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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
AUGUST 23, 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.
Next in Order:
Ordinance: No. 2005-15
Resolution: No. 2005-87
CALL TO ORDER:
Mayor Jeff Comerchero
Prelude Music:
Katie Ascani & Nico Ayala
Invocation:
Felecia Brown of Imani Church of God in Christ
Flag Salute:
Councilman Naggar
ROLL CALL:
Edwards, Naggar, Roberts, Washington, Comerchero
PRESENT A TIONS/PROCLAMA TIONS
Rancho California Water District's 40th Anniversary Proclamation
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.
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CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of August 9, 2005.
3 Resolution approvinQ 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 Resolution of Opposition to Senate Bill S. 1504 - Broadband Investment and Consumer
Choice Act of 2005
RECOMMENDATION:
4.1 Adopt a resolution entitled:
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RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OPPOSING SENATE BILL 1504 KNOWN AS THE
BROADBAND INVESTMENT AND CONSUMER CHOICE ACT
(S. 1504) URGING CONGRESSIONAL REPRESENTATIVES TO
REFRAIN FROM ANY FORM OF SUPPORT OR CO-
SPONSORSHIP OF S. 1504 AND TO VOTE IN OPPOSITION TO
S. 1504 AND DIRECTING THAT THIS RESOLUTION BE
FORWARDED TO THE CALIFORNIA CONGRESSIONAL
DELEGATION, OTHER MEMBERS OF CONGRESS AS
DEEMED APPROPRIATE, AND THE PRESIDENT OF THE
UNITED STATES
5 Commissioner Term Limits
(At the request of Councilman Washington)
RECOMMENDATION:
5.1 Receive and file.
6 Reimbursement AQreement with Rancho California Water District and the Cities of
Temecula and Murrieta for the acquisition of AeriallmaQerv and DiQital Elevation Data
RECOMMENDATION:
6.1 Approve a Reimbursement Agreement with Rancho California Water District
(RCWD) for the acquisition of Aerial Imagery and Digital Elevation Data;
6.2 Allocate $162,000 from the Information Systems Fiscal Year 2005-2006 Capital
Budget to cover the cost of the City's share for the project.
7 Third Amendment to an aQreement for Contract Inspection Services for P&D
RECOMMENDATION:
7.1 Approve a third amendment for Consultant Services with P&D Consultants in the
amount not to exceed $12,000 for a total contract amount of $137,000.
8 StaQe Equipment for the Old Town Temecula Communitv Theater
RECOMMENDATION:
8.1 Approve a purchase order of $53,782.66 to Wenger Corporation for the purchase of
musicians' chairs and stools, music stands and lights, stage risers/decking and
accessories, storage carts, and other appurtenant equipment for the Old Town
Temecula Community Theater;
8.2 Approve a $5,378.27 contingency for the purchase of additional unanticipated stage
equipment identified during the start-up and early months of operation of the new
Theater.
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9 Authorize Temporarv Street Closure of Main Street between Old Town Front Street and
Puiol Street for the Temecula-On-StaQe Event scheduled for September 3. 2005, and
deleQate authority to issue a Special Event/Street Closures Permit to the Director of Public
Works/City EnQineer
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF MAIN STREET BETWEEN OLD TOWN FRONT STREET
AND PUJOL STREET FOR THE TEMECULA-ON-STAGE
EVENT SCHEDULED FOR SEPTEMBER 3, 2005, AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT
INCLUDING STREET CLOSURES
10 Reimbursement AQreement between Rancho California Water District and the City of
Temecula for the PechanQa Parkway Phase II Street Improvements - Proiect No. PW99-
11
RECOMMENDATION:
10.1 Approve the Reimbursement Agreement between Rancho California Water District
(RCWD) and the City of Temecula for the Pechanga Parkway Phase II Street
Improvements - Project No. PW99-111 - in substantially the same format as
attached and authorize the mayor to execute the agreement.
11 RoripauQh Ranch Proiect AQreement with Ashby USA for Acquisition of Propertv for
Butterfield StaQe Road Rioht of Way
RECOMMENDATION:
11.1 Approve the agreement entitled Agreement between the City of Temecula and
Ashby USA, LLC for the acquisition of certain property for public rights of way in
connection with the Roripaugh Ranch Project.
12 Status Update reQardinQ the City of Temecula's Participation in the Transportation
Uniform Mitioation Fee (TUMF) ProQram and ReQionallnfrastructure Improvements
RECOMMENDATION:
12.1 Receive and file report on the City of Temecula's contributions to the overall TUMF
Program.
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
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Next in Order:
Ordinance: No. CSD 2005-01
Resolution: No. CSD 2005-21
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 your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of August 9, 2005.
2 Acceptance of Landscape Bonds and Aoreements for Parcel Map Nos. 29353. 29353-1 ,
and 29353-2 Roripauoh Ranch Landscaped Medians and Neiohborhood Park
RECOMMENDATION:
2.1 Accept the agreement and surety bonds from Ashby USA, LLC to improve
landscaped medians along Butterfield Stage Road within Parcel Map No. 29353;
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2.2 Accept the agreement and surety bonds from Ashby USA, LLC to improve
landscaped medians along Murrieta Hot Springs Road within Parcel Map No.
29353-1 ;
2.3 Accept the agreement and surety bonds from Ashby USA, LLC to improve
Neighborhood Park within Parcel Map No. 29353-2.
DEPARTMENTAL REPORT
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, September 13, 2005, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
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Next in Order:
Ordinance: No. RDA 2005-01
Resolution: No. RDA 2005-07
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 your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of August 9, 2005.
2 Status Update on the Temecula Education Center
RECOMMENDATION:
2.1 Receive and file.
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DEPARTMENTAL REPORT
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, September 13,2005, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
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RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
13 Second Extension of Interim Ordinance: Prohibition of Medical Mariiuana Dispensaries
RECOMMENDATION:
13.1 That the City Council, by a 4/5ths vote, adopt an ordinance entitled:
URGENCY INTERIM ORDINANCE NO. 05-_
AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY
OF TEMECULA, CALIFORNIA, ESTABLISHING, CONTINUING,
AND EXTENDING THE PROHIBITION OF THE
ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY
ZONING DISTRICT WITHIN THE CITY
14 Second Weed Abatement Lien Resolution for FY 2005-2006
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING CONFIRMATION OF THE SPECIAL
ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE
CITY OF TEMECULA FOR THE SECOND WEED ABATEMENT
CYCLE FOR COSTS OF ABATEMENT AND REMOVAL OF
HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2005-
2006
DEPARTMENTAL REPORTS
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, September 13, 2005, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
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9
,/
PROCLAMATIONS
AND
PRESENTATIONS
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ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
AUGUST 9, 2005
The City Council convened in Closed Session at 6:30 P.M., on Tuesday, August 9,2005, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California. The Open Session convened at 7:01 P.M.
Present:
4
Councilmembers:
Edwards, Naggar, Washington, and
Comerchero
Absent:
1
Councilmembers:
Roberts
Having recently had surgery, Mayor Comerchero adyised that Mayor Pro Tem Roberts will not
be in attendance of this meeting.
PRELUDE MUSIC
The prelude music was provided by Matthew Fagan.
INVOCATION
The invocation was given by Pastor Tom Durrance of True Vine Pentecostal Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilman Naggar.
PRESENT A TIONS/PROCLAMATIONS
Guidant's $100,000 check presentation to the Friends of the Temecula Librarv
Acknowledging the efforts of the Friends of the Temecula Library, Mr. Ken Carlisle and Ms. Allie
Kuhns, representing Guidant Corporation, proudly presented a check in the amount of $100,000
to Ms. Grace Mellman. On behalf of the Friends, Ms. Mellman expressed her appreciation to
the Guidant Corporation for its generous donation and its commitment to supporting this
community.
At this time, Ms. Mellman, on behalf of the Friends and the Guidant Corporation, presented this
$100,000 check to the City of Temecula for the use of the Children's Wing of the new Temecula
Public Library.
Councilman Naggar thanked and commended Mr. Carlisle, Ms. Kuhns, and the Guidant
Corporation for its continued community support.
Echoing Councilman Naggar's commendation, Mayor Comerchero expressed his gratitude to
the Guidant Corporation for being a great corporate partner and great corporate citizen.
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Jonbov's Confidential Transportation
Apprising the Council of his and his wife's efforts in operating an alternative transportation
organization within the City, Mr. Edward Varela advised that his organization provides free
transportation to anyone in the City that chooses not to drive while under the influence.
Commenting on the increasing number of calls his organization has received over the past year
and a half, Mr. Varela requested that the City Council consider adopting a City ordinance,
requiring every establishment serving alcohol to proYide and post alternative transportation
phone numbers. Clarifying the reason for his efforts, Mr. Varela commented on the death of his
son (Jonathan Michael Varela) in April 28, 1996 due to a drunk driver.
Thanking Mr. and Mrs. Varela on their efforts, Mayor Comerchero requested that the legalities
of this request be explored by the City Attorney.
National Kid's Day Proclamation
Proclaiming August 6, 2005, as National Kids Day, Mayor Comerchero presented the
proclamation to Mr. Ray Mejia, Unit Director of the Boys and Girls Club, who, in turn, thanked
the City Council for its on-going support of the Boys and Girls Club and briefly provided an
overview of Kid's Day.
PUBLIC COMMENTS
A. Advising that Mrs. Pratt and he will be moving to Washington, Mr. Sam Pratt, Temecula,
wished the City Council, City staff, and the community a farewell.
Thanking Mr. Pratt for his service to the community, Mayor Comerchero wished him well
in Washington.
B. By way of pictures, Mr. Mike Kuhn, Temecula, reiterated his previously made comments
with regard to closed streets in the Meadowview area; commented on the appearance of
impropriety; addressed the existing circulation problems within the area of discussion; and
expressed his desire to open these streets.
CITY COUNCIL REPORTS
A. Apprising the City Council of a fire at his next door neighbor's house, Councilman
Washington commended the Fire Department on its quick response.
Expressing his sympathy to Mr. and Mrs. Varela on the loss of their son, Mr. Washington
relayed his support of their request to provide alternate transportation to those driving under the
influence.
Commenting on a recent golf tournament fundraiser for United Way, Mr. Washington
commended Mr. Ken Carlisle, representing Guidant Corporation, on his enthusiasm with
emceeing the awards banquet.
B. Echoing the sympathy expressed to Mr. and Mrs. Varela on the loss of their son,
Councilwoman Edwards commended them on their strength to turn this tragic event into such a
beneficial impact to the community and relayed her support of their request.
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2
AdYising that the City Council has received community em ails with regard to dialing 911
from cell phones, Mrs. Edwards noted that currently these calls are routed through the CHP
regional dispatch office. In an effort to make this 911 dispatch more effective, Mrs. Edwards
advised that residents, within the City of Temecula limits, may call 951-776-1078 from their cell
phone for 911 emergencies; noted that by calling this number, these calls will be routed to the
dispatch center currently accepting Temecula calls for emergency service; and reiterated that
this number will only pertain to City limit calls and that this number does not pertain to land lines.
C. Encouraging those interested to view the City's new Fire Safety House, Mayor
Comerchero advised that the Safety House will be on display in the parking lot at City Hall after
tonight's meeting.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of July 12, 2005;
2.2 Approve the minutes of July 26, 2005.
(Due to his absence from the July 26, 2005, City Council meeting, Councilman
Naggar abstained with regard to Item No. 2.2.)
3 Resolution approvino List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 05-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of June 30, 2005.
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3
5 Purchase and Sale Aoreement for property located in Old Town
RECOMMENDATION:
5.1 Approve the Purchase and Sale Agreement and escrow instructions for certain real
property located at 41934 Main Street (APN 922-044-022) in the City of Temecula
and authorize the Mayor to execute;
5.2 Approve an appropriation from unreserved General Fund balance in an amount not
to exceed $1,420,000 for acquisition, escrow, closing costs, appraisal, testing, and
related fees.
With regard to the supplemental material provided for this item, City Attorney Thorson
advised that minor changes were made with regard to disclosure of certain conditions of
this property and deletion of the waiver of relocation benefits for the owner of this property.
6 Procurement of Updated Pentium Computer Workstations
RECOMMENDATION:
6.1 Authorize the purchase of 50 Pentium-based Hewlet Packard (HP) computer
workstations from HP for the total amount of $58,070.50.
7 Award a Construction Contract for the Bridoe Barrier Rail Replacement Proiect Proiect
No. PW01-09
RECOMMENDATION:
7.1 Award a construction contract for Bridge Barrier Rail Replacement Project - Project
No. PW01-09 to R.J. Bullard Construction, Inc. in the amount of $232,780.00 and
authorize the Mayor to execute the contract;
7.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $23,278.00 which is equal to 10% of the contract amount.
8 Wolf Creek Storm Drain Infrastructure Tract No. 30264-4. -5, -8, and -10 Cooperative
Aoreement
RECOMMENDATION:
8.1 Approve the Wolf Creek Tract No. 30264-4, -5, -8, and -10 - Wolf Creek Storm
Drain Infrastructure Cooperative Agreement with the Riverside County Flood Control
and Water Conservation District, the City of Temecula, and Wolf Creek
Development, LLC;
8.2 Authorize the execution of such agreement in its final form by the Mayor, City
Attorney, and City Clerk.
R\Minutesl080905
4
9 Tract Map Nos. 30264-14, -15, & -F (located east of Pechanqa Parkway. south of Wolf
Valley Road. in the Wolf Creek Specific Plan No. 12 EIR
RECOMMENDATION:
9.1 Approve the Final Tract Map Nos. 30264-14, -15, & -F in conformance with the
conditions of approval;
9.2 Approve the Subdivision Improvement Agreements;
9.3 Approve the Subdivision Monument Agreements and accept the Faithful
Performance Bonds, Labor and Material Bonds, and Monument Bonds as security
for the agreements.
10 Second ReadinQ of Ordinance No. 05-07 (Amendino the Official Zonino Map)
RECOMMENDATION:
10.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE
17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE
CONSISTENCY WITH THE PROVISIONS AND
REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN
(PA05-0085)
City Attorney Thorson clarified that, as previously noted, each Council member will not be
participating on his/her own property or any commercial property or property of any financial
interest that she/he may own within this area.
11 Second Readino of Ordinance No. 05-14 (Maroarita Villaoe Specific Plan)
RECOMMENDATION:
11.1 Adopt an ordinance entitled:
R:\MinutesI080905
5
ORDINANCE NO. 05-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE
MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE
SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA
7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING
DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING
DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND
FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2
(20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING
AREA 9A (PA04-0390)
MOTION: Councilwoman Edwards moved to approve Consent Calendar Item Nos. 1 - 11. The
motion was seconded by Councilman Naggar and electronic vote reflected approval with the
exception of Councilman Naggar who abstained with regard to Item No. 2.2 and Mayor Pro
Tem Roberts who was absent.
At 7:27 P.M., the City Council reconvened as the Temecula Community Services District, the
Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 7:33 P.M.,
the City Council resumed with regular business.
PUBLIC HEARING
12 Comprehensive Update of the City-wide Desion Guidelines
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 05-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO ADOPT A COMPREHENSIVE UPDATE OF THE
CITY-WIDE DESIGN GUIDELINES
Planning Director Ubnoske reviewed the staff report (as per agenda material), introducing Ms.
Jami Williams and Ms. Diane Bathgate from RRM Design Group.
By way of a PowerPoint presentation, Ms. Williams reviewed the intent of the City-wide Design
Guidelines, who will use these Guidelines, and a brief overview of the Design Guidelines,
noting the following:
. Updated the City's existing Guidelines which were adopted in 1997
. Set the bar to promote and encourage quality development within the City
. Created a streamline document - user friendly and graphically intensive
. Added a single-family residential component along with a glossary
. Noted that these Guidelines are to assist property owners in understanding what may
they do with their properties and help design professionals and developers obtain a
R\Minutesl080905
6
clear understanding of the City's expectations and to assist the review body with the
review process
. Advised that each chapter will address site planning issues, landscaping issues,
building design, and utilitarian aspects of a project.
There being no public input, the public hearing was closed.
Councilman Washington thanked staff and the consultants for the great work and great ideas.
For Mr. Washington, Planning Director Ubnoske adyised that these new Design Guidelines will
be very beneficial with redevelopment and in-fill projects and that already approved Specific
Plans currently have its own Design Guidelines.
In response to Mayor Comerchero, Deputy City Manager Thornhill advised that approximately
75% of the City's commercial deyelopment has been built out; that approximately 75% to 80%
of the City's industrial development has been built out; and that approximately 60% to 65% of
the City's residential development has been built out.
In light of the City's ayerage of building 800 to 1,000 residential units a year, City Manager
Nelson estimated that within the next four to five years most of the residential subdivision
development within the City will be built.
Councilman Washington noted that as per the City's original General Plan, the City's overall
density will be lower than the original projection and expressed his support of the proposed
Design Guidelines.
Councilwoman Edwards commented on the benefits these Guidelines will provide to the
developers and advised that as a member of the City's Infrastructure Beautification Committee,
she would be utilizing these creative ideas on future infrastructure projects.
Viewing the Guidelines as exceptional, Mayor Comerchero mentioned that these Guidelines
will create less uncertainty for a developer; stated that these Guidelines are very clear; and
applauded the efforts of those involved.
MOTION: Councilman Washington moved to adopt Resolution No. 05-86. The motion was
seconded by Councilwoman Edwards and the electronic vote reflected approval with the
exception of Mayor Pro Tem Roberts who was absent.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that there were no items to
report, noting that with regard to the real property negotiations matter, no final action would be
taken other than in public session.
R\Minutesl080905
7
ADJOURNMENT
At 7:48 P.M., the City Council meeting was formally adjourned to Tuesday, August 23, 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
R:\MinutesI080905
8
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 $5,328,450.50.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 23rd day of August, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos 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 meeting of the City Council of the City of
Temecula on the 23'd day of August, 2005 by the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
ABSTAIN:
Susan W. Jones, CMC
City Clerk
R:/Resos 2Q05/Resos 05~
2
I CITY OF TEMECULA
LIST OF DEMANDS
08/04l0S TOTAL CHECK RUN: $ 3,987,321.93
08111/05 TOTAL CHECK RUN: 910.396.82
08/11105 TOTAL PAYROLL RUN: 430.731.7S
TOTAL LIST OF DEMANDS FOR 08/23105 COUNCIL MEETING: $ 5.328.450.50
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 1,715,524.07
140 COMMUNITYDEV BLOCK GRANT 1,S63.9S
165 RDA DEV-LOWIMOD SET ASIDE 16,853.43
190 COMMUNITY SERVICES DISTRICT 261,145.n
192 TCSD SERVICE LEVEL B 47,027.07
193 TCSD SERVICE LEVEL C 19,100.53
194 TCSD SERVICE LEVEL D 839.51
196 TCSD SERVICE LEVEL L 9,889.S4
210 CAPITAL IMPROVEMENT PROJ. FUNO 1,575,003.12
280 REDEVELOPMENT AGENCY-CIP 30,178.28
300 INSURANCE FUND 22,832.73
320 INFORMATION SYSTEMS 41.7SS.16
330 SUPPORT SERVICES 23,018.83
340 FACILITIES 37.108.00
380 RDA 2002 TABS DEBT SVC 1,095,498.46
I 460 CFD 88-12 DEBT SVC FUND 380.30
$ 4.897,718.75
001 GENERAL FUND $ 273,744.05
165 RDA-LOW/MOD SET ASIDE 4,949.73
190 COMMUNITY SERVICES DISTRICT 106,647.34
192 TCSD SERVICE LEVEL B 102.66
193 TCSD SERVICE LEVEL C 4,654.55
194 TCSD SERVICE LEVEL D 616.52
196 TCSD SERVICE LEVEL L S71.52
280 REDEVELOPMENT AGENCY.CIP 3,560.84
300 INSURANCE FUND 1,203.47
320 INFORMATION SYSTEMS 24,615.30
330 SUPPORT SERVICES 3,221.84
340 FACILITIES 8.443.93 430,731.75
TOTAL BY FUND: $ 5.328.450.50
I
GENIE
. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
I
SHAWN NELSON, CITY MANAGER
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
I
apChkLst Final Check List Page: 1
08104/2005 12:48:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
543 07/2812005 005460 U S BANK RDA 2002 Debt Service 1,095,498.46 1,095,498.46
101156 08/04/2005 004765 ACTIVE NElWORK INC, THE Ann'l Safari Software Renewal Fees 8,290.00 8,290.00
101157 08/04/2005 004064 ADELPHIA 8/2-9/1 high speed internet sves 46.95 46.95
101158 08/0412005 009069 ALlBEIGI, MIKE Refund: 4th of July vendor fees 70.00 70.00
101159 08104/2005 008915 ALLIE'S PARTY EQUIPMENT Canopy rental equip:Summer Nights 130.71 130.71
101160 08104/2005 005322 ALTERNATIVES TO DOMESTIC FY 04105 CDBG Reimbursement 1,563.95 1,563.95
101161 08104/2005 008967 AM PAT INC PW inspectors uniform shirts 738.95 738.95
101162 08104/2005 004240 AMERICAN FORENSIC NURSES May DUI Drug & Alcohol Screening 15.00 15.00
101163 08104/2005 004431 AMERICAN PAYROLL INSTITUTE Membership: M. Jorgenson 103725 165.00 165.00
101164 08104/2005 007996 AMERICAN WEST LANDSCAPE Jun Prgss:Pechanga Soundwall 1.847.13
Credit: Ovrchged Trffe Cntrlline item -28.83 1.818.30
101165 08104/2005 000101 APPLE ONE INC Temp help PPE 7/16 JBlGK 1,188.00
Temp help PPE 6/4 Gonzales 540.00
Temp help PPE 7/16 Shelton 513.00 2,241.00
101166 08104/2005 001323 ARROWHEAD WATER INC Bottled wtr sves @ Mntc Fae 322.06
Bottled wtr svcs @ CRC 193.27
Bottled wtr svcs @ T.Museum 56.65
Bottled wtr svcs @ C.Museum 44.01
Bottled wtr svcs @ City Hall 39.86
Bottled wtr svcs @ TCC 26.37 682.22
101167 08104/2005 002648 AUTO CLUB OF SOUTHERN Membership: Shawn Nelson 25799883 75.00
Membership:Brian Clements 14781145 46.00
Membership:Mario Munoz 25868902 46.00 167.00
101168 08/0412005 002713 BALLOONS GALORE T.Library ceremony balloon decorations 193.95 193.95
101169 08/04/2005 005709 BAMM PROMOTIONAL Summer Day Camp Shirts 450.40 450.40
-- ~- .~-~
Page:1
apChkLst Final Check List Page: 2
0810412005 12:4B:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101170 08/04/2005 008868 BANK OF SACRAMENTO Rei re1ention:Jefferson Rehab:RJ Noble 6.354_31 6,354.31
101171 08/04/2005 009068 BEATTY, TERRY Refund: Pablito's Spanish Academy 155.00 155.00
101172 08/04/2005 004262 BIO-TOX LABORATORIES Jun DUI Drug & Alcohol Screening 662.02 662.02
101173 08104/2005 006908 C C & COMPANY INC Summer Concerts Entertainment 500.00
EntertainmentHot Summer Nights 500.00 1,000.00
101174 08/04/2005 009067 CALIF BANK & TRUST Rei Retention Esrw Edge Devel:T.Library 36,047.81 36,047.61
101175 08/04/2005 004248 CALIF DEPT OF JUSTICE- Fingerprinting 10 svcs:PolicelHR 3,481.00 3,481.00
101176 08/04/2005 002415 CASTLE AMUSEMENT PARK Smart Excursion:Castle Park 613.27 613.27
101177 08/0412005 002534 CATERERS CAFE Refreshments: Redhawk Annexation 1,205.00
RefreShments: PW Qrtly Staff mtg 330.00
Refreshments:Tem/Murrieta Comm Mtg 40.72 1,575.72
101178 08104/2005 005417 CINTAS FIRST AID & SAFETY 96 Cold Packs for CRG 237.91 237.91
101179 08104/2005 009077 CITY COMFORTS INC. 6 books: City Comforts:Planning 87.45 87.45
101180 08104/2005 009071 COLE. CATHERINE Refund: Kidz Love Soccer-Tot Soccer 55.00 55.00
101181 08/04/2005 001923 CONVERSE CONSULTANTS 4/30.5127 Geo T est:Jefferson Rehab 605.00 605.00
101182 08/04/2005 005291 DEGANGE. JOHN Reimb: ESRI Conf:7/25-26:San Diego 297.40 297.40
101183 08/04/2005 009011 DELYTES Employee luncheon refreshments 1.392.50 1.392.50
101184 08/04/2005 003945 DIAMOND ENVIRONMENTAL Portable restroom:Vail Ranch Prk 122.36
Portable rest rooms: C. Museum 111.55
Portable restroom:Vail Ranch Prk 67.72
Portable restroom:Riverton Park 57.76
Portable restroom:Veterans Prk 57.76
Portable restroom:Lng Cnyn Prk 57.76 474.91
101185 08/04/2005 009075 DOLlAS. FAYE Refund: Ballroom Dance Classes 52.12 52.12
Page:2
apChkLst
0810412005
12:48:55PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101186 08/04/2005 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal
1.920.11
1,920.11
101187 08/04/2005 009076 ECKHARDT. EDNA
Refund: Level 4/5 Swim Lessons
Refund: Level 6 Swim Lessons
42.50
42.50
85.00
101188 08/04/2005 003223 EDAW INC
Jun biological svcs: Lng Cnyn Basin
6.798.36
6.798.36
101189 08/04/2005 005880 EDGE DEVELOPMENT INC.
