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HomeMy WebLinkAbout022205 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE 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 R:\Agenda\022205 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. R:\Agenda\022205 2 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. R:\Agenda\022205 3 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: R:\Agenda\022205 4 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: R:\Agenda\022205 5 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 *********** R:\Agenda\022205 6 *************************************************************************************************************** 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 R:\Agenda\022205 7 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. R:\Agenda\022205 8 ***************************************************************************************************************** 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 R:\Agenda\022205 9 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. R:\Agenda\022205 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. R:\Agenda\022205 11 PROCLAMATIONS AND PRESENTATIONS ~: ~------ ---- ~JL ~ <!) ::: ...s:: ...... ~ ~ "C ::: ~ ,S ro 0 - ...... .- u ro E ::: - ~ :l :l u 0 <!) ~ u S 0 <!) ~ .- r- u ""'" J~ <!) 0 ...s:: 0 ...... 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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 R:\Minutes\012505 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 ,~- ;TkA1&;.CU~ " ^ L. L !;,..y 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 ~- Tl;.t14kCULA "^LL/;.Y 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 ~- T~~ULA y'^LL~Y 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 - ]0- o o o o o o o o o o o o o o o o o o o o o o o o o o 0 0 0 0 0 0 0 0 CO 0 CO "': 0 CO V CO CO OC> 0 CO 0 cO 0 0 0 0 "! ci ci ci ci I'- ..t r-: CO r-: C') CO C') 0 I'- ~ ~ I'- Ol CO 0 I'- N N l() v, C') l() 0 l() N N V l() V. I'- Ol ~ N ~ ~ lli rt5 CO ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C') ~ ~ ~ ~ ~ ~ ~ ~ c == 0 0 0 Ol 0 Ol 0 l() Ol 0 0 0 0 0 l() '0 oi 0 0 ~ N 0 I'- Ol CO Ol 0 Ol .lIl: 0 C') r-: C"i C') oi C"i v 0 r-: cO ci ci N I'll V_ N cO C') 0 C') 0 C') 0 I'- ~ ~ ~ ~ ~ ~ ~ ~ I'- ~ N CIl ~ ~ tI} ~ tI} ~ ~ ~ ~ ~ ~ C'"i "0 ... ~ ~ ~ m " .;; I!! CIl C 0 ~ 0 C "0 ~ I'll '" C I!! .c CIl ~~ " - 'iij C I'- I'- I'- I'- I'- I'- I'- I'- I'- I'- 0 I'- E 'n; I'- I'- I'- I'- I'- I'- I'- I'- I'- I'- cO/l I'- 1! 0 0 0 0 0 0 0 0 0 0 0 0.0 0 ~ :!: 0 0 0 ~ 0 0 0 0 0 ~ ~~ 0 '5. ON 0 " ~~ '" ~ "3 " CIl ~ E '0. .1! " 0 1l U 0 .~ I'll iij .l.'l 0 ~ 0 iij .l.'l 0 ~ ~ .l.'l ~ 0 ~ 0 iij 0 .l.'l .l.'l 0 51 :; ;!:: 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 1! 0 '61 ".: '61 0 '61 0 '61 0 '61 0 '61 0 '61 0 0 0, '61 0 '61 0 '61 0 " Cl I'- e I'- cO l() 1'-, ~ Cl Cl ".: 0 0 0 0 CO 0 0 0 0 N' 0 0 0 I'- 0 ~ 0 0 ".: 0 I'- ~ CIl ~ ~ ~ ~ ~ ~ ~ ~ ~ l() ~ E E .l.'l ~ CIl " 0 .c ?- m 0 c w u. Cl :r .., ~ ...J :E l- ii: 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 <'0 ::A ....~ .. "'. ~o~ ~....~~. l:j~. ~"'>. ~- .' ~~ '..~ .,. /... ?'.,,"( . \'-~~ . . ~.."" ..' .. :\ "."; , ..Il ~~~ . ?').~1- . .'~~:. .' . 'i' ." : ,:..", ~l ,,6'" .. .". 4P . . .':,~~:l~' . .,>'l~"....;,q r;,," .- :g l '15 ~ is ~~ ~~ .... '. ;:ss:! I 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 't' ( -) ( ) 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 a gmts\ldagmts\failhper .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 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 2 , '. ~ . , , \ ) ( ) 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 agmts\ldagmts\faithper .bon , 19-2i,. . [SEAL] P~LLC By: .