR-79S has long been a concern for officials
ofthe City ofTemecula, County of Riverside, and Caltrans. The City's efforts to mitigate these impacts
began six years ago when RBF Consulting was contracted to prepare a Project Study Report (PSR).
The PSR was targeted at modifying the existing interchange to accommodate expected traffic volumes
over the next 20 years. As part of the PSR development, a Value Analysis was conducted to assure
the widest possible array of viable alternatives. The Value Analysis Report was finalized in April 2002,
while the PSR was approved by the City and Caltrans in April 2004.
The next stage of project development is the Project Approval & Environmental Document (PA & ED)
phase. For this project, a Project Report (PR) and Environmental Document (ED) will be prepared in
compliance with the requirements of Caltrans, CEQA, and NEPA.
RBF Consulting is a full service firm which provides professional services for project planning, design,
and construction. As the firm which prepared the PSR for this project, RBF Consulting has invaluable
first-hand experience including established working relationships and research and development files
for design, environmental, utilities, and right-of-way. City staff entered into negotiations with RBF for a
cost proposal. The attached proposal is the result of several revisions incorporating comments by the
City and Caltrans.
R:\AGENDA REPORTS\2005\022205\PWQ4-08 RBF PA&ED AGMT.DOC
In addition to the base work program, the proposal includes several optional tasks which may become
necessary as the project progresses. These tasks include additional environmental analyses,
alternative geometric design, and supplemental traffic analyses. For planning purposes, the proposal
includes a scope and cost associated with each of the optional tasks. The total cost for optional tasks
is $98, 196.00 and is not included in the agreement amount recommended above. An optional task will
only be performed at the direction of the City following an amendment approved by the City Manager or
City Council, whichever is appropriate.
FISCAL IMPACT: This project is identified in the City's Capital Improvement Program, Fiscal Years
2005-2009. Several funding sources are identified including Capital Project Reserves, Community
Facilities District- Crowne Hill, and Morgan Hill, County, and TASIN. Adequate funds are available in
the project design account no. 210-165-662-5802 to finance the contract amount of $325.944.00 plus
the contingency amount of $32.594.40 for a total cost of $358,538.40.
ATTACHMENTS:
1. Project Location
2. Professional Services Agreement - RBF Consulting
2
R;\AGENDA REPORTS\2005\022205\PW04-08 RBF PA&ED AGMT.DOC
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AGREEMENT
FOR PROFESSIONAL CONSULTANT SERVICES
1-15/SR 79S ULTIMATE INTERCHANGE
PROJECT NO. PW04-0B
THIS AGREEMENT is made and effective as of February 22,2005, between the City
ofTemecula, a municipal corporation ("City") and RBF Consulting ("Consultant"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on February 22, 2005, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
June 30, 2007, 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. Pursuantto 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 B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the scope of work to be
performed, payment rates and schedule of payment are null and void. This amount shall not exceed
Three Hundred Twenty Five Thousand Nine Hundred Forty Four Dollars and No Cents
($325,944.00) for the total term of the Agreement unless additional payment is a pproved as
provided in this Agreement.
R:ICIPIProjectsIPW04-08\RBFlRBF Agreement
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement. Any additional work in excess of this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of 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 duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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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 0 f a II work, data, documents, proceedings a nd activities related tot his
Agreement. Such records, together with supporting documents, shall be maintained fora 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.
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(4) Professional Liability Insurance shall be written 0 nap olicy form
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.
(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.
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(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 Coveraoe. Consultant shall furnish the City with 0 riginal
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the 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 by failure
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, letters 0 f support, testimony at depositions, response to interrogatories 0 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.
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R:\CIPIProiecls\PW04-08IRBF\RBF Aoreement
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by <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,
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 T emecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
RBF Consulting
P.O. Box 57057
Irvine, CA 92619-7057
Attention: Gary L. Warkentin, Vice President
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree thatthe
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.
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R:ICIP\ProiectsIPW04-08\RBARBF Aareement
18. PROHIBITED INTEREST. No officer, or employee of the CityofTemecula
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 T emecula 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 orwritten, 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.
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O.\/""ID\O......;........"ID\MnA nCl\OC~DDl:: ^...r^.............~
IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the
day and year first above written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
RBF Consulting
P.O. Box 57057
Irvine, CA 92619-7057
(949) 472-3505
Ah tb/~
Gary L~, Vice President
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
PLANNING AND ENGINEERING SERVICES
1-15/SR 79S ULTIMATE INTERCHANGE
PROJECT NO. PW04-08
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C.\f"IDIDr.....l...........\O\AfflA I"\O\OC~CC~ ^nr^"'..............+
CONSULTING
January 28, 2005
JN 10-103779
(Revised)
Mr. Avlin Odviar, P.E.
City of Temecula
Capital Projects
43200 Business Park Drive
Temecula, CA 92589
RECEIVED
JAN 3 1 Z005
Subject:
1-15/SR-79 South Interchange
PA & ED Proposal
CITY OFTEMECULA
PUBLIC WORKS DEPARTMENT
Dear Avlin:
In accordance with your request, RBF Consulting (RBF) is pleased to submit our contract proposal to
provide planning and engineering services for improvements to the 1-15/SR-79 South Interchange in
the City ofTemecula.
Project Understanding
Since the project will result in a modification of access on an Interstate facility, it will require
preparation of a Modified Access Report and FHWA finding of acceptability, Project Report and
Environmental Document. The project will be required to address the requirements of the
National Environmental Policy Act (NEPA) and the California Environmental Quality Act
(CEQA). Based upon our understanding of the proposed project, current NEPAlCEQA
regulations, and significant experience with District 08, RBF anticipates that the appropriate
"c1ass-of-action" or level of environmental documentation will be a Categorical Exclusion (CE)
with Technical Studies for NEPA and an Initial Study (IS) leading to a Mitigated Negative
Declaration (MND) for CEQA. Caltrans, as the Lead Agency for CEQA and NEPA will confirm
this understanding. A Project Fact Sheet and Project Charter will be prepared to document an
agreement between Caltrans and the City on the purpose and features of the project. Our
proposed work program will also include a project Risk Management Plan and Communication
Plan.
The scale of the project, as well as its geographical location, requires consideration of
environmental, planning, and development criteria. Careful consideration is necessary to
properly consider area resources and compatibility of the project with the surrounding
community.
Project Approach
The Project Report will update traffic projections and analysis for the year 2030, which assumes
that the interchange improvements will be constructed by the year 2010. The proposed
Alternative 5 concept plan included in the approved PSR will be reassessed based upon traffic
projections for the year 2030.
PL.ANNING II DESIGN . CONSTRUCTION
14725 Alton Parkway, Irvine, CA 92618-2027 . P.O. Box 57057, Irvine, CA 92619-7057 . 949.472.3505 . Fax 949.472.8373
Offices located throughout California, Arizona & Nevada _ www.RBF.com
Dfinleden recvded""""r
The recommended alternative to be analyzed in the Project Report and Environmental
Document will be refined to reflect updated traffic projections, current development conditions,
and 1-15 mainline improvements that are proposed in a PSR currently being prepared by
Caltrans.
A key factor in the NEPA clearance will be consistency and compliance with the California
Department of Transportation (Caltrans) Local Assistance Procedures Manual, Chapter 6, and
Environmental Procedures. An important consideration is to ensure that the key players are
well coordinated and kept informed regarding issues status, resolution and schedule progress.
RBF will lead the Project Team's effort and interface with agencies and other interested parties
to facilitate project delivery.
SCOPE-OF-WORK
A key element in the successful completion of any federally funded project is the early
identification of the required technical design and environmental studies to support the Project
Report and recommended environmental document. Based on similar project experience,
including experience with Caltrans District 08, RBF has developed the following technical study
approach to effectively identify engineering and environmental constraints and avoid delays in
the overall project schedule. Each of the studies indicated below will evaluate the project as
proposed to allow decision makers the opportunity to make an educated and informed decision
in approving the project. Please note that the biological and cultural resources evaluation
assumes a "typical" area of impact for the analysis. Caltrans and Federal Highway
Administration (FHWA) may require a larger area of impact to be addressed within the studies,
which can include the adjoining undeveloped properties potentially served by the project.
WORK PROGRAM
The following is an outline of the specific tasks that are included in this Contract Proposal, as we
have defined the Work Program in response to your request.
1.0 Existing Data Research and Investigation
Existing data will be researched, obtained and input into the project's CADD database as
appropriate. Included are:
Existing Right-of-Way Maps and Parcels Ownership Data. Necessary right-of-way maps will
be obtained from the County, Caltrans and City of Temecula. Property ownership from
assessor records, assessor parcels numbers and parcel size will be researched. The right-of-
way data will be graphically plotted onto the base maps. The area will be limited to parcels with
potential right-of-way acquisitions.
As-Built Mapping. As-built maps of the freeway and adjoining roadways will be obtained from
Caltrans and City of Temecula.
Utility Information. Contacts with all utility agencieslowners having facilities within the project
area will be made by the City of Temecula. Utilities, which may impact the project, will be
plotted on the base plans. Planned utility improvements will be ascertained. The base maps
will be forwarded to each utility agency/owner for review, correction and certification of
correctness. The utility research will be isolated to areas likely to be affected by the proposed
interchange improvements.
2
Field Review. This task will include a reconnaissance of the existing conditions as they relate
to the as-built and existing aerial mapping. Discrepancies will be noted and where possible,
dispositioned. Photographs from the field reconnaissance will be assembled.
Review Related/Adjacent Studies. A review of project history files, previous and adjacent
studies will be conducted to gather any background information available. This information will
provide additional identification of potential projects issues and will be incorporated, as
appropriate, into the Project Report.
2.0 Aerial Topographic Mapping
Meet with Caltrans District 8 to verify local Caltrans mapping requirements. Subsequent to
District 8 approval, RBF will prepare new topographic mapping from aerial photogrammetry for
the project area. Mapping will meet the requirements in "ASPRS Accuracy Standards for Large
Scale Maps", dated March 31, 1993 the "Specifications for Aerial Surveys and Mapping by
Photogrammetric Methods for Highways", prepared by the Photogrammetry for Highways
committee of the American Society of Photogrammetry, for the United States Department of
Transportation, Federal Highway Administration, 1968 as contained in Appendix C of Chapter
13, Caltrans Survey Manual, and will be provided in Microstation and AUTOCAD format, in
compliance with Caltrans CADD standards and specifications, including a digital terrain model
(DTM). Mapping will be compiled at a scale of 1 :500 with one half meter interval contours.
Deliverable products will include one set of black and white contact prints, ground control
coordinates, topographic map files, and one set of check prints on vellum.
3.0 Traffic Forecasts and Operational Analysis
An analysis of freeway mainline, ramps and ramp intersection operations will be conducted
utilizing existing and design year traffic volumes for the year 2030 provided by the City. This
analysis will be completed utilizing the HCM method and Syncro to analyze the proposed
system of coordinated signalized intersections.
4.0 Modified Access Report
Prepare and process a Modified Access Report (MAR) for FHWA acceptability finding in
accordance with Caltrans and FHWA criteria. The MAR will address:
. Purpose
. Relationship to Other Highway Plans
. Adjoining Communities
. Description of Access
. Proposed Project
. Impact on Adjacent Interchanges
. Alternatives Considered
. Interchange Design
. Traffic Volumes
. Local Street Network
. Traffic/Operational Analysis
3
5.0 Storm Water Data Report
In accordance with the Project Planning and Design Guide dated September 2002, a Storm
Water Data Report (SWDR) will be prepared for this project. Specific objectives of the SWDR
include:
. Define storm water quality issues and pollutants of concern
. Form the Project Development Team (PDT), including the District/Regional National
Pollutant Discharge Elimination System (NPDES) Storm Water Coordinator
. Evaluate potential storm water impact
. Develop a list of potentially feasible permanent storm water Design Pollution and
Treatment BMPs to be evaluated during later phases of project design
. Develop the preliminary costs for BMPs and the associated right-of-way costs for
incorporating BMPs
. Discuss the project with the Regional Water Quality Control Board (RWQCB) and local
agencies, if advised by the District/Regional NPDES Storm Water Coordinator or
requested by the RWQCB
. Program the project construction costs, costs for right-of-way associated with
construction, and storm water quality related costs
· Perform and document in the field review and research of other projects in the same
general area
The SWDR will be signed by the Project Engineer, the District/Regional Design Storm Water
Coordinator, the designated Landscape Representative, the designated Maintenance
Representative, and approved by the Project Manager to verify that storm water quality design
issues have been addressed, and the data is complete, current, and accurate. Storm water
information will be provided for inclusion in Caltrans Storm Water Database.
6.0 Geometric Approval Drawings
Geometric Approval Drawings (GAD) will be prepared for the preferred project alternative at a
metric scale of 1 :500. Plan, profile, and superelevation drawings and diagrams and will be
prepared for new freeway ramps and revised City streets.
The designs will include geometric descriptions, such as centerline bearing and radii; vertical
grades and alignment; cut and fill slopes; and existing and proposed right-of-way lines. The
drawing will provide sufficient detail to allow identification of impacts on the surrounding
environment and to support the development of a preliminary cost estimate.
Typical road and ramp sections showing lane widths, shoulder widths, median widths and
slopes will also be shown. Available as-built drawings and other hydrology data will be
reviewed to determine the impact to existing drainage facilities and identify conceptual drainage
facility improvement locations. Design files will be provided in Microstation and AUTO CAD
fonmat.
7.0 Advance Planning Study
The Advance Planning Study prepared for the southbound 1-15 exit ramp will be updated.
Careful consideration will be given to span lengths, structure depths, column locations,
4
approach slabs, falsework requirements. and other controls. To ensure that traffic handling is
given proper consideration in the early design stages, traffic handling and falsework
assumptions will be identified including falsework openings during construction. A Preliminary
Foundation and Preliminary Materials Report will be prepared as part of this task for foundation
and pavement structural section requirements.
The Advance Planning Study will achieve the following objectives:
. Define the scope of structure work in the Project.
. Provide the structure depth for setting profile grade lines.
. Establish the best cost estimate available at this time.
. Provide an early opportunity for the Office of Structure Design to assist in Project
conceptualization.
. Familiarize the Office of Structure Design with projects in the upcoming work load and is
used to update the Bridge status.
. Describe and document the design assumptions used in the early concept of the
structure.
The choice of structure will be based on criteria covered in Bridge Design Aids, Section 10. The
Advance Planning Study will be prepared at a metric scale of 1 :500 and will include the
following information:
. Structure length, width and type
. Span lengths
. Structure depth
. Railing, including temporary K-rail
. Column locations and type of footing support
. Falsework (indicate if this is a control)
. Vertical clearance
. Aesthetic requirements which affect cost of structure
. Roadway widths
. Location and slopes of cuts or fills
. Slope paving
. Approximate existing ground line
. North arrow
8.0 Preliminary Drainage Study
Based on Caltrans, City of Temecula and Riverside County standards, a conceptual drainage
review will be conducted. Conceptual design of schematic system layouts for the project area
including freeway systems, local street drains and the regional flood control facilities will be
prepared. New systems or upgraded system requirements will be estimated.
9.0 Draft Project Report
Prepare a Draft Project Report (PR) based upon the guidelines contained in the current
Caltrans' Project Development Procedures Manual.
5
. 1 :500 metric scale drawings, including plan and profile of the project proposal and any
alternatives under consideration.
. A discussion of cooperative features, including the financial aspects of the project.
. Preliminary Cost Estimate
The Draft PR will address the following additional topics:
. Impacts of the project on motorized transportation and pedestrians.
. Impacts of the project on oversized loads.
. Impacts of the project on navigable waters.
. Impacts of the project on wetlands and floodplain.
. Permitting that will be required.
. Interim features that may change with future projects.
. Disposition of existing facilities.
. Summary of right-of-way impacts studies.
. Summary of railroad and utility studies.
. Conservation of energy and other renewable resources.
. Prolonged temporary access modifications.
. Hazardous wastes and materials.
. Traffic management plans
. Draft Cooperative Agreement.
10.0 Fact Sheet
Exceptions to design standards will be prepared detailing all nonstandard design elements.
These will be prepared in close coordination with and reviewed by Caltrans. Revisions will be
made as appropriate and the final design exceptions documentation will be prepared.
11.0 Technical Environmental Analysis
Based upon RBF's current project understanding the following technical studies shall be
completed following Caltrans/FHWA environmental procedures: Air Quality Assessment,
Acoustical Analysis, Cultural/Historical Resources Evaluation, Initial Site Assessment, and
Biological Resource Assessment.
11.1 Project Kick-Off and Project Description
Our environmental work program will be initiated with the kick-off meeting/discussion, which will
define the need and purpose of the project, define the parameters of the analysis, scheduling
and understanding of the project description. A critical initial step will be to accurately define the
project description. Based upon concept plan information and supporting data provided by the
City, RBF will draft a preliminary project description for review and approval by the City and
Caltrans staff. For the purpose of this proposal, RBF has assumed that the technical studies
identified within the following Tasks will provide the necessary evaluation to satisfy NEPA and
CEQA requirements.
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11.2 Research and Investigation
RBF will evaluate the necessary information with respect to the proposed project. Project
research will include coordination with appropriate City Departments to acquire relevant
environmental data, project plans previous studies for the area and other available files,
exhibits, maps and reference documents. RBF's review all available information to determine
what additional information will be necessary to complete the environmental phase of the
project. The initial investigation will include a site visit, review of existing land uses and
environmental conditions and a photographic recording of on-site and surrounding uses.
11.3 Biological Resources Assessment
RBF has retained the services of LSA Associates (LSA) to complete the necessary biological
tasks to satisfy FHWA and the United States Fish and Wildlife Service (USFWS) and California
Department of Fish and Game (CDFG) reporting requirements. At the request of RBF, a
preliminary site visit was conducted on June 21, 2004, to evaluate habitat and potential
jurisdictional waters adjacent to and within the project footprint. Drainages east of 1-15 will
require evaluation in order to determine if they are jurisdictional by the U.S. Army Corps of
Engineers (Corps) and California Department of Fish and Game (CDFG). The majority of the
study area is already graded or developed; however, there are patches of coastal sage scrub
within the study area. There are two major perennial streams, Murrieta Creek and Temecula
Creek, adjacent to and outside the study area.
A preliminary review of the Western Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) finds that the proposed project is within a criteria cell, will require a focused
survey for the burrowing owl (Athene cunicularia hypugea), and is a covered activity.
The following scope of services is based on review of the approved Project Study Report (PSR),
dated February 2004 and the June 21 site visit. A review of the PSR indicates that riparian
habitat within Murrieta and Temecula Creeks will be avoided. Thus, per the MSHCP, focused
surveys for riparian species and a functions and values assessment will not be required for
Murrieta and Temecula Creeks. Since there will be no impacts to Murrieta and Temecula
Creeks, the jurisdictional determination in this scope of services does not include these areas.
Natural Environment Studv Report (NESR). LSA will conduct a literature review to assist in
determining the existence or potential occurrence of sensitive plant and animal species on the
project site or in the vicinity of the site. A species list will be requested from the USFWS. LSA
will review Federal and State lists of sensitive species and current database records, including
the California Natural Diversity Data Base (California Department of Fish and Game 1999) and
the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular
Plants of California (Skinner, et al. 1994). The results of the literature review will be summarized
in a table and included in the NESR.
The fieldwork for this task will be conducted by qualified LSA biologists in order to document the
presence/absence of sensitive biological resources (i.e., species or habitats) or to determine the
potential for occurrence of such resources that may not be detectable when the fieldwork is
conducted. The location of any sensitive biological resources present on-site, including plants
and plant communities, will be mapped.
7
LSA will prepare an NESR, in accordance with the Caltrans template dated April 24, 2003, or
other format designated at the kick-off or field review meeting, that will include a description of
the field methods used and the results of the assessment of the project area. The NESR will
include a review of MSHCP requirements and project consistency with the MSHCP.
The report will include a list of plant and animal species present within the project area and a
general description of the occurring plant communities. If any sensitive resources are found on
the site, LSA will prepare and include in the NESR a graphic displaying the location(s) of the
sensitive plant communities on-site and any observed sensitive biological resources. A table
describing sensitive species that are present or potentially present will also be provided in the
report. The NESR will also include a delineation of waters likely subject to Corps and CDFG
jurisdiction.
LSA's report will identify and assess project impacts on the existing biological resources,
including any sensitive species. Pursuant to Caltrans' Guidance for Consultants,
recommendations for mitigation measures will be included in a cover memorandum for approval
by Caltrans. These mitigation measures will be general (i.e., specific restoration plans are not
included in this scope).
The NESR will identify the need for any additional biological surveys (e.g., focused surveys for
sensitive species). The NESR will also identify regulatory permits that may be required for
project approval and construction (e.g., Corps 404 permit, CDFG 1602 Streambed Alteration
Agreement [SAA] , Regional Water Quality Control Board [RWQCB] 401 Water Quality
Certification, etc.). Based on the results of the NESR LSA will conduct focused surveys and
prepare related reports. Processing required permits is not included within this scope of
services.