Jul prgss:T. Library PW 00-07
324,428.47
324,428.47
101190 08/04/2005 005251 EQUIPMENT REPAIR SERVICE
PW dump truck equip repairs
480.00
480.00
101191 08/04/2005 009074 ESPIRITY, ARSENIO
Refund: Security DepstTCC
150.00
150.00
101192 08104/2005 000478 FAST SIGNS
Fitness in Temecula signs
1,021.49
1,021.49
101193 08/04/2005 000166 FIRST AMERICAN TITLE
Lot book report: Rotell
75.00
75.00
Page:3
apChkLst Final Check Ust Page: 4
08104/2005 12:48:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101194 08/04/2005 003347 FIRST BANKCARD CENTER
000210 LEAGUE OF CALIF CITIES HP Regist:League Comm Cf:7/27-29:Staff 1,170.00
003716 SO CAL CINEMAS HP Day camp movie excursion 1,090.50
006937 SOUTHWEST AIRLINES HP Airtare:League Comm Cf:7/27-29:Staff 611.60
007028 AMERICAN AIRLINES GY Airtare:Hmld See Cf:10/11-15:JD/HW 479.58
007949 WESTERN ARTS ALLIANCE HP Regist:WAA Conf:9/6-10:Beers 425.00
009087 WEBREGPRO GT Regist:CCAPA Cf:10/30-11/2:Fisk 415.00
009087 WEBREGPRO GT Regist:CCAPA Cf:10/30.11/2:Brown 415.00
001264 COSTCO WHOLESALE G R HP Digital camera w/x-baUery 412.02
000210 LEAGUE OF CALIF CITIES RR RegistMayor/Council Mtg:7/27-29 410.00
009091 MAZZARO ITALIAN DINING JC Refreshments: Sister City Delegation 382.40
009089 NORTHWEST AIRLlNES/KLM GY Airiare:ICMA Cf:9f23-28:Yates 372.90
007274 FORGE. THE DU Refreshments:Planning Comm Mtg 333.93
003502 BUILDING INDUSTRY ASSOC. BIA GT Regist:Green Bldg Sem:7/26:Brown 199.00
001256 MARRIOTT HOTEL RR HttMayor/Council Mtg:7/27-29 188.19
006714 SHERATON HOTEL RR HtI:SCAG R.C. Mtg:7/6-7/05 187.58
003296 INTL CODE COUNCIL AE Membership: Anthony Elmo 180.00
008460 YOSEMITE INC GT HlI:CCAPA Cf:l0/30-1112:McCoy 178.20
008460 YOSEMITE INC DU HltCCAPA Cf:1 O/30-t 1/2:Fisk 178.20
009090 DELTA AIRLINE INC RR Airfare:Nat'l League:9/8 176.90
006937 SOUTHWEST AIRLINES RR Airfare:Mayor/Council Mtg:7/27-29 136.90
007029 BLACK ANGUS GY Refreshments:Fire Marshall Interviews 52.65
009092 METRO TAXI-DENVER Jc Taxi:Nat'l League Cf:6/16.19 48.00
009088 RED LOBSTER GY Refreshments:Emerg Mgt Mtg 45.21
008735 APPLEBEE'S NEIGHBORHOOD GY Refreshments:Fire MarshaJllnterviews 44.83
007029 BLACK ANGUS GY Refreshments:Trffc Safety Mtg 40.42
007594 EXPEDIA.COM GY Airline ticket admin fees 15.00
008887 OAKWOODBROADWAYP~ RR HlI Cred~:NLC Mtg:5119-21105 -138.45 8,050.56
101195 08/04/2005 004239 FISHER SEHGAL YANEZ INC Jun Reimbursables:Community Theater 8,025.00
CreditOvrchg per agrmntComm Theater .1,102.00 6,923.00
Page:4
apChkLst Flnal Check Ust Page: 5
0810412005 12:48:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101196 08/04/2005 006574 FOX, KIMBERLY Refund:Tennis- Beg/lnt (Kim/Ashley) 105.00 105.00
101197 08/04/2005 009073 G F G T T HOLDINGS INC Refund: Children Museum admission 72.00 72.00
101198 08/04/2005 006595 GFI USA INC Ann'l E-mail Virus Protection Renewal 1,761.80
Ann'l E-mail Virus Protection Renewal 270.00 2,031.80
101199 08104/2005 0001n GLENNIES OFFICE PRODUCTS Office Supplies: TCSD 894.40 894.40
101200 08/0412005 000175 GOVERNMENT FINANCE Guides:Debt IssuancefTax Increment 36.00 36.00
- --. ----
101201 08/0412005 003792 GRAINGER Truck box for fire prey vehicle 633.04 633.04
101202 0810412005 004242 HARMONY ARTISTS INC 7/15 performers: Summer Nights 750.00
0722 performers: Summer Nights 750.00 1,500.00
101203 08104/2005 003299 HAYES, BARNEY A. 7/15 performers: Summer Nights 400.00
07/29 performers: Summer Nights 400.00 800.00
101204 08/04/2005 001135 HEAL THPOINTE MEDICAL Pre-employment physicals 25.00 25.00
101205 08/04/2005 004833 IMPERIAL PAVING COMPANY INC Slurry Seal asphalt @ City Hall 16.000.00
R&R AC/striping @ Calle Torcida 6,214.00 22,214.00
101206 08104/2005 005579 INLAND EMPIRE PROPERTY July weed abatement svcs 11.915.00
June weed abatement svcs 2,425.00 14.340.00
101207 08104/2005 004908 JIFFY LUBE 1878 B&S Vehicle Repair/Maint Svcs 95.04 95.04
101208 08/04/2005 008697 JOSWICK, RICHARD B 8/4 performers: Concert series 1.200.00 1,200.00
101209 08/04/2005 003046 K FROG 95.1 FM RADIO Hot Summer Nights Broadcasting svcs 918.00
Hot Summer Nights talent fee 450.00 1,368.00
101210 08/04/2005 008057 KHATCHATURIAN, CHRISTINA Refund: Tumble Jungle~ Tiny/Beg. 216.00 216.00
101211 08/04/2005 004481 KIMLEY HORN & ASSOCIATES Jun Design Svcs:Multi-Purpose Trail 19,011.56 19,011.56
101212 08/04/2005 009072 KNIPPS. TANYA Refund: Preschool Music 45.00
Refund: Level 1 Swim Lessons 42.50
Refund: Toddler Swim Lessons 42.50 130.00
101213 08/04/2005 009093 LACQUES. JOHN Summer Explorers Camp:Drum Lessons 130.00 130.00
PageS
apChkLsI Final Check List Page: 6
08/0412005 12:48:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101214 08/04/2005 000586 LEXISNEXIS MATTHEW BENOER Website muni code ann'l CD 65.20 65.20
101215 08/04/2005 003726 LIFE ASSIST INC Paramedic Medical Supplies 3,004.73 3.004.73
101216 08104/2005 008383 L1M & NASCIMENTO May design:Margarita Undercrossing 13.825.59
Jun design:Margarita Undercrossing 2,275.00 16,100.59
101217 08104/2005 003054 L YNOE OROW A Y Binding/punch equip:Copy Cntr 5,294.27 5.294.27
101218 08/04/2005 009080 M V P LIMOUSINE & GROUNO transportation for Park Tour 5/6/05 300.00 300.00
101219 08104/2005 004141 MAINTEX INC custodial supplies: park sites 1,594.42
custodial supplies: City Hall 715.27
Old Town custodial supplies 714.96
custodial supplies: park sites 445.55
custodial supplies: park sites 347.60
custodial supplies: City Hall 347.60
Old Town custodial supplies 178.22
credit: items returned/park sites -233.28 4,110.34
101220 08/0412005 001967 MANPOWER TEMPORARY Temp help PPE 7/24 JD/JG/JHlDHlKN 5,191.91
---. -._--
Temp help wle 07/17 JGlDHlKN 2,214.01
credit: 7/24 hr correction/retro pay -115.10 7,290.82
101221 08104/2005 004803 MAPLOGIC CORPORATION ArcGlS Publisher 9.x Win-Single Use:GIS 1,480.00 1,480.00
101222 08/04/2005 009078 MARTINEZ. REBECA Refund: Adult Learn to Swim 40.00 40.00
101223 08/04/2005 002046 MASTER K 9 INC Fy 05/06 Police K-9 Training "Kaos. 1.200.00 1.200.00
101224 08/04/2005 009070 MCLAUGHLIN. SHARON Refund: Ballroom Dancing 7.00 7.00
101225 08/04/2005 004894 MICHAEL BRANOMAN 5/28-6/24/05 Svcs:Pech. Pkwy Ph Ii 9911 1.135.00 1.135.00
. - - - -..---
101226 08/04/2005 007210 MIDORI GAROENS Jun Idscp maint svcs:Neighborhood Parks 34,300.00 34,300.00
101227 08/04/2005 001868 MIYAMOTO-JURKOSKY. SUSAN TCSD Instructor Earnings 245.00 245.00
101228 08/04/2005 001892 MOBILE MOOULAR Jul modular bldg rental:Fire Sin 92 832.40 832.40
PageS
apChkLst
0810412005
12:48:55PM
Final Check List
CITY OF TEMECULA
Page: 7
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101229 08/04/2005 001986 MUZAK -SOUTHERN CALIFORNIA Jul'on-hold' phone music:City Hall
Aug "on-hold" phone music:City Hall
124.41
124.41
248.82
101230 08/04/2005 002925 NAPA AUTO PARTS misc. parts/supplies for equip: PW Maint
12.87
12.87
101231 08104/2005 000233 NELSON, SHAWN
reimb: 7/20-8/19 Internet svcs
45.95
45.95
101232 08104/2005 002139 NORTH COUNTY TIMES 8/24/05-8123/06 subscr: Pin #219397
106.80
106.80
101233 08104/2005 006721 OFFICEMAX - A BOISE COMPANY Office Supplies: Finance
Office Supplies: Finance
Office Supplies: Finance
credit: Items returned - Finance
19.80
19.80
12.75
-19.80
32.55
101234 08104/2005 002105 OLO TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
151.01
125.51
55.00
55.00
47.50
41.92
41.92
34.27
552.13
101235 08104/2005 003852 ON TRAC OVERHEAD DOOR CO Res Imp Pgrm: Lynn. Edward & Brenda
954.00
954.00
101236 08/04/2005 001171 ORIENTAL TRADING COMPANY recreation supplies: Childrens Museum
Team Pace picnic supplies
Recreation Supplies: Summer Day Camp
174.65
142.00
133.15
449.80
101237 08/04/2005 009079 ORTiZ, JOSEPH purchase plan table: B&S Dept
400.00
400.00
101238 08/04/2005 008240 PABLlTOS SPANISH ACADEMY TCSD Instructor Earnings
TCSD Instructor Earnings
567.00
151.20
718.20
101239 08/04/2005 003218 PELA Jun Ldscp Inspection: Winchester Rd
Jun Ldscp Inspection: Wolf Crk Sprts Cmp
495.00
427.50
922.50
101240 08/04/2005 002498 PETRA GEOTECHNICAL INC Apr Material Testing: Wolf Crk Sports
May Material Testing: Wolf Crk Sprts Cmp
8,787.50
2.836.51
11,624.01
101241 08/04/2005 000249 PETTY CASH
Petty Cash Reimbursement
691.71
691.71
101242 08/04/2005 006675 PINA, MARIA & CARLOS
Refund: Summer Day Camp
195.00
195.00
101243 08104/2005 001999 PITNEY BOWES
postage meter cleaning kit: Fire Stn 84
Sep-Dec post meter deposit: Fire Stn 84
131.11
88.62
219.73
Page:7
apChkLst
08104/2005
12:48:SSPM
Final Check List
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101244 08/04/2005 006084 POWER DISTRIBUTORS INC Final Billing:lnstall Light PoleslSprtpk
prgs pmt#2:installlight poles @ Sports
31,053.00
15,000.00
46,053.00
101245 08/04/2005 000254 PRESS ENTERPRISE COMPANY Ads:SMART/JuI4thlRedhawWSt Painting
2,942.40
2,942.40
101246 08/0412005 004457 R J NOBLE COMPANY Jun prgs #3: Jefferson Ave Ph II PW02-26
reduce retention to 5%:prgs #3 PW02-26
735,202.39
75,334.85
810.537.24
101247 08/04/2005 002841 RAIN FOR RENT
Irrigation rental for July 4th
4,794.91
4,794.91
101248 08/04/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters
Jun 01.00-00116-2 Overland Rd
Jul 01.24-03986.1 Btrtld Stage Rd
Jul 01-08-38009-0 Fire Stn 92
3,157.25
1,435.62
910.68
87.60
5,591.15
101249 08/04/2005 000947 RANCHO REPROGRAPHICS
dup blueprints: Ynez Rd pavement rehab
174.56
174.56
101250 08/04/2005 004584 REGENCY LIGHTING
electrical supplies: var park sites
electrical supplies: Maint Facility
500.20
1 08.48
608.68
101251 08104/2005 002110 RENTAL SERVICE
Equipment rental for P'W Maint Div
1,447.04
1.447.04
101252 08104/2005 002412 RICHARDS WATSON & GERSHON Jun 2005 legal services
94,105.56
94,105.56
101253 08/0412005 000955 RIVERSIDE CO SHERIFF SW STN Concert @ the Pond patrol svcs 7/16/05
1,587.49
1,587.49
101254 08/04/2005 000406 RIVERSIDE CO SHERIFFS DEPT OS/26/05-06l30/05:lawenforcement
1,179,470.47
1,179,470.47
101255 08/04/2005 000406 RIVERSIDE CO SHERIFFS DEPT Traffic Collision Invest/Reconstr.
423.00
423.00
101256 08/04/2005 000406 RIVERSIDE CO SHERIFFS DEPT Adv Traffic Collision:9/26-10/07 laReau
417.00
417.00
101257 08/04/2005 000406 RIVERSIDE CO SHERIFFS DEPT Tactical ResponseNiolence:I215-6 Alves
163.00
163.00
101258 08/04/2005 000406 RIVERSIDE CO SHERIFFS DEPT Int.Traffic Collision Tm:8/22-26105
125.00
125.00
101259 08/04/2005 000271 ROBERT BEINWM FROST &
Jun Consult Svc: 1-15/795 Ult. Intrchg
30,582.71
30,582.71
101260 08/04/2005 007113 RYLE, SHEILA H.
TCSD Instructor Earnings
1,811.91
1,811.91
Page:8
apChkLst Final Check List Page: 9
08104/2005 12:48:5SPM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101261 08/04/2005 000277 S & S ARTS & CRAFTS INC recreation supplies: SMART Prgm 1,487.53
Recreation Supplies: Summer Day Camp 295.88
recreation supplies: SMART Prgm 123.26 1,906.67
101262 08104/2005 000722 S. CALF ASSN CODE U.B.CJLegai Aspects: M.Ching 8126-27 130.00 130.00
-- -- -----
101263 08104/2005 005736 SAN BERNARDINO CO SHERiFFS motorcycle course:9/12-2310S Hughes 700.00 700.00
101264 08/0412005 007345 SAN DIEGO STATE U 5/01/05-04130/06 Tower Lease 5,040.00 5.040.00
101265 08/04/2005 000793 SCANTRON FPC CORPORATiON 18.000 inspection request fonns:B&S Dept 1.387.68 1,387.68
101266 08/04/2005 007896 SEEDEN, FRANCiNE Refund: SMART excurs:Reuben H. Fleet 10.00 10.00
101267 08104/2005 009083 SEGURA, TONi Refund: Basketball Skill Mini.Camp 295.00 295.00
101268 08104/2005 004609 SHREDFORCEINC Jul doc shredding svcs: Records Mgmt 110.00
Jul doc shredding svcs: P.O. O.T.Stn 32.50 142.50
101269 08/04/2005 004814 SIMON WONG ENGINEERiNG iNC Jun Dsgn Svcs: Main SI. Bridge PvJ03-oS 7,643.20 7.643.20
101270 08104/2005 000645 SMART & FiNAL INC ee luncheon supplies 7/28/OS 238.47
Recreation Supplies: Summer Day Camp 91.65
recreation supplies: Movies/Park Series 86.84
recreation supplies: SMART Prgm 73.51 490.47
101271 0810412005 005131 SMiTH, COLETTA Refund: Ballroom Dancing 36.00 36.00
101272 08/04/2005 009086 SMiTH. JUDiTH P. Refund:vendor fees/Bluegrass Festival 150.00 150.00
101273 08/04/2005 000537 SO CALIF EDISON Jui 2-00-397-5042 City Hall 9,233.02
Jul 2-02-502-8077 Maint Fac 2,689.90
Jul 2-00-397-5067 various mtrs 896.85
Jul 2-22-575-0876 Old Town Front St 355.08
JuI2.18.S28.9980 Santiago Rd 42.48 13.217.33
101274 08/04/2005 001212 SO CALIF GAS COMPANY Jul City facilities gas meter usage 1,983.89 1,983.89
Page:9
apChkLst
0810412005
12:48:55PM
Final Check List
CITY OF TEMECULA
Page: 10
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101275 08104/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: various park sites
pest control svcs: R.R. Sports Park
Jul-Aug pest control svcs: Fire Stn 84
Jul pest control svcs: Fire Stn 92
pest control svcs: T. Museum
pest control svcs: C. Museum
pest control svcs: Wedding Chapel
429.00
208.00
ao.oo
42.00
42.00
36.00
32.00
869.00
101276 08/04/2005 007851 SOUTHCOAST HEATING & AIR
repair reception office HVAC @ CRC
157.50
157.50
101277 08/04/2005 009084 SPECK, JENNIFER
Refund: Level 6 Swim Lessons/Julie
Refund: Level 4/5 Swim Lessons
32.50
32.50
65.00
101278 08/04/2005 000293 STADIUM PIZZA
refreshments:SMART Prgm 7/14/05
93.46
93.46
101279 08104/2005 008023 STATER BROTHERS MARKETS
refreshments:Mother/Son Date Nite 4/23
76.99
76.99
101280 08/04/2005 004570 STEPHEN G WHITE, MAl
Appraisal srvcs:CFD 03-01 Series B
16,000.00
16,000.00
101281 08/04/2005 007698 SWANK MOTIONS PICTURES,
"October Sky" rental: movie/pk 7/29
196.00
196.00
101282 08/04/2005 000305 TARGET BANK BUS CARD SRVCS recreation supplies: SMART Prgm
Recreation Supplies: Summer Day Camp
credit:items returned/SMART Prgm
122.73
45.33
-3.76
164.30
101283 08/04/2005 006465 TEMECULA AUTO REPAIR Medic Squad vehicle repair/maint svcs
90.00
90.00
101284 08/04/2005 006914 TEMECULA COPIERS INC. Jun copier usage chrgs:City Facilities
6,204.46
6,204.46
101285 08/04/2005 003677 TEMECULA MOTORSPORTS LLC motorcycle repair/maintTem.P.D.
motorcycle repair/maint:Tem.P.D.
motorcycle repair/maintTem.P.D.
motorcycle repair/maint:Tem.P.D.
motorcycle repair/maintTem.P.D.
781.18
61.20
61.20
54.79
24.17
982.54
101286 08/04/2005 006896 TEMECULA MUSIC ACADEMY INC TCSD Instructor Earnings
TCSD Instructor Earnings
140.00
70.00
210.00
101287 08/04/2005 000919 TEMECULA VALLEY UNIFIED Chaparral Pool Maint & Operation Expense
41,197.12
41,197.12
101288 08/04/2005 0037t5 TMT PATHWAY LLC paint supplies for PW stencil truck
3,507.27
3.507.27
101289 08/0412005 003633 TOLL ROADS, THE Apr-Jun toll road usage:various City
Jul toll roads usage: Fire Prey
45.30
5.65
50.95
Page:10
apChkLsI
0810412005
12:48:55PM
Final Check List
CITY OF TEMECULA
Page: 11
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101290 08104/2005 005937 TOMCZAK, MARIA T.
TCSD Instructor Earnings
138.60
138.60
101291 08/04/2005 004132 TRUCK HYDRAULIC EQUIPMENT inspection sves on PW boom truck
372.50
372.50
101292 08/04/2005 004895 TUMBLES, J.W. TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
231.00
134.40
77.00
77.00
519.40
101293 08/0412005 009081 UPS SUPPLY CHAIN SOLUTIONS Shipping Charges: Build/Skateboard Deck
21.50
21.50
101294 08/04/2005 006807 VANIA CONSTRUCTION Jun constr mgmt:Roripaugh Fire Sin 03-01
Jun Constr Mgmt: Community Theater
15.598.75
13,599.63
29,198.38
101295 08/0412005 004261 VERIZON Jul xxx-2016 reverse 911
Jul xxx-9Sg? general usage
Jul xxx-3526 fire alarm
Jul xxx-2676 general usage
219.22
90.56
84.91
28.30
422.99
101296 08/04/2005 004789 VERIZON ONLINE Jullntemet Svcs:PoJice Storefront
80.58
80.58
101297 08/04/2005 000339 WEST PUBLISHING CORP Jun City Hall legal publications
174.17
174.17
101298 0810412005 009085 ZAMISKI, JUDY
Refund: Level 3 Swim lessonslEddie
Refund: level 3 Swim lessons/Joey
42.50
42.50
85.00
Grand total for UNION BANK OF CALIFORNIA:
3.987,321.93
Page:11
apChkLsI Final Check List Page: 1
08111/2005 11 :43:22AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
544 0810312005 000166 FIRST AMERICAN TITLE Purch:APN 922-044-004 Old Twn 211,415.00 211,415.00
545 08/11/2005 000389 U S C M WEST (OBRA), OBRA ~ Project Retirement Payment 5,997.04 5,997.04
-- - --- --------- -
546 08/1112005 000444 INSTATAX (EDD) State Disability Ins Payment 20,107.38 20,107.38
547 08/1112005 000283 INSTATAX (IRS) Federal Income Taxes Payment 79.780.16 79,780.16
548 08/1112005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 18,996.55 18.996.55
549 0811112005 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 102.698.74 102,698.74
- ---- -- -----
550 08111/2005 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 62,258.07 62,258.07
551 08/11/2005 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,753.29
Child Care Reimbursement Payment 0.00 7,753.29
101299 08/1112005 009098 8 BRIGHT IDEAS LLC TCSD instructor earnings 315.00 315.00
101300 08/11/2005 003552 AFLAC AFLAC Cancer Payment 1,814.80 1,814.80
101301 08/1112005 004973 ABACHERLI, L1NDI TCSD instructor earnings 600.00 600.00
101302 08/11/2005 000733 ABBEY PARTY RENTS July 4th equip rental:Sports Park 627.00 627.00
101303 08/11/2005 000434 ACCELACOM RegistUser Conf:8122-25:Branaugh 725.00
RegistUser Conf:8122-25:Faris 725.00
RegistCXO Summit:8/21-22:Branaugh 199.00
RegistCXO Summit:8/21.22:Faris 199.00 1,848.00
101304 08/11/2005 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 37.70
Credit: returned case -20.00 17.70
101305 08/11/2005 009010 ALEXANDER PACIFIC Install electrical breaker @ CRC 290.00 290.00
101306 08/11/2005 003859 ALL ABOUT SELF STORAGE storage unit C351:C.Museum:13 mnths 3.003.00
storage unit C354:T.Museum:13 mnths 2,280.00 5,283.00
101307 08/11/2005 002877 ALTA LOMA CHARTER LINES SMART excursion bus:Science Ctr 701.75 701.75
Page:1
apChkLst Final Check List Page: 2
08111/2005 11:43:22AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Dele Vendor Description Amount Paid Check Total
101308 08/11/2005 009124 ALVARADO, CARMEN Refund: Security Depst: MPSC 150.00 150.00
101309 08/11/2005 004240 AMERICAN FORENSIC NURSES July blood/alcohol nurse stand by fee 600.00
Aug blood/alcohol nurse stand by fee 600.00
July DUI Drug & Alcohol Screening 170.00
July DUI Drug & Alcohol Screening 105.00 1,475.00
101310 08/11/2005 000936 AMERICAN RED CROSS Lifeguard training supplies:Aquatics 30.00 30.00
101311 08111/2005 008279 AMERICOMP INFOSYSTEMS INC Symantec Anti Virus t yr renewal 2,500.00
Computer supplies:Wstm Digital Dr 420.23 2,920.23
101312 08111/2005 009112 ANDERSON. TERRI Refund: Taekwondo Camp 43.00 43.00
101313 08111/2005 002187 ANIMAL FRIENDS OF THE July Animal control svcs 12,500.00 12,500.00
..... -..-
101314 08111/2005 003377 ANTIQUE & COLLECTABLES Advertising Old Town events 143.17 143.17
101315 08/1112005 000101 APPLE ONE INC Temp help PPE 7/23 J8IGK 1,188.00
Temp help PPE 7/23 Shenon 540.00 1,728.00
101316 08/11/2005 001323 ARROWHEAD WATER INC BoUled wtr svcs @ City Hall 295.68 295.68
101317 08111/2005 003203 ARTISTIC EMBROIDERY TCSD mntc staff shirts 1.438.46
TCSD mntc staff shirts & jackets 860.00 2,298.46
101318 08111/2005 004546 AUNT KIZZVl BOYZ Hot Summer Nights perionner 750.00 750.00
101319 08111/2005 002648 AUTO CLUB OF SOUTHERN Membership: Jim Heer 23291894 46.00
Membership: Rudy Shabec 14420053 46.00 92.00
101320 08/11/2005 008995 BALAKRISHNAN, PRIY A Refund: level 4/5 Swim lessons 40.00 40.00
101321 08/11/2005 009111 BALL, KIM Refund: lifeguard training 135.00 135.00
101322 08/11/2005 009113 BAXTER, DONNA Refund: Security Depst TCC 150.00 150.00
101323 08/11/2005 002381 BEAUDOIN. LINDA Retirement Medical Payment 598.10 598.10
101324 08/11/2005 004040 BIG FOOT GRAPHICS TCSD instructor earnings 700.00 700.00
Page2
apChkLst Final Check List Page: 3
0811112005 11 :43:22AM CITY OF TEMECULA
Bank: union UNION BANK OF CAUFORNIA (Continued)
Check # Dale Vendor Description Amount Paid Check Total
101325 08/11/2005 0091D6 BISHOP, GINA Refund: Skyhawks-Mighty Hawk 112.00 112.00
101326 08/11/2005 000128 BROWN & BROWN OF CALIF INC Insurance policy renewal: Mobile Equip 17,396.00 17,396.00
101327 08111/2005 005055 BROWN, STEVE Refreshment Staff working lunch mtg 58.70 58.70
101328 08111/2005 009105 BURFORO, DEBRA Refund: Lifeguard training 135.00 135.00
101329 08111/2005 002363 CCPOA RegistCrime Prev.Tmg:9113-16:Fanene 308.00 308.00
101330 08111/2005 003138 CAt MAT PW patch truck materials 1,475.26 1,475.26
101331 08111/2005 000647 CALIF DEPT OF CONSUMER Certificate: Ronald Parks 19744 150.00 150.00
101332 08/11/2005 007843 CALVARY CHAPEL BIBLE Refund: Picnic Shetter:Reagan Prk. 150.00 150.00
101333 08111/2005 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 31.11 31.11
101334 08111/2005 008644 CANTRELL, ROGER, AlA, AICP Jun planning architect review svcs 1,871.00 1,871.00
101335 08/11/2005 009110 CAREY, CORINNE Refund: Lifeguard training 135.00 135.00
101336 08/11/2005 000131 CARL WARREN & COMPANY INC Apr-Jun Claim adjuster services 2,167.05
Jul Claim adjuster services 139.20 2,308.25
101337 08/11/2005 009108 CARRIER. ROBIN Refund: Lifeguard training 135.00 135.00
101338 08/11/2005 002415 CASTLE AMUSEMENT PARK Summer day camp excursion 1,137.01 1,137.01
101339 08/11/2005 002534 CATERERS CAFE refreshments:Comm. Park Tours 97.55 97.55
101340 08111/2005 002358 CERTIFIED FOLDER DISPLAY Rack Brochure Distribution svcs 23,068.15 23,068.15
101341 08/11/2005 009114 CHAVEZ, LEONOR Refund: Security DepstCRC 400.00 400.00
101342 08/11/2005 005417 CINTAS FIRST AID & SAFETY First aid supplies: PW Mntc 234.09
First aid supplies: CRC 86_07 320.16
Page3
apChkLst
08111/2005
11 :43:22AM
Final Check List
CITY OF TEMECULA
Page: 4
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101343 08/11/2005 005708 CLEAR CHANNEL
Hot Summer Nights Broadcasting svcs
Hot Summer Nights Broadcasting svcs
691.00
252.00
943.00
101344 08/11/2005 004405 COMMUNITY HEALTH CHARITIES Community Heafih Charities Payment
122.00
122.00
101345 08/11/2005 005146 CONTRERAS. SYLVIA Refund: Secunty Oepst: TCC
400.00
400.00
101346 08111/2005 009115 COOK. DEBRA Refund: Security Depst: TCe
150.00
150.00
101347 08111/2005 006954 CRAFTSMEN PLUMBING & HVAC Clean out drain @ Regan Sprts Prk
Plumbing repairs @ Hintergardt Prk
700.00
420.00
1,120.00
101348 0811112005 009117 DAUER, JULIE Reimb:Grants Sem:7/25-27/05
147.08
147.08
101349 0811112005 003945 DIAMOND ENVIRONMENTAL portable restroom: Duck Pond Movies
Portable restrooms:C.Museum 8/1-28/05
257.33
111.55
368.88
101350 08111/2005 002701 DIVERSIFIED RISK July special events premiums
2,393.64
2,393.64
101351 08111/2005 000609 OOUBLETREE HOTEL
HtI:Wstm Arts Conf:9/6-11:Beers
727.24
727.24
101352 08111/2005 004192 OOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSO
Fuel for City vehicles:CIP/Land
Fuel for City vehicles: PW Mntc
Fuel for City vehicles:Bldg & Safety
Fuel for City vehicles:PlanninglPolice
Fuel for City vehicles: Traffic
Fuel for City vehicles: CIP
Fuel for City vehicles: TCSD
1,008.76
896.00
785.20
630.Q7
551.24
269.62
265.40
42.04
4,448.33
101353 08111/2005 005115 ENTERPRISE RENT A CAR INC 7/14:Teen Excursion Van Rental
7/14:Teen Excursion Van Rental
7/29:Teen Excursion Van Rental
7/22:Teen Excursion Van Rental
7/22:Teen Excursion Van Rental
7/08:Teen Excursion Van Rental
7/08:Teen Excursion Van Rental
256.82
230.21
141.72
116.17
116.17
70.86
70.86
1,002.81
101354 08111/2005 001056 EXCEL LANDSCAPE
July Idscp impr:Vail Ranch
Credit:Duplicate biUing:wrk order 8964
902.83
-288.20
614.63
101355 08111/2005 000165 FEDERAL EXPRESS INC
Express mail services
144.31
144.31
101356 08/11/2005 000206 FEDEX KINKOS INC
Stationery paper/mise supplies:Copy Ctr
32.06
32.06
Page:4
apChkLst Final Check List Page: 5
08111/2005 11 :43:22AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101357 08111/2005 009102 FENELON, MARIA Refund: Level 3 S'Nim Lessons 40.00 40.00
101358 0811112005 000166 FIRST AMERICAN TITLE Lot book report: Miller/Gosse 75.00 75.00
101359 08111/2005 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
101360 08111/2005 000170 FRANKLIN QUEST COMPANY INC Day timer supplies - Planning 34.44 34.44
101361 08/1112005 004178 FREEDOM SIGNS Fae impr prgm: Psychic-L.Marks 1,837.54 1,837.54
101362 0811112005 009065 FUNIGA, MANUEL 6118.19 Street painting artist 400.00 400.00
101363 0811112005 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 1,024.00
Printer toner supplies:Citywide 168.10 1,192.10
101364 0811112005 000186 HANKS HARDWARE INC Hardware supplies:TCSD 836.86
HardlNBre supplies:PW Mntc/Trffc 446.57
Hardware supplies: City Hall 118.54
HardlNBre supplies: CRC 52.75
Hardware supplies: TCC 34.87
HardlNBre supplies: Aquatics 25.84
Hardware supplies: Old Town Area 5.13
HardlNBre supplies: Sr Center 1.82 1,524.38
101365 08111/2005 002372 HARMON, JUDY TCSD instructor earnings 743.23 743.23
101366 08111/2005 001135 HEALTHPOINTE MEDICAL Jun Pre-employment physicals 575.00
Employee first aid care 156.50
Jun Pre-employment physicals 50.00
Employee first aid care 37.75
May Pre-employment physicals 33.00 852.25
101367 08/11/2005 009107 HEATH,KAYLA Refund:Ufeguard tmg A1icialSasha 270.00 270.00
101368 08111/2005 002107 HIGHMARK INC Voluntary Supp Ufe Insurance Payment 734.90 734.90
101369 08111/2005 00n92 HINTON, BEVERLY L TCSD instructor earnings 301.70 301.70
101370 08111/2005 005748 HODSON, CHERYL A Support Payment 67.51 67.51
101371 08111/2005 006782 HOGAN,KAREN Refund: Lifeguard training 135.00 135.00
PageS
apChkLsl Final Check Ust Page: 6
08l11/2OQ5 11 :43:22AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101372 08/1112005 009109 HUSER,REBECCA Refund: JW Tumbles Summer Camp 165.00 165.00
101373 08111/2005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 9,214.95 9,214.95
101374 08111/2005 009103 INDEPENDENT PROPERTIES. INC Refund: Lifeguard training 135.00 135.00
101375 08111/2005 009116 INGRAM, VANESSA Refund: Permit fees for canopy sign 135.00 135.00
101376 08111/2005 000501 INTL INSTITUTE OF MUNICIPAL Membership: Susan Jones 150.00 150.00
101377 08111/2005 001186 IRWIN, JOHN TCSD instructor earnings 991.20 991.20
101378 08111/2005 009104 JEFFERS, MICHAEL Refund: Lifeguard training 135.00 135.00
101379 08111/2005 009126 JOSE, NILO Reimb:NtI Gang Conf:7/18-21/05 41.52 41.52
101380 08111/2005 003046 KFROG95.1 FMRADIO Hot Summer Nights Broadcasting sves 2,120.00 2,120.00
101381 08/1112005 001091 KEYSER MARSTON ASSOCIATES July Affordable housing analysis 2,315.64 2,315.64
101382 08111/2005 001282 KNORR SYSTEMS INC Aquatic - Pool equip repair parts 664.13 664.13
101383 08111/2005 008715 KRAMER FIRM INC Jun-Jul planning architect review sves 8,000.00 8,000.00
101384 08/1112005 004062 KUSTOM SIGNALS INC Police motorcycle radio & equip 5,409.57 5,409.57
101385 08/11/2005 003605 LAKE ELSINORE STORM Ticket sales for 8/12/05 game 310.00 310.00
101386 08111/2005 008700 LAKE MANAGEMENT INC July wlr quality mntc:Harveston lake prk 4.000.00 4,000.00
101387 08111/2005 005328 LAMBS OF LIFE BIBLE CHURCH Refund: Security Depst: CRG 150.00 150.00
101388 0811112005 004087 LOWES INC Res impr prgm: Jacobson 1,358.00 1,358.00
101389 08111/2005 004772 MAACO AUTO PAINTING & City vehicle repair/maint svcs: B&S Dept 165.45 165.45
PageS
apChkLst Final Check List Page: 7
08111/2005 11 :43:22AM CITY OF TEMECULA
Bank: union UNION BANK OF CAUFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101390 08/11/2005 003782 MAIN STREET SIGNS -No Stopping Any Time- signs: PW Maint 662.66 662.66
101391 08/11/2005 000394 MAINTENANCE Annual MSA Canf:R.West 9/27-29/05 380.00 380.00
-- ----_.~_..__.