~~, ~ . Robert R. Chamber~anaqer ;7 (Name) (Title) By: (Name) (Title) f';".. ,.'.' .........-.. 3 () '01 ~~ ~ AMEI<1 o -<1 ~ STAlE 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 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 ~~ /' 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 ~ . . - (' 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 . , -.4 , . .1 { .I (1 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) 3 , ~-) ( . '01: ~~ ~ AMER.l o '1 ~ H) ( . 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 . ( ) ( ) 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 '. () 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 ~. ( ) ( ) ." 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 ~ ( ) (') 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 , ( . . '. J ( ) . 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 , ~ () () .' 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 ~~ T '" ,.....,.. .............,.." T ,. ... ... 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 -, .' ." () 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 ~ (j '0'\ ,,~ ~ AMER.l o '1 4- ( ') ~ I LPff ~ frt~ ~\ --..:.: ~.......... } 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 - , .' '. 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 '. .. - ,. ( ') - ( ] 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 . ~ '. AME~l o '1 ~ (j · tLP( ... 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 ~ ~ " . , { ) 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 , .' .' .' ~.. ...:.....r-. , ( ) ..j I . ..-~~ 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 " (-) s't '\.~ 4. ( AME~l o ~ <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 "1 ~ ( ) 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 .' c) () 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 ~ I ~ , dPi , ~ I ..; ~ .,.: !~I III . 0 . ! x IIj x II x co . x ~~~I x il I, . x ~ . . 0 < ~ .1 ",~j I I z ~ j ,; i' "~~~. g II o =' . ~ ~ a '" >-g~ .~.. > > ~ ~:;::~ .1 c - ~ ir i'i u....... 9 8 I' x x ~ x . ~ < ;1 ~ , g , ~ u I, z o - ... e ... IIC o A. ell) -z ~e ollC ~... e UII. ..0 o ..... ~z ...1&1 "'::IE . ... IIC e A. W Q z o Q ;. Z zz~ o < <~ ! 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" C ID(/) L - 0 _ 0 . g! c' - - 6 " - u & " l " . 0 UOp.I.UI~I"I""I~I!\l........ .... ..."..,,,... ... _'.:.'....,0 -.::= ...,.,... ..- _",^~l\OC1'r.1'I";:;;::\l':::w..'"::""'1O ....,-..- . "'U'SO'1Ml lOOUtOnl 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 ~ . (II) Q . o Z I- o Q2 <(I- ~~ ::)0 01- . W I :!:ffi w:!: I-CI) LL.CI) Ow ~~ - <(. o D:: i Wi Z. D:: ~ Z ::c o .., ~@ Q.. ~@ i\i OlllBNlNMNHOr ~ @ ....:l ~ y y I- - ED - ::c >< W ~ <I> 8 o:S <I> ... B~ .S CIl as] fr'~ ~.~ "'::E lib .l:l.~ CIlU 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 $185,000.00. FISCAL IMPACT: The Bus Bench Upgrades is a Capital Improvement Program projectfunded through Federal Transportation Administration and Capital Project Reserves. Adequate funds are available in account 210-165-629-5804. ATTACHMENT: 1. Project Description r:\agdrpt\2002\0423\pw02..oS bidlAJP l:i ~ ~ o ~ ~ ~ E:: ~ ~ ~ l::l .... u ~ c ~ rLJ I'il ~ ~ =:I U z Itl rLJ ~ '" " ..c: o !i ,;.0 i1 :!l 0.0 E.g '" oS ~ 50 .Ei:3' 0; - - E:: - o " .- Q .. ~ 0; ;,; Q E-<;: -"" ... 'C <ll ... e ~ ~~ t- - , <'I o ~ ~ .,; S ',p oS o Q - i> U .s g .g. ::l ~ '" S ',p oS o ,Q '" ::l Q .~ > to '" !l '"il ~ '" ::l .0 .... Q S ',p ~g ~ '" '" S '" 0 - 0'" - ;j ~6b z .~ g~ QoS o <ll ~-g 1<:> XJ .S ..- ~! o 0 .