Jurisdictional Delineation. LSA will perform a jurisdictional delineation (JD) to determine the
location and extent of any jurisdictional "waters of the United States," including wetlands (if
present), located within the boundaries of the proposed project. The JD will result in a
detenmination of the ordinary high water mark(s) (OHWM) within the project site and indicate the
existence of any adjacent wetlands not within the jurisdictional OHWM. The actual presence or
absence of wetlands on-site will be verified through the determination of the presence of
hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to the 1987 Corps
Wetland Delineation Manual.
Using detailed mapping of the project area, LSA shall prepare a Draft JD map and report
detailing the results of the field delineation. LSA will provide an assessment of acreage
considered by the Corps and the CDFG to be jurisdictional "waters of the United States" and
"waters of the state." The JD will be considered a draft until verified by the Corps and CDFG.
Based on the review of the PSR, the project area will not include impacts to Temecula Creek
and Murrieta Creek and, thus, the scope of services does not include a jurisdictional delineation
for the adjacent Temecula Creek and Murrieta Creek.
8
MSHCP Review for Consistencv. The MSHCP has recently been approved by the USFWS and
CDFG and is anticipated to be fully implemented. Potential project impacts to sensitive species
will be mitigated by participation in the MSHCP. The MSHCP lists 1-15 and associated
interchanges as planned facilities. Therefore, the proposed improvements to this freeway, as
part of the 1-15/SR-79S interchange project, are considered a "Covered Activity" within the
MSHCP.
LSA will prepare a consistency evaluation for the proposed project with the MSHCP. The
consistency evaluation will consider specific design considerations as identified in the MSHCP.
Focused surveys for burrowing owl will be required for compliance with MSHCP requirements
and are included in the proposed scope of services (see next Task). In the event that the
MSHCP is delayed and not fully implemented, focused surveys and any associated permitting
requirements may be necessary for additional species.
Burrowino Owl Focused Survevs. A focused survey for the burrowing owl will include a burrow
survey that will be conducted over the entire project site to identify potentially suitable habitat
areas on the project site for the species. Four subsequent surveys will be conducted within
suitable habitat areas at dawn or dusk on separate days in order to determine presence or
absence of the burrowing owl. Burrowing owl sightings, occupied burrows, burrows with owl
sign, and foraging areas (if known) will be counted and mapped.
If the burrowing owl is determined to be present, consultation with the CDFG and approval from
Riverside County will be required prior to passively relocating the owl(s). Owl relocation is not
included within the scope of services for this project at this time.
11.4 Historic Property Survey Report/Archaeological Survey Report
All cultural resource efforts will be conducted in compliance with Section 106 of the National
Historic Preservation Act (NHPA). Section 106 compliance will be realized by conducting all
studies in compliance with the Caltrans Environmental Handbook Volume II, Cultural Resources
and the Programmatic Agreement among the Federal Highway Administration, the Advisory
Council on Historic Preservation, the California State Historic Preservation Officer, and the
California Department of Transportation Regarding Compliance with Section 106 of the National
Historic Preservation Act, as it Pertains to the Administration of the Federal-aid Highway
Program in California.
There is a National Register of Historic Places Archaeological District located approximately 200
feet south of the southernmost extent of Alternative 2 (NR # 73000424). This site is the Murrieta
Creek Archaeological Area and consists of three archaeological sites (CA-RIV-50H, CA-RIV-
270, and CA-RIV-365). These sites are located on the banks of the confluence of Temecula and
Murrieta Creeks. LSA assumes that unknown portions of this site do not encroach into the
project Area of Potential Effects (APE).
Caltrans APE MaD. LSA will prepare the delineation of the project Study Area and coordinate
APE preparation with Caltrans and RBF.
Research. LSA will obtain a cultural resource records search from the Eastern Information
Center (EIC) at University of California, Riverside. The EIC is the State-designated repository
for records concerning cultural resources in Riverside County. The records search will provide
g
information on known cultural resources and on previous cultural resource investigations within
a one-mile radius of the project area. Data sources that will be consulted at the EIC include
archaeological site and artifact records, historic maps, reports from previous studies, and the
State's Historic Resource Inventory (HRI) for Riverside County, which contains listings for
National Register of Historic Places (NRHP), California Register of Historical Resources
(CRHR), California Historical Landmarks (CHL), and California Points of Historical Interest
(CPHI). Pechanga Cultural Resource Committee will also be contacted as part of this task.
In addition, LSA will conduct a title search for the properties within the APE to determine build
dates for any structures. If any buildings/structures 30 years or older are located within the APE,
additional tasks may be required.
Native American Coordination. LSA will contact the Native American Heritage Commission
(NAHC) which will provide a list of Native American groups to contact regarding the project. LSA
will coordinate with Caltrans to consult with the tribes. With Caltrans approval, LSA will contact
up to 14 Native American groups. LSA will contact each tribe via certified mail. After 21 days,
LSA will follow up with those groups that have not commented, via telephone. LSA will attempt
to contact each group up to two times. LSA will document all efforts to consult with each tribe.
LSA will arrange to meet with Caltrans and interested Native Americans out at the project to
discuss any issues. Additional budget may be required to address issues or concerns raised by
any tribes.
Field Survev. LSA will conduct a systematic field survey of portions of the APE that are not
obscured by asphalt/concrete. The ground surface will be visually examined by an archaeologist
for evidence of prehistoric (Native American) or historic (non-Native American) archaeological
materials and other potential historic resources (e.g., structures, bridges, railroads, mines, or
canals). Any previously unrecorded resources identified during the survey will be recorded on
State of California DPR 523 forms to meet State standards. Additional budget will be required if
any cultural resources are identified. If any buildings/structures 30 years or older are located
within the APE, additional tasks may be required.
Reports. LSA will prepare a Caltrans-format Historic Property Survey Report (HPSR) and/or
Archaeological Survey Report (ASR), according to Caltrans specifications. The reports will
describe: 1) the results of Native American Consultation; 2) research and field methods used in
identifying cultural resources; 3) the archaeological and historic resources identified in the
project vicinity; and 4) the potential of the project to adversely impact any archaeological or
historic resources. If any buildings/structures 30 years or older are located within the APE,
additional tasks may be required (i.e., a Historic Resources Evaluation Report [HRERJ). If
recommendations for further studies are warranted, these will be presented in a cover letter to
Caltrans District 08. LSA anticipates responding to at least one set of comments on the draft
reports from Caltrans. LSA will address minor Caltrans comments as required. If the comments
negate the LSA findings and recommendations, additional budget may be required to address
these changes.
11.5 Acoustical Evaluation
For Type I projects traffic noise must be analyzed for all alternatives under consideration, and
traffic noise impacts identified. If traffic noise impacts are identified, noise abatement must be
10
considered, and feasible and reasonable abatement measures included in the draft
environmental documentation. A Type I project is defined by 23 CFR 772 as follows: A
proposed Federal or Federal-aid highway project for the construction of a highway on a new
location, or the physical alteration of an existing highway which significantly changes either the
horizontal or vertical alignment, or increases the number of through-traffic lanes.
Construction activities and traffic impacts in the project area would have the potential to impact
the commercial areas over the anticipated one year construction period. A cursory level
construction noise analysis will be prepared. Pursuant to the Traffic Noise Analysis Protocol
(TNAP) and the "Technical Noise Supplement" prepared by Caltrans a field survey will be
conducted to document that no sensitive receptors will be impacted by the proposed project.
RBF will prepare a technical memo illustrating the existing land uses, sensitive receptors, and
provide recommendations for construction-related noise restrictions. A formal TNAP study is not
included as part of this task, however, can be provided under separate scope or addendum
should Caltrans require a formal analysis.
11.6 Air Quality Assessment
RBF will prepare all required air quality analyses and conformity documentation for the project.
The analysis will be based on NEPA, CEQA, and FHWA requirements and guidelines,
requirements of the South Coast Air Quality Management District (SCAQMD), as well as
consultation with Caltrans and FHWA staff. In addition, the information prepared will be
consistent with the Transportation Project-Level Carbon Monoxide Protocol, revised December
1997, prepared by the Institute of Transportation Studies, University of California, Davis. This
Protocol establishes a set of procedures used by Caltrans to address local project level air
quality impacts. The project will also be analyzed for its conformity to applicable regional air
quality plans and applicable SCAQMD rules and regulations (i.e., short-term construction
emissions).
A review of the project's consistency with the Southern California Association of Governments'
(SCAG), Regional Transportation Plan (RTP), and Regional Transportation Improvement
Program (RTIP) to verify if the project meets Federal Conformity requirements as set forth by
the Clean Air Act Amendments will be performed. An examination of the projects regional
impacts will be provided in the Technical Air Quality Assessment. Long-term operation of the
proposed project would be expected to improve air quality since the purpose of the project is to
relieve future traffic congestion.
CALlNE4 Analysis. RBF will utilize environmental staff versed in air quality analysis to prepare a
formal carbon monoxide (CO) air quality assessment for the project utilizing the CALlNE4
computer model and EMFAC7 emission factors. The purpose of a CALlNE4 analysis is to
determine if local CO levels exceed State or Federal thresholds and if a "hotspot" is created at a
specific location. The locations of such analyses can be determined following review of the
Traffic Analysis. This analysis should be conducted at up to three (3) different locations,
evaluating the "Existing", "Future (year 2030) with Project" and "Future (year 2030) Without
Project" conditions. Factors such as idle times, vehicle speeds, trip length averages,
acceleration/deceleration times, and other traffic-related input factors required will be developed
under the guidance of the City and Caltrans air quality specialists.
11
PM," Qualitative Analvsis. RBF will prepare a qualitative level PM10 evaluation consistent with
Caltrans PM10 protocol requirements for both operational and construction emissions. This
section will be completed detailing the methodology and conclusions of the screening-level
analysis.
Construction Emissions. RBF will discuss potential project short-term impacts upon climate and
air quality, focusing on temporary construction dust and exhaust emissions. If sufficient
construction details are available, RBF will quantify construction dust and exhaust emissions
utilizing the URBEMIS2002 computer model which is based on the generation factors adopted
by the California Air Resources Board (CARB). For those thresholds which are exceeded, RBF
will recommend mitigation measures based on the criteria provided in the URBEMIS2002 model
with the intent to reduce any potential impacts to less than significant levels. The reduction of
emissions from implementation of mitigation measures will be quantified in the study.
11.7 Initial Site Assessment
RBF will prepare a Phase I Initial Site Assessment (ISA) in accordance with ASTM Standard
Practice 1527-00 and the Caltrans Project Development Manual to determine if the proposed
project area has been compromised by hazardous materials or wastes. The ISA will be
prepared based on the following objectives: (1) evaluate the potential for hazardous materials
on the site based upon readily discernible and/or documented present and historic uses of the
property and uses immediately adjacent to the site, and (2) generally characterize the expected
nature of hazardous materials that may be present as a result of such uses, within the limits
imposed by the scope of the assessment. Materials that may constitute a hazardous waste
include, but are not limited to petroleum products, pesticides, organic compounds, heavy
metals, or other compounds injurious to human health and the environment. Field samples and
laboratory analysis are not proposed, although they will be recommended where appropriate.
This task will supplement the previous ISA prepared by the City for the project area.
12.0 Environmental Compliance Documentation
RBF will evaluate the necessary information with respect to the existing conditions, the potential
adverse effect of project implementation (both individual and cumulative), and measures to
mitigate such effects. The following scope of work has been completed for a Categorical
Exclusion/Mitigated Negative Declaration (CE/MND). RBF has provided a separate work
program for alternative environmental documentation under Task 17.0 should one or more
studies determine that impacts require a more intensive evaluation through the preparation of
an Environmental AssessmenUlnitial Study (EAIIS).
12.1 CEQA Initial Study/Mitigated Negative Declaration
Through the preparation of an Initial Study, RBF will evaluate the environmental concerns and
identify necessary measures to mitigate impacts of the project. This scope of work has been
completed for a MND, assuming that all impacts of the proposed project can be mitigated to less
than significant levels. Should Caltrans determine that impacts cannot all be mitigated and
would require preparation of an Environmental Impact Report (EIR), a separate scope of work
and budget can be prepared for alternative environmental documentation.
12
Environmental Analvsis. RBF will prepare the environmental analysis based primarily upon the
existing technical studies, design plans and other relevant documentation available, including
the Project Report (PR) prepared under a separate task. Preparation of the checklist will include
Early Consultation, pursuant to CEQA, with responsible agencies and interested parties
Draft and Final Neoative Declaration. This Scope of Work assumes one (1) screencheck review
and one (1) draft review of the Initial Study by Caltrans and the City. Caltrans, acting as the
Lead Agency, will utilize the Initial Study to make a determination as to the anticipated
environmental impacts of the project. Informal responses to public comments will be prepared
following completion of the public review period for use by Caltrans (it is assumed that the
IS/MND will not require revision or re-circulation). RBF will formulate and prepare mailing list
(responsible public agencies, affected property owners and property occupants) and mail up to
twenty-five (25) copies of the IS/MND.
Mitiaation Monitorino and Reportino Prooram. The Mitigation Monitoring and Reporting Program
will be defined through working with Caltrans and the City to identify appropriate monitoring
steps/procedures in order to provide a basis for monitoring such measures during and upon
project implementation, in compliance with CEQA and District procedures.
12.2 NEPA Categorical Exclusion
A key element in achieving NEPA environmental clearance will be consistency and compliance
with Chapter 6, Environmental Procedures, of the Caltrans Local Assistance Procedures
Manual. Based on similar project experience, including experience with Caltrans District 08,
RBF proposes to prepare a CE in conformance with NEPA, pertinent FHWA regulations, and
Chapter 6 of the Local Assistance Procedures Manual. The technical studies completed under
previously identified tasks will be prepared to satisfy applicable Caltrans/FHWA requirements
and attached to the CE request, substantiating that the project would not result in adverse
environmental effects.
12.3 Graphic Exhibits
The environmental documentation will include graphic exhibits to enhance the written text and
clarify the project and potential environmental impacts. Exhibits are anticipated to include:
Regional Vicinity Map, Site Vicinity Map, Site Plans. Biological Exhibits, Wetlands/ACOE
Delineation Map, and Traffic/Circulation Exhibits.
12.4 Response to Comments
RBF will respond to all comments received on the draft technical studies and environmental
document. RBF will prepare thorough, reasoned and sensitive responses to relevant
environmental issues.
13.0 Coordination Of Environmental Review And Meeting Attendance
Mr. Bruce R. Grove Jr., REA, will be responsible for management and supervision of the
Environmental Review as well as consultation with the City and Caltrans. Mr. Grove will provide
general project oversight and QAlQC. Mr. Grove, with the assistance of technical experts at
RBF, will undertake consultation and coordination of the project and review the Environmental
13
Studies for compliance with NEPA and CEQA requirements. Mr. Grove will also consult with
State and local agencies regarding the environmental documents. Mr. Grove will attend all
project meetings, will represent the City at public hearings, and make presentations at these
meetings as necessary. This Task assumes attendance at Project Development Team (PDT)
Meetings at Caltrans District 08 Headquarters in San Bernardino, meetings City staff, one (1)
field review meeting at the project site, and one (1) public meeting. Additional meetings shall be
billed on a Time and Materials basis.
14.0 Project Report
RBF will provide coordination during the review and approval process for the Project Report.
Comments will be addressed and revisions made as appropriate based upon any changes to
the Project that occurred during the environmental clearance of the project. RBF will obtain
Caltrans approval of the final Project Report and provide copies of approved and signed Project
Report.
15.0 Project Management
This task includes budget for overall project management, liaison with affected agencies PDT
leadership and management, progress monitoring and maintenance of Project files in
accordance with the Uniform File System described in the PDPM Chapter 7. A copy will be
provided to Caltrans.
. Agency Liaison
An important consideration is to ensure liaison among the key players for the Project.
RBF will lead the PDT's effort and interface with the City, Caltrans, and other affected
agencies. A budget for meetings with City staff has been included in this task. Meeting
schedules will be combined to allow a single meeting for multiple purposes.
. Project Development Team (PDT) Meetings
RBF will be a member of and attend monthly meetings of the PDT. The PDT will guide
the study in accordance with the Caltrans Project Development Procedures Manual.
RBF will arrange meetings, provide discussion materials and agendas and develop and
distribute meeting notes.
. Progress Reports
Monthly progress reports will be prepared to document progress on the Project. The
report will consist of the following:
. Work accomplished during the report period
. Work anticipated during the next reporting period
. Issues
. Impacts
. Progress Schedule
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. Project Fact Sheet Preparation
. Project Charter Preparation
. Caltrans Risk Management Plan Preparation
. Communication Plan Preparation
16.0 Meeting Attendance
RBF will attend meetings with the Project Team, Caltrans and others as directed by the City
during the implementation of the Work Program. Travel time will not be included for meetings
conducted within the city limits.
17.0 Optional Task-Joint CEQAlNEPA Environmental Documentation And Additional
Biological Tasks
Should one or more of the technical studies identify impacts that require more detailed
evaluation, an EAlIS may be necessary. Final determination, however, will be made under
advisement by District 08 environmental staff. The following optional scope of work assumes
preparation of an EAIIS leading to a Finding of No Significant Impact/Mitigated Negative
Declaration (FONSIIMND). This task will not be undertaken without written direction from the
City.
17.1 Environmental Assessment/Initial Study
If determined necessary, RBF will prepare an EAtIS in conformance with NEPA, pertinent
FHWA regulations, Chapter 6, Environmental Procedures of the Caltrans Local Assistance
Procedures Manual, CEQA, and the regulations requirements and procedures of any other
responsible Public Agency with jurisdiction by law. The EAIIS will evaluate the proposed project,
including all reasonable and feasible project alternatives as required by NEPA.
The EAIIS will provide a detailed analysis describing all potential environmental impacts and
mitigation recammendations for the proposed project following the Caltrans EAIIS
documentation templet (November 2003). RBF will prepare an EAtIS in accordance with
Caltrans/FHWA NEPAtCEQA criteria using the checklist format approved by Caltrans.
Alternatives Analysis. RBF will discuss the project alternatives development history. Utilizing
the approved PSR, RBF shall submit a draft and, after review, a final alternatives section that
documents the process that the City went through and the decisions made concerning
alternatives on the project.
Environmental Analysis. RBF will evaluate the necessary information with respect to the existing
conditions, the potential adverse effect of project implementation (both individual and
cumulative), and measures to mitigate such effects. Environmental issues raised during the
Early Coordination Meeting, including all other relevant and valid informative sources will also
be evaluated. The analyses will be based upon all available data, results from additional
research, and technical evaluations prepared as part of other environmental Tasks. The EAtIS
will include thorough and accurate discussion addressing the Affected Environment,
15
Environmental Consequences (permanent, temporary and cumulative), and Mitigation
Measures.
Graphic Exhibits. The environmental document will include exhibits to enhance the written text
and clarify the project and potential environmental impacts.
17.2 Screencheck Draft Environmental Assessment/Initial Study
RBF will submit eight (8) copies of the Screencheck Draft EAlIS for review and comment by the
City and Caltrans. In consultation with all affected parties, RBF will revise the Screencheck
Draft EAlIS for final FHWA approval prior to public review. RBF will incorporate one complete
set of comments received from FHWA on the Administrative Draft EAlIS.
17.3 Public Distribution and Review
Fifty (50) copies of the Public Review Draft EAIIS will be provided to the City and Caltrans. RBF
will prepare all required noticing and document distribution (based on distribution lists provided
by the City and Caltrans), including the required fifteen (15) copies to the State Clearinghouse
under this Task. Required noticing will be sent via regular mail based on a 300-foot radius from
edge of project limits.
17.4 Response to Comments
RBF will respond to all comments received on the Draft EAIIS during the 30-day public review
period. The Draft Responses to Comments will be prepared for review by the City and Caltrans
staff. Following review of the Draft Responses to Comments, RBF will finalize this section for
inclusion in the Final EAIIS.
17.5 Final Environmental Document
RBF will prepare all required NEPAlCEQA noticing, and will submit a record of public comments
and responses and request for a Finding of No Significant Impact (FONSI) from FHWA. Upon
receipt the Final EAIIS will be assembled including the Draft EAIIS, Comments and Responses,
Technical Appendices, and Mitigation Monitoring and Reporting Program. RBF will prepare the
Record of Public Hearing for each public hearing held on the proposed project. This Task
specifically excludes preparation of Staff Reports and/or Resolutions. Deliverables include one
(1) copy and one (1) unbound original.
17.6 Focused Surveys/Biological Assessment
It is possible that the Western Riverside MSHCP will sufficiently mitigate for any potential
impacts to the least Bell's vireo (Vireo bellii pusillus) and southwestern willow flycatcher
(Empidonax traillii extimus). However, in the event that the USFWS, FHWA, or Caltrans
determines that there may be indirect effects to riparian habitat within Murrieta Creek and that
the MSHCP does not adequately mitigate potential impacts, focused surveys for the least Bell's
vireo and southwestern willow flycatcher may be necessary within the riparian habitat. If the
species are present and it is determined that the project may affect either species, a Section 7
Consultation may be required between the FHWA and USFWS. Since it is unknown at this time
whether such surveys and consultation will be necessary, the services are included in this
16
proposal as Optional Tasks. If required, LSA proposes to conduct the focused surveys, prepare
the Biological Assessment (BA) and other documentation, and assist with the Section 7
Consultation.