101392 08/11/2005 004141 MAINTEX INC custodial supplies:Old Town 542.97
custodial supplies:C. Museum 265.51
custodial supplies:T. Museum 215.93 1,024.41
101393 08/11/2005 004068 MANALlLI, AilEEN TCSD Instructor Earnings 341.25
TCSD Instructor Earnings 236.25
TCSD Instructor Earnings 196.00
TCSD Instructor Earnings 116.38
TCSD Instructor Earnings 92.75
TCSD Instructor Earnings 78.75
leSD Instructor Earnings 28.00 1,089.38
101394 08/11/2005 001967 MANPOWER TEMPORARY Temp help w/e 07/10 JD/AClJGlDH 3,028.30 3,028.30
101395 08/11/2005 009078 MARTINEZ, REBECA Refund: Level 6 Swim LessonsIXenia 42.50
Refund: Toddler Swim Lessons/Larah 42.50 85.00
101396 08/11/2005 009118 MASONIS, SHERREll Refund: Taekwondo Camp III/IV 43.00 43.00
101397 08/11/2005 002693 MATROS, ANDREA TCSD Instructor Earnings 315.00
TCSD Instructor Earnings 147.00 462.00
101398 08/11/2005 000220 MAURICE PRINTERS INC Qty 400 CIP/AOB Covers: Finance 1,074.27
Qty 1000 AOS Tab Dividers: Finance 696.07
Oty 33,000 blank stock paper:Finance 693.91
Oty 600 CIP Tab Dividers: Finance 535.52
Oty 200 Combs for CIP/AOB p~t: 413.76 3,413.53
101399 Oa/ll/2005 009123 MCCANN, JAMES refund: lifeguard training 135.00 135.00
101400 08/11/2005 006571 MELODY'S AD WORKS Aug Hot Summer Nights Promotions 4,300.00 4,300.00
101401 08/11/2005 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,426.70 8,426.70
101402 08/11/2005 001905 MEYERS, DAVID WilLIAM TCSD Instructor Earnings 840.00
TCSD Instructor Earnings 420.00 1.260.00
101403 08111/2005 007669 MilES. KATRINA TCSD Instructor Earnings 294.00 294.00
Page:7
apChkLst
08111/2005
11:43:22AM
Final Check List
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CAUFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101404 08111/2005 008091 MILLMORE'S WAX CREW
City vehicles detailing svcs: CIP/Land
City vehicles detailing svcs: B&S Dept
City vehicles detailing svcs: PW Depts
125.00
105.00
100.00
330.00
101405 0811112005 001384 MINUTEMAN PRESS
letterheadlenvelopes:Bldg & Safety Dept
253.36
253.36
101406 08/11/2005 004566 MOORE FENCE COMPANY
Res Impr Prgm: Ritter/Williams
2,070.27
2,070.27
101407 0811112005 009119 MORALES LOPEZ, ARTEMIO
Refund: Sec. Deposit Tee
150.00
150.00
101408 08/11/2005 007011 MORRIS MEYERS MAINTENANCE Jul mojnt svcs:park r.r.lpicnic shelters
5,354.00
5,354.00
101409 08/11/2005 004522 MULLlGANS FAMILY FUN
Summer Day Camp Excursion: 8/3105
152.83
152.83
101410 08111/2005 001986 MUZAK -SOUTHERN CALIFORNIA Aug music broadcast:Old Town
Jul music broadcastOld Town
69.11
69.11
138.22
101411 08111/2005 002925 NAPAAUTOPARTS
mise parts for PW Maint equipment
38.77
38.77
101412 08111/2005 002139 NORTH COUNTY TIMES 'Every 15 Min Prgm' ad:Police
Jul public notices: City ClerkfPWlPln
1,387.68
770.22
2,157.90
101413 08111/2005 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMojnt Sves
650.60
650.60
101414 08111/2005 002668 OMEGA lAKE SERVICES Jul Duck Pond water maint. sves
1,768.00
1,768.00
101415 08111/2005 008696 OPTIMETRICS INC FY 05106 First Resp. License/Maint
2,846.00
2,846.00
101416 08111/2005 003955 PANE CONSULTING SERVICE supplies for Children's Museum
921.26
921.28
101417 08111/2005 001958 PERS LONG TERM CARE PERS Long Term Care Payment
288.55
288.55
101418 08111/2005 000249 PETTY CASH Petty Cash Reimbursement
731.29
731.29
101419 0811112005 000580 PHOTO WORKS OF TEMECULA Jul film/photo development: PW
24.56
24.58
101420 08111/2005 008916 PORTSMOUTH CONSTRUCTION pmt #1:Citywide Concrete Repairs 05-03
56,630.50
56.630.50
101421 08111/2005 009122 POST. J'w.
refund: lifeguard training/Anthony
refund: lifeguard training/Kristen
135.00
135.00
270.00
PageS
apChkLst Final Check List Page: 9
08/11/2005 11 :43:22AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101422 08/1112005 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 359.75 359.75
101423 08/11/2005 008964 PULSIFER, JAMES performance: Hot Summer Nights 7/29/05 650.00 650.00
101424 0811112005 001416 QUICK CRETE PRODUCTS INC signs for Harveston Community Sports Prk. 2,676.51 2.676.51
101425 08111/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 22,796.48
Various Water Meters 723.17
Jul 01-06-84353-0 Gateway Idscp 139.43
Various Water Meters 67.26
Jul 01-06-84650-2 Gateway Ldscp 31.20
Jul 01-06-65006-0 Community Theater 12.36 23,769.90
101426 08111/2005 000947 RANCHO REPROGRAPHICS dup.blueprints:Maint Fac 446.09
dup. blueprints: Pechanga Soundwall 143.52
dup.blueprints: B&S Dept 89.22 678.83
101427 08111/2005 004584 REGENCY LIGHTING electrical supplies:var park sites 65.73 65.73
101428 08111/2005 002907 REINHART FONTES ASSOCIATES Real Estate Appraisal for APN X-020 3,250.00 3,250.00
101429 08111/2005 000418 RIVERSIDE CO CLERK & Recording fees (T.JJA.S.lS.M.):RDA 84.00 84.00
--------
101430 08111/2005 000418 RIVERSIDE CO CLERK & Recording Fees (IV/RFILNlWB):RDA 47.00 47.00
~~------
101431 08111/2005 005026 ROAD WORKS. INC. Traffic Control Cert. Sem.:l0/19-20105 150.00 150.00
101432 0811112005 007110 RODRIGUEZ, LIDIA Refund:Sec. Deposit/Room Rental CRG 505.00 505.00
101433 0811112005 008812 ROMANO, BEATRICE performance: Hot Summer Nights 8/5/05 500.00 500.00
101434 08/11/2005 005329 SAFE AL TERNA TIVE FOR Refund: Sec. Deposit CRC 150.00 150.00
-- ---- - --
101435 0811112005 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 990.74
SafeGlJard Vision Plan Payment 0.00 990.74
101436 08/1112005 008693 SALAZAR, DONALD (SWD 000053) Support Payment 283.50 283.50
101437 0811112005 007233 SAN BERNARDINO. COUNTY OF mtrcycle basic academy:Schreiber/Deloss 168.16 168.16
Page9
apChkLst Final Check List Page: 10
08111/2005 11 :43:22AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101438 08/11/2005 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00
101439 08/11/2005 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581095025 12.50 12.50
101440 08/11/2005 006537 SANDERS, SHELBY perfonnance: Hot Summer Nights 7/22105 400.00
perfonnance: Hot Summer Nights 718105 400.00 800.00
101441 08/11/2005 006714 SHERATON HOTEL HtI:CXO Summit/Accela Cf:8121-24105 1,538.86 1,538.86
101442 08/11/2005 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2005022657 103.47 103.47
101443 08/11/2005 000645 SMART & FINAL INC Recreation Supplies: Aquatics Prgm 171.85
Rec supplies: Teen Prgm 93.31
Family Fun Nights supplies 55.41
Family Fun Nights supplies 42.93 363.50
101444 08/11/2005 000537 SO CALIF EDISON Aug 2-01-202-7330 Citywide street lights 46,909.07
Aug 2-01-202-7603 various mtrs 17,438.62
Aug 2-02-351-5281 CRC 8.4n.32
JuI2-05-791-8807 various mtrs 4,603.26
Aug 2-20-798-3248 C. Museum 2,760.29
Aug 2-02-351-4813 Harveston Dr 1,843.20
Aug 2-06-105-0654 various mtrs 1,616.15
Aug 2-10-331-1353 Fire Stn 84 1.538.18
Aug 2-10-331-2153 TCC 1,519.57
Jun 2-19-683--3263 From Street Ped 1,179.90
Aug 2-27-303-5568 Rancho Calif. Rd 65.29 87,950.85
101445 08/11/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: CRC 90.00
pest control svcs: City Hall 56.00
pest control svcs: Maint Fac 40.00
pest control svcs: TeC 36.00
pest control svcs: MPSC 29.00 251.00
101446 08/11/2005 000293 STADIUM PIZZA refreshments: SMART Prgm 7/28/05 97.22 97.22
101447 08/11/2005 009120 STANDARD ELECTRONICS Refund:overcharged permit FOS-0274 100.00 100.00
101448 08/11/2005 00n62 STANDARD OF OREGON Mandatory Life Insurance Payment 2.598.75 2,598.75
101449 08111/2005 001546 STRAIGHT LINE GLASS INC Res Imp Prog: Hamisch, Robert & Erika 925.64
replace broken glass @ CRG 602.14 1,527.78
101450 08/11/2005 007698 SWANK MOTIONS PICTURES, .Chicken Run" rental: movie/pk 8/05 196.00 196.00
Page:t 0
apChkLst Final Check List Page: 11
08111/2005 11 :43:22AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101451 08/11/2005 008804 SYMPROINC FYOSl06 SymPro Annual MaintlSupport 3,879.00 3,879.00
101452 08/11/2005 000305 TARGET BANK BUS CARD SRVCS recreation supplies:C. Museum 146.54
recreation supplies:C. Museum 144.65
recreation supplies:Teen Prgm 70.01
recreation supplies:Teen Prgm 53.86 415.06
101453 08/11/2005 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,100.00 4,100.00
101454 08/11/2005 006914 TEMECULA COPIERS INC. copierlfax machine supplies:Central Svcs 1,469.71 1.469.71
101455 08/11/2005 000168 TEMECULA FLOWER CORRAL Sunshine Fund 161.52 161.52
101456 08/11/2005 005412 TEMECULA GAROEN & POWER small equip repairs & parts: PW Maint 28.19
small equip repairs & parts: PW Maint 22.36 SO.55
101457 08111/2005 006896 TEMECULA MUSIC ACADEMY INC TCSD Instructor Earnings 280.00 280.00
101458 0811112005 000307 TEMECULA TROPHY COMPANY Skate Challenge Awards 5/21/05 75.43
Winter '05 Basketball League Awards 65.19
TCSD basketball league awards 65.19
ee/qtr recognition award: F. Carranza 61.63
Recognition PlatelJun '05: Econ Dev 11.15 278.59
101459 08111/2005 000306 TEMECULA VALLEY PIPE & misc irrigation/plumbing supplies: var prks 4.18 4.18
101460 08111/2005 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:Police D.T. Stn 99.40
duplicate keys:TCSD 36.20 135.60
101461 08111/2005 003862 THYSSENKRUPP Jul-Sept elevator maint:City Facilities 1,090.85
..--- --..-.
Credit:Jul-Sept elevator maint:City -70.85 1,020.00
101462 08/11/2005 003715 TMT PATHWAY LLC stencil paint for PW Maint Stencil Crew 2,714.24 2,714.24
101463 08111/2005 009121 TOMASZEWSKI, JEFFREY Refund: lifeguard training 135.00 135.00
101464 08/11/2005 008125 TOTTEN, MICHELLE, M. TCSD Instructor Earnings 105.00
TCSD Instructor Earnings 105.00
TCSD Instructor Earnings 52.50 262.50
101465 08/11/2005 004132 TRUCK HYDRAULIC EQUIPMENT repair/maim on boom truck: PW Maint 3n.31 3n.31
Page:11
apChkLst
08111/2005
11 :43:22AM
Final Check List
CITY OF TEMECULA
Page: 12
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101466 08/11/2005 004895 TUMBLES, J.W.
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
385.00
336.87
166.33
144.38
77.00
66.52
1,176.10
101467 08/1112005 009125 TYDINGCO. JUDITH
refund: Level 6 Swim Lessons
17.50
17.50
101468 08111/2005 002702 US POSTAL SERVICE
Postage meter deposit
3.378.88
3.378.88
101469 08111/2005 007766 UNDERGROUND SERVICE ALERT Aug undrgmd svcs alert tickets:PW
148.80
148.80
101470 08111/2005 000325 UNITED WAY
United Way Charities Payment
223.65
223.65
101471 08111/2005 004819 UNUM LIFE INS. CO. OF AMERICA Long Term Disability Payment
7,312.94
7,312.94
101472 0811112005 004261 VERIZON
Jul xxx-5509 general usage
Jul )Q()(-1540 general usage
Jul xxx-1999 general usage
Jul xxx-0049 general usage
Jul xxx-6620 general usage
148.31
90.57
33.17
28.31
27.34
327.70
101473 08111/2005 004279 VERIZONCALlFORNIAINC.
Jul access-C. Museum phone line
Jul access-CRG phone line
705.08
352.97
1,058.05
Grand lotal for UNION BANK OF CALIFORNIA:
910,396.82
Page:12
ITEM 4
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FIN r.1f/
CITY MANAGER'I:. [-j J I
{, V'
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Council
Jim O'Grady, Assistant City ManagQ-~
August 23, 2005 U
DATE:
SUBJECT:
Resolution of Opposition to Senate Bill S. 1504-Broadband Investment and
Consumer Choice Act of 2005
PREPARED BY: Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 05_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA OPPOSING SENATE BILL 1504 KNOWN AS THE
"BROADBAND INVESTMENT AND CONSUMER CHOICE ACT" (S.
1504), URGING CONGRESSIONAL REPRESENTATIVES TO
REFRAIN FROM ANY FORM OF SUPPORT OR CO-SPONSORSHIP
OF S. 1504 AND TO VOTE IN OPPOSITION TO S. 1504, AND
DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE
CALIFORNIA CONGRESSIONAL DELEGATION, OTHER MEMBERS
OF CONGRESS AS DEEMED APPROPRIATE, AND THE
PRESIDENT OF THE UNITED STATES
BACKGROUND: Senators Ensign and McCain have introduced the Broadband Investment
and Consumer Choice Act (S.1504). This legislation is an attempt to remove the lawful power
of state and local elected leaders, to undermine the principles of federalism, and to create an
unnecessary and unwarranted subsidy-out of the budgets of local governments-for an already
healthy & wealthy private telecommunications sector. It has been estimated by one member of
the National Association of Telecommunications Officers and Advisors (NATOA) that the bill
would immediately cost local governments on the order of $300 million per year in lost franchise
fees alone, and much more in the future.
If approved, S.1504 legislation will:
. Eliminate all current cable franchising authority
. Preempt all current cable franchise agreements
. Eliminates the 5% cable franchise fee and replaces it with a fee that must be both
"reasonable" and limited to rights-of-way management costs and also not exceed 5%, an
then allows industry to petition the FCC to reduce the fee still further-this results in a
huge subsidy to industry, paid for out of local government budgets
R:\ADAMSAICQUNCIL\S 1504-celllowers.doc
. Substantially reduces the revenues that are includable in the definition of "Gross
Revenues" so that, even if the 5% franchise fee were left untouched, local governments'
fee reyenues would decline significantly due to the much small revenue base
. Restricts PEG to a maximum of 4 channels
. Eliminates all PEG support
. Moves all customer service issues to the FCC, to be enforced only by the State PUC
. Eliminates any build-out requirements for any video service provider
. Prohibits the imposition of any fee for issuance of rights-of-way construction permits
. Removes current federal law protections against preemption of local zoning decisions
relating to cell towers
Cable franchise fees are a significant revenue source to the City of Temecula and therefore it is
staff's recommendation to protect these reyenues by opposing S.1504.
If the City Council chooses to pass this resolution, staff will prepare letters of opposition to
appropriate legislators at both the State and Federal level.
FISCAL IMPACT: None
R:\AOAMSA\CQUNCll\S 1504-cell towers.doc
RESOLUTION NO. 05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, EXPRESSING OPPOSITION TO
SENATE BILL 1504 KNOWN AS THE "BROADBAND
INVESTMENT AND CONSUMER CHOICE ACT" (S.
1504), URGING CONGRESSIONAL REPRESENTATIVES
TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-
SPONSORSHIP OF S. 1504 AND TO VOTE IN
OPPOSITION TO S. 1504, AND DIRECTING THAT THIS
RESOLUTION BE FORWARDED TO THE (Insert State
Name Here) CONGRESSIONAL DELEGATION, OTHER
MEMBERS OF CONGRESS AS DEEMED
APPROPRIATE, AND THE PRESIDENT OF THE UNITED
STATES
WHEREAS, on August 2, 2005, Senators John Ensign and John McCain introduced the
Broadband Inyestment and Consumer Choice Act of 2005 (S. 1504); and
WHEREAS, the City Council of the City of Temecula opposes the passage of S. 1504
because:
. The bill would preempt all local authority oyer the provision of cable and yideo
services within the community, including the ability of the local goyernment to
proYide appropriate oyersight to entities conducting business within their
jurisdiction and in the local public rights-of-way;
. The City's negotiated contract with its cable operator would be abrogated under
the terms of the bill;
. The bill would substitute a new compensation methodology on the parties to the
City's existing franchise contract, depriving the City of the agreed-upon bargain
by lowering the existing franchise fee and replacing it with a fee which must be
justified as being "reasonable" in the eyes of the user, limited to management
costs (which denies the rights of the property owner to obtain fair and
reasonable compensation for the use of public property for priyate gain), and
not in excess of 5%;
. These requirements and restrictions would result in the creation of a subsidy to
the cable and telecommunications industries; at the expense of the City's
taxpayers;
. The bill would further substantially reduce the reyenues that are now includable
in the definition of "Gross Reyenues" so that eyen if the franchise fee did in fact
remain at 5%, the City's reyenues from the fee would be significantly less due
to the smaller revenue base;
C:\Doclments and Set1ings\Aaron.Adams\Oesktop\Reso. cell towet.doc
. The bill would substantially reduce the amount of capacity which may be
required by local governments to meet their public, educational and
goyernment ("PEG") access needs, while stripping the City of the ability to
obtain capital support for the use of PEG capacity - part of the bargain
contained within the City's negotiated franchise agreement - with the result that
the community's cable-related needs and interests would not be met;
. The bill would depriye local citizens of the ability to address local issues locally,
by remoYing to the state all customer service issues, and further by denying
consumers any form of recourse for any actions of a communications provider;
. The bill would eliminate any build-out requirements for any yideo service
proYider, thereby allowing proYiders to discriminate based on the wealth of the
local neighborhoods they choose to serve;
. The bill would preempt any state or local law that is not generally applicable to
all businesses, thereby potentially preempting any law applicable to only
certain classes of businesses, such as utilities and rights-of-way users (such as
requiring undergrounding of facilities and ensuring electric code compliance);
. The bill would prohibit the City from imposing any fee for issuance of rights-of-
way construction permits yet would require the City to act on requests for
permits in a timely manner as determined by the FCC, thereby insinuating
inappropriate federal goyernment inyolyement in the basic day-to-day
management of local rights-of-way;
. The bill would prohibit municipalities and their utilities from proYiding
communications services without giYing a right of first refusal to priyate
industry, and would then grant industry unfettered access to all municipal
facilities and financing in the eyent priyate industry chooses to proYide
services;
. The bill would deprive the City of the authority to establish and maintain
government owned and operated networks, known as institutional networks,
that may be utilized by first responders and other goyernment officials in the
day-to-day management of the City's business;
. The bill would permit broadened preemption of local zoning decisions relating to
the placement of cell towers, depriYing the City of the authority to ensure that
such towers are safely and appropriately located in areas to proYide the
greatest degree of services without unnecessarily posing a hazard to the public
health, safety and welfare; and
. The bill would eliminate the protection the City currently has against liability for
damages and attorneys fees in lawsuits brought by communication service
proYiders against local goyernments, a type of litigation that the bill would seem
to invite service proYiders to bring.
C:\Doct.mentsand SetlingslAaron.Adams\DesklDp\Re$o_ceIltower.ooc
2
WHEREAS, for these reasons, the City Council finds that it should oppose S.
1504 and urges the 49th Congressional Delegation and other members of Congress to
oppose S. 1504; and
WHEREAS, the City Council finds that this Resolution should be forwarded to the
4gth Congressional Delegation, other members of Congress as deemed appropriate,
and to the President of the United States.
NOW, THEREFORE, be it resolyed that the City Council City of Temecula
declares its opposition to S. 1504 and urges the 49th Congressional Delegation and all
other members of Congress to oppose S. 1504. The City Council hereby directs that
this Resolution be forwarded immediately to the 49th Congressional Delegation, other
members of Congress as deemed appropriate, and to the President of the United
States.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 23rd day of August, 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 meeting thereof held on the 23rd day of August 2005, by the following
vote:
AYES:
NOES:
COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
COUNCILMEMBERS: None
C:\Do(UTlenlsandSetlIng$\Aaron.Ad3lTlS\oesldop\Reso-ceUtower.doc
3
ABSENT:
COUNCILMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: None
C:\Documents and Setting$\Aan:ln.Adams\Desktop\Reso. CElli tower.do<:
4
Susan W. Jones, CMC
City Clerk
.
ITEM 5
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
Jim O'Grady, Assistant City ManageC)(NY""'
August 23,2005 U' -
TO:
DATE:
SUBJECT:
Commissioner Term Limits (At the request of Councilmember Washington)
PREPARED BY:
Barbara Osborne, Management Assistant
RECOMMENDATION: Receive and file.
BACKGROUND: At the July 12, 2005 meeting of the City Council, CouncilmemberWashington
requested that staff research what other California cities and specifically member cities ofWRCOG
have implemented as far as term limits for their respective commissioners.
Attached is a memo that summarizes the data collected by staff.
FISCAL IMPACT:
None at this time.
ATTACHMENTS:
Commissioner Term Limits Memo
R:\OsbomeB\Term limits\Washington Term Urnts Staff Report.doc
CITY OF TEMECULA
CITY MANAGER DEPARTMENT
MEMORANDUM
TO: Chuck Washington, Shawn Nelson, Jim O'Grady
CC: Aaron Adams
FROM: Barbara Osborne
DA TE: August 8, 2005
SUBJECT: Commissioner Term Limits
The following information has been gathered in regards to Commissioner term limits.
We sent out a listserve email asking California Cities to respond as to whether or not
they had term limits for their commissioners. We also specifically contacted cities in
WRCOG to see what cities in our area haye term limits for their commissioners. In
addition, the ayerage number of years served by both current and prior commissioners
in the City of Temecula are presented.