~ " :g'~ ~J: :!l o .~ to '" !l ~ '" ;j tj <ll .- 1$ e <ll~ Ii~ .. <ll " "" <ll Q ~~ ~ .. " '" '1:: '" ;j '" !l ] '" '" !.' g ~g _0 00 " '" 0<'1 It .... '" Q U t: <ll .- Q .. .:.; f'\. =- ~ ~ <ll Q ~E-< <ll Q - E-<~ - "" ~ ~ Uu <ll '" .. .. ~ II ~.... 000 000 C'f'lOM M 00_"' <<l0.... <'1<'1 '" '" '" '" o ob o o .... 00 o . t- O <:> .... t- O -b <:> <:> .... '" o , 1Il o <:> .... 000 I/) 000 = ("I") 0 ("I') I MOO"": ~ M O~ g NN .... '" '" '" o 0 rI) ~ 0 0 _....r--- t--. ~~oO 00'" ~~ ... Q -<- '" '" '" <= o .~ .~ !> - :~ ~ ~ .g<=$3 -< 8 ~ <<It-O '" <<l 0 o 0\... 0 00'" _ 0'" '" '" '" _ <'I '" '" '" .... - - s ',p oS !> '" 's ~ ::::-< )-11 ~ o ;j g~ N] '" " "'~ - o 00 .g, .S J:] -~ $3_ .~ $3 go 0 UE-< 0; - '" o r.,; U'"Cl ~ ~ o(j~ o~ <ll <ll .. ... ::> .. - ::> ::> Q ~rLJ .~. "... .~:1jIJ~ ~~~i~~'~'~'~'- ~~;~':~-:~: ~- ~~. E::~';;{~~~:~~:~' ;~~l E"'" . ,. "1*_4....... I~t.:-l"... .r,' !~~y,-; [.,./.,,,7;, ~:~~r' . ,"~ /~,;,t, - --d 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 ~ ~ ~ ~ I on .- I~~ ~ 0 r:I.l ~ .... ~ f!!,~s1 ~ !:J ~ r:I.l ..... III . ... ,.!, ~ ~ U C "-l ;,; t; ~ .~ ~ Eo< ... u .. Z~. ~ Q' .. ,.. en, HVlCElC3l' 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. 2 R:\CIPIProiectsIPW04-08\RBF\RBF Aareement 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. 3 R:\CIP\Proiects\PW04-D8\RBF\RBF Aareemp.nt (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. 4 R:\CIP\ProiectsIPW04-08\RBF\RBF Aareement (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. 5 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. 6 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. 7 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) 8 R:\CIPIProiectsIPW04-08\RBF\RBF Aareement EXHIBIT A TASKS TO BE PERFORMED PLANNING AND ENGINEERING SERVICES 1-15/SR 79S ULTIMATE INTERCHANGE PROJECT NO. PW04-08 9 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. 6 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 14 . 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 H:\pdata\ 101 03779\Project Overview.doc 18 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R-\r:IP\Prnip,d<::.\PW04_0R\RRF\RRF AnrAAmAnt - c ., E ::l U &~ lis s: c e ., J!l E c c - e ~> o c "'w ",'" to; :; 11:1: !!1 0 ",Co ~ ., .!oil: - u ., .e- c. 0> .... .... 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E o o . o - 0 < ~ 0 ~ ~ E.- Ern.'" @ :I I) tI) ~ I) .;;' Q) ell o 0 Q .s Cl - 1)- _ .2 'C I) J!I{f!'i)li: :il f!I E ~ E Qi' 0 ~ c: 2: <3 g e' c 'S: (I) ~ (ll C "C +:: E ~ ~ E ~ C'IJ 0 Ql e ~~~~ i ;j ~ ~ . ~ . . ~ ~ ~ Ji j " Ul >< ~ ..J < Z o ;:: 0. o ..J :!: o I- o _NM"ItInCDOO ~ ~~~~~~~Q '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 ~ ~ 8 l:I.l ~ ~ ~ i:: U C "4 b ~ ~ OJ !;l ~ II .... e i:lo; .... l::l z~ =:I ~ ~ ~ ~ ~ u ~ ~ b ~ ~ ~ E " <= .~ B >: 1"'1 '"' ~ U 00 ~ llo 00 ~ ~ ..2 - o :I: o " CI ." !il ".,. ., '" ]:il [;J !l ~ ~ J1 ~ '.g P-< " <= !l o ~ ." Il B-S ., 0 g." - a ~~ Po;Q 0; [;J g ~ '60 '" " ., .... " " [;J .... <> <> .~ ~ e ~'a ., '" o ~ gg '" '" S e <> ",' .,,:9 !ilJl s,.ij ,.gj.~ " [;J ~:s p-<CI., Ql S ... ~ " .~ o ... llo Ql i:i o "''!:I ~.~ ." " o '" ... " llol:l r- - , - ~ llo ~ ~ ~ Po ~ ..., al a ""' '" 0 s: 8 o ..., 0\ <> d~ - N g . " ~." - !il !3 s, 8 .u) ~~ ~.s .~g ~ E <> '" .S - .~ i 11 o 0 u~ 1j '" .~ .... 0 = ... 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I'<~ 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 I I I . . . . . I . . . . . . . . . I . . 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~, .