Schedule. If focused surveys are required for the least Bell's vireo and southwestern willow
flycatcher, they must be performed during the species breeding seasons (April 10 through July
31). If a Section 7 Consultation is required, LSA will prepare a draft Biological Assessment
within two weeks of the completion of focused surveys. Revisions to the draft will be completed
within one week of receipt of comments.
18.0 Alternative Geometric Design
Subsequent to Task 3.0, Traffic Forecast/Operational Analysis and prior to Task 6.0 Geometric
Approval Drawings, RBF will prepare an alternative geometric design plan at a scale of 1: 1 000
for up to three (3) alternative interchange improvement concepts. This task will be required only
if there is significant changes to Alternative 5 as presented in the approved PSR/PDS as a
result of the updated traffic projections or the 1-15 mainline improvements included in the draft
PSR currently being prepared by Caltrans. Authorization of this task will affect the schedule for
preparation of the GAD and other associated tasks. This task will not be undertaken without
written direction from the City.
19.0 Supplemental Traffic Analysis
The City will supply all traffic data previously collected and compiled as part of ongoing projects.
In the event that supplemental forecasts are required, RBF will retain Austin Foust Associates to
provide additional traffic model runs. This task will not be undertaken without written direction
from the City.
COMPENSATION
RBF will complete all services outlined herein in accordance with a billing system based upon
the percentage of the project which has been completed for a fee of $311, 944 for professional
services plus a budget amount of $14,000 for the direct cost of reimbursable expenses as
outlined on the attached Task/Hour Breakdown for Tasks 1 through 16. A separate budget of
$98,196 has been established for Optional Task 17,18 and 19 if these studies are required.
Gary Warkentin will serve as the Project Director for this project. He has over thirty years
experience and has been involved in many transportation projects that RBF has developed from
concept through design and construction.
Mr. Bruce Grove will be the Senior Environmental Planner on the project team. He has
extensive experience in developing CEQA and NEPA environmental documents for
transportation projects. LSA Associates, Inc. will provide biological and cultural resource
subconsulting services for the project. Resumes for Gary Warkentin and Bruce Grove are
attached herewith.
17
We appreciate the opportunity to submit our Contract Proposal on this project. Work will
commence upon our receipt of an executed Purchase Order from the City, which will serve to
acknowledge approval of the terms contained herein. Thank you for providing us the
opportunity to be of service to you.
Sincerely,
~~~
Gary L. Warkentin
Vice President
Transportation Planning
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'I"" '1""_'1""_____
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
FEBRUARY 8, 2005
A regular meeting of the City of Temecula Community Services District was called to order at
7:35 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Comerchero, Edwards, Naggar, Roberts,
And Washington
ABSENT:
o
DIRECTORS:
None
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of January 25, 2005.
2 Old Town Temecula Communitv Theater Bookina and Rental Policv
RECOMMENDATION:
2.1 Approve the Booking and Rental Policy for the Old Town Temecula Community
Theater.
2.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 05-05
A RESOLUTION OF THE TEMECULA COMMUNITY SERVICES
DISTRICT BOARD OF DIRECTORS ESTABLISHING THE OLD
TOWN TEMECULA COMMUNITY THEATER RESIDENT
COMPANIES
Because President Washington no longer serves as a Board of Director for the Theater
Foundation, City Attorney Thorson advised that Mr. Washington will be entitled to vote on all
matters with respect to the Theater Foundation.
R:\Minutes.csdI020805
MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1-2. The motion
was seconded by Director Roberts and electronic vote reflected approval with the exception of
Director Edwards who abstained with regard to Item NO.2.
PUBLIC HEARINGS
3 Roripauah Ranch Specific Plan - Service Level C, Perimeter LandscapinQ and Slope
Maintenance and Service Level D. Refuse and Recyclino Collection Services Rates and
Charaes
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 05-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ORDERING,
CALLING AND GIVING NOTICE OF AN ELECTION TO BE
HELD ON MARCH 29, 2005 REGARDING SERVICE LEVEL C
RATES AND CHARGES FOR RORIPAUGH RANCH SPECIFIC
PLAN IN ORDER TO ESTABLISH SERVICE LEVEL CRATES
AND CHARGES BEGINNING FISCAL YEAR 2005-2006
PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE
CALIFORNIA CONSTITUTION
3.2 Approve the Election Notice, Ballot, and Procedures for the Completion, Return,
and Tabulation of the Ballots.
3.3 Authorize staff to mail the ballots to the affected property owners pursuant to the
aforementioned process.
Community Services Director Parker reviewed the staff report (as per agenda material).
There being no public input, the public hearing was closed.
MOTION: Director Comerchero moved to approve staff recommendation, including the
adoption of Resolution No. CSD 05-06. Director Edwards seconded the motion and electronic
vote reflected unanimous approval.
DISTRICT BUSINESS
4 Mercantile BuildinQ Renovation
RECOMMENDATION:
4.1 Approve the proposed design concept and proposed use for the Mercantile
Building.
R:\Minutes.csdI020805
2
Providing a brief over of the staff report (of record), Community Services Director Parker
introduced Theater Manager Beers who, in turn, by way of overheads, highlighted the proposed
Master Plan along with its proposed uses.
Community Services Director Parker added that the overall design of the Theater will perfectly
coordinate with the City's Cultural Master Plan, commenting on the space available for visual art
and the Bistro concept.
President Washington thanked staff for its efforts associated with this project.
MOTION: Director Roberts moved to approve the design concept and proposed uses for the
Mercantile Building. Director Naggar seconded the motion and electronic vote reflected
unanimous approval.
DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comment.
GENERAL MANAGER'S REPORT
No additional comment.
BOARD OF DIRECTORS' REPORTS
No additional comments.
ADJOURNMENT
At 7:46 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, February 22, 2005, 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]
R:\Minutes.csd\020805
3
. ITEM 2
APPROVAL
CITY ATTORNEY
DIR. OF FINAN~
CITY MANAGER ~
TEMECUlA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
Board of Directors
FROM:
Shawn Nelson, General Manager
DATE:
February 22, 2005
SUBJECT:
Approval of 2004-05 Mid-Year Budget Adjustments
PREPARED BY:
Genie Roberts, Director of Finance ~ <7br'
Jason Simpson, Assistant Finance Director (J'
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. CSD 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECUlA COMMUNITY SERVICES DISTRICT AMENDING THE
FISCAL YEAR 2004-05 ANNUAL OPERATING BUDGETS
DISCUSSION: Each year a mid-year review is conducted of the Temecula Community Services
District (TCSD) operating budgets. The purpose of this review is to conduct an analysis of
revenues and expenditures to ensure that the TCSD maintains a prudent and healthy fiscal
position. Finance Department staff has performed an analysis of revenues. Additionally,
TCSD staff has reviewed the operating budgets and has identified any material adjustments
required.
The mid-year budget review includes the TCSD City-wide Parks and Recreation Fund, five
Service level Funds, and the Debt Service Fund. Activity in each of the funds is presented in
accordance with the following schedules:
Summarv of Revenues, Expenditures. and Fund Balances: Presents a summary of prior
year and FY 2004-05 year-to-date actual activity, as well as FY 2004-05 current and
proposed budget amounts. Also included is a schedule of beginning and estimated
ending fund balances based upon the proposed budget activity.
Revenue Detail: Presents detail of prior year and FY 2004-05 year-to-date revenues, as
well as the FY 2004-05 current and revised projected revenues.
The projected total TCSD revenues reflect an increase of $45,900 over the original budget
estimate. Contracted classes have been so popular and have had higher enrollment than was
anticipated through the budget process that it has resulted in more revenue in the amount of
$105,000. Children's Museum admission revenue has been increased by $56,000 (87.5%
increase) as a result of higher than expected attendance. The R.E.S.T. Contribution has been
increased by $113,200 to partially offset necessary modifications to the correct
implementation of the user fee study. A new Service Level "L" has been included which
reflects the assessment revenue of $209,000 collected thru the Harveston CFD for the
maintenance of Harveston Lake.
A total increase in TCSD expenditures of $164,800 is proposed. Following is a summary of all
proposed expenditure adjustments:
Citvwide Operations: The net increase in expenditures is a result of an increase in
Contracted Classes of $85,000, landscape plan check services of $15,000, $4,800 for
CALPERS rate adjustment in Service Level "C", and $60,000 for maintenance
expenses for Service Level "L", which is used to record operational costs for
Harveston Lake. TCSD anticipates taking over Harveston Lake on April 1, 2005 from
the developer. Seventy percent of the contracted class revenue goes to the instructor
and thirty percent is retained by TCSD. Therefore, contract class revenues will be
increased to offset the increase in expenditures.
AUTHORIZED POSITIONS
No position reclassifications are proposed. However, TSCD is adding two positions to
accommodate staffing needs for the new Community Theater in Old Town. The positions are
shown in the agenda item separately presented on the City's Midyear Budget.
FISCAL IMPACT: The proposed mid-year adjustments will result in a net decrease of
$118,900 bringing the TCSD total projected fund balance to $837,927 at June 30, 2005.
Attachments:
Resolution CSD 05-
2004-05 Temecula Community Services District Mid-Year Budget
RESOLUTION NO. CSD 05-
A RESOLUTION Of THE BOARD OF DIRECTORS Of THE
TEMECULA COMMUNITY SERVICES DISTRICT AMENDING
THE FISCAL YEAR 2004-05 ANNUAL OPERATING
BUDGETS
WHEREAS, each year a mid-year review is conducted of all Temecula Community
Services (TCSD) operating budgets.
WHEREAS, the purpose of this review is to conduct an analysis of revenues and
expenditures to ensure that the Temecula Community Services District (TCSD) maintains a
prudent and healthy fiscal position.
WHEREAS, the mid-year review has been completed and the recommended adjustments
are reflected in the attached schedules, hereto at Exhibit A.
The Board of Directors does hereby resolve as follows:
Section 1. That the fiscal Year 2004-05 TCSD operating budgets are amended in
accordance with the attached schedules.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula
Community Services District this 22nd day of February, 2005.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
District Secretary/City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk/District Secretary of the Temecula Community
Services District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 04- was duly
adopted at a regular meeting of the Temecula Community Services District on the 22nd day of
February, 2005, by the following roll call vote.
AYES:
DISTRICT MEMBERS:
NOES:
DISTRICT MEMBERS:
ABSENT:
DISTRICT MEMBERS:
Susan W. Jones, CMC
City Clerk/District Secretary
2004-05 TEMECULA COMMUNITY
SERVICES DISTRICT FUNDS
MID-YEAR BUDGET
TEMECULA COMMUNITY SERVICES D1STRICf
SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES
2004-05 MIDYEAR PROJECfION
2003-04 2004-05 2004-05 2004-05 Proposed %
Audited Adjusted Year-to-Date Revised Increase Increase
Actuals Budcjet Actuals Budqet (Decrease) (Decrease)
Total Revenues by Fund:
Citywide Operations 6,817,877 7,796,731 4,655,917 7,715,331 (81,400) -1.0%
Service Level B 534,809 542,480 268,852 507,480 (35,000) -6.5%
Service Level C 1,024,278 1,266,052 638,782 1,266,052
Service Level 0 3,411,601 3,683,491 1,908,694 3,683,491
Service Level R 13,455 9,659 5,735 9,659
Service Level L 206,330 206,300 206,300 100.0%
Debt Service 498,627 541,300 496,300 497,300 (44,000) -8.1%
Total Revenues 12,300,647 13,839,713 8,180,610 13,885,613 45,900 0.3%
Total Expenditures by Fund:
Citywide Operations 6,990,910 8,117,554 3,982,674 8,202,554 85,000 1.2%
Service Level 8 478,581 578,900 260,032 578,900
Service Level C 1,061,659 1,265,700 541,078 1,285,500 19,800 1.9%
Service Level 0 3,464,074 3,702,250 62,557 3,702,250
Service Level R 4,138 14,145 2,921 14,145
Service Level L 60,000 60,000
Debt Service 497,475 496,300 366,675 496,300
Total Expenditures 12,496,837 14,174,849 5,215,937 14,339,649 164,800 1.3%
Excess of Revenues Over (Under)
Expenditures (t96,190) (335,136) 2,964,673 (454,036) (118,900)
,
Operating Transfers Out:
CIP Fund
Excess of Revenues Over (Under)
Expenditures and Operating
Transfers Out (196,190) (335,136) 2,964,673 (454,036) (118,900)
Fund Balances, Beg. of Year 1,488,153 1,291,963 1,291,963 1,291,963
Fund Balances, End of Year 1,291,963 956,827 4,256,636 837,927
TCSD
REVENUE DETAIL
FY 2004-05 MIDYEAR BUDGET
Acel FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 190 TCSD FUND ACTUALS YTD Cil> 12131/04 REVISED EST ESTIMATES IN EST CHANGE
DEPT 180 NON-DEPARTMENTAL
4004 -Special Tax 2.733.775 1,408,027 2,763.531 2,763,531
4006 -Lien Release (Assessments)
4058 -Miscellaneous 253
4060 -Miscellaneous Non Taxable 100 30
4062 -Recovery of Prior Year Expense
4065 -Investment Interest 4,325 2,860 10,000 10,000
4073 -TCSD Admin Fee Creditf'Rest" 3,117,275 2,709,000 3.612,000 3,725,200 113,200 3.1%
4076 -Reimbursements 63,808 43,390 34,000 34,000
4077 -Lease Income 33.672 17.309 34,600 34,600
4084 -Reimbursements (CIP) 4,690 11,462 29.800 29,800
4085 -CSA 143
4090 -Operating Transfers In
41?7 -Development fees 5,747 26,810 40,000 40.000
4284 .Plan Check 4,050 29,970 240,000 40,000 (200.000) -83.3%
4290 -Inspection Fees 23,250 10,500 240,000 40,000 (200.000) -83.3%
4370 -Landscape Plan Check 4,300 2.060 4,000 4,000
4390 -Street Lighting Fees 13,039 1,853 20,000 20,000
TOTAL DEPT 180 6 008 284 4263271 6983 931 6741131 242 800 -3.5%
DEPT 181 SR. CENTER
4051 -Donations 96 388 400 400
4980 -Classes/Activities 669 2,000 2.000
4983 -Transportation 790 544 800 800
4986 -Excursions 889 527 800 800
4990 -Indoor Rentals 25.254 5,995 12,000 12,000
TOTAL DEPT 181 27 698 7454 15600 16000 400 2.6%
DEPT 182 CRC
4980 -Classes/Activities 30,804 20,612 25,000 25,000
4984 -Day Camp 100,588 5,669 81,000 81,000
4990 -Indoor Rentals 34,008 18,410 33,000 33,000
TOTAL DEPT 182 165 400 44691 139 000 139 000
DEPT 183 RECREATION
4058 -Miscellaneous 184 164
4070 -Cash Over & Short 10 41
4975 -Aquatics
4980 -Classes/Activities 72
4982 -Contracted Classes 267.235 103,645 250,000 355.000 105,000 42.0%
4984 -Day Camp
4986 -Excursions 13,169 1,446 6,000 6,000
4988 -Field Rentals/Lights
4989 -Picnic Shelter Rentals .20 227 2,000 2,000
4990 -Indoor Rentals
4992 -Special Events 15,067 8,542 10.000 10,000
4993 -Special Event Donations 8 1,000 1,000
4994 -Sports
4995 -High Hopes 500 500
4998 -Skate Park 14,703 10,452 25,000 25,000
TOTAL DEPT 183 310356 124 589 294 500 399 500 105 000 35.7%
DEPT 184 TCC
4980 -Classes/Activities 1.630 678 4,000 4,000
4984 -Day Camp 1.695 1.300 1,300
4990 -Indoor Rentals 16,180 11,364 18,000 18,000
TOTAL DEPT 184 19,505 12,042 23 300 23 300
TCSD
REVENUE DETAIL
FY 2004-05 MIDYEAR BUDGET
Acel FY 03-04 fY 04~O5 FY 04-05 FY 04-05 CHANGE %
NO 190 TCSD FUND ACTUALS YTD rn> 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
DEPT 185 MUSEUM
4051 -Donations 10,000
4980 ~Classes/Activities 2,844 2,273 2,000 2,000
4985 -Magazines 371 75 3,000 3,000
4986 -Excursions 500 500
4990 -Indoor Rentals 1,456 540 900 900
4991 -Museum Admissions 5,909 2,372 6,000 6,000
4997 -Museum Concessions
5000 -Photo Reproductions 466 994
TOTAL DEPT 185 21046 6254 12400 12400
DEPT 186 AQUATICS
4970 -Swim Lessons 84,684 53,349 83,000 83,000
4971 -Lap Swim 8,421 4,015 7,000 7,000
4972 -Public Swim 9,187 7,010 8,000 8,000
4973 -family Night Swim
4974 .Pool Rentals 17.325 7,130 12,000 12,000
4976 -Non-resident Swim 1,930 1,150 1,500 1,500
TOTAL DEPT 186 121547 72 654 111500 111500
DEPT 187 SPORTS
4960 -Adult Softball 53,995 26,640 55,000 55,000
4961 -Adult Basketball 7.370 700 6,500 6,500
4962 -Adult Rollerhockey
4963 -Tournaments 3,000 3,000
4964 -Adult leagues (non-resident) 9.113 3,185 8,000 8.000
4965 .Youth leagues (non-resident) 7,660 1,890 6,500 6,500
14966 -Open Gym 170
14988 -field Rentals/Lights 62,424 20,941 55,000 55,000
TOTAL DEPT 187 140 562 53 526 134 000 134 000
DEPT 188 CHILDREN'S MUSEUM
14051 -Donations 160 2,000 2,000
4070 -Cash Over & Short -38
14991 -Museum Admissions 3,478 71,314 64,000 120,000 56,000 87.5%
14997 -Museum Concessions 8.000 8.000
14999 -Birthdays 8,500 8,500
TOTAL DEPT 188 3478 71436 82 500 138 500 56 000 67.9%
TOTAL TCSD 6,817,877 4,655,917 7.796,731 7,715,331 (81,400 -1.0%
TCSD
REVENUE DETAIL
FY 2004-05 MIDYEAR BUDGET
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 192 SERVICE LEVEL "B" FUND ACTUALS YTD ';'-12/31/04 REVISED EST ESTIMA lES IN EST CHANGE
4005 -Assessments 459,556 243,446 481,680 481,680
4062 -Recovery of Prior Year Expense
4065 -Investment Interest 1,006 590 800 800
4073 -TCSD Admin Fee Credit/REST 35,000 (35,000)
4085 -CSA 143
4090 -Operating Transfers In 56,075
4390 -Street lighting Fees 18,072 24,816 24,000 24,000
4395 -Property Owner Election Costs 100 1,000 1,000
TOTAL SERVICE LEVEL "8" FUND 534,809 268852 542,480 507,480 /35,000 -6.5%
Acel FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 193 SERVICE LEVEL "e" FUND ACTUALS YTD"" 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4005 -Assessments 986,712 603,555 1,202,732 1,202,732
4051 -Donations 31,316 31,320 31,320
4065 -Investment Interest 3,173 1.151 2,000 2,000
4370 -Landscape Plan Check 11,635 260 15,000 15,000
4371 -Landscape Inspection 22,000 2.500 15,000 15,000
4373 -Tree Trimming and Removal 458
4395 -Property Owner Election Costs 300
TOTAL SERVICE LEVEL "C" FUND 1 ,024,278 638782 1.266,052 1,266,052
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 194 SERVICE LEVEL "D" FUND ACTUALS YTD rr;., 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4005 -Assessments 3,309,481 1,817 ,492 3,578,671 3,578,671
4025 -Grants 20,499 20,817 20,820 20,820
4065 -Jnvestment Interest 3.496 385 2.000 2.000
4090 -Operating Transfers In 73,125 70,000 70,000 70,000
4096 -Recycling Program 5,000 5.000 5,000
4390 -Street lighting Fees 7,000 7.000
TOTAL SERVICE LEVEL "0" FUND 3.411 ,601 1.908,694 3,683,491 3.683.491
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 195 SERVICE LEVEL "R" FUND ACTUALS YTD 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4005 -Assessments 13,114 5,451 9,159 9,159
4065 -Investment Interest 341 284 500 500
TOTAL SERVICE LEVEL 'R" FUND 13.455 5 735 9,659 9 659
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 196 SERVICE LEVEL "L" FUND ACTUALS YTD 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4005 -Assessments
4065 -Investment Interest 194 300 300 100.0%
4090 -Operating Transfers In 206,136 206,000 206,000 100.0%
TOTAL SERVICE LEVEL "L" FUND 206,330 206,300 206,300 100.0%
ACCT FY 03-04 FY 04-05 FY 04.05 FY 04-05 CHANGE %
NO 390 DEBT SERVICE FUND ACTUALS YTD 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
065 -Investment Interest 502 45,000 1,000 (44,000) -97.8%
4090 -Operating Transfer In 498.125 496,300 496,300 496,300
4800 -Bond Proceeds
TOTAL DEBT SERVICE FUND 498,627 496,300 541,300 497.300 44,000 -8.1%
ITEM 3
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
I Herman Parker, Director of Community Services
~ William G. Hughes, Director of Public Works/City Engineer
DATE:
February 22,2005
SUBJECT:
Synthetic Turf for the Sports Complex, Project No. PW01-17CSD
Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids
PREPARED BY:
Amer Attar, Principal Engineer
Bill McAteer, Construction Manager
RECOMMENDATION: That the Board of Directors approve the Plans and Specifications and
authorize the Department of Public Works to solicit construction bids for the Synthetic Turf at the
Sports Complex on Pechanga Parkway and Deer Hollow, Project No. PW01-17CSD.