Survey of California Cities
A total of sixty-seyen California Cities responded to our Commissioner Term Limit survey.
The majority of the city respondents (39 cities or 58 %) reported that while they do haye
established terms for their commissioners, they do not limit the number of terms a
commissioner can serve. Two of the cities that do not haye term limits, Napa and
Woodland, told us that they did haye them in the past, but both cities abolished them about
two years ago due to difficulty in recruiting and retaining commissioners.
Twenty-eight (42%) of the cities that responded to our survey do haye term limits for
their commissioners. Terms range from 1 to 4 years, and the number of consecutiye
terms commissioners are limited to range from 2-8. The oyerall number of consecutiye
years a commissioner can serve is dependant on the number of years in a term
multiplied by the number of consecutiye terms which they are permitted to serve. The
term lengths and consecutiye term limits are different in each city, but oyerall
commissioners in these cities are limited to serving from 6 to 12 years. For oyer half of
the responding cities that do have term limits, commissioners are limited to serving 8
consecutiye years only. For most of these cities, a commissioner who has served the
maximum number of terms or years must sit out for a specified period of time, from one
year to one term, before they are permitted to be re-appointed to the same commission.
R:\OSBORNEBl TERM L1MITSIMEMO - COMM TERM LIMITS. DOC
8/11/05
Overall Tenn Limits in Years
. 6 Years
0717.5 Years
11%
o 8 Years
09 Years and
Over
WRCOG Cities
Of the thirteen cities that are members ofWRCOG, three cities (23%) haye term limits for
their commissioners. These cities include Corona, Murrieta and Riverside. The terms of
their commissioners range from 3-4 years, and all haye a limit of 2 terms.
City of Temecula Commissioners
The fOllowing tables show the ayerage number of years served by both current and prior
City of Temecula Commissioners.
Current Commissioners
Planning Commission
Community Services Commission
Public{Traffic Safety Commission
Old Town Local Review Board
Ayg # of years served as of today
5.0
6.6
2.3
5.2
Prior Commissioners
Planning Commission
Community Services Commission
Public{Traffic Safety Commission
Old Town Local ReYiew Board
Ayerage number of years served
3.6
3.7
3.8
2.6
R:\OSBORNEBl TERM LlMITS\MEMO - COMM TERM LIMITS. DOC
8111/05
ITEM 6
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
August 23, 2005
SUBJECT: Reimbursement Agreement with Rancho California Water District for and the Cities of
Temecula and Murrieta for the Acquisition of Aerial Imagery and Digital Elevation Data
Prepared By: John De Gange, GIS Administrator
RECOMMENDATION: Approve a Reimbursement Agreement with Rancho California Water
District (RCWD) for the Acquisition of Aerial Imagery and Digital Elevation Data and allocate
$162,000.00 from the Information Systems Fiscal Year 2005-2006 Capital Budget to cover the cost
of the City's share for the project.
BACKGROUND: City Staff has been working with RCWD and City of Murrieta staff in
developing a mutual agreement for the purchase of digital aerial imagery data. Digital aerial imagery
(digital ortho-photography) will provide all city departments with high-resolution aerial photographs
with geographically rectified contour lines at two-foot intervals. This data can be used by the Public
Works Department for detailed design work for City projects (and can potentially be sold to
consultants and developers). This data will also be utilized by the GIS Division to enhance its
database and increase its mapping and analysis capabilities, and provide for three-dimensional
modeling capabilities in support of all departments within the City.
The establishment of this mutual agreement with the RCWD and Murrieta results in a significantly
lower cost for the project and as a result of the lower cost the project area can be expanded. Prior
to the preparation and approval of the Fiscal Year 2005/2006 budget it was estimated that the cost
of this project to the City without this arrangement with Rancho Water and Murrieta would have been
$600,000.00. Though Temecula, RCWD and Murrieta are the current agencies involved in this
agreement, ongoing discussions are taking place with other jurisdictions for possible inclusion within
the project which could further reduce the cost to the participating agencies. The $162,000.00
allocated within the budget represents the maximum potential cost to the City.
Because RCWD's area of interest is considerably larger than the respective boundaries of
Temecula and Murrieta, they will be responsible for 50% of the overall cost of the project and
Temecula and Murrieta will each bear 25% of the cost. RCWD is also the lead agency, and will be
R:\GIS\De Gange\DEGANGEJ\GIS\digorthorancowaterreimbagree.cc05.doc
I
administering the contract. This reimbursement agreement is the device to be used for the City to
pay its share of the contract.
In the coming weeks, all agencies involved in the project will meet with and evaluate vendors to
select the type of technology to be utilized and the company to perform the work. It is anticipated
that the flight where the imagery will be taken will take place around the first part of 2006.
FISCAL IMPACT: The City's contribution for the project has been determined to be a maximum of
$162,000.00 which constitutes 25% of the overall estimated contract. Rancho California Water
District will be responsible for 50% of the contract costs and the City of Murrieta is responsible for
25%. This amount has been allocated within the FY 2005/2006 Information Systems Capital
Budget.
ATTACHMENTS: The Draft Agreement entitled: Reimbursement Agreement Between Rancho
California Water District and the Cities of Temecula and Murrieta for the Acquisition of Aerial
Imagery and Digital Elevation Data.
R:\GIS\De Gange\DEGANGEJ\GIS\digorthorancowaterreimbagree.cc05.doc
2
REIMBURSEMENT AGREEMENT
BETWEEN
RANCHO CALIFORNIA WATER DISTRICT
AND THE
CITIES OF TEMECULA AND MURRIETA
FOR
ACQUISITION OF AERIAL IMAGERY & DIGITAL ELEVATION DATA
[RCWD PROJECT NO. _]
THIS AGREEMENT is made and entered into as of , between RANCHO
CALIFORNIA WATER DISTRICT, a California Water District existing and operating
under Division 13 of the California Water Code, hereinafter referred to as "RCWD", the
CITY OF TEMECULA hereinafter referred to as "TEMECULA", a municipal corporation,
and the CITY OF MURRIETA hereinafter referred to as "MURRIETA". In consideration
of the mutual promises and covenants contained herein, the parties hereto mutually
agree as follows:
Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to
establish the reimbursement to RCWD by TEMECULA and MURRIETA for the cost of
acquisition of aerial imagery & digital elevation data [RCWD Project No. 1
hereinafter referred to as "PROJECT'. RCWD shall provide the aerial imagery & digital
elevation data to TEMECULA and MURRIETA for their use in accordance with Section V
of this Agreement.
Section II. TEMECULA and MURRIETA shall reimburse RCWD for costs (hereinafter
referred to as "REIMBURSEMENT'), for the acquisition of aerial imagery & digital
elevation data for the PROJECT as follows:
Items
Reimbursement Costs
TEMECULA's share of the PROJECT cost
MURRIETA's share of the PROJECT cost
Not to exceed $ 162,000.00
Not to exceed $ 175,000.00
Total
$337,000.00
Section III. Costs will based on a future agreement established between RCWD and a
future vendor to be selected following a Request for Proposal process. Prior to the
approval of any change orders associated for the acquisition of aerial imagery & digital
elevation data, RCWD shall obtain written approval from TEMECULA and MURRIETA
before authorizing the selected vendor to proceed. RCWD shall make payment to the
selected vendor for the work performed. Actual costs shall be identified and billed to the
TEMECULA and MURRIETA for payment on the following basis:
A. RCWD shall invoice TEMECULA and MURRIETA on an as-completed basis
for the work completed by the vendor selected for the PROJECT.
TEMECULA and MURRIETA shall remit payment to RCWD within twenty-five
days of receipt of invoice.
Section IV. It is acknowledged that management and administration for the acquisition
of aerial imagery & digital elevation data shall be performed by RCWD for the
PROJECT. RCWD agrees to designate Mr. Andrew Webster as the contact for RCWD
in regards to this agreement. TEMECULA agrees to designate Mr. John De Gange and
MURRIETA agrees to designate Mr. Jay Seckman the points of contact to facilitate the
reimbursements identified herein.
Section V. This agreement establishes exclusive property rights for aerial imagery &
digital elevation data produced from this project distributed in the following manner: the
area contained within the corporate limits of the City of Temecula and the City of
Murrieta will be the exclusive property of TEMECULA and MURRIETA, respectively. All
areas outside the corporate limits of TEMECULA and MURRIETA including all
unincorporated areas within the limits of the PROJECT shall be the exclusive property of
RCWD. Each agency hereby authorizes unlimited use of the aerial imagery & digital
elevation data within the area of their respective exclusive property rights to each of the
other agencies. Re-sale of the aerial imagery & digital elevation data for the PROJECT
will be reserved by the respective agency within the area of their exclusive property
rights.
Section VI. All notices under this Agreement shall be sent as follows:
TEMECULA: City of Temecula
43200 Business Park Drive
Temecula, CA 92589
Attn: John De Gange, GIS Administrator
MURRIETA: City of Murrieta
26442 Beckman Ct.
Murrieta, CA 92562
Attn: Jay Seckman, GIS Coordinator
RCWD: Rancho California Water District
42135 Winchester Road
Temecula, CA 92590
Attn: Andrew Webster, Planning & Capital Projects
Manager
Either party may change its address for notices by notifying the other party.
This Agreement is dated as of the date set forth above.
TEMECULA:
City of Temecula
By:
Jeff Comerchero, Mayor
ATTEST:
Susan Jones, CMC/AAE, City Clerk
MURRIETA:
City of Murrieta
By:
Warnie Enochs, Mayor
ATTEST:
Kay Vinson, City Clerk
DISTRICT:
Rancho California Water District
By:
Brian J. Brady, General Manager
ITEM 7
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Council/City Manager
FROM:
Anthony J. Elmo, Director of Building & Safety
DATE:
August 23,2005
SUBJECT:
Third Amendment to an Agreement for Contract Inspection Services for
P&D Consultants
RECOMMENDATION: That the City Council:
1. Approve a Third Amendment for Consultant Services with P & D Consultants in the amount not
to exceed $12,000 for a total contract amount of $137,800.
DISCUSSION: P & D Consultants provide supplemental building inspection services to the
Building and Safety Department. These qualified inspectors have augmented City staff during
periods of heavy work load so that inspections can be performed in a timely and accurate manner.
This Third Amendment will provide for continued support as needed for the remainder of the fiscal
year.
FISCAL IMPACT: Sufficient funds are available in the Fiscal Year 2004-05 Operating Budget.
ATTACHMENTS: Contract Amendment
R:\BROCKMEI\AGENDA\PD CONSULTANTS AUG 2005.DOC
8/15/05
THIRD AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
P & D CONSULTANTS
THIS THIRD AMENDMENT is made and entered into as of August 23, 2005 by and
between the City of Temecula, a municipal corporation ("City") and P & D Consultants
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On July 1, 2004 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for Contract Inspection Services
("Agreement") in the amount of $25,000.00.
B. On September 28, 2004 the City amended and increased the agreement
in the amount of $78,000.00 plus a 10% contingency of $7,800.00 (Amendment 1).
C. On March 22, 2005 the City amended and increased the agreement in the
amount of $15,000.00 and extended the term of the Agreement to June 30, 2005 (Amendment
2).
D. The parties now desire to increase the payment for services in the
amount of $12,000.00 and amend the Agreement as set forth in this Amendment.
2. Section 4a Payment of the Agreement is hereby amended to read as follows:
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and schedules and terms set forth in Exhibit B, attached hereto and incorporated
herein by this reference as though set forth in full, bused upon actual time spent on
the above tasks. The third amendment amount shall not exceed Twelve Thousand
Dollars and No Cents ($12,000.00) for additional contract inspection services for a
total contract amount, of One Hundred Thirty-Seyen Thousand Eight Hundred
Dollars and No Cents ($137,800.00).
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
R\Finance\Purchasing\Agreements05w06.M-Z.P&D.Amend31
IN WITNESS WHEREOF, the parties hereto haye 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
CONSULTANT
P & 0 Consultants Inc
999 Town & Country Road 4th FL
Orange, CA 92668
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
(Two Signatures Required For Corporations)
R\Finance\Purchasing\Agreements.OS-D6.M-Z.P&D.Amend3 2
{........
EXHIBIT B
PAYMENT SCHEDULE
IY
For and in consideration of the Contractor's services, inspection services shall be provided at the
rate of $75.00 per hour, plus $.36 per mile for each mile accumulated while performing inspection
services for the City. Should the City provide vehicular transportation for Contractor's use, no fees
shall be charge for mileage.
ITEM 8
APPROVAL ~
CITY ATTORNEY
DIRECTOR OF FINA;N-EE
CITY MANAGER fJ
'r
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council ~
Herman Parker, Director of Community Service~
DATE:
August23,2005
SUBJECT:
Stage Equipment for the Old Town Temecula Community Theater
PREPARED BY:
\>. Bruce A. Beers, Theater Manager
RECOMMENDATION:
That the City Council:
1. Approve a purchase order of $53,782.66 to Wenger Corporation for the purchase of
musician's chairs and stools, music stands and lights, stage risers/decking and accessories,
storage carts, and other appurtenant equipment for the Old Town Temecula Community
Theater.
2. Approve a $5,378.27 contingency for the purchase of additional unanticipated stage
equipment identified during the start-up and early months of operation of the new Theater.
DISCUSSION: As the Old Town T emecula Community Theater nears completion, it is
now necessary to order furnishings, fixtures, and equipment to provide for the ongoing operations of
the facility.
Wenger Corporation is a well establish~d manufacturer of universally acceptable theatrical and
musician's equipment with a proven reputation for quality. The design of their equipment is
unique and proprietary, and will best serve the specific requirements of the Theater (ease of
setup, compact storage, sturdy and noise-free reliability, etc.). Numerous traveling musical
groups specifically request Wenger equipment by name in their contract riders. Wenger
equipment is not sold by dealers; it is sold only by the manufacturer. Wenger Corporation should
be considered a sole source provider for this equipment.
FISCAL IMPACT: Sufficient funds are appropriated in the Capital Improvement Project
Fund, CIP Parks Projects, FF&E -- Community Theater.
Customer Quotation
Prepared for: Mr. William Van Vechten
Old Town Temecula Carom. Theatre
Mian St
Temecula, CA 92589
Date: 8/08/2005
Regarding: New Theatre Gear
l&ttgPJC
555 Park Drive
P.O. Box 448
Owatonna, Mn. 55060-0448
Page
I
Item Description
133G838 VERSA DECK,4X8,BLCK
133A554 FRAME TO LEG LOCK
133A556 CHAIR STOP ASSY,VERS.3000
133A860 CHAIR STOP, 95 3/4
133B995 VERSALITE OWNERS MANUAL
133B031.1 LEG ASSY,FIX,8.000"
'1133B031.2 LEG ASSY,FIX,16.000"
~133B031.3 LEG ASSY,FIX,24.000"
~ 113B016 2-STEP STAIRWAY WITH HANDRAILS
7 113F001 VERSALITE CART, 8 UNIT
o 011D800 RAIL TRUCK ASSY,FINAL
d 177A012 GUARDRAIL 8', STRAIGHT
~ 177A004 GUARDRAIL, 4' STRAIGHT
037B001 ROUGHNECK MUSIC STAND
039A201 SMALL MUSIC STAND CART
1090003 MUSIC STAND LIGHT,UNGROUNDED
054C661 CHAIR CART W/CHAIR PURCHASE
104A001 ENSEMBLE STOOL
0920000 . 18BKBK MUSICIAN CHAIR, 18.5" BLK, BLACK
Total Product Charge
Tax Charge
Freight Charge
Handling Charge
Total Charge
) 186A302
186A300
098B004
098B007
LEGACY CANOPY TOOL
LEGACY ACOUST. SHELL/TAPERED
SIGNATURE RISER, 4-STEP W/RAIL
SIGNATURE SIDERAIL SET
r-.\
<>,...
-:>
<J
C
~
Total Product Charge
Tax Charge
Freight Charge
Handling Charge
Otv
16
24 '
72.
16
4
60
60
60
2
2
1
4
4
36
3
36
4
6
44
Quotation Q
478831is continued on next page.
1
6
6
1
Unit Price
530.00
7.00
9.00
10.00
417.00
510.00
555.00
235.00
214.00
41.00
245.00
27.00
205.00
145.00
162.00
1,845.00
1,368.00
368.00
Price
8,480.00
420.00
540.00
600.00
834.00
1,020.00
555.00
940.00
856.00
1,476.00
735.00
972.00
820.00
870.00
7,128.00
26,246.00
2,084.97
1,185.00
657.00
30,172.97
11,070.00
8,208.00
368.00
19,646.00
1,560.69
1,911.00
492.00
Customer Quotation
Prepared for: Mr. William Van Vechten
Old Town Temecula Comm.Theatre
Mian St
Temecula, CA 92589
l&ttg(J)C
555 Park Drive
P.O. Box 448
Owatonna, Mn. 55060-0448
~ Date: 8/08/2005
~ Regarding: New Theatre Gear
Page 2
G
~
\D
[
Item
Description
Otv
Unit Price
Price
-------------
-------------
Total Charge
23,609.69
* Terms and Conditions of
Quotation effective until
Sa1e appear on f0110wing
12/30/2005.
Submitted by:
page.
Delivery within: 30 days
Tax: Included
Terms: NET 30/PENDING CREDIT
F.O.B. Point: Destination
APPROVAL
~(~4t.
Neal Jorgensen
Sales Representative
Q
478831
C00398490
Phone:
Fax:
Email:
800-733-0393 Ext: 379
507-451-9690
neal.jorgensen@wengercorp.com
WENGER CORPORATION TERMS & CONDITIONS OF SALE
1. company agrees to furnish only the goods described in this quotation as described in our catalog, technical sheets
or submittals. This may vary from plans or specifications for your project.
2. The contract price is based solely upon the particular drawings, specifications, make ups, or other contract
documents that are specifically identified in the quotation. Items omitted are excluded.
3. In no event shall Retainage be held for orders of material only. If Retainage is part of the contract, in no event
shall Retainage be held longer than one year from date of delivery, or installation.
4. Wenger Corporation may, in its sole discretion, grant credit terms to buyer based on its own independent credit
credit investigation. Wenger will not be liable to the buyer for any refusal to grant credit. Open account
credit terms are subject to Wenger's continuing approval of buyer's credit, and may be withdrawn, or modfied at any
time for any reason.
5. The time for delivery shown on the face of the quotation, if any is an estimate only. Wenger Corporation will not
be liable for any loss or damage to Buyer or others due to delay or not delivering in acordance with the
estimated date regarding of cause. Wenger Corporation will select method of delivery unless specified by customer
6. TERMS OF PAYMENT - Unless otherwise agreed with prior approval of Seller's credit department, terms of
payment are NET 30 Days. from date of invoice. Seller reserves the right to require full or partial payment in
advance of any shipment. or other payment arrangements whenever in its judgment the financial condition of the
Buyer does not justify shipment of the goods on open account credit. Seller shall have the right and option to
withold waranty rights. service parts and/or service manuals unless and until the goods have been paid for in full.
7. In the event the Buyer fails to pay all or part of the purchase price of the goods, Seller shall be entitled to, as
costs of collection. reasonable attorneys fees not to exceed the maximum permitted by the laws of the State
governing the transaction.
8. Service charges will accrue on unpaid invoices outstanding more than 30 days at the rate of one
percent per month. or at an annual rate of eighteen (18%) percent or the maximum rate permitted
State governing the interpretation or construction of this agreement. whichever is less.
and a half
by the law
(1.5%)
of the
9. Wenger Corporatio has no system design or application responsibility to Buyer or any third party.
lO.COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCllAHTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY
OTHER OBLIGATION OR LIABILITY NOT EXPRESSLY SET FORTH IN ITS STANDARD TERMS OF WARRANTY. COMPANY SHALL NOT BE
LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES NOT TO EXCEED PURCHASE PRICE OF PRODUCTS.
II.Wenger Corporation provides a limited warranty. Its terms are set out in Company's separate warranty certificate
available upon request. Company may void the limited warranty upon products for which Company has not been paid.
12.Unless noted on the quotation, .ernger Corporation will not accept any charge or expense. including labor. for
modification. removing. inspecting or installing the goods.
13.No goods may be returned to Wenger Corporation for credit without prior written consent. After Buyer's order has
been accepted the order cannot be canceled without Company's consent. Buyer shall be responsible to Wenger
Corporation for reasonable cancellation charges.
14.Change Orders-Wenger Corporation shall not be obligated
the customer quotation unless Company agrees in writing
price and delivery terms.
15.Buyer shall inspect the goods upon receipt and promptly notify Company of any claim that the goods are
nonconforming. Company shall be allowed reasonable opportunity to inspect and cure any claim of default.
16.Any changes to this order on part of the buyer and/or consignee that exceed the scope of the order on which
pricing was based (as defined by the pricing. terms and conditions of the order). and that result in additional
costs to Wenger Corporation will be charged back to the purchasing party at cost. These changes include. but are
not limited to. additional charges for inside delivery. lift-gate service. storage. and re-consignment.
11.Wenger Corporation expressly conditions all orders upon the acceptance by Buyer of Company's terms and conditions
without change unless specifically set forth in writing and accepted by the signature of an authorized
representative of Company at Ovatonna. Minnesota.
18.This agreement shall be governed and construed according to the laws of the State of Minnesota.
to make any changes or additions to
and an equitable adjustment is made
the goods described
if necesary to the
in
ITEM 9
.;
,
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
~~I
William G. Hughes, Director of Public Works/City Engineer
DATE:
August 23, 2005
SUBJECT: Authorize Temporary Street Closure of Main Street between Old Town Front
Street and Pujol Street for the "Temecula-On-Stage" event scheduled for
September 3, 2005 and Delegate Authority to Issue a Special Events/Street
Closures Permit to the Director of Public Works/City Engineer.
PREPARED BY: H! Ronald J. Parks, Deputy Director of Public Works
.2c;>teve 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, AUTHORIZING TEMPORARY STREET CLOSURE OF
MAIN STREET BETWEEN OLD TOWN FRONT STREET AND
PUJOL STREET FOR THE "TEMECULA-ON-STAGE" EVENT
SCHEDULED FOR SEPTEMBER 3, 2005 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A
SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES
BACKGROUND: The "Temecula-On-Stage" event is scheduled for September 3, 2005 from
6:00 PM to 11 :00 PM with the actual street closure scheduled between 6:00 AM to 12:00 AM. This
first-class event will showcase the area's top chefs and wineries along with a variety of
performances from local musicians, vocalists, actors and dancers. This event will be the focal point
of the Labor Day weekend in which visitors will enjoy all that Temecula Valley has to offer at a
discount, by purchasing a special passport provided by local businesses who partner with the event.
Through this event, the organizers of "Temecula-On-Stage" will participate in the funding process to
assist the Theatre Foundation in its efforts to promote a Community Theatre in Old Town Temecula.
The event will require assistance from the Public Works Department by providing support services
for the street closure, public safety monitoring, and the permit process.
Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those
highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for,
among other instances, "temporary closing a portion of any street for celebrations, parades, local
special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the
1
R:\AGENDA REPORTS\2005\082305\Temecula-on-Stage Street Closure.POC
?
closing is necessary for the safety and protection of persons who are to use that portion of the street
during the temporary closing".
The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards
and procedures for special events on public streets, highways, sidewalks, or public rights-of-way.
This resolution set forth processes for staff reviewing applications, denying approval or approving
subject to conditions including events requiring changes in normal traffic patterns, and an appeal
process to the City Manager. However the resolution did not delegate authority to temporarily close
streets for these special events.
The subject resolution delegates the authority to approve temporary street closures for this specific
event, "Temecula-On-Stage", to the Director of Public Works/City Engineer. All other special events
requiring temporary street closures, construction-related closures, etc, shall remain subject to the
approval of the City Council subject to rules and regulations established by the City Council. These
rules and regulations shall also be adopted by resolution in accordance with California Vehicular
Code Section 21101.
FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of
necessary warning and advisory devices by the Public Works Department are included in budgetary
items.
ATTACHMENTS:
1. Resolution No. 2005_
2. Vicinity Map
2
R\AGENDA REPORTS\2005\082305\Temecula-an-Stage Street ClasureDOC
,
.
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
MAIN STREET BETWEEN OLD TOWN FRONT STREET AND
PUJOL STREET FOR THE "TEMECULA-ON-STAGE" EVENT
SCHEDULED FOR SEPTEMBER 3, 2005 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A
SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
WHEREAS, the California State Vehicular Code provides for the promulgation of rules and
regulations for the temporary closure of public streets by local authorities by Resolution; and
WHEREAS, the City Council desires to establish rules and regulations for the temporary
closure of public streets in the interest of promoting safety and protection; and
WHEREAS, the City ofTemecula sponsors the "Temecula-On-Stage" event, for which such
temporary street closure on Main Street between Old Town Front Street and Pujol Street promote
the safety and protection of persons using or proposing to use that street for the special event; and
WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily
close Main Street for the "Temecula-On-Stage" event scheduled for September 3,2005; and,
NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City
Engineer to approve the temporary street closure of Main Street forthe ''Temecula-On-Stage'' event,
and to establish the general rule that all other proposed temporary street closures shall be reviewed
and approved subject to conditions, or disapproved, by the City Council; and
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby
authorizes the Director of Public Works/City Engineer to permit the temporary street closure of Main
Street for the "Temecula-On-Stage" event scheduled for September 3,2005, and affirms the general
rule that all other temporary public street closures shall be approved or denied approval by the City
Council.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 23rd day of August, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
3
R:\AGENPA REPORTS\2005\082305\Temecula-on-Slage Street Closure.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 ofTemecula
at a regular meeting thereof held on the 23rd day of August, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
4
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ITEM 1 0
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE.
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
DATE:
City Manager/City Council
~1IjI William G. Hughes, Director of Public Works/City Engineer
August 23, 2005
TO:
FROM:
SUBJECT:
Reimbursement Agreement between Rancho California Water District and
the City of Temecula for the Pechanga Parkway Phase II Street
Improvements, Project No. PW99-11
PREPARED BY:
Amer Attar, Principal Engineer - Capital Projects
Steven Beswick, Associate Engineer - Capital Projects
RECOMMENDATION: That the City Council approve the Reimbursement Agreement
between Rancho California Water District (RCWD) and the City of Temecula for the Pechanga
Parkway Phase II Street Improvements, Project No. PW99-11, in substantially the same format as
attached and authorize the mayor to execute.
BACKGROUND: The reimbursement agreement states that RCWD will reimburse the City for
the cost of installing a 16-inch recycled water pipeline and the relocation of miscellaneous RCWD
water facilities along Pechanga Parkway.
The 16-inch recycled water pipeline will be constructed along Pechanga Parkway from Rainbow
Canyon Road to Loma Linda Road and connect to an existing recycled water pipeline in Loma Linda
Road. The relocation of miscellaneous RCWD water facilities is required due to the widening of
Pechanga Parkway. These waterline improvements are part of the City's Pechanga Parkway Phase
II Street Improvements.
The estimated total cost of installing the 16-inch recycled water pipeline and the relocation of
miscellaneous RCWD water facilities is $670,000. A deposit in the amount of $134,000 (20% of the
estimated cost of the RCWD water facilities) will be provided to the City by RCWD prior to the award
of the construction contract. The City will bill RCWD for completed waterline work monthly, when
the contractor bills the City.
FISCAL IMPACT: All costs associated with the Reimbursement Agreement will be paid for by
RCWD. There is no fiscal impact to the City.
ATTACHMENTS: Reimbursement Agreement between the City of Temecula and RCWD for
the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11.
R:\AGENOA REPORTS\2005\082305\PW99-11 ACWD Agreement.d..?s _
REIMBURSEMENT AGREEMENT
BETWEEN
CITY OF TEMECULA
AND
RANCHO CALIFORNIA WATER DISTRICT
FOR THE
RANCHO CALIFORNIA WATER DISTRICT PECHANGA PARKWAY RECYCLED
WATER PIPELINE-PHASE II [RCWD PROJECTS NO. 98053 AND NO. D1I69]
CITY OF TEMECULA PECHANGA PARKWAY-PHASE II STREET IMPROVEMENTS
[pROJECT NO. PW99-1I]
THIS AGREEMENT is made and entered into as of , 2005, between the CITY OF
TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and RANCHO CALIFORNIA
WATER DISTRICT, a California Water District and existing and operating under Division 13 of the
California Water Code, hereinafter referred to as "RCWD". In consideration of the mutual promises and
covenants contained herein, the parties hereto mutually agree as follows:
Section I. The purpose of this Agreement is to establish reimbursement to CITY by RCWD for
the cost of relocation and installation of certain water improvements (RCWD Project No. 98053 and DI169)
made necessary by the construction of the Pechanga Parkway Phase II Street Improvements, Project No.