~\ !"a:.1!, n ((~ \\, Silvera'i Blueg s BaDd, Sidesaddle, DODDer 1I0UDt IBd, Rau, High HUls, Susie Glaze HUODSO The BUI GY T.... WJEMIE-eIJ". .'L.J:GBAII Sa....,......, lluab .1 ,'.,1'" ~ , , "," :;~ " (., ,;0, ;J;;~ ;:~:: if'.,~ ,4;j 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~~ : 'I ASTEI~ ~*-=- The Country Porch ~ 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) R\MONTHL Y.RPT\2005\1-2005 Report.doc . 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) R:\MONTHL Y.RPT\2005\1-2005 Report.doc 2 . 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 R:\MONTHL Y.RPT\2005\1-2005 Report.doc 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) R:\MONTHL Y.RPT\2005\1-2005 Report.doc 4 . 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) R:\MONTHL Y.RPT\2005\1-2005 Report.doc 5 . 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) R:\MONTHL Y.RPT12005\1-2005 Report.doc 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 R:\MONTHL Y.RPT12005\1-2005 Report.doc 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) R:\MONTHL Y.RPT12005\1-2005 Report.doc 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 R:\MONTHL Y.RP1\2005\1-2005 Report.doc 9 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. R:\MONTHL Y.RPT\2005\1-2005 Report.doc 10 . 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) R:\MONTHL Y.RPT1200S\1-200S Report.doc 11 . 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. R:\MONTHL Y.RPT\2005\1-2005 Report.doc 12 . 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 R:\MONTHL Y.RPT12005\1-2005 Report.doc 13 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) R:\MONTHL Y.RPT\2005\1-2005 Report.doc 14 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. R:\MonthlyActivityReport\CIP\2005\January- February .doc 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 2 R:\MonthlyActivityReport\CIP\2005\January- February .doc 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. 3 R:\MonthlyActivityReport\CIP\2005\January- February .doc 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. 4 R:\MonthlyActivityReport\CIP\2005\January- February .doc 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. 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" u ::1:= Q) :o~:: ~ ' := o ~ ~ t1 Q) ~ ~Kl12 e ~ "- 8:::'" >-o~ cQ)'9 ~ E 0 Eo<< E (f) . o . e .:::~~ -g.~ E .~ K t1 8 en'~ Q) ::l e . ~.g ~~ o~=.g ;;: .2 o e ~ '6 e o o '3 !D ~ <3 ~ ~ & 00 ;;;~ ~'2' a. a. 21: .:g~ "-" =>'" .12 !!:! e ~ .2 en 1il ~ E ~ .ag- E !!:! ~-g -' ~ a~ n Q) ~5 8l 5 . .....,o~ S 8 .i:: ""5128 o "- ~ e ~ 8.8!!:! ~ 0 ~ ~ - >- o ~ " oE= ~ 0 -g6~ CUSS !!:!'~ ~ 0.0 E ~ ~ s ~ 0 " ~~:5 jgO.9 9 Q) .S ..5"0 '0 C !!:! 00" 0,,- 8:o5j u ~ 0> c{ ~.S .:i:~.1l ~ z ~ z co e '0 'l' e o 0> e '0 'l' e o <'- <'- <'- <'- <'- <'- 0> 0> e lD e ~ ~ e o ~ u " 0; (f) E )'l 0; o e o o o ~ o .~ m > '" o <0 N o III D.. 3: 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) R"\MAINT A IN\MflAf''TRP'f'I'M<;_')fY!<; "' g lfi 5 N.c~ .....~ 0) :J 0=>'" . :I: "0 .g=~ ~"'~ ]l>.~ :'.::: co >. Ell'" .g:::"i C/'J .- .... " E 1l. m-g~ ClCllo. CIl ~ ll::1- '" Oll:: 0 >Owo :>D..(,J~ (JWZ'" :::iD::<g lD1=ffi'" ::l_I-ll:: o.>Z<( u..;:::-W O(J<(> I-<(:O.J Z>I-<( w..JWO ::OJ: Will I-I-rt::u::: ll::ZI- <(0 III 0.::0 W Cl ~I-! 8S> .Jll::<i! ~OO O...CIl I- i:L Iii",!!;! O-w 0:1:> <i!~<i! 1-00 O"'CIl I- i:L ll::", 00 .... Iii!!;! 0:0 o c W ~I-~ ll:: W. 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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 ~ << ~> pO U~ ~~ ~~ ~~ ~c ~~ o~ ~~ ~~ ~ Ul/) o o ~ - - - ....... ............. 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'Co... 11)0... ~~ ""'r-- II) ..c fA ... o o ~.....~ ."'- Cl" 0 01 ooUU 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