BACKGROUND: Construction of the Sports Complex is well under way. The City's
consultant, RJM, has completed the plans and specifications for the Synthetic Turf. This turf will be
installed on three regulation soccer fields and one championship soccer / football field. The work
includes the synthetic turf, a six inch stone base, and a drainage system under each field. All work
will be coordinated with D. E. Barnhart, Inc., the current general contractor for the construction of the
Sports Complex. In order to coordinate the work, a synthetic turf contractor needs to be hired early
on in the construction of the sports park. They will work with City staff and D. E. Barnhart so that the
fields are ready when the sports park is opened to the public.
The specifications and contract documents have been completed and the project is ready to be
advertised for construction bids. The contract documents are available for review in the City
Engineer's office. The Engineer's Construction Estimate for the four synthetic fields is $ 3,000,000.
FISCAL IMPACT: The Sports Complex is a Capital Improvement Project identified in the Capital
Improvement Program for Fiscal Years 2004-2008. The project is funded through Development
Impact Fees - Parks & Recreation and Quimby, Certificates of Participation Bond Proceeds, Capital
Project Reserves, Proposition 40, and the Wolf Creek Community Facilities District. Sufficient funds
are appropriated to cover the estimated construction costs.
ATTACHMENTS:
1. Project Locations
2. Project Descriptions
1
R:\CIP\PROJECTS\PW01\PW01-17 sports COlll'lex\AgendaReopts\PW01-17CSOTURFBIO.DOC
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ITEM 4
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAt--.lGE q:::.}(
CITY MANAGER / ~~
'7;
TEMECULA COMMUNITY SERVICES DISTRICT
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
General Manager/Board of Directors
Herman Parker, Director of Community services@
DATE:
February 22, 2005
SUBJECT:
Veteran's Memorial, Project No. PW04-10CSD
Additional Allocation and Notice of Completion
~illiam G. Hughes, Director of Public Works/City Engineer
mer Attar, Principal Engineer
Jon Salazar, Associate Engin~
RECOMMENDATION: That the Board of Directors:
PREPARED BY:
1. Approve a transfer in an amount of $55,000.00 from CIP Project 'Skate Park Drainage
Improvements', and of $35,000 from CIP Project 'Play Structure Retrofit', for a total of
$90,000.00 to the Veteran's Memorial Project, Project No. PW04-10CSD, to cover final
contract and budget costs;
2. Increase the City Manager's Change Order approval authorization with SFM Constructors by
$90,000;
3. Accept the project, Veteran's Memorial, Project No. PW04-1 OCSD, as complete;
4. File the Notice of Completion, release the Performance Bond, and accept a 1 year
Maintenance Bond; and
5. Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
BACKGROUND: On August 24,2004 the Board of Directors awarded a construction contract to
SFM Constructors, Inc. in the amount of $160,000.00 and authorized the General Manager to
approve change orders not to exceed a 10% contingency of $16,000.00. During construction, it
became apparent that there were many items not covered by the original bid package, and on
October 12, 2004, the Board of Directors approved an allocation increase in the amount of
$95,839.70, which represented, at that time, the City's best estimate of the increased construction
costs. Additional unexpected costs were incurred since October which have resulted in the need for
additional appropriations. The following is a summary of the increased project construction costs not
covered by the 10/12/04 allocation:
1
R:\AGENDA REPORTS\2005\022205\PWQ4-1 OCSD Addl Allocation&NoticeofCompletionFinal.DOC
ITEM
Administration Costs
Granite PaverslTile (material)
Sun City Granite (deposit)
Artist-reauested concrete surface treatments
Electrical
Various Chanae Orders (breakdown attached)
Total =
COST
$27,000.00
$9,361.89
$6,838.00
$9,317.92
$16,674.44
$16,197.08
$86,389.33
Following is a brief explanation of each cost increase:
. Administration Costs: Due to the nature of the project, intense involvement of City staff
from various departments was required; some project team members devoted 100% of their
time to this project alone in the weeks leading up to the dedication ceremony. This resulted
in increased administration costs;
. Granite PaversfTile: Due to the lack of an exact plan for the installation of the granite
pavers, the quantity of spacer tiles needed between the engraved pavers was unknown. A
premium cost was required to be paid to obtain the necessary extra spacer pavers for
installation the week before the dedication ceremony;
. Sun City Granite (deposit): Sun City Granite had originally contracted directly with the
VFW for the granite pavers for the project. When it became apparent that the pavers
originally ordered would not arrive in time for installation before the opening ceremony, an
alternate supplier was utilized, resulting in the VFW forfeiting their deposit with Sun City;
. Artist-requested concrete surface treatments: The artist had much hands-on
involvement at the site to achieve the look of the finished product he desired, which resulted
in changes beyond the contract work;
. Electrical: The scope of the electrical and lighting work far surpassed what had been
originally anticipated to achieve the desired effect for the memorial, and the costs escalated
accordingly;
. Various other changes: The other costs ranged from $500 to $5,000. A detailed summary
of all changes is attached.
The "Veteran's Memorial Project" or "Walk of Remembrance" is located at the Temecula Duck
Pond. This memorial is to recognize and honor those who served our nation in the armed forces.
The memorial design is titled "Letters Home" and the steps and wheelchair ramp leading to the
memorial were dedicated as the "Paths of Honor." The design concept was completed by the artist,
Chris Pardell, and the Board of Directors has previously approved a contract for that portion of the
work with Mr. Pardell.
FISCAL IMPACT: The original construction contract with SFM Constructors was in the amount
of $160,000, with a 10% contingency of $16,000 for a total of $176,000. An additional appropriation
of $95,839.70 was approved by the Board of Directors on October 12, 2004. The requested
additional appropriation in the amount of $90,000.00 brings the total construction cost to
$361 ,839.70. The contract with artist Christopher Pardell was in the amount of $178,307 with a 10%
contingency of $17,831 for a total of $196,138, bringing the total project expenditures to
$557,977. 70.
2
R:\AGENDA REPORTS\2005\022205\PWQ4-1 OCSD Addl Allocation&NoticeofCompletionFinal.DOC
The Veteran's Memorial Project is a Capital Improvement Program Project funded through Capital
Reserves and Development Impact Fees - Open Space & Art for Fiscal Year 2004-2005. A budget
transfer in the amount of $55,000.00 from CIP Project 'Skate Park Drainage Improvements', and of
$35,000 from CIP Project 'Play Structure Retrofit' to the Veteran's Memorial Project, Project No.
PW04-10CSD is necessary to cover the total costs of the project.
ATTACHMENT:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit and Final Release
3
R:\AGENDA REPORTS\2Q05\022205\PWQ4-1 OC$D Addl Allocation&NoticeofCompletionFinal.DOC
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecul., CA 92589-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described: Veteran's
Memorial Project.
2. The full address of the City of T emecula is 43200 Business Park Drive, T emecula, California
92590.
3. A Contract was awarded by the City of Temecula to SFM Constructors, Inc., P.O. Box
890485, Temecula, CA 92589-0485 to perform the following work of improvement:
Veteran's Memorial
Project No. PW04-10CSD
4. Said work was completed by said company according to plans and specifications and to the
satisfaction of the Director of Public Works of the City of Temecula, and that said work was accepted by the
City Council of the City of Temecula at a regular meeting thereof held on Februarv 22, 2005. That upon said
contract the American Contractor's Indemnitv ComDanv was surety for the bond given by the said company
as required by law.
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows:
Temecula Duck Pond, Rancho California & Ynez Roads
6. The location of said property is: Temecula, California
Dated at Temecula, California, this 22"0 dav of February 2005.
Susan W. Jones CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of
perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF
COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of
Riverside by said City CounciL
Dated at Temecula, California, this 22"0 dav of February 2005.
Susan W. Jones CMC, City Clerk
4
R:\AGENDA REPORTS\2005\02220S\PW04-10CSD Addl Allocation&NoticeofCompletionFinal.DOC
OCJID # 204678
CITY OF TEMECULA, PUBUC WORKS DEPARTMENT
TEMECULA COMMUNITY SERVICES DISTRICT
MAINTENANCE BOND
PROJECT NO. PW04-1OCSD
Vf!Tf!RAN'S MEMORIAL PROJECT
KNOW ALL PERSONS BY THESE PRESENT THAT:
,
SfM <ll'lSTRUcroRS, INC., 30305 VIA OORTE, 'i'EMEnlLA, CA 92591
NAME AND ADDRESS CONTRACTORS
.,
a
CDRPC.ilATIOO
fM/n -. ~1Icn. """""'cr~
, herelnalter called Principal, and
242 E. AIRPORT DR., SUITE 104
AMERICAN cmrRAcroRS INDEl>lNITY <nIPANY SAN BERNARDINO, CA 92408
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are held and IIrmly bound unto CITY OF TEMECULA,
hereinafter called OWNER, In the penal sum of em: HUNDRED SIXTY 'lHCXJSAND OOLIJ\RS
DOLLARS and 0
CENTS ($' 16. boo lin lawful money of the United States, said sum being not less than
ten (10%) of the Contract value payable by the said City 01 Temecula under the tenns 01 the
Contract, lor the payment of which, we bind ourselves, 8UOCessOrs, and asslgn8, jointly and
severally, Ilrmly by these presents.
THE CONDITION OF THIS OBUGATION Is such that whereas, the Principal entered Into a
certain Contract with the OWNER, dated the day of , 2004, a copy
of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW04-
1OCSD, VETERAN'S MEMORfAL PROJECT.
WHEREAS, said Contrllct prOvides that the Principal will furnish I bond conditioned to guarantee .
for the period of 5!!li (1) year alter approval of the final estimate on said JOb, by the OWNER,
against all defects In workmanship and materials whloh may become apparent during said period;
and
WHEREAS, the said Contract has been completed, and the final estimate was approved on _
.2004.
NOW, THEREFORE. THE CONDITION OF THIS OBUGATlON IS SUCH, thlt II within one year
from the date of approval 01 the flnll estimate on said Job pursuant to the Contrad, thv work done
under the terms of said Contract shall disclose poor workmanship In the execution of said work,
and the carrying out of the terms of said Contrlct, or It shall appear that defective materials were
furnl&hed thereundor, then this obligation shall remain In full force and virtue, otherwise this
instrument shall be void. .
As 8 part of the obligation 8GOured hereby all!lln aclditlon to the Illce amount speclfled, costs and
rllllliOnable expen$es and feas shall be Included, inCluding reasonable IUomeys' f888 incurred by
j
I
IlAlHTEHANCf80NO
10\.1 R:'C1P1PROJECTlN'WD4'I'Wll4-10060 VoIolI/II MtlllOlfallleo/gnlOCS1l $tlIICI.tlOl
the City 01 Temecula In successfully enforclng this obligation, all to be taxed a6 oosts and
Included in any Judgment rendered,
The Surety hereby stipulates and agrees that no change, extension of lime, alteration, or addition
to the tenns of the Contract, or to the work to be performed thereunder, or to the specilications
accompanying the same, shaH In any way affect ils obligations on this bond, and it doe6 hereby
waive notice 01 any such change, extlK\8IOn 01 time, alteration, or addition to the terms 01 the
Contract, or to the work, or to the Specifications.
Signed and sealed this 27TH
day of AUGUST
,2004.
(Seal)
AMERICAN CI:NrRACI'ORS
SURETY lNDEMUTY CI:MPANY
By: 0afWl.a~~
TAMRA ANDREDE
~-IN-FAcr
(Title)
PRINCIPAL 7"" ;S~ORS, INC.
BY:~
h. .#tf'71!kt'~ /?v.e7;7
I'R~~'l-r
(TIlle)
By:
APPROVED AS TO FORM:
(Name)
Peter M. Thorson, City Attorney
(Title)
.,.
MAINlEHNlCE lIOND
....2 R:\CII'\PROJEC1WW04'/'W04-I0cs0 Volllretl$~lQCSO $ptCl,1oI
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.
. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE
} ss
On AUGUST 27 , 2004
0.1.
before me BERTRAM J. PRITCHARD, NOTARY
, NameandTllle()/CllhoerI.."..'''-00e,NolaryPu~U5LIC'
,} ANDRF.DE
personally appeared T A MR A
Namt(.) 01 Slgn<<{.J
Irl personally known to me
o proved to me on the basis of satisfactory
evidence
to be the person(~ whose namelG) is/alll
subscribed to the within instrument and
acknowledged to me !hat IlIl/she~ executed
the same in lI!WI1er/ltvllK authorized
capacily(~OO, and that by ~/her/ll{\l{r
signaturefll) on the instrument the personlG), or
the entity upon behalf of which the per on(IQ
acted, executed the in rum
Slgl'llM.
OPTIONAL
Though the information below;s not required by law. it may prove vafuable to persons relying on the document and could prevent
fraudulent removaf and reattachment of this fOfTTI to another document.
Description of Attached Document
Tille or Type of Pocument:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Signer Is Representing:
o Indivldual
o Corporate Officer -1itle(s):
o Partner - 0 limited 0 General
o Attomey-in.Fact
o Trustee
o Guardian or Conservator
o Other:
01999 NeIIonaI ~AnocIatIon. 9350 De Solo A.w., P.O. Box 2402' ctIatsworth, CA91313-2402' www.llatIcoa*\otary.org
Prod. No. 5907
Reordet:CallToI-free1-8lX).878-8827
0CtID #204678
^
American Contractors Indemnity Company
9841 Airport Blvd., 9th Floor, Los Angeles, California 90045
06-3297
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a Califomia corporation does hereby appoint,
Tamra Andrede of Anaheim, CA
Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings oblifatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed $ * *500,000.00 Dollars*** . This Power of Attorney shall expire without further action on
September 27,2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
"RESOLVED that the Chief Executive Officer. President or any Vice President. Executive Vice President, Secretary or Assistant Secretary. shall have
the power and authority
J. To appoint Attorney(s).in.Fact and 10 authorize them to execute on behalf of the Company, and attach the seal of the Company thereto.
bonds and undertakings. contracts afindemnity and other writings obligatory in the nature thereof and.
2. To remove, at any time. any such Attorney.in.fact and revoke the authority given.
RESOLVED FURTHER. that the signatures of such officers and the seal of the Company may be affued to any such Power of Attorney or certificate
relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached,"
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the 1st day of September, 2000.
AMERICAN CONTRACTORS INDEMNITY COMPANY
By:
d4~
Andy T. Faust, Jr., Corporate President
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
s
s
On this 1st day of September, 2000 before me, Norma J. Virgilio, a notary public, personally appeared Andy T. Faust, Jr., Corporate
President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and
aCknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal Je- - - - =~~~=~o- ~
\ . /J. , - Notary Public. CIIUlomla i
J7. .,u.u.Q.. 1 )~~ laIAng.... County -
Norma J. Vrrgilio, Notar1 MrCarm\.EllpnISepZT,2lllI5
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 27TH day of AUGUST , 200 ~.
Bond No. 204678
A N #700I/Seal#24l-l
gency o.
...., Dr\AI'IAMB/nl
, CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT
TEMECULA COMMUNITY SERVICES DISTRICT
.,.
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW04-10CSD
VETERAN'S MEMORIAL PROJECT
This is to certify that ..5'FNf OAlS~~(~~after the "CONTRACTOR") declares
to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor,
services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents, employees or subcontractors used or in contribution to the
, execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, or repair of that certain work of improvement known as PROJECT NO. PW04-
10CSD, VETERAN'S MEMORIAL PROJECT, situated in the City of Temecula, State of
California, more particularly described as'follows:
C't7'"r ?IJ,V,(, /IJ~e-tJ 1'"7H'~ /)",d( p~""l) I,
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK HERE
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR.
Further, in connection with the final payment of the Contract, the CONTRACTOR hereby
disputes the following amounts:
~ I Description
('O/C.J ~ 7'. ~6. ;.e
~, ... ,
;$" "".... 3 'I
,
Dollar Amount to Dispute
w$". 7';. OLe,
,
Pursuant to Public Contract Code 97100, the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
CONTRACTOR
Dated: /-I? -~ S-
B~t;.~
Signature
J.. .HI??a(/( I!.,,~ ~Re.e.
Print Name and Title .
RELEASE
R.1 R:\CIPIPROJECTSIPW04IPW04-1OCSO Veterans MemoriaflDe~gnIPW04.1OCSO Specs.dot
TCSD
DEPARTMENTAL
REPORT
APPROVAL
C'TYAHORNEY ~
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Board of Directors
Herman D. Parker, Director of Community service8
February 22, 2005
DATE:
SUBJECT:
Departmental Report
PREPARED BY:
Gail L. Zigler, Administrative Secretary
The conceptual Master Plan for the Wolf Creek Sports Complex is complete. The 43 acre park will
offer parking, restroom/concession buildings, maintenance building, four lighted basketball courts,
four lighted soccer and four lighted softball/baseball fields, tot play equipment, picnic areas and
walkways. This project has been bid and a contract has been awarded, and the grading portion of
the project has begun.
On February 5, 2005 the City of Temecula was presented with a Thea Award at the annual TEA
gala held at the Disneyland Hotel in Anaheim. This award is given by the Themed Entertainment
Association to honor excellence within the themed entertainment and experience design
environments. Additional recipients of the award include "The Revenge OfThe Mummy" attraction
in Orlando, Florida, by Universal Creative; the "International Spy Museum" in Cleveland, Ohio; and,
the live show "Aladdin" by Walt Disney Engineering.
Final plans for the library have been submitted to the California Office of Library Construction for
their approval, which is anticipated by the end of this month. Upon their approval the project will be
formally advertised for public bid with an anticipated bid opening date of early March.
The Community Services Department has received confirmation that we have received two (2) State
awards from the California Parks and Recreation Society (CPRS). We have received an award of
excellence for facility design for the Imagination Workshop, Temecula Childrens Museum and also
an Award of Excellence for youth development programs for the Childrens Museum. These awards
will be presented to the Community Services Department at the annual CPRS Conference to be
held in Sacramento March 10 -12,2005.
The Development Services Division continues to participate in the development review for projects
within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as
overseeing the development of parks and recreation facilities, and the contract for refuse and
recycling, cable television services and assessment administration.
R:\ZIGLERGIXDEPTRP1\0205.doc
The Maintenance Division continues to oversee the maintenance of all City parks and facilities, and
assist in all aspects of Citywide special events.
The Recreation Division recently staff is busy registering participants for classes, activities and
excursions, and planning and programming upcoming special events.
R:\ZIGLERGIXDEPTRPTl0205.doc
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
FEBRUARY 8, 2005
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:46
P.M., in the City Council Chambers, 43200 Business Park Drive, and Temecula.
ROLL CALL
PRESENT: 5
AGENCY MEMBERS
Comerchero, Edwards, Naggar,
Washington, and Roberts
ABSENT: 0
AGENCY MEMBERS:
None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of January 25, 2005.
2 Amendment NO.4 to Professional Services Aoreement with Fisher Sehoal Yanez. Inc.
for Architectural Services Associated with the Old Town Temecula Communitv Theater-
Proiect No. PW02-23
RECOMMENDATION:
2.1 Approve Amendment NO.4 to the agreement with Fisher Sehgal Yanez, Inc. to
provide Professional Services in a total amount not to exceed $89,600 to design
the interior improvements of the Mercantile Building ($33,050) for additional
construction support and reimbursables expenses ($56,550) and authorize the
Chairperson to execute the amendment.
MOTION: Agency Member Washington moved to approve Consent Calendar Item Nos. 1-2.
The motion was seconded by Agency Member Comerchero and electronic vote reflected
unanimous approval.
EXECUTIVE DIRECTOR'S REPORT
No additional comment.
AGENCY MEMBERS' REPORTS
No comments.
R:\Minutes. rdal020805
ADJOURNMENT
At 7:47 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, February 22, 2005 in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Ron Roberts, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes.rdaI020805
2
ITEM 2
APPROVAL
CITY ATTORNEY
DIR. OF FINAN~
CITY MANAGER ~
I .
TEMECULA REDEVElOPMENT AGENCY
AGENDA REPORT
TO:
Agency Directors
FROM:
Shawn Nelson, Executive Director
DATE:
February 22, 2005
SUBJECT:
Approval of the 2004-05 Mid-Year Budget Adjustments
PREPARED BY:
Genie Roberts, Director of Finance
Jason Simpson, Assistant Finance Director
RECOMMENDATION:
Adopt a resolution entitled:
RESOLUTION NO. RDA 05-
A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY
AMENDING THE FISCAL YEAR 2004-05 ANNUAL OPERATING
BUDGETS
DISCUSSION: Each year a mid-year review is conducted of the Temecula
Redevelopment Agency (RDA) operating budget. The purpose of this review is to conduct an
analysis of revenues and expenditures to ensure that the Agency maintains a prudent and
healthy fiscal position. Finance Department staff has performed an analysis of revenues.