PW99-11, hereinafter referred to as "PROJECT."
Section II. RCWD shall reimburse CITY for one hundred percent (100 %) of the costs (hereinafter
referred to as "REIMBURSEMENT"), for the relocation and installation of certain water improvements
within the PROJECT area that are affected by the PROJECT. The costs for the REIMBURSEMENT to CITY
by RCWD shall include the following summary water improvements, also shown below on the enclosed Bid
Result Spreadsheet in more detail:
WATER IMPROVEMENTS
EXTENDED BID AMOUNTS
Pechanga Parkway Recycled Water Pipeline - Phase
II (RCWD Project No. 98053). Bid Items No. 112
thru 122
$ _,_.00
Pechanga Parkway Facility Relocations - Phase II
(RCWD Project No. D1169). Bid Items No. 213 thm
224
$ _,_,00
TOTAL
$ _,_.00
Reimbursement Agreement: [RCWD Project No. 98053 and D1l69]
City of Temecula and Rancho California Water District
August 2005
Page Two
Section III. Costs are based on construction bids received for the PROJECT shown within the enclosed Bid
Result Spreadsheet for the water improvements only. The CITY has evaluated and analyzed all bids received
and selected the lowest responsible bidder for the PROJECT as (hereinafter referred to as
"CONTRACTOR"). RCWD has reviewed the bids and approved the CITY's selection of CITY's
CONTRACTOR prior to the commencement of the work on the PROJECT.
As a contingency, RCWD shall maintain an amount equal to ten percent (10%) of the total estimated costs of
constructing the water improvements to account for unforeseen changes to the work. The CITY shall obtain
approval from RCWD prior to the approval of any change orders associated with the relocation and installation
of these improvements, and authorize the contractor to proceed unless failure to act immediately may affect
public safety. The cost of any delay in the work due to the delayed action of RCWD in approving change
orders associated with water improvement change orders shall be borne by RCWD. RCWD shall respond to
water facility change orders within three (3) business days.
The CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified and
billed to RCWD for payment on the following basis:
. The CITY shall invoice RCWD on a monthly basis for all RCWD-related work completed by
the CONTRACTOR. RCWD shall remit payment to the City within twenty-five (25) days of
receipt of invoice.
. RCWD shall pay to City a sum equal to twenty percent (20%) of the REIMBURSEMENT as
a deposit prior to the commencement of construction. This deposit shall be credited to
RCWD's required payments at the end of the construction.
Section IV. It is acknowledged that City has reviewed and approved to incorporate all RCWD plans and
specifications for the relocation and installation of the water improvements and that RCWD has approved the
bid amount as reasonable. RCWD agrees to designate Warren Back, Civil Engineer, as a point of contact for
RCWD to facilitate the reimbursements identified herein. The CITY shall perform management and
administration of the terms expressed herein for the PROJECT. The CITY agrees to designate Steven W.
Beswick, Associate Engineer, Capital Projects, as a point of contact for the CITY in regards to this agreement.
Section V. RCWD shall provide and pay for inspection of all new and relocated facilities specifically, Bid
Items 112 thru 122, and 213 thru 224.
Section VI. All notices under this Agreement shall be sent as follows:
RCWD:
Rancho California Water District
42135 Winchester Road
Temecula, CA 92590-4800
Alln: E.P. "Bob" Lemons. Director of Engineering
CITY:
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Alln: Steven W. Beswick, Associate Engineer. Capital Proiects
Either party may change its address for notices by contacting the other party. All notices given at the most
recent address specified shall be deemed to have been properly given.
Reimbursement Agreement: [RCWD Project No. 98053 and D1169J
City of Temecula and Rancho California Water District
August 2005
Page Three
This Agreement is dated as of the date set forth above.
RANCHO CALIFORNIA WATER DISTRICT
By:
Brian Brady, General Manager
CITY OF TEMECULA
By:
Jeff Comerchero, Mayor
By:
Peter M. Thorson, City Attorney
ATTEST:
By:
Susan W. Jones, CMC, City Clerk
Date
Date
Date
'"
Date
ITEM 11
APPROVAL
CITY ATTORNEY
DIROF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Peter M. Thorson, City Attorney
DATE:
August 23, 2005
SUBJECT: Roripaugh Ranch Project Agreement with Ashby USA for Acquisition of Property
for Butterfield Stage Road Right of Way
RECOMMENDATION: That the City Council approve the Agreement entitled: "Agreement
Between the City ofTemecula and Ashby USA, LLC for the Acquisition of Certain Property for Public
Rights of Way in Connection with the Roripaugh Ranch Project."
BACKGROUND: On December 17, 2002, the City Council approved a Development
Agreement with Ashby USA LLC for the development of the Roripaugh Ranch Specific Plan Project.
The Development Agreement requires that the Developer acquire the necessary right of way and
build the roads required to mitigate the traffic impacts associated with the Project. One of the major
road improvements the Developer is required to construct is the widening of Butterfield Stage Road
from the Project's southern boundary to Rancho California Road from two lanes to four lanes with a
median.
The Developer has been negotiating with owners of two residential properties on Butterfield Stage
Road north of Rancho California Road for the acquisition of necessary right of way for Butterfield
Stage Road at this location. So far, the parties have not been able to reach a satisfactory
agreement. Under Section 3.1.3.5 of the Development Agreement and Section 66462.5 of the
Government Code, the Developer may ask the City to attempt to acquire the properties in the event
it has been unable to do so. Now, the Developer has requested the City to attempt to acquire the
necessary right of way. Once the right of way is acquired, it will be owned by the City and the
Developer will construct Butterfield Stage Road on this right of way.
The proposed Agreement requires the Developer to pay for all City costs that will be incurred in the
acquisition process and also requires the Developer to post a deposit for these costs. These costs
. will include appraisals, land and improvements, relocation benefits, legal fees, title policy fees, and
all other costs associated with the property acquisition process.
The proposed Agreement also describes the property acquisition process the City will conduct in
attempting to acquire the properties. The City will obtain its own appraisal to determine the value of
the properties. The City will then meet with the owners of the properties and negotiate in good faith
what will hopefully be a successful agreement to acquire the necessary right of way. Because the
residential properties are located in the unincorporated County territory, City staff will work with the
R:/Agenda Reports/Roripaugh Ranch Project Agree 8 23 1
County to obtain the County's consent for this extraterritorial acquisition. The City has all other
constitutional and statutory authority to acquire the right of way by eminent domain. The proposed
agreement does not require the use of eminent domain. The proposed agreement provides that
before the City can use its power of eminent domain, the Council must: (1) determine that all
applicable laws relating to the appraisal and required negotiation have been complied with;
(2) consider all of the facts presented at the hearing for the "resolution of necessity" (which
resolution would initiate the eminent domain process) by Staff and the owners of the Property
bearing on the findings required for a resolution of necessity; (3) make the findings necessary for a
resolution of necessity under the eminent domain law by the requisite vote; and (4) deternnine, in the
Council's sole and exclusive discretion, whether to adopt such a resolution of necessity.
FISCAL IMPACT: None. The Development Agreement and the proposed Agreement requires the
Developer to pay all of the City's costs in acquiring the property.
ATTACHMENT: Agreement Between the City of Temecula and Ashby USA, LLC for the
Acquisition of Certain Property for Public Rights of Way in Connection with the Roripaugh Ranch
Project.
R:/Agenda ReportslRoripaugh Ranch Project Agree 8 23 2
AGREEMENT BETWEEN THE CITY OF TEMECULA
AND ASHBY USA LLC FOR THE ACQUISITION OF
CERTAIN PROPERTY FOR PUBLIC RIGHTS OF WAY
IN CONNECTION WITH THE RORIPAUGH RANCH
PROJECT
THIS AGREEMENT ("Agreement") is made and entered into as of August
23, 2005 by and between the CITY OF TEMECULA, a general law city in the State of
California ("City"), and ASHBY USA LLC a California limited liability company
("Developer"). In consideration of the mutual covenants and agreements contained in
this Agreement, the parties hereto agree as follows:
1. Recitals. This Agreement is made with respect to the following
facts and for the following purposes, each of which is acknowledged as true and correct
by the parties:
a. On December 17, 2002, the City of Temecula approved a
Development Agreement between the City and Developer which agreement was
recorded in the Official Records of Riverside County as Document No. 2003-
018567 on January 9, 2003 ("Development Agreement").
b. On November 26, 2002, the City of Temecula approved
the Roripaugh Ranch Specific Plan (SP 11) which proYides a specific plan for
804.7 acres consisting of the development of 2,015 dwelling units, 110,00 square
feet of neighborhood commercial retail space, a 12 acre elementary school site
and a 20 acre middle school site, a 19.7 acre sports park, a 4.8 acre
neighborhood park, a fire station site, and 202.7 acres of open space, flood
control improvements to Santa Gertrudes Creek and Long Valley Wash, and on-
site and off-site public infrastructure improvements ("Project").
c. On November 26, 2003 the City of Temecula approyed
Tentative Tract Map No. 29353 within the City of Temecula ("Tentative Tract
Map") along with conditions of approval for the map. The Tentative Tract Map is
valid for the duration of the Development Agreement.
d. Developer is the owner of the land included within the
Development Agreement and Tentative Tract Map except for certain parcels
which have been sold to merchant builders. Under the Deyelopment Agreement,
the Developer is responsible for the construction and installation of the on-site
and off-site public improvements required for the Project.
e. Pursuant to the Development Agreement and the Tentative
Tract Map, Developer is obligated to improve Butterfield Stage Road from the
Project boundary to Rancho California Road. Developer's obligation with respect
to this portion of Butterfield Stage Road is described in Attachment 5, ON-SITE
AND OFF-SITE IMPROVEMENTS, page 45 of the Development Agreement
which requires the Developer to construct the following:
R:/AgreementslRoripaugh Ranch Proj Agree 8 23
"1. Butterfield Stage Road-Construct full width
improvements from the southern project boundary at
Planning Area 32 to Rancho California Road excluding
any existing improvements. (City has agreed to use an
expected $2.7 million grant to assist in the construction
of this segment.)"
Condition No. 76, Specific Plan Phase 2, b., I of the Tentative Tract Map also
requires that the Developer:
"Improve Butterfield Stage Road from the southern
project boundary to Rancho California Road excluding
existing improvements (Specific Plan Arterial
Highway-110' R1W) to include installation of full-width
improvements except sidewalk on the County side,
paving, curb and gutter, sidewalk, street lights,
drainage facilities, signing and striping, utilities
(including but not limited to water and sewer), and a 14
foot-wide raised landscaped median."
These requirements of the Development Agreement and the Tentative
Tract Map shall collectively be referred to in this Agreement as the
"Butterfield Stage Road Improvements."
f. The necessary right of way to be acquired pursuant to this
Agreement for the Butterfield Stage Road Improvements is described on Exhibit
A, attached hereto and incorporated herein by this reference as though set forth
in full (the "Property"). Developer has made a good faith effort to procure the
Property but has thus far been unable to acquire it.
g. Developer has requested the City to acquire the Property
pursuant to Government Code Section 66462.5 and Section 3.1.3.5 of the
Development Agreement.
h. The parties recognize that City cannot exercise its power
of eminent domain until a Resolution of Necessity has been adopted by the City's
legislative body pursuant to law. This Agreement is neither a commitment nor an
announcement of an intent by the City to acquire any or all of the Property that
may be affected by the Developer's project.
i. Developer acknowledges and agrees that the costs it will
incur under this Agreement are reasonably related to the Project and the
Butterfield Stage Road improvements are necessary for the Project.
2. City ACQuisition of Rioht of Way Property. In accordance with
and subject to all of the terms, covenants and conditions of this Agreement, the City
agrees to the following:
a. The City shall obtain an appraisal of the Property in
accordance with the requirements of the Eminent Domain Law.
R:/AgreemenlslRoripaugh Ranch Proj Agree 8 23 2
b. The parties agree that City shall, in good faith and
pursuant to the requirements of law, negotiate with the current owners of the
Property in order to attempt to acquire the fee interest of said Property without
the necessity of eminent domain proceedings.
c. If such negotiations prove unsuccessful, City shall begin
the preacquisition procedures required by law in connection with condemnation
proceedings.
d. Subject to the full satisfaction of the negotiation and notice
requirements imposed by law, City shall schedule a hearing to consider adoption
of a Resolution of Necessity for acquisition of the Property by Eminent Domain.
e. City shall file condemnation proceedings for the purpose of
acquiring the Property if: (1) The City Council determines that all applicable laws
relating to the appraisal and required negotiation have been complied with; (2)
the City Council has considered all of the facts presented at the hearing for the
resolution of necessity by Staff and the owners of the Property bearing on the
findings required for a Resolution of Necessity; (3) the City Council, in its sole
and exclusive discretion, makes the findings necessary for a Resolution of
Necessity under the Eminent Domain Law by the requisite vote; and (4) the City
Council elects, in its sole and exclusive discretion, to adopt such Resolution of
Necessity.
f. If the Council elects, in its sole and exclusive discretion, to
adopt a resolution of necessity and initiate eminent domain proceedings, such
proceedings shall be promptly filed following the adoption of the resolution of
necessity, and diligently prosecuted by City.
g. If the Council elects, in its sole and exclusive discretion, to
adopt a resolution of necessity and initiate eminent domain actions, the City shall
also seek an order of immediate possession of the property.
h. The parties hereto do recognize that if condemnation
proceedings are required as to the Property, City may not be able to obtain the
fee title to the Property within the time required pursuant to the provisions of this
Agreement and, thus, Developer waives the time requirements of Government
Code Section 66462.5.
i. The parties hereto further agree that if there is a final
determination in such eminent domain proceedings finding that the City does not
have, as to any of the Property the right to take, within the meaning of the
Eminent Domain Law, or the City elects not to adopt a Resolution of Necessity
this Agreement may be terminated by the City.
j. Developer agrees to pay all costs of the City necessary for
the acquisition of the Property, including, but not limited to, payments for land
and improvements on the land, severance damages, fixtures and equipment
payments, payments for business goodwill, pre-condemnation damages,
relocation assistance and benefits, abandonment damages, attorneys' fees,
litigation expenses, consultant fees and costs, appraiser fees and costs, title
R:/AgreementslRoripaugh Ranch Proj Agree 8 23 3
policy and litigation guarantee charges and costs, deposits, any sum paid as and
for settlement of any eminent domain proceeding filed by the City for the
acquisition of the Property, and such other payments, costs or expenses arising
out of the City's acquisition of the Property. Developer agrees that City shall
exercise exclusive control of the acquisition of the Property and, if necessary, an
eminent domain action to acquire the Property.
k. City and Developer shall cooperate in the acquisition
process and keep each other fully advised of the progress of the acquisitions.
I. Developer has deposited with the City the sum of two
hundred thousand dollars ($ 200,000.00) which sum is the estimated costs of the
appraisal of the Property and the preliminary estimate of attorney fees and costs
for the Property acquisition and eminent domain action, if required, and which
sum shall be applied to the costs of the acquisition of the Property. If the Director
of Finance determines that the amount of the actual costs incurred by the City for
the appraisal and legal fees will be more than the amount of the deposit, the
Developer shall transfer to City or City's bank, such amounts as the Director of
Finance determines necessary for the acquisition costs within five (5) business
days of a written request from the Director of Finance. If the amount of the actual
costs incurred by the City is less than the amount of the deposit, then the City
shall refund the difference to the Developer, without interest, within ten (10)
working days following either the close of escrow for acquisition of the Property,
notice of the Court's entry of the final order of condemnation, or the
determination by the City, in its sole and exclusive discretion, that the eminent
domain action is final and no further rights of appeal are possible.
m. Within ten (10) days of a written request from the Director
of Finance, Developer shall deposit with the City or City's bank, such amount,
either in whole or in part, as the Director of Finance determines is the value of
the Property, and closing costs. Developer understands and acknowledges that
such demand may occur at any time after the execution of this Agreement as
may be necessary for the deposit of probable compensation pursuant to the
Eminent Domain Law at the time of filing an eminent domain action, settlement of
the eminent domain action, or to close escrow pursuant to a negotiated purchase
and sale agreement.
n. In the event Developer does not make the deposits
described in this Agreement in the times required by this Agreement, City may, at
its discretion, pay for the expenses described in this Agreement. Developer
agrees that in such event the City may recover the expenses from the
Performance Bond for the subdivision improvements for the Project.
3. Neoation of Aoency. The parties acknowledge that, in entering
into and performing under this Agreement, each is acting as an independent entity and
not as an agent of the other in any respect. Nothing contained herein or in any
document executed in connection herewith shall be construed as making the City and
Developer joint venturers, partners, agents of the other, or employer/employee.
4. Notices. All notices under this Agreement shall be in writing and
shall be deemed delivered when personally received by the addressee, or within three
R:/AgreementslRoripaugh Ranch Proj Agree 8 23 4
(3) working days after deposit in the United States mail by registered or certified mail,
postage prepaid, return receipt requested, to the following parties and their counsel at
the addresses indicated below, provided, however, if any party to this Agreement
delivers a notice or causes a notice to be delivered to any other party to this Agreement,
a duplicate of that Notice shall be concurrently delivered to each other party and their
respective counsel.
To City:
City of T emecula
Attention: City Manager
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-1033
With a Copy to:
Peter M. Thorson, Esq.
Richards, Watson & Gershon
355 South Grand Ave., 40th Floor
Los Angeles, CA 90071
To Developer:
Justin K. Ashby
Ashby USA LLC
39600 Pourroy Road
Temecula, Ca. 92591
5. Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
6. Force Maieure.
a. In addition to specific provIsions of this Agreement,
performance by either party hereunder shall not be deemed to be in default, and
all performance and other dates specified in this Agreement shall be extended,
where party seeking the extension has acted diligently and delays or defaults are
due to events beyond the reasonably control of the party such as but not limited
to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires;
casualties; acts of God; acts of the public enemy; epidemics; quarantine
restrictions; freight embargoes; intragalactic invasion; lack of transportation;
litigation; unusually severe weather; or any other causes beyond the control or
without the fault of the party claiming an extension of time to perform.
b. Notwithstanding anything to the contrary in this Agreement,
an extension of time for any such cause shall be for the period of the enforced
delay and shall commence to run from the time of the commencement of the
cause, if notice by the party claiming such extension is sent to the other party
within thirty (30) days of the commencement of the cause.
c. Times of performance under this Agreement may also be
extended in writing by the mutual agreement of City Manager and the Developer.
R:/AgreementslRoripaugh Ranch Proj Agree 8 23 5
7. Waiver. No waiver of any provision of this Agreement shall be
effective unless in writing and signed by a duly authorized representative of the party
against whom enforcement of a waiver is sought.
8. No Third Party Beneficiaries. This Agreement is made and
entered into for the sole protection and benefit of the Developer and the City of
Temecula and their successors and assigns. No other person shall have any right of
action based upon any provision of this Agreement.
9. Attorneys' Fees. If any party commences any action for the
interpretation, enforcement, termination, cancellation or rescission of this Agreement, or
for specific performance for the breach hereof, the prevailing party shall be entitled to its
reasonable attorneys' fees, litigation expenses and costs. Attorneys' fees under this
Section shall include attorneys' fees on any appeal as well as any attorneys' fees
incurred in any post-judgment proceedings to collect or enforce the judgment.
10. InteQration of Terms. This Agreement represents the entire
agreement of the parties with respect to the acquisition of the Property. This Agreement
integrates all of the terms and conditions mentioned herein or incidental hereto, and
supersedes all negotiations or previous agreements between the parties or their
predecessors in interest with respect to all or any part of the subject matter hereof,
except for the Subdivision Improvement Agreement for the Tract between the City and
the Developer.
11. Investioation by Developer. Developer warrants and represents to
the City that it has investigated all of the costs and expenses of the property acquisition
and the potential eminent domain action Developer is requesting. Developer further
represents and warrants that it has had the opportunity to review the terms of this
Agreement with legal counsel.
12. Governino Law. This Agreement shall be construed and
interpreted in accordance with the laws of the State of California.
13. Counterparts. This Agreement may be executed in counterparts,
each of which shall be an original instrument, and all when taken together, shall
constitute this Agreement.
R:/AgreementslRoripaugh Ranch Proj Agree 8 23 6
IN WITNESS WHEREOF, the Parties have each executed this
Agreement of the date first written above.
CITY OF TEMECULA
Jeff Comerchero
Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
R:/AgreementslRoripaugh Ranch Proj Agree 8 23 7
ASHBY USA, LLC, a California limited
liability company
By: Ashby Development Co., Inc., its
Managing Partner
By:
Justin K. Ashby
President
By: USA Investment Partners, LLC, a
Nevada limited liability company, its
member
By: USA Commercial Mortgage
Company, a Nevada corporation, its
non-Member Manager.
By:
Joseph D. Milanowski
President
R:/AgreementslRoripaugh Ranch proj Agree 823 8
EXHIBIT A
DESCRIPTION OF PROPERTY
All of the real property interests needed from the real property owned by Mr. and Mrs.
Ruben Calixto, APN 943-090-017, and the real property owned by Mr. and Mrs. Wayne
Jones, APN 943-090-016, which full parcels are shown on the map attached as Exhibit
A-1, for the Butterfield Stage Road Improvements that are required by the Development
Agreement and Tentative Map, which specific legal descriptions will be prepared by the
City.
R:/AgreementslRoripaugh Ranch Proj Agree 8 23 9
August 23, 2005
80 0 80 160 Feet
o
Cl)
ITEM 12
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
() . City Council
1Er Shawn Nelson, City Manager
August 23, 2005
DATE:
SUBJECT:
Status Update Regarding the City of Temecula's Participation in the
TUMF Program and Regional Infrastructure Improvements
RECOMMENDATION: Receive and file report on the City of Temecula's contributions to
the overall TUMF program.
BACKGROUND: Since the adoption of the TUMF ordinance by all the Cities in WRCOG in
the early part of 2003, there have been some concerns related to various jurisdictions providing
exemptions or waivers to new development projects through development agreements or
tentative tract maps that would create a loss in TUMF revenue. As a result, the Executive
Committee of WRCOG authorized the preparation of a study by a consulting firm named the
Taussig Group, to determine how various Cities approved development projects two years prior
to the adoption of TUMF and then 6 months after the TUMF program was adopted by the Board
of Supervisors. The purpose of the study was to determine how much revenue potentially was
lost as a result of these exemptions or waivers.
The results of this study clearly showed that not only did the City of Temecula fully collect TUMF
fees of $2 million related to new development projects, but also, that the City conditioned
projects through development agreements to physically construct an additional $42 million of
road improvements on the TUMF network system. This is significant because the Taussig
report clearly shows that Temecula conditioned new development to build TUMF network roads
to a greater extent than any other City in Western Riverside County. Further, the $42 million in
conditioned TUMF road improvements is $17.7 million more than if the City just collected the
TUMF fees.
In addition, it is estimated that the City has invested $94 million in road improvement projects
that pertain to the 1-15 freeway, Winchester Road or 79 South. Attached is a copy of the
infrastructure projects and right of way acquisitions in which the City has funded and
administered. Coupled with the $44 million in TUMF fees and road improvements conditioned
with new development, a total of $138 million in regional network improvements have been
contributed by the City or developers will be conditioned to build concurrently with their new
development projects.
R: citymanager\nelsons\200S corres\Temecula Participation in TUMF 8-23-05
ATTACHMENT:
Projects
Summary of Temecula's TUMF Contribution/Regional Infrastructure
R: citymanager\nelsons\200S corres\Temecula Participation in TUMF 8-23-05
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TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
AUGUST 9, 2005
A regular meeting of the City of Temecula Community Services District was called to order at
7:27 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
4
DIRECTORS:
Comerchero, Edwards, Naggar, and
Washington
ABSENT:
1
DIRECTORS:
Roberts
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 July 26, 2005.
2 Old Town Temecula Community Theater Grand Openinq
RECOMMENDATION:
2.1 Authorize the City Manager to approve a one-time expenditure of an amount not
to exceed $50,000 for the theater grand opening celebration entertainment.
2.2 Appropriate an additional $25,000 from TCSD Fund Balance to the TCSD theater
budget.
3 Acceptance of Replacement Landscape Bonds and Aqreements for Tract Map No.
29133
RECOMMENDATION:
3.1 Accept the Replacement Agreement and surety bonds from Gallery Traditions
Partners, LLC to improve the perimeter slopes and parkways along Ynez Road
and Open Space Lot 9 within Tract Map No. 29133.
R\Minules.csd\080905
4 Acceptance of Landscape Bonds and AGreements for Landscape Improvements of the
Wolf Creek Flood Control Channel (CSD04-0056)
RECOMMENDATION:
4.1 Accept the agreement and surety bonds from Standard Pacific Corporation for
the installation of the landscape improvements of the Wolf Creek Flood Control
Channel along Pechan9a Parkway.
5 Transfer of Ground Lease for Wireless Personal Communications Services Facility at
Paloma del Sol Park
RECOMMENDATION:
5.1 Approve the transfer of Ground Lease for the Wireless Personal Communications
Services Facility at Paloma del Sol Park from Cox PCS Assets, LLC to Sprint
PCS Assets, LLC.
MOTION: Director Naggar moved, seconded by Director Edwards, to approve Consent
Calendar Item Nos. 1-4. The electronic vote reflected approval with the exception of Director
Roberts who was absent and Director Naggar abstaininQ with regard to Item NO.1
DEPARTMENTAL REPORT
No additional comment.
DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comment.
GENERAL MANAGER'S REPORT
No additional comment.
BOARD OF DIRECTORS' REPORTS
No additional comments.
R:\Minutes.csd\080905
2
ADJOURNMENT
At 7:29 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, August 23, 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\080905
3
ITEM 2
APPROVA
CITY ATTORNEY
DIRECTOR OF FIN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Board of Directors
Herman D. Parker, Director of Community servic~
,
DATE:
August 23, 2005
SUBJECT:
Acceptance of Landscape Bonds and Agreements for Parcel Map
Nos. 29353, 29353-1 and 29353-2 Roripaugh Ranch Landscaped
Medians and Neighborhood Park
PREPARED BY:
Barbara Smith, Senior Management Analyst ~~
That the Board of Directors:
RECOMMENDATION:
1. Accept the agreement and surety bonds from Ashby USA, LLC to improve landscaped
medians along Butterfield Stage Road within Parcel Map No. 29353.
2. Accept the agreement and surety bonds from Ashby USA, LLC to improve landscaped
medians along Murrieta Hot Springs Road within Parcel Map No. 29353-1.
3. Accept the agreement and surety bonds from Ashby USA, LLC to improve Neighborhood
Park within Parcel Map No. 29353-2.
BACKGROUND: Pursuant to the conditions of approval for Parcel Map Nos. 29353,
29353-1 and 29353-2 Ashby USA, LLC is proposing to construct landscaped medians along
Butterfield Stage Road, North and South Loop Road, Murrieta Hot Springs Road and a
Neighborhood Park.
Once the landscaping is installed and the Temecula Community Services District (TCSD) has
approved these landscaped areas TCSD will take over the maintenance responsibilities of the
proposed medians and park site.
To insure that the medians and park are constructed to City standards, the developer is normally
required to post securities to improve these areas based upon the approved landscape/irrigation
plans and the certified construction cost estimates for the improvements. As of this date, the final
landscape plans for the landscaped medians along Butterfield Stage Road have not been approved.
TCSD has agreed to accept the bonds in the amount of 125% of the landscape/irrigation
improvement costs for this project. The landscape plans for the medians on Murrieta Hot Springs
and the Neighborhood Park have been approved and the bonds have been issued in the amount of
the certified construction costs.