Additionally, Agency and City staff has reviewed the operating budgets and has identified any
material adjustments required.
The mid-year budget review includes the Low/Moderate Income Housing Fund, the Capital
Projects/Redevelopment Fund, and the Debt Service Fund. Activity in each fund is presented
in accordance with the following schedules:
Summarv of Revenues, Expenditures, and Fund Balances: Presents a summary of prior
year and FY 2004-05 year-to-date actual activity, as well as the FY 2004-05 current
and proposed budget amounts. Also included is a schedule of beginning and estimated
ending fund balances based upon the proposed budget activity.
Revenue Detail: Presents detail of prior year and FY 2004-05 year-to-date revenues, as
well as the FY 2004-05 current and revised projec1ed revenues.
Revenues:
The RDA revenues are being modified to reflect increases in values in line with projections
based upon the latest report from Riverside County. Tax increment revenue will increase by
$547,000 to $12,551,000 for FY2004-05, of which 20% ($109,400) will be allocated to the
Low and Moderate Housing Fund as required by State Law. The remaining $437,600 will be
recorded in the Debt Service Fund. Additionally, the Low and Moderate Housing Fund has
received approximately $40,000 in reimbursements due to the sale of the Cottages of Old
Town to the new homeowners. Due to an accounting change under GASB, the RDA has
reduced the recognition of revenue by $65,000 on its outstanding advance with the City. All
other changes are minor and are shown as general budget cleanup items.
Expenditures:
The projected Redevelopment Agency expenditures reflect a net increase of $942,000. An
increase of $582,000 for pass-through agreements is necessary as a direct result of increased
tax increment revenue receipts. The State shifted money from local government
redevelopment-related funds to schools (ERAF). The ERAF Shift was originally believed to cost
the City of Temecula $455,000 during this fiscal year. Based upon a review of information
from the State Controller's Office, the projected ERAF shift for FY2004-05 will be $770,000,
a $315,000 increase over budget. In addition, an increase of $70,000 in Debt service-interest
expense is necessary due to an accounting change in recognizing the charges associated with
the long-term Advance from the General Fund. There are minor adjustments on a couple of
line items as cleanup issues for budget purposes.
AUTHORIZED POSITIONS
No changes are proposed to the Schedule of Authorized Positions.
FISCAL IMPACT: The total proposed mid-year adjustments as reflected in the attached
schedules will result in a $279,400 decrease in available resources in the Debt Service Fund, a
$317,400 decrease in the Redevelopment Fund, and a net increase of $181,700 in the
Low/Moderate Income Housing Fund.
Attachments:
Resolution No. RDA 05-
2004-05 Temecula Redevelopment Agency Mid-Year Budget
2
RESOLUTION NO. RDA 05-
A RESOLUTION OF THE TEMECULA
REDEVELOPMENT AGENCY AMENDING THE FISCAL
YEAR 2004-05 ANNUAL OPERATING BUDGETS
WHEREAS, each year a mid-year review is conducted of the Temecula Redevelopment
Agency (RDA) operating budget.
WHEREAS, the purpose of this review is to conduct an analysis of revenues and
expenditures to ensure that the RDA maintains a prudent and healthy fiscal position.
WHEREAS, the mid-year review has been completed and the recommended adjustments
are reflected in the attached schedules, hereto as Exhibit A.
The Board of Directors does hereby resolve as follows:
Section 1. That the Fiscal Year 2004-05 RDA operating budget is amended in
accordance with the attached schedules.
PASSED, APPROVED AND ADOPTED, by the Redevelopment Agency of the City of
Temecula, this 22nd day of February, 2005.
Ron Roberts, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, Susan W. Jones, CMC, Secretary of the Temecula Redevelopment Agency of the City
of Temecula, do hereby certify that the foregoing Resolution No. RDA 05- was duly adopted
by the Board of Directors of the T emecula Redevelopment Agency at a regular meeting thereof
held on the 22nd day of February, 2005, by the following vote:
AYES:
AGENCY MEMBERS:
NOES:
AGENCY MEMBERS:
ABSENT:
AGENCY MEMBERS:
Susan W. Jones, CMC
City Clerk/Agency Secretary
2004-05 REDEVELOPMENT
AGENCY FUNDS
MID-YEAR BUDGET
TEMECULA REDEVELOPMENT AGENCY
SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES
2004-05 MIDYEAR PROJECTION
2003-04 2004-05 2004-05 2004-05 Proposed %
Current Current Year-ta-Date Revised Increase Increase
Budget Budget Actuals Budget (Decrease ) (Decrease)
Total Revenues by Fund:*
Low/Moderate Income Housing 2,872,709 2,786,800 1,481,465 2,941,100 t54,300 5.5%
Redevelopment 1,449,146 1,442,100 567,007 1,442,100
Debt Service 9,541,249 9,698,200 5,055,944 10,070,800 372,600 3.8%
Totai Revenues 13,863,104 13,927,100 7,104,416 14,454,000 526,900 3.8%
Total Non-CIP Expenditures by Fund:
Low/Moderate Income Housing 3,340,439 1,041,762 283,433 1,014,362 (27,400) -2.5%
Redevelopment 4,135,980 1,174,100 282,134 1,491,500 317,400 27.0%
Debt Service 8,150,063 9,055,200 4,970,865 9,707,200 652,000 7.2%
Totai Expenditures 15,626,482 11,271,062 5,536,432 12,213,062 942,000 8.4%
Excess of Revenues OVer (Under)
Expenditures (1,763,378) 2,656,038 1,567,984 2,240,939 (4IS,tOO)
Other Financing Sources:
Transfers In (Out)
Excess of Revenues and Other Financing
Sources Over (Under) Expenditures (1,763,378) 2,656,038 1,567,984 2,240,939 (415,100)
* Transfer of $1,020,100 is included between these funds
** Excess revenues over expenditures are programmed and budgeted in the Capital Improvement Program
n?/17/?IYl!'i R'S4 AM
REDEVELOPMENT AGENCY
REVENUE DETAIL
FY 2004-05 MIDYEAR BUDGET
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 165 LOW/MOD HOUSING FUND ACTUALS YTD"" 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4015 -Tax Increment 2,379,316 1.259,528 2,400,800 2,510,200 109,400 4.6%
4051 -Donations 4,450 1,000
4060 -Miscellaneous 10,044 1,000 1,000
4065 -Investment Interest 101,181 77,158 115,000 115,000
4066 -Loan Interest 26,859 7,813 20,000 20.000
4075 -Rental Income 30,000 50,000 50,000
4076 -Reimbursements 4,903 4,900 4,900
4077 -Forgivable Loan Repayment 272,623 90,648 200,000 200,000
4080 -Reimbursement-Cottages of Old Town 48,236 40,415 40,000 40,000
TOTAL LOW/MOD HOUSING FUND 2,872,709 1,481,465 2,786,800 2,941,100 154,300 5.5%
ACCT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 280 REDEVELOPMENT FUND ACTUALS YTD"" 12131104 REVISED EST ESTIMATES IN EST CHANGE
4025 -Grants 250,000 250,000
4051 -Donations
4058 -Miscellaneous
4060 -Miscellaneous Non Taxable 2,008 125
4062 -Recovery of Prior Year Expenses
4065 -Investment Interest 127.716 48,949 150,000 150,000
4066 -Loan Interest 12,033 5.957 12.000 12.000
4072 -Sale of Property
4075 -Rental Income 122,636 1.926
4076 -Reimbursements 67,622 10,000 10,000
4077 -Forgivable Loan Repayment
4090 -Operating Transfers In 1 ,021 ,700 510,050 1,020,100 1,020,100
4094 -Legal Settlement
4550 -Gain on Assets 95,431
TOTAL REDEVELOPMENT FUND 1,449 146 567.007 1442,100 1442,100
AceT FY 03-04 FY 04-05 FY 04-05 FY 04-05 CHANGE %
NO 380 DEBT SERVICE FUND ACTUALS YTD 12/31/04 REVISED EST ESTIMATES IN EST CHANGE
4015 -Tax Increment 9,517,262 5,038,111 9,603,200 10.040,800 437,600 4.6%
4065 -Investment Interest 23.986 17,833 30,000 30,000
4092 -Deferred Passthrough
4093 -Advances from Other Funds 65,000 (65.000) -100.0%
4800 -Bond Proceeds
TOTAL DEBT SERVICE FUND 9,541,248 5,055.944 9,698200 10,070,800 372,600 3.8%
ITEM 3
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Agency Members
FROM: John Meyer, Redevelopment Director J~
DATE: February 22,2005
SUBJECT: Status Update on the Temecula Education Center
RECOMMENDATION: Receive and File
BACKGROUND: On March 16, 2004 the Agency entered into a Disposition and
Development Agreement (DDA) with the AGK Group, LLC to develop the Temecula Education
Complex. On December 7, 2004 the Agency Board approved the Second Amendment to the
DDA increasing the financial contribution and extending the schedule of performance six
months.
DISCUSSION:
Entitlement Timeline
The developer's project team made its formal Planning Department Submittal on January 31,
and followed up with additional information on February 2, 2005. The Entitlement Timeline
provides the various departments 35 days to complete its reviews and issue written conditions
of approval by March 7, 2005. Once the conditions of approval are issued, the development
team will begin preparing improvement and construction drawings while staff is preparing the
noticing and reports for the May 2nd Planning Commission meeting. The Development
Agreement will also go to the Planning Commission at this time.
Soil Remediation/License Agreement
The license agreement and amendment have been drafted by the City Attorney's office and
distributed for review. The developer's engineer is having additional test borings performed to
better analyze the condition of the soil to fine tune the method of remediation and foundation
design.
Staff is continuing to work with the development team in order to move the agreement forward
once the scope of work and cost estimate is completed. This will allow the Developer to begin
the grading work sooner for the project.
R:\Educationcomplex\Council Update Feb. 22 200S.doc
CONCLUSION: Staff believes the developer remains committed to moving the project
forward as quickly as possible. He has spent considerable resources on project design and
special studies. Further, he has done a credible job in working with the projects Educational
Partners. We look forward to the on-going cooperation and development of the Temecula
Education Center.
R:\Educalioncomplex\Councll Update Feb. 22 2005.doc
RDA
DEPARTMENTAL
REPORT
APPROVAL
CITY ATTORNEY
FINANCE DIRECY
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Redevelopment Agency Members
FROM: John Meyer, Redevelopment Director ~
DATE: February 22,2005
SUBJECT: Monthly Departmental Report
Attached for your information is the monthly report as of February 22, 2005 for the
Redevelopment Department.
First Time Homebuvers Proaram
Funding in the amount of $100,000 is available for FY 04 -05.
Residential Improvement Proarams
The program budget for FY 04-05 is $250,000, with $115,920 funded on 29 units.
Habitat for Humanitv
Council entered into a Disposition and Development Agreement (DDA) with Habitat for
Humanity to develop a home-ownership project within the Pujol Neighborhood. The project
located on the northwest corner of Pujol and First Streets, will consist of 5 new single-family
detached homes. The houses are arranged along Pujol Street and a private lane. Habitat has
resubmitted final grading plans, street improvements and final map to Public Works for review.
Old Town Community Theater
Council awarded the construction contract to Tovey/Shultz Construction, Inc. at the February
10, 2004 City Council meeting in the amount of $7,168,000. Construction has begun and
should be completed in the summer of 2005.
R:\SYERSK\MONTHLL Y\Feb05.doc
1
Campus Proiect
The Redevelopment Agency entered into a Disposition and Development Agreement with AGK
Group, LLC, on March 16, 2004 to develop, construct and operate an educational facility. The
facility will consist of mixed-income apartments, retail facilities, parking and participating college
universities. The project should be completed in Fall of 2006.
Facade Improvement/Non-Conformina Sian Proaram
The following facade improvement/sign projects are in process or have recently been
completed:
. Hitching Post
Sign Program
. Penfold Building
Sign Program - Completed
. Homes Magazine
Sign Program - Completed
. Old Town Coffee House
Sign Program
Old Town Promotions/Marketina
OLD TOWN TEMECULA BLUEGRASS FESTIVAL
The 5th Annual Old Town Temecula Bluegrass Festival will be held in Old Town
Temecula March 19 & 20, 2005. Bluegrass and acoustic music fans mark their
calendars a year in advance for the best Bluegrass Festival on the west coast. Old
Town Temecula's Bluegrass Festival March 19 and 20, is unique as it features nationally
known performers in free concerts. This year's line up includes master fiddler Byron
Berline and his band, Sidesaddle, Donner Mountain Bluegrass Band, Silverado
Bluegrass Band, Andy Rau Band, High Hills, Burnett Family, Suzy Glaze and the 8-hand
string band and Antonio Pontarelli and the Nugrass Band.
Pickers can find a place to jam anywhere along the rustic streets of Old Town Temecula.
Scheduled workshops on the mandolin, fiddle, guitar and banjo are held each day and
are also free. Organized jam sessions with host bands are also part of the event.
Bluegrass originated in the Appalachian Mountain states and is characterized by high
harmony singing and virtuoso banjo or mandolin playing. Bill Monroe is said to be the
father and founder of this American folk music genre. His band, "The Blue Grass Boys"
which formed in 1938, included legendary guitarist Lester Flatt and banjo player Earl
Scruggs. Yet, bluegrass roots stem much deeper and are derived from European, Irish
and Celtic Folk Songs. It was Scruggs who contributed the three-finger five-string banjo
technique, which has become a Bluegrass standard. Groups such as the Kentucky
Headhunters and Charlie Daniels Band help popularize the Bluegrass style and brought
the fiddler player to the forefront.
R:\SYERSKIMONTHLL Y\Feb05.doc
2
Sponsored by the City of Temecula Redevelopment Agency and Tricopolis Records, the
Old Town Bluegrass Festival is just part of the entertainment scheduled for Old Town
Temecula in 2005. April features a Painted Parasol Music Festival on April 16. Old
West gunfighters and costumed characters fill the streets May 14 and 15 for Western
Days and in June the streets come alive with color for the 5th annual Street Painting
Festival. Hot Summer Nights in July and August features local bands and entertainment
every Friday evening.
R:ISYERSK\MONTHLL YIFeb05.doc
3
,
The Byro~, .~\
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Silvera'i Blueg s
BaDd,
Sidesaddle,
DODDer 1I0UDt
IBd, Rau,
High HUls,
Susie Glaze
HUODSO
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Plenty .of Workshops,'" Gre~t Jam ,Sess~ns
;lids Programs, Exhibits and Good Eatin' *Jlll ,concerts "are .,FREE!
.Saturday .U .a.m. to .7 p.m. * *Sunday ,11 a.m. to ,5 p.m.
Jor information call: ,(951) ,694-.6412 ,or J951) ,678-;1456
www.temeculacalifornla.com or www.tricopolisrecords.com
Weekend DRY Camping In Town $10 per night. RSVP (951)678-0831
sponsored by
MLA~~
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The
Country
Porch
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Diamond
envlronmeftulservlces
5 'tiaI-po& 9lea.vul6
DEPARTMENTAL
REPORTS
APPROVAL ~
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER~
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Council/City Manager
Anthony J. Elmo, Director of Building & safet~
,
TO:
DATE:
February 22, 2005
SUBJECT:
Departmental Report
January 2005
PREPARED BY: Carol Brockmeier, Administrative Assistant
The month of January 2005 continued to exhibit the high level of construction activity we
have been experiencing over the past few years. The following is an overview of permit
and inspection activity for January.
Sinole Familv Development - Tracts
The City currently has 379 single family homes under construction. An additional 225
building permits were issued in January. These single family homes under construction
are primarily located in the Harveston Development where 225 homes are under
construction, however, the Crown Hill Development continues to be active with currently 22
homes under construction. Wolf Creek is now starting construction and currently has 90
homes under construction.
Custom Sinole Familv Homes
For the month of January there were 3 new custom home permit issued for a total of 31
custom homes under construction.
Multi-Familv Development
During the month of January 11 buildings with 180 units have been issued at Harveston's
Cape May. There are currently 55 buildings housing 416 units under construction. These
projects lie on both the south and northern ends of the city. The Fountains Senior
Apartment is currently in the framing stages; In the south, Temecula Creek Apartments are
moving along and are at the stage of electric release, the Temecula Ridge Apartments on
Rancho California Rd. and Moraga Rd are in the building process and now Cape May
Apartments are added to the mix.
Commercial Development
Only one new commercial permit was issued in January 2005.
Total Permit and Inspection Activity
During the month of January 225 permits were issued representing a construction
valuation of $14,784,382. Total fees collected in the month of January was $347,325.
During the month of January 2005 the inspection staff performed 3,145 inspections.
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Debbie Ubnos ,Director of Planning
DATE:
February 22, 2005
Monthly Report
SUBJECT:
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of January.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 54 new applications for administrative, other minor cases, and home
occupations and It applications for public hearings during the month of January. The new public
hearing cases are as follows:
DEVELOPMENT PLAN
CERTIFICATE OF PARCEL MERGER
CONDITIONAL USE PERMITS
MINOR MODIFICATION
TENTATIVE PARCEL MAP
TENTATIVE TRACT MAP
2
1
1
2
2
1
Status of Maior Proiects
New Proiects
. Marble Express Building - A Development Plan to construct, establish and operate a 17,421
square foot industrial building on a 1.1 acre site located at 42068 Winchester Road. The
applicant submitted plans on January 24, 2005. Comments are due from affected Departments
on February 14, 2005. (PA05-0016 - HARRIS)
. Industrial Condos of Temecula -A Pre-Application for three industrial condo buildings totaling
85,917 square feet on 5.5 acres was submitted on February 1, 2005. The project site is located
on the north side of Remington Avenue, approximately 500 feet west of Diaz Road. Staff is
currently reviewing the application. (PR05-004 - FISK)
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. Wolf Creek Development Agreement Amendment - An amendment to the approved Wolf Creek
Development Agreement to modify timing thresholds for park improvements and financing was
submitted on February 3, 2005. TCSD has worked with the applicant and City Attorney on
details of changes. This item is tentatively scheduled for Planning Commission on March 2,
2005. (PA05-0027 - KITZEROW)
. SCE Substation - A Minor Modification to a Development Plan and Conditional Use Permit to
establish a 33/12kv substation site at the corner of Nicolas Road and Calle Medusa. The
application was submitted on January 12, 2005. Staff is currently reviewing project. A Pre-DRC
meeting is scheduled for February 15, 2005. (PA05-0011 & PA-05-0012 BALES)
. Green Courts @ Wolf Creek - A Tentative Tract Map to subdivide 11.65 acres into 85 lots (77
residential units) with an alley type design and a minimum lot size of 3,000 square feet in
Planning Area 10 of Wolf Creek. In conjunction, a Development Plan (Product Review) for 77
residential green court homes. Units range from 2, 084 square feet to 2, 204 square feet with 3
different floor plans and 3 architectural designs. This application was submitted on January 10,
2005. Staff is currently reviewing the submittal. Comments are due February 11,2005. (PA05-
0009 & PA05-0010 - KITZEROW)
. Madison Lot 6 - A Pre-Application for a Development Plan submitted on January 25, 2005 to
construct a 17,000 square foot office building located on 1.4 acres at the south corner of
Madison Avenue. A DRC meeting was held on February 2, 2005. Staff is currently preparing
DRC letter. (PR05-0002 DAMKO)
. Madison Lot 13 - A Pre-Application for a Development Plan submitted on January 25, 2005 to
construct a 14,750 square foot building located on the southwest corner of Madison and
Buecking on 1.3 acres. A DRC meeting was held on February 10, 2005. Staff is currently
preparing DRC letter. (PR05-0001 - DAMKO)
. Gallery Portraits Product Review - A Development Plan was submitted on January 27, 2005 for
10 single family residences (2 floorplans, 2 architectural elevations) located at the southeast
corner of Rancho Vista & Ynez Rd. Staff comments due February 17, 2005. (PA05-0021-
DAMKO)
Recentlv Approved Proiects
. 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 was
approved by the Planning Commission on January 19, 2005. (PA04-0134 - KITZEROW)
. Wolf Creek PA 16 -A Tentative Subdivision Map to subdivide 4.22 acres into 6 custom hillside
lots averaging 30,000 square feet. The application was submitted on May 19, 2004 and a DRC
meeting was held on July 1, 2004. A DRC letter was mailed to the applicant on July 6, 2004.
The project was resubmitted on November 2,2004. This project was approved by the Planning
Commission on January 19, 2005. (PA04-0358fTTM 32319 - KITZEROW)
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. Temecula Ridge Apartments - A Development Plan for the addition of 20 units by adding a 3rd
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
approved the item on December 15, 2004. The project was appealed. Subsequent to the
appeal being filed the applicant requested rescinding of his approval. The Planning Commission
rescinded its approval of the project on February 2, 2005(PA04-0260 - KITZEROW)
. 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. A DRC meeting was held
October 28, 2004. The applicant resubmitted plans and all comments were addressed. The
project was administratively approved January 27, 2005. (PA04-0535 - PETERS)
. 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
was presented at the December 15, 2004 Planning Commission meeting, and continued to the
January 19, 2005 Planning Commission meeting for redesign. The Planning Commission
approved the project January 19, 2005. (PA04-0550 - PETERS)
. TPM 30169 - A Tentative Parcel Map to subdivide 4.57 gross acres into 4 single-family
residential lots averaging 1.08 net acres, located on the east side ofYnez Road opposite Quiet
Meadow Road and approximately 470 linear feet north ofthe centerline of Santiago Road. (APN
945-060-006. The original application, which proposed a 7-lot subdivision was denied by the
City Council October 2004. As directed by the City Council, the applicant resubmitted a 4-lot
parcel map on December 10, 2004. This application was approved at the January 27,2005
Director's Hearing. (PA02-0371 - PETERS)
. Greg's Berries - A Temporary Use Permit for a berry stand to be located at the southwest corner
of Overland and Margarita Road from March 1, 2005 thru June 30, 2005. This application was
submitted on January 3, 2005. This project was approved by staff on January 27,2005. (PA05-
0001 - LONG)
. 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. On December
15, 2005 the Planning Commission recommended the City Council approve the project. This
project was approved by City Council on January 11, 2005. (PA04-0369, 0370, 0371 - LONG)
Proiects 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
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3
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, however the Fire and Public Works Departments
have comments that need to be addressed before conditions will be issued. The project is
anticipated to be scheduled for the March 2, 2005 Planning Commission hearing. (PA04-0231-
FISK)
. Star World Center - A Development Plan to construct a 13,709 square foot commercial building
on 1.4 acres located on the west side of Old Town Front Street, approximately 800 feet south of
Santiago Road. The application was submitted on November 22,2004. A DRC meeting was
held with the applicant on January 6, 2005. A DRC letter was sent to the applicant on January
6, 2005 and staff is currently awaiting the submittal of revised plans. (PA04-0584 - FISK)
. Elite's Plaza - A Development Plan to construct two office buildings and one retail building
totaling 74,056 square feet on 4.6 acres located on the east side of Jefferson Avenue
approximately 500 feet north of Rancho California Road. The application was submitted
December 22,2004. A DRC meeting is tentatively scheduled for February 17, 2005. (PA04-
0623 - PETERS)
. Palomar Plaza - A Development Plan to construct a 5,999 square foot dental office on 1.06
acres, located at 43980 Margarita Road. The project was submitted on December 14, 2004.
Comments were due on January 5, 2005. A Pre-DRC was held on January 11, 2005, and a
DRC was held on January 20, 2005. Staff sent comment letter on January 20, 2005 and is
currently waiting for revised plans. (PA04-0612 - LONG)
. Tall Tree Mall Expansion -A Development Plan to construct a 3,000 square foot addition to an
existing 3,600 square foot commercial office building on .18 acres, located at 41964 Main Street
in Old Town. The project was submitted on December 21, 2004. Comments are due on
January 13, 2005. A Pre-DRC was held on January 18, 2005. Staff is currently reviewing the
architecture on this project. A tentative DRC is scheduled for February 17, 2005. (PA04-0622-
LONG)
. County Center Drive Cingular Wireless - A Minor Conditional Use Permit to construct a rooftop
wireless antenna facility located at 40940 Country Center Drive. This project was submitted
December 6, 2004. A Pre-DRC was held on January 4, 2005. Staff has sent a letter outlining
concerns and requesting information. As of February 2, 2005 staff is still waiting for revised
plans. (PA04-0600 - LONG)
. Crawford Suites Hotel- A Pre-Application for a Development Plan to construct a 96 unit, 4 story
hotel at the southeast corner of Jefferson Avenue and Winchester Road, was submitted on
December 27, 2004. A Pre-DRC meeting was held on January 18, 2005. The applicant will
provide additional information to be forwarded to out Architectural consultant. As of February 8,
2005 the applicant has not resubmitted. (PR04-0020 - PAPP)
. Boys & Girls Club - A Development Plan to construct a 5,500 square foot commercial building
on a portion of the 9.12 acre Kent Hintergardt Memorial Park located at 31465 Via Cordoba.
The application was submitted on December 20, 2004. A DRC meeting was held on January
20, 2005 and a DRC letter was sent to the applicant on January 20, 2005. Staff is currently
awaiting submittal of revised plans. (PA04-0605 -FISK)
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. America's Tire Co. - An Administrative Development Plan for the constnuction of a tire sales and
installation store located on pad g in the Creekside Plaza on Highway 79 South and Pechanga
Parkway. The project was submitted on November 30, 2004, and a DRC meeting was held on
January 6, 2005. A DRC letter was sent on January 10, 2005. Applicant resubmitted on
January 28, 2005. Staff is currently preparing an administrative approval letter. (PA04-0591-
DAMKO)
. Temecula Town Center Modifications - A Major Modification and Modified Sign Program to
construct various fa~ade renovations and parking lot modifications and modify existing sign
program 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. A DRC meeting
was held on December 3, 2005. Staff is awaiting sign program modifications requested the first
week in February 2005. (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. The project
was recommended for approval by the Old Town Local Review Board on January 10, 2005 and
is anticipated to be scheduled for the March 2, 2005, Planning Commission. (PA04-0592-
FISK)
. St. Thomas Episcopal Church - A Development Plan IConditional 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. Revised plans were submitted on December 8, 2004.
The project is anticipated to be scheduled for the March 16, 2005, Planning Commission
hearing. (PA04-0394 - FISK)
. In-N-Out Burger - An Administrative Development Plan for a 3,220 square foot fast food
restaurant located on the south side of Highway 79 South. The project was submitted on
December 22, 2004. DRC was held on January 27, 2005. Staff is currently waiting for applicant
to resubmit. (PA04-0624 - DAMKO)
. Butterfield Ranch - A Development Plan to construct five commercial buildings totaling 42,385
square feet and creating two pads for future commercial buildings totaling 13,300 square feet on
6.7 acres located at the southwest corner of Highway 79 South and Butterfield Stage Road. The
application was submitted on December 20, 2004. DRC was held on January 27,2005. Staff is
currently awaiting applicant response. (PA04-0621 - DAMKO)
. Moreno Road Office Building - A Development Plan to construct a two - story 7,000 square foot
office building on .76 acres, located at 41919 Moreno Road. The application was submitted on
July 12, 2004. Staff provided a DRC comment letter to the applicant on August 23, 2004 and
continues to await plan revisions. The applicant is working with an adjacent property owner to
secure an offsite parking agreement. Resubmittal is expected by the end of February. (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 applicant submitted on
July 19, 2004. 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. Estimated Planning
Commission date is March 16, 2005. Staff is waiting for environmental studies to finish the Initial
Study. (PA04-0476 - DAMKO)
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. T emecula Corporate Center - A Pre-Application for a mixed-use business park was submitted
on October 5, 2004, consisting of 17 office, "f1extech", and industrial buildings on two parcels
(6.19 and 6.23 acres) on the east and west sides of Via Industria. A DRC meeting was held
November 4, 2004. Staff is waiting for the formal submittal of a Development Plan application.
(PR04-0017 - 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. Applicant is currently redesigning site plan
and elevation with staff. (PA04-0544 - DAMKO)
. EI 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 II). 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. Meetings were scheduled with the applicant and Director of
Planning to discuss the proposed architecture on January 11, and 20, 2005 and staff is currently
awaiting the submittal of revised plans. (PA04-0561 - FISK)
. 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 was held on
December 9, 2004. Staff has sent a DRC letter to the applicant and recently received comments
from a third party review of the plans. Staff anticipates with the applicant the week of February
14, 2005 to discuss site plan and architectural issues. (PA04-0563 - FISK)
. 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. Staff is currently waiting for resubmittal. (APN 921-310-004) (PA04-0552
- PETERS)
. Temecula Education Complex - A Development Plan and PDO for the 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. A DRC letter was sent to the
applicant on December 27,2004 and revised plans were submitted on February 2,2005. Staff
is currently reviewing the revised plans. (PA04-0582 - FISK)
. Temecula Creek Plaza - A Development Plan to construct 69,120 square feet of
commercial/office/retail space in 8 buildings on 6.88 acres located at the southeast corner of
Highway 79 South and Jedediah Smith Road. The application was submitted on September 29,
2004. A DRC meeting was held on November 4, 2004. The applicant resubmitted an
incomplete package on January 6, 2005. This project was forwarded to our contracting architect
on February 2, 2005. Comments are expected on February 8, 2005 and a DRC is tentatively
scheduled for February 17, 2005. (PA04-0537 - PAPP)
. La Quinta Inn & Suites - A Pre-Application was submitted on November 17, 2004 for a 98 unit
facility used for lodging located on Highway 79 South, east of La Paz Road. Staff is currently
working with the applicant on a redesign for the building. (PR04-0019 - DAMKO)
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6
. Walker Wood Products - An Administrative Development Plan to construct a 1,730 square foot
addition to an existing 145,061 square foot facility located at 43195 Business Park Drive. The
application was submitted on December 15, 2004. A DRC meeting was held on January 20,
2005. The applicant resubmitted on February 4, 2005. Staff is currently reviewing the revised
plans. (PA04-0614 - BALES)
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, 2004. The applicant resubmitted on September 20,2004.
Staff sent fifth iteration letter on January 5, 2005. Staff will attend the March 16, 2005 Planning
Commission hearing to ask for continuance on the project due to changes in the Initial Study
relating to the Airport Land Use Commission. (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 Cerrillo. The application was submitted on September 30, 2004. Staff continues to
await an environmental study to address MSHCP requirements as of February 7, 2005. (PA04-
0539 - HARRIS)
. Selby Parcel Map - A Tentative Parcel Map to subdivide 21.22 acres into 6 parcels located at
the east side of Ynez Road north of Rancho California Road and south of Solana Way. This
project was submitted on January 6, 2005. Comments are due January 28, 2005 and a Pre-
DRC has been scheduled for February 1, 2005.A DRC is scheduled for February 10, 2005.
Staff is currently reviewing this project. (PA05-0004 - LONG)
Industrial
. Temecula Industrial Park -A Development Plan to constructthirteen 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. A second DRC meeting
was held September 30, 2004. Revised plans were submitted November 12, 2004. Staff is
waiting for a response from the Riverside County Geologist regarding a geotechnical study
submittal by the applicant, prior to scheduling for Planning Commission hearing. (PA03-0728-
PETERS)
. 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 continues to await revised plans as of February 7, 2005. (PA04-0543 - HARRIS)
. Park Place Office - A Development Plan to construct a 20,416 square foot office building
located at the southwest corner of Diaz Road and Winchester Road. The applicant submitted
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7
plans on July 14, 2004. A Pre-DRC meeting was held on August 10,2004. A DRC letter was
mailed to the applicant on August 12, 2004. Revised plans were submitted on September 21,
2004. On December 15, 2004, the Planning Commission recommended City Council approve
the project. The project is scheduled for City Council on February 8, 2005. (PA04-0134-
KITZEROWI
. Roick Drive Business Condo - A Tentative Parcel Map to subdivide a building into 20 units. The
project was submitted on November 24,2005. The project is located on the northeast corner of
Via Industria & Roick Drive. Tentative Director's Hearing date set for March 10, 2005. (PA04-
0588 - DAMKO)
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 application was originally submitted on April 18, 2002. The CAC has made
a recommendation on policy for the Chaparral Area allowing %-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 January 10, 2005 the
applicant has not yet submitted a revised constraint map. Environmental review cannot be
completed without the revised constraint map. A meeting has been scheduled for February 11,
2005 to discuss the constraint exhibits. (PA02-0204 - PAPPI
. 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. Revised plans were submitted on
February 7, 2005 and are being reviewed by staff. (PA03-0552 - 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 g, 2004. A DRC meeting was held August 5, 2004. Waiting for
applicant response. Staff sent a 30 day "no response" letter to the applicant on January 12,
2005. (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 April1g, 2004. A DRC meeting was
held on July 8, 2004. Staff has had several phone conversations with the applicant and is
awaiting submittal of revised plans. (PA04 -0283 and PA04-0275 - PETERS)
. 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. The project was submitted on August 8,2004. A DRC meeting was
held with the applicant on October 21,2004. Plan revisions and a draft Negative Declaration are
anticipated to be submitted the week of February 7, 2005. (PA04-0496 - HARRIS)
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8
. Angel 2nd Dwelling Unit - An Application for a second dwelling unit was submitted on December
17,2004 for a 737 square foot casita located at 42430 Sara Lane. A DRC meeting was held on
January 13, 2005. Staff is currently awaiting revised plans. (PA04-0601 - BALES)
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 Revised plans were submitted on Decembe g, 2004, and are currently being
reviewed by the City's cellular consultant. (PA04-0529 - FISK)
. 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 g, 2004. Staff has completed a preliminary review, and the application
has been forwarded to the City's newly hired telecommunications consultant for review. (PA04-
0578 - PETERS)
. 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. and the plans are currently being reviewed by the City's cellular
consultant.. (PA04-0225 - FISK)
. A T& T and Verizon Wireless - A Conditional Use PermiUDevelopment Plan to construct, operate
and establish an unmanned wireless communication facility consisting of up to eight :1:48' high
"Italian Cypress" trees stealth antennas and an 8'x12' equipment area, located at the Rancho
California Water District Water Reservoir Complex, east of Meadows Parkway. Staff has
received phone calls from the surrounding residents expressing concerns about this proposal.
The project was scheduled for the October 15, 2003 Planning Commission Hearing with a denial
recommendation, however, the meeting was canceled and the project will be renoticed for a
future Planning Commission Hearing. Staff met with the applicant on March 12, 2004, to
discuss design alternatives. As of January 10, 2005, the applicant has not resubmitted. (PA02-
0335 - PAPPI
. 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 applicanttheweek
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 develop an agreeable design solution. On September 16,
2004 the applicant submitted design concepts that were not supported by staff. There has been
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no formal resubmittal since May 10, 2004. There is a new consultant working with the applicant
who is preparing a new submittal to forward to our new Telecommunication consultant for 3rd
party review. (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 Mall. Staff has received conditions of approval from other departments and
scheduled the project for the April 7, 2004 Planning Commission Hearing The applicant lost
their lease prior to the hearing, so the application has been continued off calendar in anticipation
of another lease space becoming available within the mall. (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 waiting for updated
environmental information to complete the CEQA 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 g, 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 will be sent to a telecommunications
consultant for third party independent review in January 2005 prior to scheduling for Planning
Commission. There is a new consultant working with the applicant who is preparing a new
submittal to forward to our new Telecommunication consultant for 3rd party review. (PA04-0264
- PAPP)
. 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. The plans are currently being reviewed by the City's cellular
consultant. (PA04-0566 - FISK)
Small Business Assistance
. La Tacqueria -Staff is working with the owners of this Old Town business on a revised plan for
an exterior fac;:ade improvement that includes new awnings, paint and signs. A proposal from
the contractor is to be submitted to the Planning Department in March.
. Rachel's Place - Staff is working with this new business in order to help them obtain funding for
new signs under the Fac;:ade Improvement Program. An application for this project is expected
in February
. T emecula 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. An application will be submitted by the sign contractor in February.
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. Old Town Coffee House - An Administrative Development Plan was submitted on January 25,
2005 for a fayade improvement for this new restaurant located in the building that was
previously occupied by Rhythm and Brews. This project will be reviewed by the Old Town Local
Review Board on February 14, 2005. (PA05-0020 - DAMKO)
. The Stamper Building - Staff is working with the owner of this Old Town business to develop a
sign program for this existing retail building on Old Town Front Street. An application for this
project will be submitted to the Old Town Local Review Board in March.
. Blondie's - Signs for this new retail business in Old Town Temecula were administratively
approved in January and will be funded by the Fayade Improvement Program.
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.
A preliminary site map has been developed and organizational meetings have been scheduled
for February with the applicant and involved City departments.
. Erie 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.
. Southwest Home & Garden Show - A Temporary Use Permit for a home and garden show
located in the parking lot of the Promenade Mall on May 17-24, 2005. Applicant was mailed a
comment letter on December 28, 2004. Staff is waiting for applicant response.(PA04-0606 -
DAMKO)
Special Proiects & LonCl Ranae Plannina Activities
The Division also commits work efforts toward larger scale and longer time frame projects for both
private and public purposes. These activities can range from a relatively simple ordinance or
environmental review to a new specific plan or a general plan amendment. Some of the major
special projects and long range planning activities are as follows:
. Comprehensive General Plan Update - The public review and comment period for the Draft EIR
began on December 17, 2004 and will continue through January 31, 2005. The first Planning
Commission hearing on the Updated General Plan is scheduled for February 2, 2002, and is
expected to be continued to the February 16, 2005 meeting. (HOGAN)
. Public Transportation Master Plan - Staff has researched how these issues have been
addressed by other jurisdictions. Most of the items appear to be very long term, except for the
City's current efforts focusing on park-n-ride facilities. (HOGAN)
. Santa Margarita River Watershed Planning Project - Staff members from the Planning and
Public Works Departments are participating in the process. A draft of the Watershed
Management Plan (WMP) has been reviewed by staff and comments were provided in early
December. A briefing memo on the WMP is being prepared for the City Council's information.
(HOGAN)
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. Automobile Dealership Signage and Special Events - Staff is preparing a recommendation for
weekend events and monument signs based on the information received from Automobile
Dealership Association. Staff anticipates taking this issue to the Planning Commission in March
2005. (WEST)
. NPDES - Planning and Public works Department staff are working together to develop methods
for incorporating best management practices including design guidelines to address
management of urban runoff to meet the MS4 permit requirements. Staff will also address MS4
Permit requirements by revising the CEQA Initial Study checklist. (WEST)
. Staff has prepared a final draft ordinance to codify use restrictions and supplemental standards
for "Cyber Cafes." 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 anticipates having a contract and fee schedule in effect by
March 25, 2005. The selected consultant will assist staff with the technical review of all
telecommunication facility applications. (WEST)
. Supplemental Alcoholic Beverage Sale Standards - A draft of the Ordinance has been
prepared. Briefings have occurred with most members of the council. The tentative schedule
has a proposed ordinance amendment going to the Planning Commission in March 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.
. Development Code Clean-Up Amendment - Staff is proposing a clean-up amendment to the
Development Code for grammatical corrections and clarification. Staff anticipates bringing
forward an amendment in March 2005.
. Surface Mining Ordinance - 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.
. 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.
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. 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.
Additional comments from the Redevelopment Director were forwarded to the consultant on
January 5, 2005. 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
the end of March 2005. (PAPP)
. AQMD Air Quality Element Guidelines - Staff has reviewing the draft and provided additional
comments to AQMD.
. City - Project environmental reviews and permitting:
o Overland Drive Extension - Staff reviewed 2nd submittal of the draft initial study / Mitigated
Negative Declaration and has provided comments to Public Works. No resubmittal to date.
o 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.
(EA93 - PAPP)
o Diaz Road General Plan Level Improvements - Staff has prepared an initial study to
determine the impacts of constructing ultimate improvements on Diaz Road. 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. (EAl 07-
PAPP)
o 1-15 I SR79 S. Ultimate Interchange Project - Staff has provided comments to the Public
Works Department on the issues that need to be addressed in the NEPAlCEQA document
that is to be prepared for this project. (EA111 - WEST)
o Kent Hintegartd Park - TCSD requested staff to prepare an initial study to determine the
impacts of constructing a basketball court, a parking lot and a 5,520 square foot building for
Boys and Girls Club at Kent Hintergartd Park. Staff has reviewed the project and
determined that no significant impacts would occur as a result of this project, and is in the
process of preparing a Negative Declaration for this project. (EAl16 - WEST)
General Plan Amendments
. PA03-0178 TERC 52, LLC - A General Plan amendment application (and Zone Change PA03-
0177) to change the land use designation on 52.83 acres from Business Park to High Density
Residential at the northwest corner of the Rancho California Business Park, adjacent to the
Campus project. Staff is awaiting the submittal of additional information and has advised the
applicant that the proposal will not go to hearing until the Comprehensive General Plan Update
is complete. (PAPP)
. Margarita Village General Plan Amendment - (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
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August 2, 2004 and a DRC letter was sent to the applicant on August 26, 2004. Revised plans
were submitted on October 4, 2004 and again on January 6, 2005. An Initial Study is currently
being prepared. However, this item will not be processed further until completion of the citywide
General Plan Update, anticipated in late March. (KITZEROW)
. PA04-0411, 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 atthe 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 letter the applicant was informed that staff does not support the 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)
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CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jim Domenoe, Chief of pOlicff
DATE: February 22, 2005
SUBJECT: Monthly Departmental Report
The following report reflects the activity of the Temecula Police Department for the month of
January.