R\ITHBIBOndS\SlaffMedianS-PMk Ro,ip,ugh.doc
Ashby USA, LLC has entered into an agreement with the City and has provided surety bonds,
issued by Developers Surety and Indemnity Company, as follows:
Landscaped Medians Alonq Butterfield StaGe Road (CSD04-0029):
1. Faithful Performance Bond No. 839679S in the amount of $596,341.00.
2. Labor and Materials Bond No. 839679S in the amount of $298,170.00.
3. Warranty Bond No. 839679S in the amount of $59,634.00.
Landscaped Medians AlonG Murrieta Hot Sprinqs Road (CSD04-0050):
1. Faithful Performance Bond No. 839680S in the amount of $138,841.00.
2. Labor and Materials Bond No. 839680S in the amount of $69,421.00.
3. Warranty Bond No. 839680S in the amount of $13,884.00.
Neiqhborhood Park (CSD03-0071):
1. Faithful Performance Bond No. 839678S in the amount of $1,155,266.00.
2. Labor and Materials Bond No. 839678S in the amount of $577,633.00.
3. Warranty Bond No. 839678S in the amount of $115,526.00.
Upon completion and acceptance of the improvements by the TCSD, staff will recommend the
appropriate release or reduction of the bonds.
FISCAL IMPACT:
borne by the developer.
None. The cost of construction for the perimeter slope areas will be
ATTACHMENTS:
Vicinity Map
Project Map
Agreement/Bonds.
R:\SMITHB\Bonds\Staff Medians-Park Roripaugh.doc
VICINITY MAP
RORIPAUGH
RANCH
PROJECT
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City Of Temecula
Community Services Department
43200 Business Pari< Drive' Mailing Address: P.O. Box 9033. Temecula, CA 92589.9033
(951) 694-6480' Fax (951) 694.0468' www.citvoflemecula.ora
Address of Subdivider (slreel):
Address of Subdivider (city, stale, zip):
Contact:
~~~K~;~ ~.
Name of Subdivision:
Roripaugh Ranch
29353
Medians CSD04-0029
$596,341.00
Address of Surety (street):
Address of Surety (city, state, zip):
Contact:
V's Sure +- :::rY1. d f/'YIn i
S 2CO
&1]
Lc..
Title:
Faithful Performance Bond
Labor and Materials Bond
~
g3<f~., .s
33<i"L,,<fS
$596,341.00
$298,170.00
$59,634.00
Bond for Warranty
1
R:\KJTCHEL, Janet\8onds\04-Q029\Parkland Landscape Agreement.doc
This Agreement is made and entered into by and between the City of
Temecula, California, a Municipal Corporation of the State of California,
hereinafter referred to as CITY, and the SUBDIVIDER.
RECITALS
A. SUBDIVIDER has presented to CITY for approyal and
recordation, a final subdivision map of a proposed subdivision pursuant to
provisions of the Subdivision Map Act of the State of California and the CITY
ordinances and regulations relating to the filing, approval and recordation of
subdivision maps. The Subdivision Map Act and the CITY ordinances and
regulations relating to the filing, approval and recordation of subdivision maps are
collectively referred to in this Agreement as the "Subdivision Laws."
B. A tentative map of the SUBDIVISION has been approved, subject
to the Subdivision Laws and to the requirements and conditions contained in the
Resolution of Approval. The Resolution of Approval is on file in the Office of the
City Clerk and is incorporated into this Agreement by reference.
C. SUBDIVIDER is required, as a condition of the approval of the
tentatiye map that the Parkland Improvement plans must be completed, in
compliance with City standards, by the Completion Date. The Subdivision Laws
establish as a condition precedent to the approval of a final map, that the
SUBDIVIDER has entered into a secured Agreement with the CITY to complete
the Parkland/Landscape Improvement Plans within the Completion Date.
D. In consideration of approval of a final map for the SUBDIVISION
by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby
promises to install and complete, at SUBDIVIDER'S own expense, all the
Parkland/Landscape Improyement work required by City in connection with
proposed subdivision. Subdivider has secured this agreement by
2
R:\KITCHEL. Janet\Bonds\04-Q029\Parkland Landscape Agreement.doc
Parkland/Landscaping Improvement Security required by the Subdiyision Laws
and approved by the City Attorney. The term "Parkland" includes landscape
areas intended to be maintained by the Temecula Community Services District.
E. Complete Parkland/Landscape Improvement Plans for the
construction, installation and completion of the Parkland Improvements have
been prepared by SUBDIVIDER and approved by the Director of Community
Services. The Parkland Improvement Plans numbered as referenced previously
in this Agreement are on file in the Office of the Director of Community Services
and are incorporated into this Agreement by this reference. All references in this
Agreement to the Parkland Improvement Plans shall include reference to any
specifications for the Improvements as approyed by the Director of Community
Services.
F. An estimate of the cost for construction of the Parkland
Improvements according to the Improvement Plans has been made and
approved by the Director of Community Services. The estimated amount is
stated on Page 1 of this Agreement. The basis for the estimate is attached as
Exhibit "A" to this Agreement.
G. The CITY has adopted standards for the construction and
installation of Parkland/Landscape Improvements within the CITY. The
Parkland/Landscape Improvement Plans have been prepared in conformance
with the CITY standards, (in effect on the date of approval of the Resolution of
Approyal).
H. SUBDIVIDER recognizes that by approyal of the final map for
SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER,
including the right to sell, lease, or finance lots within the SUBDIVISION, and has
taken the final act necessary to subdivide the property within the SUBDIVISION.
3
R:\KITCHEL, Janet\Bondsl04-0029\Parkland Landscape Agreement.doc
As a result, CITY will be damaged to the extent of the cost of installation of the
Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its
obligation under this Agreement, including, but not limited to, SUBDIVIDER'S
obligation to complete construction of Parkland/Landscape Improvements by the
Completion Date. CITY shall be entitled to all remedies available to it pursuant to
this Agreement and the Subdivision Laws in the event of a default by
SUBDIVIDER. It is specifically recognized that the determination of whether a
reversion to acreage or rescission of the SUBDIVISION constitutes an adequate
remedy for default by the SUBDIVIDER shall be within the sole discretion of
CITY.
NOT, THEREFORE, in consideration of the approval and recordation by
the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY
agree as follows:
1. SUBDIVIDER'S Obliaations to Construct Parkland/Landscapina Improvements.
SUBDIVIDER Shall:
a. Comply with all the requirements of the Resolution of Approval,
and any amendments thereto, and with the provisions of the Subdivision Laws.
b. Pursuant to the requirements of Labor Code Section 1720,
SUBDIVIDER shall pay prevailing wages for all work performed for the
construction, alteration, demolition, installation, or repair for the
Parkland/Landscape Improvement Work required by this Agreement. In
accordance with the provisions of Section 1773 of the Labbr Code of the State of
California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contractor from
the Director of the Department of Industrial Relations. These rates are on file
4
R:\KITCHEL, Janel\8ondsI04-Q029\Parkland Landscape Agreement.doc
with the City Clerk. Copies may be obtained at cost at the City Clerk's office of
the City of Temecula. Subdivider shall post a copy of such wage rates at the job
site and shall pay the adopted prevailing wage rates as a minimum. Subdivider
shall comply with the proYisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6,
and 1813 of the Labor Code and other applicable laws and regulations with
respect to the payment of prevailing wages. Pursuant to the provisions of 1775
of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of
$25.00 for each calendar day, or portion thereof, for each laborer, worker, or
mechanic employed, paid less, than the stipulated preyailing rates for any work
done under this Agreement, by it or by any subcontractor under it, in violation of
the provisions of the Agreement or in violation of any applicable laws or
regulations pertaining to the payment of prevailing wages.
c. Complete by the time established in Section 20 of this Agreement
and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement
work required on the Tentative Map and Resolution of Approval in conformance
with the Parkland Improyement Plans and the CITY standards:
d. Furnish the necessary materials for completion of the Parkland
Improyements in conformity with the Parkland Improyement Plans and CITY
standards.
e. Except for easements or other interested in real property to be
dedicated to the Homeowners Association of the SUBDIVISION, acquire and
dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements
and other interests in real property for construction or installation of the
Parkland/Landscape Improyements, free and clear of all liens and encumbrances
for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site
5
R:\KITCHEL, Janel\Bonds\04-0029\Parkland Landscape Agreement.doc
rights-of-way, easements and other interests in real property shall be subject to a
separate Agreement between SUBDIVIDER and CITY.
2. Acauisition and Dedication of Easements or Riahts-of-Way. If any of the
Parkland/Landscape Improvements and land deyelopment work contemplated by this
Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no
construction or installation shall be commenced before:
a. The offer of dedication to CITY or appropriate rights-of-way,
easements or other interest in real property, and appropriate authorization from
the property owner to allow construction or installation of the Improvements or
work, or
b. The dedication to, and acceptance by, the CITY of appropriate
rights-of-way, easements or other interests in real property, and approved by the
Department of Public Works, as determined by the Director of Community
Services.
c. The issuance by a court of competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. SUBDIVIDER shall
comply in all respects with order of possession. Nothing in this Section 2 shall be
construed as authorizing or granting an extension of time to SUBDIVIDER.
3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S
performance of this Agreement by furnishing to CITY, and maintaining, good and
sufficient security as required by the Subdivision Laws on forms approved by CITY for
the purposes and in the amounts as follows:
a. to assure faithful performance of this Agreement in regard to said
improvements in and amount of 100% of the estimated cost of the
Parkland/Landscape Improvements; and
6
R:\KITCHEL, Janel\Bonds\04-0029\Par1<land Landscape Agreemenl.doc
b. to secure payment to any contractor, subcontractor, persons
renting equipment, or furnishing labor materials for Parkland/Landscape
Improyements required to be constructed or installed pursuant to this Agreement
in the additional amount of 50% of the estimated cost of the Improvements; and
c. to guarantee or warranty the work done pursuant to this
Agreement for a period of one year following acceptance thereof by CITY against
any defective work or labor done or defectiye materials furnished in the additional
amount of 10% of the estimated cost of the Parkland Improvements. The
securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on Page 1 of this Agreement are
incorporated into this Agreement by this Reference. If any security is replaced by
another approyed security, the replacement shall be filed with the City Clerk and,
upon filing, shall be deemed to haye been made a part of and incorporated into
this Agreement. Upon filing of a replacement security with the City Clerk, the
former security may be released.
4. Alterations to Parkland Improvement Plans.
a. Any changes, alterations or additions to the
Parkland/Landscape Improvement Plans and specifications or to the
improvements, not exceeding 10% of the original estimated cost if the
improvement, which are mutually agreed upon by the CITY and SUBDIVIDER,
shall not relieve the improvement security given for faithful performance of this
Agreement. In the event such changes, alterations, or additions exceed 10% of
the original estimated cost of the improvement, SUBDIVIDER shall provide
improvement security for faithful performance as required by Paragraph 3 of this
Agreement for 100% of the total estimated cost of the improvement as changed,
7
R:\KITCHEL, Janet\BondslO4-0029\Parkland Landscape Agreement.doc
altered, or amended, minus any completed partial releases allowed by Paragraph
6 of this Agreement.
b. The SUBDIVIDER shall construct the Parkland Improvements in
accordance with the CITY Standards in effect at the time of adoption of the
Resolution of Approval. CITY reserves the right to modify the standards
applicable to the SUBDIVISION and this Agreement, when necessary to protect
the public health, safety or welfare or comply with applicable State or federal law
or CITY zoning ordinances. If SUBDIVIDER requests and is granted an
extension of time for completion of the improvements, CITY may apply the
standards in effect at the time of the extension.
5. Inspection and Maintenance Period.
a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape
Improvements in accordance with the City standards in effect at the time of
adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain
proper facilities and safe access for inspection of the Parkland Improvements by
CITY inspectors and to the shops wherein any work is in preparation. Upon
completion of the work the SUBDIVIDER may request a final inspection by the
Director of Community Services, or the Director of Community Service's
authorized representative. City Council authorizes the Director of Community
Services or the Director of Community Services authorized representative to
accept the landscaped medians, perimeter slopes, and parks into the Community
Services Maintenance System which is funded by the Parks and Lighting Special
Tax.
b. SUBDIVIDER shall continue to maintain the
Parkland/Landscape Improvements for ninety (90) days after they haye been
certified completed. No improvements shall be finally accepted unless the
8
R:\KITCHEL, JanetIBonds\04-0029\Parkland Landscape Agreement.doc
maintenance period has expired, and all aspects of the work have been
inspected and determined to haye been completed in accordance with the
Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER
shall bear all costs of inspection and certification.
6. Release of Securities. Subject to approval by Community Services, the
securities required by this Agreement shall be released as follows:
a. Security given for faithful performance of any act, obligation, work
or Agreement shall be released upon the expiration of the maintenance period
and the final completion and acceptance of the act or work, subject to the
provisions of subsection (b) hereof.
b. The Director of Community Services may release a portion of the
security given for faithful performance of improvement work as the Parkland
Improvement progresses upon application therefore by the SUBDIVIDER;
proYided, howeyer, that no such release shall be for an amount less that 25% of
the total Parkland Improyement Security given for faithful performance of the
improvement work and that the security shall not be reduced to an amount less
than 50% of the total Parkland/Landscape Improyement Security given for faithful
performance until expiration of the maintenance period and final completion and
acceptance of the improvement work. In no event shall the Director of
Community Services authorize a release of the Parkland/Landscape
Improvement Security, which would reduce such security to an amount below
that required to guarantee the completion of the improvement work and any other
obligation imposed by this Agreement.
c. Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six
months after the completion and acceptance of the work, be reduced to an
9
R:\KITCHEL, JanetIBonds\04-002S\Parkland Landscape Asreement.doc
amount equal to the total claimed by all claimants for whom lien haye been filed
and of which notice has been given to the legislative body, plus an amount
reasonable determined by the Director of Community Services to be required to
assure the performance of any other obligations secured by the Security. The
balance of the security shall be released upon the settlement of all claims and
obligations for which the security was given.
d. No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed
during the warranty period have been settled. As provided in paragraph 10, the
warranty period shall not commence until final acceptance of all work and
improvements by the City Council.
e. The CITY may retain from any security released, and amount
sufficient to cover costs and reasonable expenses and fees, including reasonable
attorney's fees.
7. Iniury to Public Improvements. Public Property or Public Utilities Facilities.
SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case
may be, all public improvements, public utilities facilities and surveying or subdivision
monuments which are destroyed or damaged or destroyed by reason of any work done
under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs
of any and all public property on public utility property damaged or destroyed by reason
of any work done. Under this agreement whether such property is owned by the United
States or any agency thereof, or the State of California, or any agency or political
subdivision thereof, or by the CITY or any public or private utility corporation or by any
combination or such owners. Any repair or replacement shall be to the satisfaction, and
subject to the approval, of the City Engineer.
10
R:\KITCHEL, JanetIBonds\04-0029\Pandand Landscape Agreement.doc
8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all
necessary permits and licenses for the construction and installation of the
improvements, give all necessary notices and pay all fees and taxes required by law.
9. Default of SUBDIVIDER
a. default of SUBDIVIDER shall include, but not be limited to,
SUBDIVIDER'S failure to timely commence construction pursuant to this
Agreement; SUBDIVIDER'S failure to timely commence construction of the
Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the
defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to
perform substantial construction work for a period of 20 calendar days after
commencement of the work; SUBDIVIDER'S insolvency, appointment of a
receiver, or the filing of any petition in bankruptcy either voluntary or involuntary
which SUBDIVIDER fails to discharge within thirty (30) days; the commencement
of a foreclosure action against the SUBDIVISION or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to
perform any other obligation under this Agreement.
b. The CITY reserves to itself all remedies available to it at law or in
equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY
shall have the right, subject to his section, to draw upon or utilize the appropriate
security to mitigate CITY damages in event of default by SUBDIVIDER. The right
of CITY to draw upon or utilize the security is additional to and not in lieu of any
other remedy ayailable to CITY. It is specifically recognized that the estimated
costs and security amounts may not reflect the actual cost of construction or
installation of Parkland/Landscape Improvements and, therefore, CITY damages
for SUBDIVIDER'S default shall be measured by the cost of completing the
required improvements. The sums proyided by the improyement security may be
11
R:\KITCHEL, JaneIIBonds\04-0029\Parkland Landscape Agreement.doc
used by CITY for the completion of the Parkland/Landscape Improyements in
accordance with the Parkland/Landscape Improvement Plans and specifications
contained herein. In the event of SUBDIVIDER'S default under this Agreement,
SUBDIVIDER authorizes CITY to perform such obligation twenty days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety,
and agrees to pay the entire cost of such performance by CITY. CITY may take
over the work and prosecute the same to completion, by contract or by any other
method CITY may deem adYisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess
cost or damages occasioned CITY thereby; and, in such event, CITY without
liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plan and other property belonging to SUBDIVIDER
as may be on the site of the work and necessary for performance of the work.
c. Failure of SUBDIVIDER to comply with the terms of this
Agreement shall constitute consent to the filing by CITY of a notice of violation
against all the lots in the SUBDIVISION, or to rescind the approval or otherwise
revert the SUBDIVISION to acreage. The remedy provided by this Subsection C
is in addition to and not in lieu of other remedies available to CITY.
SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S
breach shall be in the discretion of CITY.
12
R:\KITCHEL, JanetIBonds\04-0029\Par1<iand Landscape Agreement.doc
d. In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY
in securing performance of such obligations, including costs of suit and
reasonable attorney's fees.
e. The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default
or breach or any subsequent default or breach of SUBDIVIDER.
10. Warranty. SUBDIVIDER shall guarantee or warranty the work done
pursuant this Agreement for a period of one year after expiration of the maintenance
period and final acceptance by the City Council of the work and improvements against
any defective work or labor done or defective materials furnished. Where
Parkland/Landscape Improvements are to be constructed in phases or sections, the one
year warranty period shall commence after CITY acceptance of the last completed
improvement. If within the warranty period any work or improvement or part of any work
or improvement done, furnished, installed, constructed or caused to be done, furnished,
installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this
Agreement or the Parkland/Landscape Improyement Plans and specifications referred to
herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace
or reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure. Should SUBDIVIDER fail to act promptly or in accordance with this
requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work
twenty days after mailing written notice of default to SUBDIVIDER and to
SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY
determine that an urgency requires repairs or replacements to be made before
SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary
13
R:\KITCHEL, JanellBondslO4-0029\Parkland Landscape Agreemenl.doc
repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to
CITY the cost of such repairs.
11. Subdivider Not Aoent of City. Neither SUBDIVIDER nor any of
SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in
connection with the performance of SUBDIVIDER'S obligations under this Agreement.
12. Iniury to Work. Until such time as the Parkland/Landscape Improvements
are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to
any of the improvements constructed or installed. CITY shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless
of cause, happening or occurring to the work or improvements specified in this
Agreement prior to the completion and acceptance of the work or improvements. All
such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Aoreements. Nothing contained in this Agreement shall preclude
CITY from expending monies pursuant to agreements concurrently or previously
executed between the parties, or from entering into agreement with other subdiYiders for
the appointment of costs of water and sewer mains, or other improvements, pursuant to
the provisions of the CITY ordinances providing therefore, nor shall anything in this
Agreement commit CITY to any such apportionment.
14. SUBDIVIDER'S Oblioation to Wam Public Durino Construction. Until final
acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate
warning to the public of each and every dangerous condition existent in said
improvements, and will take all reasonable actions to protect the public from such
dangerous condition.
15. Vestino of Ownership. Upon acceptance of work on behalf of CITY and
recordation of the Notice of Completion, ownership of the improvements constructed
pursuant to this Agreement shall vest in CITY.
14
RIKITCHEL. Janel\Bondsl04-0029\Parkland Landscape Agreemenl.doc
16. Final Acceptance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Council upon recommendation of the Director of Community
Services after final completion and inspection of all Parkland/Landscape Improvements.
The Board of Directors shall act upon the Director of Community Services
recommendations within thirty (30) days from the date the Director of Community
Services certifies that the work has finally completed, as provided in Paragraph 5. Such
acceptance shall not constitute a waiver of defects by CITY.
17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance of this
Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials
and employees from any and all claims, demands, causes of action, liability or loss of
any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or
employees in the performance of this Agreement, including all claims, demands, causes
of action, liability, or loss because of, or arising out of, in whole or in part, the design or
construction of the Parkland/Landscape Improvements. This indemnification and
Agreement to hold harmless shall extend to injuries to persons and damages or taking of
property resulting from the design or construction of the Parkland/Landscape
Improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design or construction of public
drainage systems, streets and other public improvements. Acceptance of any of the
Parkland/Landscape Improvements shall not constitute any assumption by the CITY of
any responsibility for any damage or taking covered by this paragraph. CITY shall not
be responsible for the design or construction of the Parkland/Landscape Improvements
pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any
negligent action or inaction taken by the CITY in approving the plans, unless the
15
R\KITCHEL, JanetIBondsI04-0029\Parkland Landscape Agreement.doc
particular improyement design was specifically required by CITY over written objection
by SUBDIVIDER submitted to the Director of Community Services before approval of the
particular improvement design, which objection indicated that the particular improyement
design was dangerous or defective and suggested an alternative safe and feasible
design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER
shall remain obligated to eliminate any defect in design or dangerous condition caused
by the design or construction defect, however, SUBDIVIDER shall not be responsible for
routine maintenance.
Provisions of this paragraph for Parkland/Landscape
Improvements shall remain in full force and effect for ten years following the acceptance
by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all
liability for design and construction of the Parkland/Landscape Improvements installed or
work done pursuant to this Agreement and the CITY shall not be liable for any
negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing,'
checking, or correcting any plans or specifications or in approving, reviewing or
inspecting any work or construction. The improvement security shall not be required to
cover the provision of this paragraph.
18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this
property will not relieye SUBDIVIDER from the obligations set forth herein. If
SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION
to any other person, the SUBDIVIDER may request a noyation of this Agreement and a
substitution of security. Upon approval of the noyation and substitution of securities, the
SUBDIVIDER may request a release or reduction of the securities required by this
Agreement. Nothing in the noyation shall relieve the SUBDIVIDER of the obligations
under Paragraph 17 for the work or improvement done by SUBDIVIDER.
16
R\KITCHEL. Janel\BondsI04-002S\Parkland Landscape Asreement.doc
19. Time of the Essence. Time is of the essence of this Agreement.
20. Time for Completion of Work Extensions. SUBDIVIDER shall complete
construction of the improvements required by this Agreement no later t~b
In the event good cause exists as determined by the City Engineer, and if otherwise
permitted under the tentative map condition, the time for completion of the improvements
hereunder may be extended. The extension shall be made by writing executed by the
Director of Community Services. Any such extension may be granted without notice to
SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the
Surety or Sureties on any security giyen for this Agreement. The Director of Community
Services shall be the sole and final judge as to whether or not good cause has been
shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the
commencement of work, resulting from an act of CITY, or by an act of God, which
SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather
which prevents the conducting of work, or by strikes, boycotts, similar actions by
employees or labor organizations, which prevent the conducting or work, and which
were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for
an extension of time for completion. As a condition of such extension, the Director of
Community Services may require SUBDIVIDER to furnish new security guaranteeing
performance of this Agreement as extended in an increased amount as necessary to
compensate for an increase in construction costs as determined by the Director of
Community Services.
21. No VestinG of Riahts. Performance by SUBDIVIDER of this Agreement
shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any
change in any zoning or building law or ordinance.
17
R:\KITCHEL, Janetl8ondsI04.Q029\Parkland Landscape Agreemenl.doc
22. Notices. All notices required or provided for under this Agreement shall
be in writing and delivered in person or sent by mail, postage prepaid and addressed as
proyided in this Section. Notice shall be effective on the date it is delivered in person, or,
if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as
follows unless a written change of address is filed with the City:
Notice to CITY:
City Clerk
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Notice to SUBDIVIDER:
~
~70 f:.
r fT{)nr:.
Contact .'
lASR U c..
,
J:TCln::.~~cn .5L
rrA CJ2<t7Ci
Pder 0 luh
23. Seyerability. The proyisions of this Agreement are severable. If any
portion of this Agreement is held inyalid by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect unless amended or
modified by the mutual consent of the parties.
24. Captions. The captions of this Agreement are for convenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid in the
interpretation, construction or meaning of any provisions of this Agreement.
25. Litioation or Arbitration. In the event that suit or arbitration is brought to
enforce the terms of this contract, the preyailing party shall be entitled to litigation costs
and reasonable attorney's fees.
18
R:\KITCHEL, JanetIBondsl04-0029\Parkland Landscape Agreement.doc
26. Incorooration of Recitals. The recitals to this agreement are hereby
incorporated into the terms of this agreement.
27. LeGal Responsibilities. The Subdivider shall keep itself informed of all
local, State and Federal laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its obligations pursuant to this
Agreement. The Subdivider shall at all times observe and comply with all such laws and
regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Subdivider to comply with this section.
28. Entire Aareement. This Agreement constitutes the entire Agreement of
the parties with respect to the subject matter. All modifications, amendments, or waivers
of the terms of this Agreement must be in writing and signed by the appropriate
representative of the parties. In the case of the CITY, the appropriate party shall be the
City Manager.
19
R:\KITCHEL. JanetIBonds\04-Q029\Parkland Landscape Agreement.doc
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its
Mayor.
SUBDIVIDERRBhby USA} LLC-
a Ccdi~n"i:c.. li..,y,~cl Ilc<bi I;D:\ to.
By: Rshbu Dexe\nprrr.-nt Cn ').1Jx.- By:
o MUIlClf1I ':1 MerutJe-r
Name: zr~~~n k nnhhj_
Name:
Title:
CITY OF TEMECULA
Name:
Title:
(Proper Notarization of SUBDIVIDER'S signature
is required and shall be attached)
ATTEST:
By:
Susan W. Jones, CMC, City Clerk
RECOMMENDED FOR APPROVAL:
By:
Name:
William G. Hughes,
Director of Public Works/City Engineer
By:
Name:
Herman D. Parker
Director of Community. Services
APPROVED AS TO FORM:
By:
Peter Thorson
City Attorney
R:\KJTCHEL, JanetIBondsI04-0029\Parkland Landscape Agreement.doc
20
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of -R; 'Ie (,S i r\ L..
On
before me,
Dale
personally appeared
--------_.-.__.-_.-.~
TRACY M. BROWNE
l@ Commlaslon 1/1394895
i .. NotalY Public, California ~
~ Riverside County ~
__ _ _ ~:~m:...~~Ja:2C:2~7
} ss.
K.
Name and Tille 01 OfIicer ( .
Qf-Jt)bl~/
Name{s)01 SigllOr(s)
!Z'Personally known to me
o proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/_
subscribed to the within instrument and
acknowledged to me that he/~ey executed
the same in his/RerIl!leir authorized
capacitY(ie6l, and that by his/AefIlReif
signature(p) 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.
~
rr; &.IW,.."..J
Signalure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: tr)M S
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-In-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
Number of Pages:
.
Top of thumb here
C 1999 National Notary Association. 9350 De Solo Ave., P.O. 8oJl2402. Chatsworth, CA 91313-2402. www.natiQna!notary.org
Prod. No. 5907
Reorder.CaIlTolI-Freel-&lO-B76-6827
EXHIBIT A
(Attach the basis for the estimate of the cost of improyements.)
21
R:\KITCHEL, JanellBondsI04-Q029\Parkland Landscape A9reement.doc
RORIPAUGH RANCH
. .. ~~reetscapes
Irrigation and Landscape
------. -j -...... -I"
.1.__
Final Cost Estimate
.. :. .1
June 10, 2005
.. .- !QIY.lliNlr~iiiN;TCOST1.-~~;A~--'
: 6- i -i=A!- $10,OOO~oor-~~0~0.Q():Qo
ij53):l.Oi:j;Ll._.:~-$o.~5 i:__ $Z2,27~.~0.
-:-- _ -- --i ____~___ _ _!_ J132.!~7~:?0
I ! _____i__________ ,_ _J. ... __._.._....._ __
! .QIY. :!JfJJI I UNIT COST; TOTAL
. . .i~8_5,03o.J)f:-f ---$O~22J . - .:$18:-;0.660
. 316 ! EA $250..00 , . _Ell.,~OO.o.O
-, - -----. .'.-.-- -'."'1 -
8,3~4 EA $18.00... $!50,()!~.Oo.