PATROL SERVICES
Overall calls for police service..............................................................................................4,321
"Priority One" calls for service ................................................................................................... 44
Average response time for "Priority One" calls...............................................................7 minutes
VOLUNTEERS
Volunteer administration hours................... ............................................................................ 396
Community Action Patrol (CAP) hours ...................................................................................... 97
Reserve officer hours (patrol).................................................................................................. 102
Total Volunteer hours.............................................................................................................. 858
CRIME PREVENTION/GRAFFITI
Crime prevention workshops conducted .....................................................................................3
Residential/business security surveys conducted ....................................................................2/0
Businesses visited ......... ........................... ................................................................................ 11
Businesses visited for past crime follow-up............................................................................... 14
Crime prevention articles ................................. ........... ................................................................ 1
Total square footage of graffiti removed............................................................................... 3,756
TRAFFIC
Citations issued for hazardous violations ... .... ... .... .... ... ... .... .... ... .... .... ..... .... ...... ........ ........... ... 460
D. U .1. arrests....................................................................................................................... .....25
D.U.1. checkpoints conducted....................... .............................................................................. 2
Non-hazardous citations........................................................................................................... 68
Stop Light Abuse Program (S.L.A.P.) citations........................................................................ 186
Neighborhood Enforcement Team (N.E.T.) citations............................................................... 115
Parking citations...................................................................................................................... . 80
Injury collisions......................................................................................................................... 17
INVESTIGATIONS
Average case rate per detective ............................................................................................... 17
Number of community seminars conducted ................................................................................6
C:\Documents and SellingsIJDOMENOE\My Oocuments\Word FilesUim's DocumentslMonthly Slats\January 2004 Monthly Report.doc
POP TEAMS
On-site felony arrests.................................................................................................................. 4
On-site misdemeanor arrests.......................... ................... .........................................................2
Felony arrest warrants served..................................................................................................... 4
Misdemeanor arrest warrants served ..........................................................................................1
Follow-up investigations............................... ............................................................................. 20
SPECIAL ENFORCEMENT TEAM (SET TEAM)
On-site felony arrests... ........... ....... ....... ....... ............................................................................... 1
On-site misdemeanor arrests...................................................................................................... 2
Felony arrest warrants served..................................................................................................... 1
Misdemeanor arrest warrants served.......................................................................................... 1
Follow-up investigations.............................................................................................................. 1
IlIeaal druas seized
Methamphetamine: approximately 5g
PROMENADE MALL TEAM
Calls for service........................................................................................................................ 52
Felony arrest/filings......... ....... ....................... .............................................................................. 7
Misdemeanor arrest/filings ..... ................................................................................................... 11
Vehicle burglaries....................................................................................................................... 3
Vehicle thefts.............................................................................................................................. 1
SCHOOL RESOURCE OFFICERS
Investigations conducted/reports written..... ..............................................................................81
Felony arrests....................................................................................................................... ...... 0
Misdemeanor arrests .................................................................................................................. 8
Citations..................................................................................................................... .............. 22
Youth counseled ..................................................................................................................... 214
Presentations
Stranger Danger (Elementary) ........................................................................................ 2
Controlled Substance (Great Oak HS, Chaparral HS, Temecula Valley HS) ..................3
OLD TOWN STOREFRONT
Total customers served...... ............. ............. ...... .....................................................................210
Sets of fingerprints taken.......................................................................................................... 46
Police reports filed.................................................................................................................... 28
Citations signed off ................... ............. ..................................................................................... 7
Total receipts..................................................................................................................... $5,582
YOUTH ACCOUNTABILITY TEAM
Orientations delivered to new program members...................................................................... 14
School visits.............................................................................................................................. 43
Home visits........................................................................................................................ ....... 11
C:\Documents and Seltings\JOOMENOE\My Documenls\Word FilesUim's Documents\Monthly StatsUanuary 2004 Monthly Report.doc
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE-#-
CITY MANAGER C!J
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
February 22, 2005
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 January, 2005.
MOACTRPT
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
January I February 2005
Prepared By: Amer Attar
Submitted by: William G. Hughes
Date: February 22, 2005
PROJECTS UNDER CONSTRUCTION
1. John Warner Road Assessment District
Under this project an assessment district was formed. This district includes the construction of street
and storm drain improvements in the John Warner Road area. Project is complete. Filing of Notice
of Completion is delayed due to contractor not yet having submitted Contractor's Affidavit and Final
Release. Notice of Completion filing expected in March.
2. Rancho California Road Widening & Median Modifications East of Ynez Road
The project will include the closing of the two median openings on Rancho California Road in front
of the Town Center, while lengthening the left turn lanes at Ynez Road, Town Center Drive, and Via
Los Colinas to improve traffic circulation. In addition, a dedicated right turn lane will be added on the
eastbound direction on Rancho California Road at Ynez Road. Project is complete. Notice of
Completion is to be filed this month.
3. Old Town Community Theatre
This project will construct a 20,000 square foot community theater complex and refurbishes the
existing Mercantile Building. The acquisition of 4th Street right of way is complete. All
environmental permits have been obtained. Construction started on 3-3-04 and the allowable
working days (14 months + 16 days) extends to 5-05-05. Work is progressing on the erection of
roofing, framing and utility rough ins for the structures.
4. Pechanga Parkway Storm Drain Improvements - Phase II
This project will construct the storm drain triple box culvert and the channel improvements north of
Loma Linda. As part of this stage the entire Pechanga Parkway, Phase II project will be
environmentally cleared in accordance with the California Environmental Quality Act (CEQA).
Muirfield Drive is temporarily closed to residents. Detour signs have been installed to direct the
residents around the construction zone. The contractor is working on completing the concrete box
by pouring the last remaining section.
5. Pechanga Parkway Phase liB Storm Drain Improvements (Wolf Valley Creek Channel -
Stage 2)
The project includes construction of a grass-lined channel/box culverts from Loma Linda The
box culvert at Wolf Valley Road is currently under construction. A traffic detour on the south of
Wolf Valley Road has been completed and pedestrians/school children have a separate
sidewalk through the construction zone. Completion date for the project is late April.
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6. Diaz Road Realignment Phase I, Traffic Signals
Under this project, two traffic signals will be installed, one on Diaz Road at Rancho Way and the
other one on Rancho California Road at Business Park DriveNincent Moraga. Also, a northbound
lane will be added on Diaz Road from Rancho Way to Via Montezuma (Low Flow Crossing).
Contractor has completed all work on this project
7. Vail Ranch Park (Near Pauba Valley School) - Add Amenities
This project will add amenities, including play equipment, to the recently annexed Vail Ranch Park.
Work on this project is complete. The final walkthrough was on 01/19/05 and the gO-day
maintenance period is underway.
8. Old Town Southern Gateway Landscaping
Under this project, the southern entrance to Old Town will be beautified with landscaping and
irrigation, split-rail fencing, lighted walks, and seating areas. Construction began Feb. 7. Grading,
utility location, street crossings, and concrete curbs have been completed.
9. Jefferson Avenue Pavement Rehabilitation. Phase II
This project will rehabilitate Jefferson Avenue from south of Overland Drive to Rancho California
Road. The design includes a complete reconstruction of the road within the project limits. In
addition, problematic driveways will be reconstructed. Pavement rehab work on Diaz Rd is part of
this project via Construction Change Order (CCO) NO.1 (per City Council meeting dated 6/22104).
Construction started on 07106/04. The TCP was approved on 9/30/2004; night work began Sunday,
10/10. Contractor re-started work as of 11/29 and was able to get the road "suitable"fora parade on
12/10. Phase 1 is relatively complete. City & Griffith are to meet on 2/16/05 to resolve 2 claim
issues, excavation & unsuitable material. Upon claim resolution, Griffith can proceed wlPh 2 & 3.
Project completion date is dependent on when they start Ph 2 & 3. Liquidated damages are approx.
$90,000 to date.
10. Pechanga Parkway Landscape Improvements
America West Landscape has completed the installation of the irrigation lines and is awaiting the
installation of the electric service by SCE before they place the plants so that they will have an
operational irrigation controller to make sure the new plants are watered properly. The rain storms
during December and January have also caused further construction delays.
11. Traffic Signal Installation - Citywide
Under this project, traffic signals will be installed on Meadows Parkway at La Serena and at Rancho
Vista. Staff met with representatives of Temecula Valley Unified School District on November 20,
2003, to obtain their input on the installation of the traffic signal at the intersection of Meadows
Parkway and La Serena. Bids were opened on July 13th. The lowest bidder was DBX, Inc. with a
bid amount of $329,040.00. DBX, Inc. has completed the installation of all traffic signal components
and is awaiting the installation of the electric service by SCE. It is anticipated that the signals will be
turned on at the end of February.
12. Veteran's Memorial
This project will construct a Veteran's Memorial next to the Duck Pond. Project is complete. Staff is
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working on the final accounting of this project. The project will be presented to the City Council for
acceptance at the February 22, 2005 meeting.
13. Fire Station - Northeast Site (Roripaugh Ranch)
This project will construct a new fire station in the north part of the City. The timing of the station will
be impacted by the developer's ability to provide finished street grades, final site utilities, and finish
all site grading. The project was awarded on 10-26-04 (200 Working Days). Work is estimated to
start in late February 2005 as the recent rains have hindered the developers site grading and access
issues. Anticipated completion is December 15, 2005.
14. Winchester Road Widening Between Enterprise Circle and Jefferson
This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also
add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise
Circle. Construction began on 12/6/04. Utility conflicts were resolved as of 1/19/05, Construction is
fully underway as of 1/20/05. Effective 2/15/05, all wall footings with the exception of the southwest
corner of Winchester/Jefferson are in place. Retaining and monument wall block work is
approximately 25% complete. Stage 1 construction is to be completed the week of March 7. Stage
2 will be completed the week of March 21. The job is scheduled for completion on March 31,2005.
15. Temecula Sports Complex
A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow
Way. Bids were opened on September 16, 2004. The contract was awarded to Douglas E.
Barnhart, Inc. at the September 28, 2004 Council meeting. The contract award amount is
$13,365,055.51. Barnhart has completed approximately 75% of the rough grading. The January
and February rains have extended the completion date to 2/06. The Synthetic turf bid documents
have been placed on the City Council Agenda for February 22,2005 and will go to bid after Council
approval.
PROJECTS BEING ADVERTISED FOR BIDS
1. Vail Ranch Middle School Basketball Court Lighting
This project will add lights to the basketball courts at Vail Ranch Middle School. This project is going
to bid again after an unsuccessful bid opening last fall. The bid opening is scheduled for February
24,2005. The construction schedule is limited to the summer break so that the work may take place
while school is out of session.
2. Pechanga Parkway - Muirfield Drive Traffic Signal
Under this project, a traffic signal will be installed on Pechanga Parkway at Muirfield Drive. Traffic
signal poles have been delivered to the City. The project was just advertised for construction bids.
Bid opening is scheduled for March 7th.
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PROJECTS IN DESIGN
1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road)
This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the
Pechanga Parkway Bridge to Pechanga road. The City is working with Caltrans' Local Assistance
and City's Environmental Consultant to re-classify the Preliminary Environmental Document
Classification (NEPA) of the project to Categorical Exclusion with required technical studies
(involving Federal action). The City met with the consultant to review the remaining plan check
comments. 100% plans should be submitted to the City within a couple of weeks. he Planning
Department completed Addendum NO.3 to the Wolf Creek EIR and the Notice of Determination
(NOD) for the project. The Addendum and NOD were needed to satisfy all CEQA requirements for
the project. U.S. Army Corps of Engineers (USACE) issued the individual permit for the lower
section of the channel.
This project was divided into two stages. The first stage is to construct the storm drain triple box
culvert and the channel improvements north of Loma Linda. The second stage will construct the
remaining street improvements and drainage structures. Construction of this stage will start once the
first stage is completed.
2. Temecula Library
A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba
Road, just west of Fire Station #84. This project will provide the community with library resources
and services. A separate parcel has been created for the library for bond purposes. The City was
approved for funding by the State on October 28,2003. The City Council granted permission for this
project to go to bid; the documents are currently being signed and reviewed by Public Works and the
City Attorney's Office. The project will be advertised for bids the week of February 24th.There will be
a six week bid duration to allow the qualified contractors ample time to prepare their bids.
Construction will get under way in late April or early May 2005.
3. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road)
This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate
width. The City has reviewed the 100% Design Plans submitted by the consultant. Specifications
are under review. Plans were sent to all utilities and utility issues are being addressed. Work is
being coordinated with the library project, which resumed since State funds have been secured. A
new RCWD water line is under design to service the library project. It will tie into an existing line that
ends just west of Margarita Road. TCSD has requested the water line be extended pastthe Library.
This extension was added to the second submittal, which was received on October 4, 2004. The
fourth submittal was just received and is currently under review.
4. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road
This project will entail alignment studies and the design of an extension of Overland Drive, westerly
to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening
of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland
Drive across Murrieta Creek to Diaz Road. Coordination with RCFC & WCD and the Corp of
Engineers is required. Staff has reviewed the 30% design plans and plan check comments were
returned to the consultant for revisions and re-submittal to the City.
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5. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road
over Empire Creek
This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga
Creek and the Del Rio Road Bridge over Empire Creek. Project plans and specs are 100% complete
and are ready to bid. Caltrans Local Assistance group was provided with copy of submittals for the
third time. We finally got confirmation that it was sent to Caltrans HQ for Authorization to Construct.
Construction Authorization was received and specifications are being updated so that the project
can go out to bid. Engineer's Estimates are being reviewed and updated due to lengthy Caltrans
review time.
6. Fire Station - Wolf Creek Site
A fire station will be built at the Wolf Creek Site. Administrative Development Plan Application
submitted to City Planning Department on 2/4/05; additional data needed from applicant. Additional
data received from consultant architect, STK, on 2/9/05, planning application process is ongoing.
7. Murrieta Creek Multi Purpose Trail
This project will build portions of the equestrian and bike trails along Murrieta Creek within City
limits. The City has received a federal grant of $1,214,000. Caltrans has given the City the
"Authorization to Proceed with Preliminary Engineering." We are working with US Army Corps of
Engineers (USACOE) and Riverside County Flood Control to coordinate the trail design with the
Murrieta Creek Improvement project. The City received comments from Caltrans on the Preliminary
Environmental Study (PES) on April 22, 2004. The Natural Environmental Study (Minimal Impacts)
(NES (MI)) was submitted to Caltrans on April 7, 2004, no comments have been received to date.
The PES response to comments was completed and resubmitted to Caltrans on September 23,
2004. The City received comments from Caltrans on January 7, 2005 for the PES, NES (MI) and the
ISA. These comments were addressed and revised documents were submitted to Caltrans on Feb.
7,2005.
8. State Route 79 South Medians
Under this project medians will be constructed on State Route 79 South within the City of T emecula
limits. PDC is making the 1st plan check (30%) corrections.
9. Guardrail Installation and Replacement On Rainbow Canyon Road
In this project, old guardrails will be replaced and new guardrails will be installed in needed locations
on Rainbow Canyon Road within the City of Temecula. PS&E is 100% complete. NEPA & CEQA
compliance has been met. Final package for PS&E certification and Request for Authorization (to
construct) is to be submitted to Caltrans in late February.
10. Rancho California Road Widening, Old Town Front Street to 1-15 (Souths ide)
This project will provide a right turn lane for southbound 1-15 motorists and explore the possibility of
providing a dual left turn lane from westbound RCR to southbound Front Street. Alternatives study
is complete and the City has chosen alternative nO.1. (widen the south side of the entire length
between Old Town Front and 1-15). An MND (CEQA) was completed and a Notice of Determination
was sent to the County on 10/11/04. Right of Entries to perform a geologic investigation on the
roadway embankment (two properties) were sent out to the owner tax attorneys - responses to
multiple inquiries how been very slow.
5 R:\MonthlyActivityReport\CIP\2005\January.
February .doc
11. Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. The freeboard issue
that was a potential stumbling block has been resolved, and the bridge profile will remain
unchanged. The design process is ongoing; consultant is working toward 70% design. The last
design progress meeting was held on 2/15/05. The updated project schedule has 70% design plans
submitted to the City by 04/05.
12. City Maintenance Facility and Corporate Yard
Under this project, an expansion of the maintenance facility will be built on the property adjacent to
City Hall. The consultant is progressing with the schematic design with the next submittal scheduled
for mid February. Planning and Business Park Association (BPA) have given approval to conceptual
site plan. Coordinating existing and needed utility services is on-going.
13. Diaz Road Realignment
Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road.
Business Park Drive will be aT-intersection at Diaz. 95% project design plans have been sent to the
utility companies and 95% PS&E has been sent to in-house reviewers. Right of Way acquisition
process is ongoing.
14. Bus Bench Upgrades
Under this project, bus benches and shade structures will be installed and existing ones will be
upgraded at various locations. Project research on locations of current bus stops, existing bus
bench/shade structures, bus bench/shade structure costs and RTA routes is complete. Bus
bench/shade structure design and location options were reviewed and a report with
recommendations was prepared. The design and locations were approved. Staff is in the final
stages of preparing the construction bid documents including ADA and permitting requirements.
15. Localized Storm Drain Improvements
This project will fix the drainage problem at the south end of Front Street (at the MWD easement).
Baseline right of way and utilities are established. Staff is preparing a conceptual design for
presentation to MWD (since it will be on top of their waterline).
16. Traffic Signal at SR79 South and Country Glen Way
Under this project, a traffic signal will be installed on State Route 79 South at Country Glen Way.
Now that City is in control of SR-79 south, project is being re-drafted and redesigned to City
standards and will be bid as a City project.
17. Long Canyon Detention Basin - Access Road
This project will construct an access road to the Long Canyon Detention Basin being maintained.
Plans and specifications are 90% completed and it is anticipated that this project will go out to bid
this summer.
18. Pavement Rehabilitation Program - FY 2004/2005
This project continues the annual pavement rehabilitation program for City streets. Project scope
6 R:\MonthlyActivityReport\CIP\2005\January-
February .doc
focuses on Ynez Road, approximately between Rancho California Road and Solana Way. Baseline
mapping is complete. Existing right-of-way and utility facilities are being incorporated into the plans.
PROJECTS IN THE PLANNING STAGE
1. 1-15/ SR 79 South Interchange. Project Report (PR)
This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic.
This is the next step of project development after the completion of the Project Study Report. The
Design Cooperative Agreement has been executed with Caltrans. Request for approval of the
Professional Services Agreement with RBF Consulting is set for the Feb. 22 Council Meeting. If
approved, the kick-off meeting will be scheduled for late March 2005.
2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans
Specifications, and Estimate (PS&E) Preparation
This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215
split. The consultant submitted a screen check for the Project Report (PR), New Connection Report,
Fact Sheet, Flood Plain and Scour Analysis Report, and Traffic Operations Analysis to both FHW A
and Caltrans and M&N has received a few comments. The draft Project Report was submitted to
Caltrans at the end of December 2004. The PR is under review by the State. Comments are due
back at the end of February.
3. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City
Limits and Diaz Road Extension
This study will determine the alignment and location of the Murrieta Creek crossing between
Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz
Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside
County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met
with Riverside County Flood Control to discuss possible alignments. The consultant is currently
awaiting data from Riverside County Flood Control in order to complete the work on the first draft of
the alignment study. In order to proceed with the design of Diaz Road Extension for the proposed
college, the alignment study was restarted with the existing information. The consultant is preparing
a base map for the Diaz Road extension alignment.
PROJECTS THAT ARE SUSPENDED OR ON-HOLD
1. Santa Gertrudis Bridge Widening at 1-15
This is Phase II of the Southbound Auxiliary Lane project at the southbound exit ramp for
Winchester Road. This project will widen the 1-15 southbound exit-ramp at the Santa Gertrudis
Creek Bridge to provide an additional lane on the exit ramp just north of Winchester Road. Staff is
revisiting the merits of this project in light of the Project Study Report for French Valley Parkway
Interchange. The study shows that this bridge may have to be removed in the future to
accommodate the new Interchange. This project is suspended indefinitely.
7 R:\MonthlyActivityReport\CIP\2005\January-
February .doc
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MEMORANDUM
TO: Bill Hughes, Director of Public Works/City Engineer
FROM: G/q?Brad Buron, Maintenance Superintendent
DATE: February 1, 2005
SUBJECT:
Monthly Activity Report - January, 2005
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of January, 2005:
I. SIGNS
A. Total signs replaced 52
B. Total signs installed 7
C. Total signs repaired 31
II. TREES
A. Total trees trimmed for sight distance and street sweeping concerns 0
III. ASPHALT REPAIRS
A. Total square feet of A. C. repairs 3.758
B. Total Tons 29
IV. CATCH BASINS
A.
Total catch basins cleaned
152
V. RIGHT-OF-WAY WEED ABATEMENT
A.
Total square footage for right-of-way abatement
o
VI. GRAFFITI REMOVAL
A.
B.
Total locations
11
3.756
Total S.F.
VII. STENCILING
A. --=!!:.. New and repainted legends
B. .....:!!=- L.F. of new and repainted red curb and striping
Also, City Maintenance staff responded to --2L service order requests ranging from weed abatement, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to ~ service order requests
for the month of December. 2004.
The Maintenance Crew has also put in 364 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 January. 2005 was $165.947.90
compared to $14.350.00for the month of December. 2004.