80,2~2 i. Sf .$0..80 , . $64,217.60
4,758 sy . .. .$Q.50 . $2,~79.00
J61. CY $30.00 .._$~2,830.00
85,030 SF. . $0.(j4 , . $3,401.20
85,030 SF $0.0.5 , ..$4.251.50.
i$.34'!Z9~:90.
T - -:---
, ,
- --. - -- _n._ . n__. - 1-- ____n___. i----- -------- !-- -."---
. ,
.-1- "qmo. . PICtnSLlot_/~f.Cyljidve;:[ ~+___ _~..
i I !
TCSD MAINTAINED PARKWAYS
IRRIGA TION
1. ,Controller-
--- ---- ---
2. . Automatic Irrigation Sys.tem:sfll'llyhea.ds
SUBTOTAL
LANDSCAPE
4. Soil Preparation and Fine Grading.
5.' 36" Box Trees
6. 5 Gallon Shrubs
7. Ground Cover Flats
8. Turf
9. Mulch 3"- parkway
10. . 30 Day Plant Establishment
11 60 Day Post Maintenance Period
SUBTOTAL
TOTAL
_rl OOJ~
j) ty/
c?
Suretv Bond Review
The attached surety bonds (Developers Surety and Indemnity Company) have been
reyiewed. (Roripaugh Ranch Median)
Bond Amount
839679S
$ 596,341
$ 298,170
$ 59,634
Id'The surety company is an admitted company in the State of California
~dmitted company was verified at
www.insurance.ca.gov/docs/fs/admitted.htm
DThe surety company is not an admitted company in the State of California
Surety bond reference is A.M. Best 2004 version 071400 (A-:FSC V)
Verified by:
~~
s Papagolos, Fiscal Services Manager
Approved As to Form:
Peter M. Thorson, City Attorney
Company Profile
Company Profile
Page I of2
DEVELOPERS SURETY AND INDEMNITY
COMPANY
17780 FITCH, SUITE 200
IRVINE, CA 92613
Agent for Service of Process
ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #:
NAIC Group #:
California Company ID #:
Date authorized in California:
License Status:
Company Type:
State of Domicile:
12718
0075
4606-0
August 30, 1999
UNLIMITED-NORMAL
Property & Casualty
IOWA
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of any ofthese
terms, please refer to the glossary.
SURETY
Company Complaint Information
(i"" Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
httn://cdin~WW"W_in~l1r~n(':prJ1 anv/nh:lum ("0 nrnflir1h t"1'\ nrnf ntlop-t r-n .",r"PJ..... PTn=1"1l1~{,\
f\O/(Y2/"l{)f\C
Bond No. 839679S
Premium included in charge
for Performance Bond
CITY OF TEMECULA
PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND
WHEREAS, the City of Temecula, State of California, and Ashby USA, LLC
(hereinafter designated as "Principal") have entered into an Agreement whereby
Principal agrees to install and complete certain Parkland Improvements, which said
Agreement, dated ..:f\.\I)'lg, 200S , and identified as "Roripaugh Ranch Medians
CSD04-0029" , is hereby referred to and m'ade a part hereof; and
WHEREAS, under the term of said Agreement, Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Temecula, to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California; and
Developers Surety and-
NOW, THEREFORE, we the principal and Indemnitv Company as
Surety, are held and firmly bound unto the City of Temecula, California, and all
contractors, subcontractors, laborers, material men, 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 $298,170.00, lawful money of the United States, for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that Surety will pay the same in an
amount not exceeding the amount set forth,
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees,
R:\KITCHEL, Janet\BondsI04-0029\parkland landscape labor and materials bond.doc
Page 1 013
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.
It is hereby expressly stipulated and agreed that this bond shall insure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
If the condition of this bond is fully performed, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed there
under or the specifications accompanying the same shall in anyway affect its obligations
on this bond, and it does hereby waive notice of any such changes, extension of time,
alteration or addition to the terms of the Agreement or to the work or to the
specifications.
R\KlTCHEL, JanetIBonds\04-0029\parkland lands;"pe labor and ':';aterials bond.doc
Page 2 of 3
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety aboye named, on July 18 , 2005
(Seal)
DEVELOPERS SURETY AND INDEMNITY COMPANY
SURETY
BY:~~Q._a (??,
Rhonda C. Abel
(Name)
Attorney-in-Fact
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
(Seal)
ASHBY USA, LLC. a California limited liability cmpany
PRINCIPAL
hby Developrent COOpany, Inc.. a Califcrnia
ts:. corporation
Justi n K. Ashby
By:
President
(Title)
(Name)
(Title)
R:iKrTCHEl,:,JaneiIBOOds\04-0029\par1<land landscape labor and materials bond.doc
Page 3 of 3
. .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
"""
State of California
County of J\; V(<> n; i r\ (".
}~.
On
7 - I C) - (').~ beforeme,lml~1/
Date /
. \i.iSfi'\ k Ctf-,I)bl)~/
Name(s)of Signer(Slj
r;apersonally known to me
o proved to me on the basis of satisfactory
evidence
;") I ) ~
11 nrrAl',rY;" Not" ~ \ i.1 i\ ,(~ ,
Name and Title 01 Oftlcer ( "Jane Doe N Public1
j
personally appeared
TRACY M. BROWNE
@ Commwlon # 1394895
j . .. Notary Public - California ~
Riverside County ~
j _ _ _ ~:~m:X~_Ja~2~2~7
to be the person(s) whose name(s) is/8f8
subscribed to the within instrument and
acknowledged to me that he/5Ae/lRey executed
the same in hislller!lheir authorized
capacity(ies), and that by his/hefItAeir
signature~ on the instrument the person(s), or
the entity upon behalf of which the person(1)
acted, executed the instrument.
WITNESS my hand and official seal.
~fO r.:L~~~rGU
OPTIONAL
Though the information below is not required by law, ;r may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Q-,(',r-l '::>
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-In-Fact
o Trustee
o Guardian or Conservator
o Other:
TOp of thumb hefe
Signer Is Representing:
01999 Nalional NoWyAs:sociation 09350 De SotoAve., P.O. 8oJ:; 20402 oChltswol1h, CA91313-2402._.natlonalnolaly.org
PR:ld.. No. 5907
RlIOrder. Call ToI-free HlOO.876-6ll21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
On July 18 2005
DATE
personally appeared Rhonda C. Abel
before me, Jen Apodaca, Notary Public
NAME. TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC.
NAME(S) OF SIGNER(S)
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.
181 personally known to me - OR - 0
.l.. JERI APODACA ~
- Comm./1379729
~(/)\ -. NOTARY PUBLIC-CALIFORNIA ~
OrangeCounly ....
~~y Comm. Expires OeL 12, 2006 'i"
WITNESS my hand and official seal.
Ele~ ~on
SIGN URE OF NOTA~
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
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o LIMITED
o GENERAL
o PARTNER(S)
181
o
o
o
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTl1Y(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4Oll7/GEEF 2198
@1993 NATIONAL NOTARY ASSOCIATION, 8236 Remmel Ave.. P.O. Box 7164. Canoga Park. CA 91309-7184
'l. ".
Bond No, 839679S
Premium $7,156.00
CITY OF TEMECULA
PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Temecula, State of California, and Ashby USA, LLC
(hereinafter designated as "Principal") have entered into an Agreement whereby
Principal agrees to install and complete certain Parkland Improvements, which said
Agreement, dated :r I.\.\y Ir{ 20o...S, and identified as "Roripaugh Ranch Medians
CSD04-0029", is hereby referred to and made a part hereof; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a
bond for the Faithful Performance of the Agreement;
. Developers Surety and
NOW, THEREFORE, we the Principal and Indemnitv Companv as surety,
are held and firmly bound unto the City of Temecula, California, in the penal sum of
$Sga,341.00, 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 aboye-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.
R:\KITCHEL, JaneIIBondslO4-D029'9arkland landscape faithful performance.doc
Page 1 of3
.yt\l ~;
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 there
under or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or the work or to the
specifications.
11/
R:\KITCHEL, Janet\Bonds\04-0029\par1dand landscape fanhlul performance.doc
Page 2 013
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on July 18 , 2005
(Seal)
(Seal)
DEVELOPERS SURETY AND INDEMNITY COMPANY
SURETY
By: "-.., -~ 0,.-' (J,. (JJ~
ASHBY USA, LLC. a California limited liability cmpany
PRIN PAL
By' 'I Deve 1 OJlIEI1t Calpany, rnc.. a Cali forni a
ation
Rhonda C, Abel
(Name)
usti n K. Ashby
Attorney-in-Fact
(Title)
President
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
f'l:\KITCHEL. JanetIBonds\U4'0029lpatkland.landSeapa .fanhfur:perfonnance.doc
Page 3 of 3
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of -R; Vt-' (;; \ r:\ L_
On
7 - I 9 - Cj5
~.
} 55.
D..
personally appeared , \ US ti II
J ~ - ~ - - ~ - ~ - - - ~ ~
TRACY M. BROWNE
@ Commlulon # 1394895
i.. Notory Public . Callfornta ~
~ Riverside County t
_ _ _ ~:~m:X~_Ja:2<:2~7
k
Name and Tllle of OffIcer ( .
[\$".,1) tll'(
Name(s) 01 Sigrl8r(s)
G?'Personally known to me
o proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/_
subscribed to the within instrument and
acknowledged to me that helsReltlley executed
the same in hislherltheir authorized
capacity(iesj, and that by hisilleflllleif
signatureW 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.
, tILl /0 if) J3JA01 In 1 ./
SlgnatureolNotaryPubJic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removaf and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document: Cr)\\r1 ~
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Trtle(s):
o Partner - 0 Umited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
Number of Pages:
Top of thumb here
C 1999 Nallonal NOlaIyAssoc::iatlon. 93SO De So&oA~., P.O. Box: 2402- Chatsworth, CA 91313-2402 0 www.natlonaIoolary.org
Prod. No. 5907
Aeoroer.CIlIIToII.FrHl-800-S76-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
On
July 18 2005
DATE
before me, Jen Apodaca, Notary Public
NAME. TinE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC"
personally appeared Rhonda C. Abel
NAME(S) OF SIGNER(S)
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.
~ personally known to me - OR - 0
l@ JERI APODACA ~
- .. Comm. I 1379729
~II) \ NOTARY PUBl.'('c'lIFOANIA lfI
OrangeCOunlV -
My Comm, ExplrlS Oct. 12,2006 t
WITNESS my hand and official seal.
~ ~~~ r~
SIGNAT E OF NOTARY
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
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o LIMITED
o GENERAL
o PARTNER(S)
~
o
o
o
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98
@1993NATIONALNOTARYASSOCIATlON.8236RemmetAve..P.O. Box 7184. Canoga Park, CA 91309-7184
Bond No. 839679S
CITY OF TEMECULA
Premium included in charge
for Performance Bond
PARKLAND/LANDSCAPE WARRANTY BOND
WHEREAS, the City of Temecula, State of California (hereinafter designated as
"City"), and Ashby USA. LLC (hereinafter designated as "Principal") have entered
into an Agreement whereby Principal agrees to install and complete certain designated
Parkland Improvements, which said Agreement, dated
.:r t.L\'( I e
200.5 , and identified as "Roripaugh Ranch
Medians CSD04-0029", is hereby referred to and made a part hereof; and
WHEREAS, Principal is required to warranty the work done under the tenns of
the Agreement for a period of one (1) year following acceptance thereof by City against
any defective work or labor done or defective materials furnished, in the amount of ten
percent (10%) of the estimated cost ofthe improvements;
Developers Surety and
NOW, THEREFORE, we the Principal and Indemnity Company as
surety, are held and finnly bound unto the City of Temecula, California, in the penal sum
of $59,634.00, 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 perfonn 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 perfonned at the time and in the manner therein specified, and in all
R:\KITCHEL, Janel\BondsI04-0029\palkland landscape Warranty Bond 1.doc
Page 1 of 3
respects according to his or their true intent and meaning, and shall indemnify and saye
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
hereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
R:\KJTCHEL, JanetIBonds\04-0029\parkland landscape Warranty Bond 1.doc
Page 2 of 3
., .
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on
July 18
, 200.2.....-.
(Seal)
(Seal)
DEVELOPERS SURETY AND INDEMNITY COMPANY
SURETY
By: ~c=r:::> C/ p
Rhonda C. Abel
(Name)
ASHBY USA, LLC, a California limited liability caqJany
PRINCIPAL
@( By: Ashby Devel~rrent Carpany, Inc., a California .
CJ:;;:;~ . ~"oo
-- I(. - . -..rn, K._
(Na e ~
Attornev-in-Fact
(Title)
President
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
_0.== ,~-- ,,~-'cR_T-Cj,tf'L,.Ja1l8l\BQnds\04dl!l2ll\il~l1\I~nd .1~n9S~ W~rr~nty Bond 1.doc
P~g~ 3 013
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of -R; {,= (,C; i d (,
}$.
On 7 - I CJ - n 5 before meJ(,^1 t, 1/ 1"1 . h rrJiJ'dY', lliLt-o n i Pu h i ;D ,
Date I Name and TItle of Olflcer (&:g., "Jane Doe, NQi8";J Public1
personally appeared ,\lAstin k Cthht>I'l/ I
Name(SJof5lgnet(1}j
G<!"Personally known to me
o proved to me on the basis of satisfactory
evidence
~~-----------
@ !RACYM. BROWNE
- .-. Commlaslon # 1394895 J
i -. Notary Public. Calffornla f
Rlverslde County -
My Comm. Expires Jan 20, 2007
to be the person(s) whose name(s) is/life
subscribed to the within instrument and
acknowledged to me that hel<lAellAey executed
the same in his/heritheir authorized
capacity(iesj, and that by his/~
signature~ on the instrument the person(s), or
the entity upon behalf of which the person(p)
acted, executed the instrument.
WITNESS my hand and official seal.
J.a~(j fY) ./knVYU./
$ignatureof Nolafy Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: (r)(1r1 '::>
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limtted 0 General
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other:
TOp of thumb here
Signer Is Representing:
C 1999 NationalNoCaryAssociation. 9350 De SotoAve., P.O. Bole 2402 0 ChaISwOl1h. CA91313-2402owww.nallDnalnolafy.org
Prod. No. 5907
Raort\er:Call Toll-Frve1-800-8'16-8827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
On July 18 2005
DATE
personally appeared Rhonda C. Abel
before me, Jeri Apodaca, Notary Public
NAME. TITl.E OF OFFICER - E.G.. . JANE DOE, NOTARY PUBLIC'
NAME(S) OF SIGNER(S)
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.
~ personally known to me - OR - D
J~ JERI APODACA ~
-Ill Comm,#1379729 In
-. NOTARVPUBUC-CAlIFORNIA VI
, Orange County :
f .' My (amm, f~plfe5 Oc1.12.200li ~
WITNESS my hand and official seal.
&6~M
SIGNA RE OF NOTAR~
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
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
D LIMITED
D GENERAL
D PARTNER(S)
~
D
D
D
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTI1Y(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98
@1993NATlONALNOTARYASSOCIATlON.8236RemmetAve., P.O. Box 7184. Canoga Park. CA 9130g...7184
'1 \
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE. CA 92623 (9491263.3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint
"""Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Patricia H. Brebner, Jane
Kepner, Nanette Myers, Jeri Apodaca, Leigh McDonough, Ashley K. Ward, Rachelle Rheault,
jointly or severally"""
as their true and lawful Altorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attomey(sHn-Faet full power and authority to do and to perform eveI)' act neeessal)', requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Attomey(s)-in.Faet, pursuant to these presents, arc hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,2000:
RESOLVED, that the Chainnan of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to exeeute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the SecretaI)' or any Assistant SecretaI)' of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached,
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective SecretaI)' this I st day of February, 2005.
c- ,) ~~.
')
".,.........""
"",,';"" AND IN.'''',
"",,~<<, "........... <:>~'"''''
I~ ....~"POIl.q~'...~
f~ it) ~\~\
~~ i 01~T. }~ i
;~\ 1936 f~ii
. "'.... ....lil
.1'.,>,.... IOW~ ,"'~"','
...... Q .............. "'~~'"
""'", * ,....,..
.'.....111"'..
By:
"'~'"" Ak~
Walter A. Crowell, SecretaI)'
STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
On February 1,2005, before me, Nita G Hiffmeyer, personally appeared David H, Rhodes and Walter A, Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the pen;ons acted, executed the instrument.
WITNESS my hand and official seal.
~. . A A A . ~~A~~H~~E~~R. J
~. COMM.'1543481 =;
IIOIl\RY PU8UO CALIFORNIA I:
ORANGE COUNTY g
'l. _ . . ~~~.~:~~n,.10:2~~
Signatucc ~ ~- ~A-J
CERTIFICATE
The undersigned, as Executive Vice. President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, docs hereby eertifythat the foregoing Power of Attorney remains in full force and has not been revoked, and furthennore, that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth i~,r Power of Attorney, arc in force as of the date of this Certificate.
"' ~-b'":r;lli;","'",.~.~",o.'''.lL''lJc", Cf. } ,,,a<>- .
David L. Kerrigan, Executive Vice-President
ID-1380 (Rev. 2/05)
,
~
Insccmll:C
~~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notifY you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defmed by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of$IOO billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation oflaw.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 FIlch, Suite 200
Irvine, CA 92814
(949) 263 3300
www.lnscoDlco.com
10-1496 (Rev. 5/03)
City Of Temecula
Community Services Department
43200 Business Park Onve 'Mailing Address: P.O. Box 9033' Temecula, CA 92589-9033
(951) 894-0480, Fax (951) 694-6488 . www.citvoftemecu~.o",
Address of Subdivider (slreet):
Address of Subdivider (cilY, state, zip):
Contact: P lo...
Phone Number. (qtfj ) J 0'6" - ct 9 -, I
'" '-- ','-~-
jJ" 1'.
~i~};&.~'
Name of Subdivision:
Roripaugh Ranch
29353-1
Murrieta Hot Springs Road Median - CSD04-0050
$138.841.00
Address of Surety (street):
Address of Surety (city, state, zip):
Contact:
Faithful Performance Bond
Labor and Materials Bond
B3Ai, oS
3'3'1UcS
g'3Q b'i3oS
$138,841.00
$69,421.00
$13,884.00
Bond for Warranty
1
R:\KITCHEL, JanetIBonds\04-0050\Parkland Landscape Agreemenl.doc
This Agreement is made and entered into by and between the City of
Temecula, California, a Municipal Corporation of the State of California,
hereinafter referred to as CITY, and the SUBDIVIDER.
RECITALS
A. SUBDIVIDER has presented to CITY for approyal and
recordation, a final subdivision map of a proposed subdivision pursuant to
provisions of the Subdivision Map Act of the State of California and the CITY
ordinances and regulations relating to the filing, approval and recordation of
subdivision maps. The Subdivision Map Act and the CITY ordinances and
regulations relating to the filing, approval and recordation of subdivision maps are
collectively referred to in this Agreement as the "Subdivision Laws."
B. A tentative map of the SUBDIVISION has been approved, subject
to the Subdivision Laws and to the requirements and conditions contained in the
Resolution of Approval. The Resolution of Approval is on file in the Office of the
City Clerk and is incorporated into this Agreement by reference.
C. SUBDIVIDER is required, as a condition of the approval of the
tentative map that the Parkland Improvement plans must be completed, in
compliance with City standards, by the Completion Date. The Subdivision Laws
establish as a condition precedent to the approval of a final map, that the
SUBDIVIDER has entered into a secured Agreement with the CITY to complete
the Parkland/Landscape Improvement Plans within the Completion Date.
D. In consideration of approyal of a final map for the SUBDIVISION
by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby
promises to install and complete, at SUBDIVIDER'S own expense, all the
Parkland/Landscape Improvement work required by City in connection with
proposed subdivision. Subdivider has secured this agreement by
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Parkland/Landscaping Improvement Security required by the Subdivision Laws
and approyed by the City Attorney. The term "Parkland" includes landscape
areas intended to be maintained by the Temecula Community Services District.
E. Complete Parkland/Landscape Improvement Plans for the
construction, installation and completion of the Parkland Improvements have
been prepared by SUBDIVIDER and approved by the Director of Community
Services. The Parkland Improvement Plans numbered as referenced previously
in this Agreement are on file in the Office of the Director of Community Services
and are incorporated into this Agreement by this reference. All references in this
Agreement to the Parkland Improvement Plans shall include reference to any
specifications for the Improvements as approved by the Director of Community
Services.
F. An estimate of the cost for construction of the Parkland
Improvements according to the Improvement Plans has been made and
approved by the Director of Community Services. The estimated amount is
stated on Page 1 of this Agreement. The basis for the estimate is attached as
Exhibit "A" to this Agreement.
G. The CITY has adopted standards for the construction and
installation of Parkland/Landscape Improvements within the CITY. The
Parkland/Landscape Improvement Plans haye been prepared in conformance
with the CITY standards, (in effect on the date of approyal of the Resolution of
Approval).
H. SUBDIVIDER recognizes that by approval of the final map for
SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER,
including the right to sell, lease, or finance lots within the SUBDIVISION, and has
taken the final act necessary to subdivide the property within the SUBDIVISION.
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As a result, CITY will be damaged to the extent of the cost of installation of the
Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its
obligation under this Agreement, including, but not limited to, SUBDIVIDER'S
obligation to complete construction of Parkland/Landscape Improvements by the
Completion Date. CITY shall be entitled to all remedies available to it pursuant to
this Agreement and the Subdivision Laws in the eyent of a default by
SUBDIVIDER. It is specifically recognized that the determination of whether a
reversion to acreage or rescission of the SUBDIVISION constitutes an adequate
remedy for default by the SUBDIVIDER shall be within the sole discretion of
CITY.
NOT, THEREFORE, in consideration of the approval and recordation by
the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY
agree as follows:
1. SUBDIVIDER'S Obliaations to Construct Parkland/Landscapina Improyements.
SUBDIVIDER Shall:
a. Comply with all the requirements of the Resolution of Approval,
and any amendments thereto, and with the provisions of the Subdivision Laws.
b. Pursuant to the requirements of Labor Code Section 1720,
SUBDIVIDER shall pay prevailing wages for all work perfonmed for the
construction, alteration, demolition, installation, or repair for the
Parkland/Landscape Improvement Work required by this Agreement. In
accordance with the provisions of Section 1773 of the Labor Code of the State of
California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and oyertime work in this locality for each
craft, classification, or type of workman needed to execute this Contractor from
the Director of the Department of Industrial Relations. These rates are on file
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with the City Clerk. Copies may be obtained at cost at the City Clerk's office of
the City of Temecula. Subdiyider shall post a copy of such wage rates at the job
site and shall pay the adopted prevailing wage rates as a minimum. Subdivider
shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6,
and 1813 of the Labor Code and other applicable laws and regulations with
respect to the payment of prevailing wages. Pursuant to the provisions of 1775
of the Labor Code, Subdiyider 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 preyailing rates for any work
done under this Agreement, by it or by any subcontractor under it, in violation of
the provisions of the Agreement or in violation of any applicable laws or
regulations pertaining to the payment of prevailing wages.
c. Complete by the time established in Section 20 of this Agreement
and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement
work required on the Tentative Map and Resolution of Approval in conformance
with the Parkland Improvement Plans and the CITY standards:
d. Furnish the necessary materials for completion of the Parkland
Improvements in conformity with the Parkland Improvement Plans and CITY
standards.
e. Except for easements or other interested in real property to be
dedicated to the Homeowners Association of the SUBDIVISION, acquire and
dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements
and other interests in real property for construction or installation of the
Parkland/Landscape Improvements, free and clear of all liens and encumbrances
for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site
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rights-of-way, easements and other interests in real property shall be subject to a
separate Agreement between SUBDIVIDER and CITY.
2. Acauisition and Dedication of Easements or Riahts-of-Way. If any of the
Parkland/Landscape Improvements and land development work contemplated by this
Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no
construction or installation shall be commenced before:
a. The offer of dedication to CITY or appropriate rights-of-way,
easements or other interest in real property, and appropriate authorization from
the property owner to allow construction or installation of the Improvements or
work, or
b. The dedication to, and acceptance by, the CITY of appropriate
rights-of-way, easements or other interests in real property, and approved by the
Department of Public Works, as determined by the Director of Community
Services.
c. The issuance by a court of competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. SUBDIVIDER shall
comply in all respects with order of possession. Nothing in this Section 2 shall be
construed as authorizing or granting an extension of time to SUBDIVIDER.
3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S
performance of this Agreement by furnishing to CITY, and maintaining, good and
sufficient security as required by the Subdivision Laws on forms approved by CITY for
the purposes and in the amounts as follows:
a. to assure faithful performance of this Agreement in regard to said
improvements in and amount of 100% of the estimated cost of the
Parkland/Landscape Improvements; and
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b. to secure payment to any contractor, subcontractor, persons
renting equipment, or furnishing labor materials for Parkland/Landscape
Improvements required to be constructed or installed pursuant to this Agreement
in the additional amount of 50% of the estimated cost of the Improvements; and
c. to guarantee or warranty the work done pursuant to this
Agreement for a period of one year following acceptance thereof by CITY against
any defectiye work or labor done or defectiye materials furnished in the additional
amount of 10% of the estimated cost of the Parkland Improyements. The
securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on Page 1 of this Agreement are
incorporated into this Agreement by this Reference. If any security is replaced by
another approved security, the replacement shall be filed with the City Clerk and,
upon filing, shall be deemed to have been made a part of and incorporated into
this Agreement. Upon filing of a replacement security with the City Clerk, the
former security may be released.
4. Alterations to Parkland Improvement Plans.
a. Any changes, alterations or additions to the
Parkland/Landscape Improvement Plans and specifications or to the
improvements, not exceeding 10% of the original estimated cost if the
improvement, which are mutually agreed upon by the CITY and SUBDIVIDER,
shall not relieve the improvement security given for faithful performance of this
Agreement. In the event such changes, alterations, or additions exceed 10% of
the original estimated cost of the improvement, SUBDIVIDER shall provide
improvement security for faithful performance as required by Paragraph 3 of this
Agreement for 100% of the total estimated cost of the improyement as changed,
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altered, or amended, minus any completed partial releases allowed by Paragraph
6 of this Agreement.
b. The SUBDIVIDER shall construct the Parkland
Improvements in accordance with the CITY Standards in effect at the time of
adoption of the Resolution of Approval. CITY reserves the right to modify the
standards applicable to the SUBDIVISION and this Agreement, when necessary
to protect the public health, safety or welfare or comply with applicable State or
federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted
an extension of time for completion of the improyements, CITY may apply the
standards in effect at the time of the extension.
5. Inspection and Maintenance Period.
a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape
Improvements in accordance with the City standards in effect at the time of
adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain
proper facilities and safe access for inspection of the Parkland Improvements by
CITY inspectors and to the shops wherein any work is in preparation. Upon
completion of the work the SUBDIVIDER may request a final inspection by the
Director of Community Services, or the Director of Community Service's
authorized representative. City Council authorizes the Director of Community
Services or the Director of Community Services authorized representative to
accept the landscaped medians, perimeter slopes, and parks into the Community
Services Maintenance System which is funded by the Parks and Lighting Special
Tax.
b. SUBDIVIDER shall continue to maintain the Parkland/Landscape
Improvements for ninety (90) days after they have been certified completed. No
improvements shall be finally accepted unless the maintenance period has
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expired, and all aspects of the work haye been inspected and determined to have
been completed in accordance with the Parkland/Landscape Improvement Plans
and CITY standards. SUBDIVIDER shall bear all costs of inspection and
certification.