Account No. 5402
Account No. 5401
Account No. 999-5402
$ 22,884.00
$140,763.90
$ 2,300.00
cc: Ron Parks, Deputy Director of Public Works
AIi Moghadam, Senior Engineer (Traffic)
Greg Butler, Senior Engineer (Capital Improvements)
Amer Attar, Senior Engineer (Capital Improvements)
Jerry Alegria, Senior Engineer (Land Development)
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STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of January, 2005
DATE DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNELlBRIDGE OF WORK SIZE
CONTRACTOR: AMERICAN CLASSIC SANITATION
Date: 01120105 MAIN STREET BRIDGE TEMPORARY FENCING AROUND BRIDGE TO
DENY ACCESS TO CHANNEL
# 5401 TOTAL COST $ 245.00
CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT
Date: 01105 CITYWIDE EMERGENCY WORK REMOVAL OF FALLEN TREES INTO CITY
STREETS AND ROW'S
# 5402 TOTAL COST $ 5,025.00
CONTRACTOR: MONTELEONE EXCAVATING
Date: 01/07105 SERVICE LEVEL 'R' AREAS GRADING OF ROADS IN SERVICE LEVEL 'R'
AREAS
# 999-5402
TOTAL COST $ 1,150.00
Date: 01107/05 SANTIAGO DESILTING PONDS REMOVAL OF SILT & DEBRIS FROM PONDS AND
REBUILD PONDS
# 5401
TOTAL COST $ 8,698.00
Date: 01107/05 VALLEJO CHANNEL REMOVAL OF SILT FROM CHANNEL DUE TO
HEAVY RAINS
# 5401
TOTAL COST $ 6,364.00
Date: 01/19/05 VALLEJO CHANNEL REMOVAL OF SILT FROM CHANNEL DUE TO
HEAVY RAINS
# 5401
TOTAL COST $ 8,736.00
Date: 01121105 SERVICE LEVEL "R' AREAS GRADING OF ROADS IN SERVICE LEVEL "R'
AREAS
# 999-5402
TOTAL COST $ 1,150.00
Date: 01/19/05 LOW FLOW CROSSING REMOVAL OF SILT & DEBRIS FROM LOW FLOW
CROSSING
# 5401
TOTAL COST $ 488.00
Date: 01119/05 DE PORTOLA ROAD BETWEEN REMOV AL OF SILT & DEBRIS FROM STREETS
JEDEDIAH SMITH & PIO PICO DUE TO RUN-OFF ON PRIVATE PROPERTY
# 5402
TOTAL COST $ 2,064.00
R:\MAIl'ITAIN\MOACfRPT\2005-;ZOO5
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of January, 2005
DATE DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNELIBRIDGE OF WORK SIZE
CONTRACTOR: MONTELEONE EXCAVATING (continued)
Date: 01/24/05 VIA LOBO CHANNEL REMOVAL OF SILT & DEBRIS FROM CHANNEL
#5401
TOTAL COST $ 27,640.00
Date: 01119105 TEMECULA CREEK EMERGENCY DOZER WORK TO REDIRECT FLOW
A WAY FROM RETAINING WALL
# 5401
TOTAL COST $ 24,114.50
Date: 01/24105 SANTIAGO DESILTING PONDS REMOVAL OF SILT FROM PONDS AND RECON-
STRUCTION OF PONDS
# 5401
TOTAL COST $ 10,516.00
CONTRACTOR: BECKER ENGINEERING
Date: 01/15/05 JOHN WARNER RETENTION POND REMOVAL OF SILT & DEBRIS FROM POND
#5401
TOTAL COST $ 3,910.20
Date: 01/05105 JOHN WARNER RETENTION POND REMOVAL OF SILT & DEBRIS FROM POND
# 5401
TOTAL COST $ 4,245.55
Date: 01/20/05 RAINBOW CANYON ROAD PLACE RIP-RAP & SLURRY AT 3 DOWN SPOUT
3 LOCATIONS LOCATIONS UNDERMINED BY HEA VY RAINS
# 5401
TOTAL COST $ 12,084.35
Date: 01/21/05 CALLE G1RASOL AT RIVERTON REPAIRS TO CHANNEL;
PLACE RIP-RAP AND SLURRY
# 5401
TOTAL COST $ 6,791.55
Date: 01/05/05 DE PORTOLA ROAD AND A VENIDA REPLACED DAMAGED GUARD RAILS AT TWO
ALVARADO LOCATIONS
# 5402
TOTAL COST $ 15,795.00
Date: 01/06/05 DEL RIO ROAD ATLAS HACIENDAS REPAIRS TO OVER-THE-SIDE DRAIN. PLACE
ROAD RIP-RAP & SLURRY
#5401
TOTAL COST $ 5,185.00
Date: 01/19/05 LA PAZ AT HWY. 79 SO. CONSTRUCT TWO ON-SITE DE-SILTING PONDS
PARK & RIDE LOT & REINFORCE EROSION CONTROL
# 5401
TOTAL COST $ 8,312.31
,
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of January, 2005
DATE DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNELlBRIDGE OF WORK SIZE
CONTRACTOR: BECKER ENGINEERING (continued)
Date: 01/19/05 DE PORTOLA ROAD 300' W/O REPAIRS TO INLET & OUTLET SIDE OF CHANNEL
MARGARITA PLACE RIP-RAP & SLURRY
# 5401 TOTAL COST $
8,425.40
Date: 01/18/05 DEL RIO ROAD 150' S/O VIA REMOVE & REPLACE DAMAGED 24" CMP DUE
MONTEZUMA TO HEAVY RAINS
# 5401
TOTAL COST $ 5,008.04
Date:
#
TOTAL COST
Date:
#
TOTAL COST
Date:
#
TOTAL COST
Dale:
#
TOTAL COST
Date:
#
TOTAL COST
Date:
#
TOTAL COST
TOTAL COST ACCOUNT #5401 $140,763.90
TOTAL COST ACCOUNT #5402 $ 22,884.00
TOTAL COST ACCOUNT #99-5402 $ 2,300.00
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF JANUARY, 2005
DATE LOCATION SCOPE OF WORK S.F. TOTAL
TONS
01103/05 CITYWIDE "RAIN" FILL POTHOLES 36 TEMP A.C.
01/04/05 DIAZ ROAD FILL POTHOLES 80 TEMP A.c.
01/05/05 CITYWIDE "RAIN FILL POTHOLES 70 TEMP A.C.
01/10/05 CITYWIDE "RAIN FILL POTHOLES 162 TEMP A.C.
01/11/05 CITYWIDE "RAIN FILL POTHOLES 192 TEMP A.C.
01/12/05 CITYWIDE "RAIN FILL POTHOLES 211 TEMP A.C.
01/13/05 PESDADO R&R A.C. 260 5
01/13/05 CITYWIDE "RAIN" FILL POTHOLES 155 TEMP A.C.
01/18/05 CITYWIDE "RAIN" FILL POTHOLES 678 2
01/19/05 CITYWIDE "RAIN" RILL POTHOLES 296 2
01/19/05 RANCHO CALIFORNIA ROAD EAST OF HOPE WAY A.C. OVERLAY 658 3
01/25/05 COSMIC DRIVE R & R A.C. 276 5.5
01/26/05 CITYWIDE FILL POTHOLES 66 TEMP A.c.
01/26/05 RIO NEDO FILL POTHOLES 60 TEMP A.c.
01/27/05 RANCHO CALIFORNIA ROAD, VIA DOS PICOS, DIAZ POTHOLES & OVERLAYS 431 2.5
01/31/05 CITYWIDE POTHOLE REPAIR 127 4
TOTAL S.F. OF REPAIRS 3.758
TOTAL TONS 29
R:\MAlNTAINIWKCMPLTD\ASPHALT.RPR\04.0S\JANUAR Y
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF JANUARY, 2005
DATE LOCATION WORK COMPLETED
01103/05 CITYWIDE "RAIN" CLEANED & CHECKED 39 CATCH BASINS
01/04105 CITYWIDE "RAIN" CLEANED & CHECKED 14 CATCH BASINS
01105105 CITYWIDE "RAIN" CLEANED & CHECKED 17 CATCH BASINS
01110/05 CITYWIDE "RAIN" CLEANED & CHECKED 10 CATCH BASINS
01111/05 CITYWIDE "RAIN" CLEANED & CHECKED 4 CATCH BASINS
01112/05 CITYWIDE "RAIN" CLEANED & CHECKED 16 CATCH BASINS
01124/05 CITYWIDE "RAIN" CLEANED & CHECKED 35 CATCH BASINS
01125/05 BACCARAT & CHEMIN COULET CLEANED & CHECKED 8 CATCH BASINS
01126/05 YNEZ ROAD CLEANED & CHECKED 9 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED 152
R:\MAINTAIN\WKCMPLETD\CATCHBAS\04.05I.1ANUARY
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF JANUARY, 2005
DATE LOCATION WORK COMPLETED
01/06/05 COUNTRY GLEN AT VIA RIO TEMECULA REMOVED 12 S.P. OF GRAFFITI
01/11/05 31320 VIA EDUARDO REMOVED 4 S.F. OF GRAFFITI
01/12/05 TARGET CENTER REMOVED 51 S.F. OF GRAFFITI
01/13/05 PECHANGA BRIDGE REMOVED 126 S.F. OF GRAFFITI
01118/05 TARGET CENTER REMOVED 43 S.P. OF GRAFFITI
01/18/05 BUTTERFIELD STAGE ROAD AT HWY. 79 SO. REMOVED 5 S.F. OF GRAFFITI
01/18/05 RAINBOW CANYON BRIDGE REMOVED 2,600 S.F. OF GRAFFITI
01/21/05 1-15 AT HWY 79 SO. REMOVED 140 S.P. OF GRAFFITI
01/24/05 1-15 AT 3RD STREET REMOVED 260 S.P. OF GRAFFITI
01/24/05 ON 1-15 BETWEEN RANCHO CALIFORNIA & HWY 79 SO. REMOVED 425 S.F. OF GRAFFITI
01/24/05 PUJOL AT 6TH STREET REMOVED 90 S.F. OF GRAFFITI
TOTAL S.F. GRAFFITI REMOVED 3.756
TOTAL LOCATIONS 11
R;\MAINT AIN\WKCMPLTD\GRAFFITI\04.05\DECEMBER
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF JANUARY, 2005
DATE LOCATION WORK COMPLETED
01103/05 MARGARITA S/O RANCHO CALIFORNIA ROAD REPLACED W-41
o 1/03/05 AMARITA WAY AT VIA RAMI REPLACED W-17
01104105 BUTTERFIELD STAGE N/O DE PORTOLA REPLACED W-41
01/04/05 CITYWIDE REPAIRED 9 SIGNS
01/05/05 YNEZ AT PROMENADE MALL REPLACED R-7
01/06/05 NICHOLAS AT WINCHESTER INSTALLED R-34, "N' MARKER
01113/05 ROYAL BIRKDALE AT SOMERCREST HILLS REPLACED R-7. "K" MARKER
01119/05 DE PORTOLA E10 BUTTERFIELD STAGE ROAD REPLACED 3 "N" MARKERS W-31
01/19/05 CITYWIDE REPAIRED 10 SIGNS
01120/05 CINON AT LEVI INSTALLED R-I
01120/05 CITYWIDE REPAIRED 12 SIGNS
01124/05 MAIN STREET BRIDGE INSTALLED 4 "NO TRESPASSING"
01124105 JEFFERSON AT HUNGRY HUNTER REPLACED R-7. "K" MARKER
01/25/05 RANCHO CALIFORNIA ROAD@ BUTTERFIELD STAGE ROAD REPLACED DELINEATOR
01/25/05 40435 MARGARITA REPLACED DELINEATOR R2-26
01/25/05 MARGARITA AT PAUBA REPLACED DELINEATOR
01125/05 BUTTERFIELD STAGE ROAD AT HWY. 79 SO. REPLACED 4 DELINEATORS
01/27/05 CITYWIDE S.N.S. REPLACEMENT PROGRAM REPLACED 14S.N.S.
01132/05 CALLE PINA COLADA AT BRAVOS REPLACED R-2-25
01/31/05 CITYWIDE S.N.S. REPLACEMENTS REPLACED 18 S.N.S.
TOTAL SIGNS REPLACED 52
TOTAL SIGNS INSTALLED ---2
I TOTAL SIGNS REPAIRED 31
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF JANUARY, 2005
DATE DATE WORK
REC'D LOCATION REQUEST COMPLETED
01/03/05 RITA AT NICHOLAS CHANNEL FLOODED 01/03105
01103/05 DIAZ AT WINCHESTER FLOODED 01/03/05
01/03/05 DE PORTOLA AT VIA DEL SUR FLOODED 01/03/05
01/03/05 MARGARITA S/O RANCHO CALIFORNIA ROAD SIGN DOWN 01/03/05
01/03105 41615 WINCHESTER TREE DOWN 01/03105
01/03105 40478 CALLE KATERINE DEBRIS REMOVAL 01/03/05
01/03105 43164 CORTE CALANDA SINKHOLE 01/03/05
01/03105 NICHOLAS AT CALLE GIRASOL ROAD CLOSURE 01103/05
01/03/05 30510 BOGART PLACE CRACK IN STREET 01/03/05
01/03/05 45276 SILVERADO TREE DOWN 01/03/05
01/03/05 29830 YNEZ ROAD TOO MUCH WATER 01/03105
01/04105 43945 NORTHGA TE AVENUE MUD IN STREET 01/04105
01/04105 30960 CALLE PII\1A COLADA POTHOLE 01/04105
01/05105 39445 PALA VISTA ROAD GRADING 01/05/05
01/05/05 44583 PASCUAL CIRCLE CRACK IN ROAD 01/05/05
OlIOS/OS 32365 CORTE LAS CURCES TREE DOWN 01/05/05
01/05/05 RANCHO CALIFORNIA ROAD AT YNEZ DEBRIS PICK-UP 01/05/05
01/05/05 41977 VARDON TREE DOWN OlIOS/OS
01/05/05 44501 RAINBOW CANYON ROAD R-2 40 DOWN 01/05/05
01/06105 41960 GREEN TREE ROAD CONES FOR MUD PUDDLES 01106105
01/06/05 LIEFER ROAD ROAD GRADING 01/06/05
o 1/06/05 RANCHO CALIFORNIA ROAD AT MORAGA ROAD POTHOLES 01/06/05
01/07/05 BOLANDRA COURT SNS MISSING 01/07/05
01/07/05 LAS HACIENDAS STREET SINKHOLE 01/07105
01/07/05 VIA DOS PICOS POTHOLES 01/07/05
,
R:\MAINTAIN\WRKCOMPLTD\SORS\04.05\JANUARY
DATE DATE WORK
REC'D LOCATION REQUEST COMPLETED
01/07/05 43440 TYLMAN STREET DEBRIS REMOVAL 01107/05
01/07/05 30695 LOLITA ROAD DEBRIS REMOVAL 01/07/05
01/10/05 29110 VALLEJO DEBRIS REMOVAL 01/10/05
01/10/05 30798 CANTERFIELD FLOODING 01/10/05
01/10/05 RANCHO CALIFORNIA ROAD POTHOLES 01/10/05
01/10/05 EIB RANCHO CALIFORNIA ROAD POTHOLES 01/10/05
01/10/05 30160 DE PORTOLA ROAD CURB MISSING 01/10/05
01/10/05 PALA VISTA ROAD FLOODING 01/10/05
01/10/05 PREECE LANE TREE DOWN 01/10/05
01/10/05 31380 SANTIAGO ROAD MUD SLIDE 01/10/05
01110/05 31380 PESCADO DRIVE A.c. REPAIR 01110/05
01110/05 45639 CAMINO OLITE POTHOLE 01/10/05
01/10/05 39340 LIEFER ROAD ROAD GRADING 01110/05
01/10/05 RANCHO CALIFORNIA ROAD AT YNEZ POTHOLES 01/10/05
01/10/05 CAMINO CAMPOS VERDES TREE DOWN 01110/05
01110/05 MARGARITA AT MORAGA DRAIN BLOCKED 01110/05
01/10/05 RIVERTON AT CALLE GIRASOL E.P. ERODING 01/10105
01110/05 45364 SILVERADO LAND TREE DOWN 01/10105
01110/05 30740 SKY TERRACE DRIVE TREE DOWN 01110/05
01/11105 31016 OAK HILL DRIVE TREE DOWN 01111/05
01/11/05 LIEFER ROAD ROAD GRADING 01111/05
o l/lll05 JEDEDIAH SMITH AT HWY 79 SO. SIGNS LEFT OUT 01111/05
01/11105 29110 VALLEJO FLOODING 01/11/05
01111/05 LA SERENA AT MARGARITA TREE LEANING 01111105
01/11/05 28721 FRONT STREET TREE LEANING 01111105
01/11105 RANCHO CALIFORNIA ROAD AT BUSINESS PARK DRIVE TREE DOWN 01111105
01111/05 42741 LAS VIOLETfAS TREE DOWN 01111105
01111105 PAUBA ROAD TREE DOWN 01111/05
01111/05 CALLE RIO VISTA TREE DOWN 01/11105
R:\MAINT A1N\WRKCOMPLTD\SORS\04.05\JANUARY
DATE DATE WORK
REC'D LOCATION REQUEST COMPLETED
01 /11/05 43930 FLORES DRIVE FLODDlNG 01/11/05
01/11105 30822 CANTERFIELD ERODING 01/11/05
01/12/05 30620 JEDEDlAH SMITH PIPE EXPOSED 01/12105
01/12/05 31063 CORTE ALAMAR STUMP REMOVAL 01/12/05
01/12105 30581 IRON BARK COURT DEBRIS REMOVAL 01/12/05
01/12/05 CAMINO CASANA SNS MISSING 01/12/05
01/12/05 31040 A VENlDA BUENA SUERTE POTHOLE 01/12/05
01/12/05 31885 JEFFREY HEIGHTS ROAD E.P. ERODING 01/12105
01/12/05 31040 A VENlDA BUENA SUERTE POTHOLE 01/12/05
01/12/05 PALOMAR VILLAGE TREE DOWN 01/12/05
01/12/05 28750 VALLEJO CHANNEL CLEANING 01/12/05
01/12/05 31063 CORTE ALAMAR STUMP REMOVAL 01/12105
01/13105 31016 OAK HILL DRIVE TREE REMOVAL 01/13105
01/13/05 JOHN WARNER ROAD DEBRIS REMOVAL 01/13/05
01/13105 39560 LINNIT CIRCLE DEBRIS REMOVAL 01/13105
01/13105 30289 CORTE COELHO R.P.M. MISSING 01/13/05
01114/05 30255 ROGUE CIRCLE TREE LEANING 01/14105
01/14/05 41507 EAGLE POINT WAY DEAD TREE 01/14/05
01/14/05 45364 SIL VERADO LANE TREE CONCERN 01/14/05
01/14/05 40774 BACCARAT MUD IN STORM DRAIN 01/14/05
01/18/05 42095 PASEO BRILLANTE TREE DOWN 01118/05
01/18/05 31593 CORTE SALINAS TREE STAINING 01/18/05
01/18/05 31201 CORTE ALHAMBRA TREE LEANING 01/18/05
01/18105 31070 CHEMIN COUTET MUD IN STREET 01/18/05
01118/05 43154 VIA DOS PICOS TREE TRIMMING 01/18/05
01119/05 MARGARITA AT JEDEDlAH SMITH S.N.S. MISSING 01/19/05
01/19/05 43550 JOHN WARNER ROAD FENCE DOWN 01/19/05
01/20/05 29830 MIRA LaM ROOT PRUNE 01/20/05
01120/05 HWY. 79 SO. AT JEDEDlAH SMITH CULVERT CLEANING 01/20105
R,\MA1NT AIN\WRKf:OMPI.Tm.'\ORS\04.0'i\.lANIJARY
DATE DATE WORK
REC'D LOCATION REQUEST COMPLETED
01121/05 42231 COSMIC DRIVE STREET REPAIR 01/21/05
01121105 41884 BOREALIS STREET REPAIR 01l2l/05
01/2l/05 RANCHO VISTA AT CALLE SANTA ANA DEBRIS IN ROAD 01121/05
o l/2l/05 42113 ACACIA WAY POTHOLE 01/21/05
01/24/05 42126 SWEET SHADE ROOT PRUNING o l/24105
o l/24/05 41402 WILLOW RUN ROAD BROKEN BRANCHES Ot/24/05
01/25/05 30116 SANTA CECILIA STREET REPAIR o l/25/05
01/25/05 31715 PASEO GOLETA TREE TRIMMING o l/25/05
01/25/05 31257 CORTE ALHAMBRA ROOT PRUNING 01/25/05
o l/26/05 CAMINO CASANA AT CORTE PALACIO SNS MISSING 01/26105
0l/27/05 31105 CALLE ARAGON SNS REPAIR 0l/27/05
o l/28105 31596 CORTE ROSARIO SAND ON STREET o l/28/05
01/3l/05 MARGARITA AT DE PORTOLA ROAD OIL SPILL 01/3l/05
o l/3l/05 LOMA LINDA AT PECHANGA P ARKW A Y POTHOLE 01/31/05
01/31105 CALLE PINA COLADA AT BRAVOS R2-25 KNOCK DOWN 01/31/05
TOTAL SERVICE ORDER REQUESTS 98
O,\UAINTAIN\\lIl1k'r(UAPI Tnl<:flP<:\{H (\~\IAl\llIAPV