6. Release of Securities. Subject to approval by Community Services, the
securities required by this Agreement shall be released as follows:
a. Security giyen for faithful performance of any act, obligation, work
or Agreement shall be released upon the expiration of the maintenance period
and the final completion and acceptance of the act or work, subject to the
provisions of subsection (b) hereof.
b. The Director of Community Services may release a portion of the
security given for faithful performance of improvement work as the Parkland
Improvement progresses upon application therefore by the SUBDIVIDER;
provided, however, that no such release shall be for an amount less that 25% of
the total Parkland Improvement Security given for faithful performance of the
improyement work and that the security shall not be reduced to an amount less
than 50% of the total Parkland/Landscape Improvement Security given for faithful
performance until expiration of the maintenance period and final completion and
acceptance of the improvement work. In no event shall the Director of
Community Services authorize a release of the Parkland/Landscape
Improvement Security, which would reduce such security to an amount below
that required to guarantee the completion of the improvement work and any other
obligation imposed by this Agreement.
c. Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six
months after the completion and acceptance of the work, be reduced to an
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amount equal to the total claimed by all claimants for whom lien have been filed
and of which notice has been given to the legislative body, plus an amount
reasonable determined by the Director of Community Services to be required to
assure the performance of any other obligations secured by the Security. The
balance of the security shall be released upon the settlement of all claims and
obligations for which the security was given.
d. No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed
during the warranty period have been settled. As provided in paragraph 10, the
warranty period shall not commence until final acceptance of all work and
improvements by the City Council.
e. The CITY may retain from any security released, and amount
sufficient to cover costs and reasonable expenses and fees, including reasonable
attorney's fees.
7. Iniurv to Public Improvements. Public Property or Public Utilities Facilities.
SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case
may be, all public improvements, public utilities facilities and surveying or subdivision
monuments which are destroyed or damaged or destroyed by reason of any work done
under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs
of any and all public property on public utility property damaged or destroyed by reason
of any work done. Under this agreement whether such property is owned by the United
States or any agency thereof, or the State of California, or any agency or political
subdivision thereof, or by the CITY or any public or private utility corporation or by any
combination or such owners. Any repair or replacement shall be to the satisfaction, and
subject to the approval, of the City Engineer.
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8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all
necessary permits and licenses for the construction and installation of the
improyements, give all necessary notices and pay all fees and taxes required by law.
9. Default of SUBDIVIDER
a. default of SUBDIVIDER shall include, but not be limited to,
SUBDIVIDER'S failure to timely commence construction pursuant to this
Agreement; SUBDIVIDER'S failure to timely commence construction of the
Parkland/Landscape Improyements; SUBDIVIDER'S failure to timely cure the
defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to
perform substantial construction work for a period of 20 calendar days after
commencement of the work; SUBDIVIDER'S insolyency, appointment of a
receiver, or the filing of any petition in bankruptcy either vOluntary or involuntary
which SUBDIVIDER fails to discharge within thirty (30) days; the commencement
of a foreclosure action against the SUBDIVISION or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to
perform any other obligation under this Agreement.
b. The CITY reserves to itself all remedies available to it at law or in
equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY
shall haye the right, subject to his section, to draw upon or utilize the appropriate
security to mitigate CITY damages in event of default by SUBDIVIDER. The right
of CITY to draw upon or utilize the security is additional to and not in lieu of any
other remedy available to CITY. It is specifically recognized that the estimated
costs and security amounts may not reflect the actual cost of construction or
installation of Parkland/Landscape Improvements and, therefore, CITY damages
for SUBDIVIDER'S default shall be measured by the cost of completing the
required improvements. The sums provided by the improvement security may be
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used by CITY for the completion of the Parkland/Landscape Improyements in
accordance with the Parkland/Landscape Improvement Plans and specifications
contained herein. In the event of SUBDIVIDER'S default under this Agreement,
SUBDIVIDER authorizes CITY to perform such obligation twenty days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety,
and agrees to pay the entire cost of such performance by CITY. CITY may take
oyer the work and prosecute the same to completion, by contract or by any other
method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess
cost or damages occasioned CITY thereby; and, in such event, CITY without
liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plan and other property belonging to SUBDIVIDER
as may be on the site of the work and necessary for performance of the work.
c. Failure of SUBDIVIDER to comply with the terms of this
Agreement shall constitute consent to the filing by CITY of a notice of violation
against all the lots in the SUBDIVISION, or to rescind the approval or otherwise
reyert the SUBDIVISION to acreage. The remedy provided by this Subsection C
is in addition to and not in lieu of other remedies ayailable to CITY.
SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S
breach shall be in the discretion of CITY.
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d. In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY
in securing performance of such obligations, including costs of suit and
reasonable attorney's fees.
e. The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default
or breach or any subsequent default or breach of SUBDIVIDER.
10. Warranty. SUBDIVIDER shall guarantee or warranty the work done
pursuant this Agreement for a period of one year after expiration of the maintenance
period and final acceptance by the City Council of the work and improvements against
any defective work or labor done or defective materials furnished.
Where
Parkland/Landscape Improvements are to be constructed in phases or sections, the one
year warranty period shall commence after CITY acceptance of the last completed
improvement. If within the warranty period any work or improvement or part of any work
or improvement done, furnished, installed, constructed or caused to be done, furnished,
installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this
Agreement or the Parkland/Landscape Improvement Plans and specifications referred to
herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace
or reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure. Should SUBDIVIDER fail to act promptly or in accordance with this
requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work
twenty days after mailing written notice of default to SUBDIVIDER and to
SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY
determine that an urgency requires repairs or replacements to be made before
SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary
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repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to
CITY the cost of such repairs.
11. Subdivider Not Aaent of City. Neither SUBDIVIDER nor any of
SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in
connection with the performance of SUBDIVIDER'S obligations under this Agreement.
12. Iniury to Work. Until such time as the Parkland/Landscape Improvements
are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to
any of the improyements constructed or installed. CITY shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless
of cause, happening or occurring to the work or improvements specified in this
Agreement prior to the completion and acceptance of the work or improvements. All
such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Aqreements. Nothing contained in this Agreement shall preclude
CITY from expending monies pursuant to agreements concurrently or previously
executed between the parties, or from entering into agreement with other subdividers for
the appointment of costs of water and sewer mains, or other improvements, pursuant to
the provisions of the CITY ordinances proYiding therefore, nor shall anything in this
Agreement commit CITY to any such apportionment.
14. SUBDIVIDER'S Obliaation to Warn Public Durina Construction. Until final
acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate
warning to the public of each and every dangerous condition existent in said
improvements, and will take all reasonable actions to protect the public from such
dangerous condition.
15. Vestino of Ownership. Upon acceptance of work on behalf of CITY and
recordation of the Notice of Completion, ownership of the improvements constructed
pursuant to this Agreement shall vest in CITY.
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16. Final Acceptance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Council upon recommendation of the Director of Community
Services after final completion and inspection of all Parkland/Landscape Improvements.
The Board of Directors shall act upon the Director of Community Services
recommendations within thirty (30) days from the date the Director of Community
Services certifies that the work has finally completed, as provided in Paragraph 5. Such
acceptance shall not constitute a waiver of defects by CITY.
17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance of this
Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials
and employees from any and all claims, demands, causes of action, liability or loss of
any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or
employees in the performance of this Agreement, including all claims, demands, causes
of action, liability, or loss because of, or arising out of, in whole or in part, the design or
construction of the Parkland/Landscape Improyements. This indemnification and
Agreement to hold harmless shall extend to injuries to persons and damages or taking of
property resulting from the design or construction of the Parkland/Landscape
Improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design or construction of public
drainage systems, streets and other public improvements. Acceptance of any of the
Parkland/Landscape Improvements shall not constitute any assumption by the CITY of
any responsibility for any damage or taking covered by this paragraph. CITY shall not
be responsible for the design or construction of the Parkland/Landscape Improyements
pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any
negligent action or inaction taken by the CITY in approving the plans, unless the
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particular improvement design was specifically required by CITY over written objection
by SUBDIVIDER submitted to the Director of Community Services before approval of the
particular improyement design, which objection indicated that the particular improvement
design was dangerous or defective and suggested an alternative safe and feasible
design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER
shall remain obligated to eliminate any defect in design or dangerous condition caused
by the design or construction defect, however, SUBDIVIDER shall not be responsible for
routine maintenance.
Provisions of this paragraph for Parkland/Landscape
Improvements shall remain in full force and effect for ten years following the acceptance
by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all
liability for design and construction of the Parkland/Landscape Improvements installed or
work done pursuant to this Agreement and the CITY shall not be liable for any
negligence, nonfeasance, misfeasance or malfeasance in approYing, reviewing,
checking, or correcting any plans or specifications or in approving, reviewing or
inspecting any work or construction. The improvement security shall not be required to
cover the provision of this paragraph.
18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this
property will not relieve SUBDIVIDER from the obligations set forth herein. If
SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION
to any other person, the SUBDIVIDER may request a noyation of this Agreement and a
substitution of security. Upon approval of the novation and substitution of securities, the
SUBDIVIDER may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations
under Paragraph 17 for the work or improvement done by SUBDIVIDER.
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19. Time of the Essence. Time is of the essence of this Agreement.
20. Time for Completion of Work Extensions. SUBDIVIDER shall complete
construction of the improvements required by this Agreement no lateffh~n S~. 2l>D~
In the event good cause exists as determined by the City Engineer, and if otherwise
permitted under the tentative map condition, the time for completion of the improvements
hereunder may be extended. The extension shall be made by writing executed by the
Director of Community Services. Any such extension may be granted without notice to
SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the
Surety or Sureties on any security given for this Agreement. The Director of Community
Services shall be the sole and final judge as to whether or not good cause has been
shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the
commencement of work, resulting from an act of CITY, or by an act of God, which
SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather
which prevents the conducting of work, or by strikes, boycotts, similar actions by
employees or labor organizations, which preyent the conducting or work, and which
were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for
an extension of time for completion. As a condition of such extension, the Director of
Community Services may require SUBDIVIDER to furnish new security guaranteeing
performance of this Agreement as extended in an increased amount as necessary to
compensate for an increase in construction costs as determined by the Director of
Community Services.
21. No Vestino of Riahts. Performance by SUBDIVIDER of this Agreement
shall not be construed to yest SUBDIVIDER'S rights with respect to any change in any
change in any zoning or building law or ordinance.
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22. Notices. All notices required or proYided for under this Agreement shall
be in writing and delivered in person or sent by mail, postage prepaid and addressed as
proYided in this Section. Notice shall be effectiye on the date it is delivered in person, or,
if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as
follows unless a written change of address is filed with the City:
Notice to CITY:
City Clerk
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Notice to SUBDIVIDER:
J\shhj U~A) LLc'"
~70 t. tturri~n 0+.
o f)\'()Ylt':t. rj;; Cj 29i 7q
,
Att-n .. Peter Olc<.h
23. Severability. The provisions of this Agreement are severable. If any
portion of this Agreement is held invalid by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect unless amended or
modified by the mutual consent of the parties.
24. Captions. The captions of this Agreement are for conyenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid in the
interpretation, construction or meaning of any provisions of this Agreement.
25. Utioation or Arbitration. In the event that suit or arbitration is brought to
enforce the tenms of this contract, the preyailing party shall be entitled to litigation costs
and reasonable attorney's fees.
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26. Incorporation of Recitals. The recitals to this agreement are hereby
incorporated into the terms of this agreement.
27. Leaal Responsibilities. The Subdivider shall keep itself informed of all
local, State and Federal laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its obligations pursuant to this
Agreement. The Subdivider shall at all times observe and comply with all such laws and
regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Subdiyider to comply with this section.
28. Entire Aareement. This Agreement constitutes the entire Agreement of
the parties with respect to the subject matter. All modifications, amendments, or waivers
of the terms of this Agreement must be in writing and signed by the appropriate
representative of the parties. In the case of the CITY, the appropriate party shall be the
City Manager.
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IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its
Mayor.
SUBDIVIDERfffibbl..\ USA-, L\L.
~\.1." A6h~bkV'~YO mc.r,t Co') Inc- By'.
By. I"'l[,_ . _r.J:!lh!:<;Y"
Name: 'k'. nf">hhj
Title:--Yre=,i Ai X"\ +
CITY OF TEMECULA
Name:
Title:
By:
Name:
Title:
(Proper Notarization of SUBDIVIDER'S signature
is required and shall be attached)
ATTEST:
By:
Susan W. Jones, CMC, City Clerk
RECOMMENDED FOR APPROVAL:
By:
Name:
William G. Hughes,
Director of Public Works/City Engineer
By:
Name:
Herman D. Parker
Director of Community Services
APPROVED AS TO FORM:
By:
Peter Thorson
City Attorney
20
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R:\KITCHEL, JanetIBonds\04-0050IParkland Landscape Agreement.doc
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~$Y.=
State of California
County of R; If("'" (,S \ r:\ (.
} ss.
personaliy appeared
k
T) ""y
Name and Tille 01 Officer{e: .,"JaneOoe,N
Ohhtw/
Name{Ij 01 Signar{s'j
GtPersonaliy known to me
o proved to me on the basis of satisfactory
evidence
Dale
On
-._...__..-._-----~
TRACY M. BROWNE
l@ Commission # 1394B95
~ .. Notory PubUc - California ~
RlveBlde County ~
J _ _ _ ~~m:..Ex~_Ja~2~2~7
to be the person(s) whose name(s) is/_
subscribed to the within instrument and
acknowledged to me that helsllellRey executed
the same in his/her/their authorized
capacity(ie6j, and that by his/1lerAAeif
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.
~fY)
131 /k) Ii..L-'
SignabJllI 01 Nolary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment ot this form to another document.
Description of Attached Document
Title or Type of Document: "Q-''''r1 S
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
01999 NaIionaI NotaryAssociaIlon. 9350 De SotoAve., P.O. Box 2402 oChatsworth, CA 91313-2402 0 www.nationalnotaly.org
Prod. No. 5907
Aeorder:CaRToI-Freel-80().676-6B27
EXHIBIT A
(Attach the basis for the estimate of the cost of improvements.)
21 .
R\KITCHEL, Janet\Bonds\04-0050IParkland Landscape Agreement.doc
RORIPAUGH RANCH
. Murrletta Hot Sllrl!1gs Road
Irrillll!i,onanr LlIn.tlllC~lle
. , I
Final Cost Estimate
I
i
September 17, 2004
. 1 '
. u. i------ .,_ m ..' .. . .___ ."_ _ ..,. . _ :
IASSIESSMENT MAINTAINED MEDIANS:
!IRRIGATlON
1: i Controller- .
. 2. jAutomaticlrrigation System- drip (median)
!SUBTOTAL
"1-'--"'" -., ...
. I
1
i.
: UNIT COST
$10,000.00 .
$0.85.
.Q1Y..
1
22,400
l.lMI
EA
SF
jLANDSCAPE ~: li1D:c i UNITCO~Ti
4. i Soil Preparation and Fine Grading . 22,400 SF; $0.22 i
'~'J~:~~{:f '.. u ... ..,.. '. .JIU:~~{!' ~IJ~,il@J
=j~~~:;~;~~lt~o~e~--"'- "-~~~--~~__:=' ~~;I?::.'.I.~_~.j~-~'~:~~~.'
u,!!l,~ OilY PllI!'!!!lllIblish.!!1'!.nLnu ... .... n.22'4()()!SF ! ..u~'04,
__ ,1)+,6.0 Oll~Pollt Mainte"a!'.~,f>~~___._ __ ~_ 22,400 + SE, _; "'u u$O:!l~!
u._,:~~:~~!~.__ ----.,--,-._, - t ~. '! -t i
. ._---!-
,
i-
csDo4-o050
TOTAL
$10,000.00
$19.040.00
$29,040.00
TOTAL
$4,928.00
$675.00
~29,9QO.00
$l~,?~6..QO
$?5,038,OO
,~,?10.00
$896.00
~1.120:()O
, ~ll.2,0~3.0()
$111,073.00
Suretv Bond Review
The attached surety bonds (Developers Surety and Indemnity Company) haye been
reyiewed. (Roripaugh Ranch Murrieta Hot Spring Road Median)
Bond Amount
8396805
$ 138,841
$ 69,421
$ 13,884
laThe surety company is an admitted company in the State of California
0'Ti:admitted company was verified at
www.insurance.ca.gov/docs/fs/admitted.htm
OThe surety company is not an admitted company in the State of California
Surety bond reference is A.M. Best 2004 version 071400 (A-:FSC V)
Verified by:
--~ F IS ~... M
us apago os, Isca ervlces anager
Approved As to Form:
Peter M. Thorson, City Attorney
Company Profile
Company Profile
Page I of2
DEVELOPERS SURETY AND INDEMNITY
COMPANY
17780 FITCH, SUITE 200
IRVINE, CA 92613
Agent for Sen'ice of Process
ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #:
NAIC Group #:
California Company ill #:
Date authorized in California:
License Status:
Company Type:
State of Domicile:
12718
0075
4606-0
August 30, 1999
UNLIMITED-NORMAL
Property & Casualty
IOWA
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of any of these
terms, please refer to the glossary.
SURETY
Company Complaint Information
fi' "-" Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
~
Bond No, 839680S
Premium $1,666.00
CITY OF TEMECULA
PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Temecula, State of California, and Ashby USA, LLC
(hereinafter designated as "Principal") have entered into an Agreement whereby
Principal agrees to install and complete certain Parkland Improvements, which said
Agreement, dated .J"u.\~ 1'0 20~, and identified as "Roripaugh Ranch
Murrieta Hot Springs Road Median (CSD04-0050), is hereby referred to and made a
part hereof; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a
bond for the Faithful Performance of the Agreement;
Developers Surety and
NOW, THEREFORE, we the Principal and Indemnity Company as surety,
are held and firmly bound unto the City of Temecula, California, in the penal sum of
$138,841.00, 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.
-- ',. .R:\KITCHEL;.JanetIBonds\04-OOS0Ipar1dand landscapdaithfutperformance.doc
Page 1 of 3
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 there
under or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or the work or to the
specifications.
11/
.
,
R:\KJl:CHEL, .JanetIBonds\il4-0050Ipark!and.landscape faithful performance.doc
Page 2 of 3
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on July 18 , 2005
(Seal)
(Seal)
DEVELOPERS SURETY AND INDEMNITY COMPANY ASHBY USA, LLC, a California limited liability Carparll
SURETY PRINCIPAL
_ u-ro. (2JJ2~ By; Ashby Dev~l oprIEnt Ca!pany, rnc,. a California
B~ "'" '- C::?~. a'>' .... g, '" ....... """",,00
Rho:a C. Abel ~ /( (t"( Justin K. Ashby
(Name) (Na -./
Attornev-in-Fact
(Title)
President
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
...... .. R:\KrrCHEl; JanetIBohds\04'O050\jliiililiinilfilildscape'failhful perfonnance.doc
.. Page3of3
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of _~; Ire. (,S i d ( .
} ss.
On
7 - I 9 - (~J:=) before me, I r CII~ 1/
Date /
, \ U-S-Tl" k ClAh bt'l/
Nam8(8) of Slgner(slj
G<!'Personally known to me
o proved to me on the basis of satisfactory
evidence
M hr('IJ',1Y Notnn~ PLlhl,(~,
Name and Trlle 01 Officer (&<6, "Jane Doe, Nota Public")
j
personally appeared
~ - - - - - - - - - - - - ~
TRACY M. BROWNE
. Commlsllon# 1394895
j. Notary Public - California ~
j Riverside County l
_ _ __ ~:a:m:...~~Ja~2~2~7
to be the person(s) whose name(s) is/_
subscribed to the within instrument and
acknowledged to me that helsRellAey executed
the same in hislhe~'heir authorized
capacity(iesj, and that by hisihefllAeir
signature(pj on the instrument the person(s), or
the entity upon behalf of which the person(Jl")
acted, executed the instrument.
WITNESS my hand and official seal.
,i<II/'o '!J f1fh m JJ
""'- ""'"
OPTIONAL
Though the infonnation below is not required by law; it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
TiDe or Type of Document: "Q-)('\,-j ':)
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limned 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
01999 Natlona/NolafyAuociation 09350 De SotoAve., P.O. Box 2402' Chalsworth, CA 91313-2402 owww.nalionalnotaJy.org
Prod. No. 5907
Reorder: CanToI-free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
On July 18 2005
DATE
personally appeared Rhonda C. Abel
before me, Jeri Apodaca, Notary Public
NAME, TITLE OF OFFICER. E.G.. "JANE DOE. NOTARY PUBLIC'
NAME(S) OF SIGNER(S)
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.
1:81 personally known to me - OR - 0
~. JERI APODACA ~
- Comm./1379729 11l
U) NOTAIlY PUBliC. CALIFORNIA
Qrilnge County :
~' MyCGmm. Expiles OCl.12,2006 'i'
WITNESS my hand and official seal.
~\~D~
SIG A RE OF N01'l\Ry
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
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
o LIMITED
o GENERAL
o PARTNER(S)
1:81
o
o
o
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTI1Y(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98
@1993NATIONALNOTARYASSOCIATION.8236RemmetAve.,P.O. Box 7184. Canoga Park, CA 91309-7184
Bond No. 839680S
Premium included in charge
for Performance Bond
CITY OF TEMECULA
PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND
WHEREAS, the City ofTemecula, State of California, and Ashby USA. LLC
(hereinafter designated as "Principal") have entered into an Agreement whereby
Principal agrees to install and complete certain Parkland Improvements, which said
Agreement, dated
.::r.....1 ~I I B , 2005, and identified as "Roripaugh Ranch
I
Murrieta Hot Springs Road Median (CSD04-0050)", is hereby referred to and made a
part hereof; and
WHEREAS, under the term of said Agreement, Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Temecula, to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California; and
DeveloPers Surety and
NOW, THEREFORE, we the principal and Indemnity Company as
Surety, are held and firmly bound unto the City of Temecula, California, and all
contractors, subcontractors, laborers, material men, 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 $69,421.00, lawful money of the United States, for materials furnished
or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, that Surety will pay the same in an amount not
exceeding the amount set forth.
R:\KITCHE~,Janet\Bonds\Q4.0050\pandandlandscape labor and materials bond.doc
Page 1 of3
As a part ofthe 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.
It is hereby expressly stipulated and agreed that this bond shall insure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
If the condition of this bond is fully performed, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed there
under or the specifications accompanying the same shall in anyway affect its obligations
on this bond, and it does hereby waive notice of any such changes, extension of time,
alteration or addition to the terms of the Agreement or to the work or to the
specifications.
R:\KITCHi:l, JanetIBondslO4-:0050\parkland landscape labor and materials bond.doc
Page 2 013
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on July 18 , 2005
(Seal)
(Seal)
DEVELOPERS SURETY AND INDEMNI.TY'.COMPANY ASHBY USA, LLC, a California limited liability cmpar
SURETY ~RINCIPAL
o CO, flJJ!~ : AsT1l:iy !JeyelOjllel1t Ccrrpal"o/, Inc., a California
BY' ~ CO , t):.' """";4- :'tioo
Rhonda C. Abel ~ -; '( ~ ,lll~~n hby
(Name) (Name)
Attorney-in-Fact
(Title)
Pesident
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
. . R:WTCHEL, Janet\Boridsl04.:oOSd\j>a'rkiarid landseapelabor and materials bond.doc
Page 3 of 3
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of -R; vf" n; i d (:,
}~.
On
7 - I Cj - (~i 5 before me, 1 r(ll~ II
Dale I
.\us-\-if\ K Clf:>h01:'\,/
Name(s) 01 S9ntr(s) j
gpersonally known to me
o proved to me on the basis of satisfactory
evidence
M hr(J"'JY"~ Notn n4 \)U hll(~,
Name and T1tIe of Ollicer ( . Jane Doe, NOla Public1
_i
personally appeared
- - - - - - - - - - - - ~
TRACY M. BROWNE
~ ~ CommIsSIon 1/1394895
$ .. Notary PublIc . Calltornla ~
t Riverside County 1
~ _ _ _ ~~~~_~20.:~7
to be the person(s) whose name(s) is/a<e
subscribed to the within instrument and
acknowledged to me that helsRellRey executed
the same in his/herltheir authorized
capacity(iesj, and that by his/llefllReir
signature~ on the instrument the person(s), or
the entity upon behalf of which the person($)
acted. executed the instrument.
WITNESS my hand and official seal.
~rr;~
---------;:J Signatul1J of Notary Public
OPTIONAL
Though the information below is not required by law, n may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: b-,MS
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
.
Top of thumb here
o Individual
o Corporate Officer - Tille(s):
o Partner - 0 Limned 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
01999 National NotaryAssoclation 09350 De SotoAve., P.O. 1m" 2402' ChaI$wOltll, CA91313-2402 .www.natlonalnolary.org
Prod. No. 5907
Reordllr. Call ToI-Frue 1-800-876-8827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
On
July 18 2005
DATE
before me, Jen Apodaca, Notary Public
NAME. TIRE OF OFFICER. E.G.. "JANE DOE, NOTARY PUBLIC'
personally appeared Rhonda C. Abel
NAME(S) OF SIGNER(S)
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.
181 personally known to me - OR - 0
J@ JERI APOOACA ~
- Camm.' 1379729
~Ul. NOTARY PUBLIC CAUfORNlA ~
OrangeCOunly
MV Comm. bpifes Ott.l2, 200S t
WITNESS my hand and official seal.
cJ . C ~
~ SIGNA~~ FfJoT~~
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
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlRE(S)
o LIMITED
o GENERAL
o PARTNER(S)
181
o
o
o
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
DATE O~ DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98
@1993NATIONALNOTARYASSOCIATION'8236RemmelAve.,P.O. Box 7184 -Canoga Park, CA 91309-7184
Bond No. 839680S
CITY OF TEMECULA
Premium included in charge
for Performance Bond
PARKLAND/LANDSCAPE WARRANTY BOND
WHEREAS, the City of Temecula, State of California (hereinafter designated as
"City"), and Ashby USA, LLC (hereinafter designated as "Principal") have entered
into an Agreement whereby Principal agrees to install and complete certain designated
Parkland Improvements, which said Agreement, dated
-
~I.<.''( I~
2005
and identified as "Roripaugh Ranch Murrieta Hot Springs Road Median (CSD04-0050)",
is hereby referred to and made a part hereof; and
WHEREAS, Principal is required to warranty the work done under the terms of
the Agreement for a period of one (1) year following acceptance thereof by City against
any defective work or labor done or defective materials furnished, in the amount of ten
percent (10%) of the estimated cost of the improvements;
Develop~rs Surety and
NOW, THEREFORE, we the Principal and Indemnity Company as
surety, are held and firmly bound unto the City of Temecula, California, in the penal sum
of $13,884.00, lawful money of the United States, for the payment of such sum well and
truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally. The condition of this obligation is such that the
obligation shall become null and void if the above-bounded Principal, his or its heirs,
executors, administrators, successors, or assigns shall in all things stand to, abide by,
well and truly keep, and perform the covenants, conditions, and provisions in the
Agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all
.. O. . .--. -- .R:\KIIC1;leL..JaPel\lloodl;)p4,OOSO\paddaodJand$cape Warranty Bond 1.doc
Page 1 013
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.
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
hereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
.R:\KITCHE~, Janet\8Q11Qs\04-00SOlparklandJandscape Warranty Bond I.doc
Page 2 of 3
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on
July 18
,2005 0
(Seal)
(Seal)
DEVELOPERS SURETY AND. INDEMNITY .f:OMPANY ASHBY USA, LLC. a California limited liability cCJlj)any
SURETY PRINCIPAL
Q a 8 012-/ By: As DeyelolJl!Ent Carpany. Inc., a California 0
By: .:::::.... --< .. B' I : to'ana n f"eTber cc ratlon
RhOllda C. Abel
(Name)
On K. Ashby
Attorney-in-Fact
(Title)
President
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
. -- n__ -----R:\KIreHEl;-Janet\BondsI64.ee551parklancHandscapeWarranly Bond 1.doc
Page 3 013
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
Slate of California
County of R; V!'" (,S i r:1t.
} ss.
Date
before me, lrM\/ n hrtMXY";,g Nd-(I~ PUhi;c.,
/ NamealldTl1leolOllleer(..,"JaneOoe,N Publk:1
Clf'JllblA/ j
Name(s) of Signer(8)~
G'!'Personally known to me
o proved to me on the basis of satisfactory
evidence
k
On
personally appeared
TRACY M. BROWNE
@'commloslon#1394B95
i .. Notary Public - California ~
t. Riverside County ~
_ _ _ ~:om:~Ex~:a~2':2~7
to be the person(s) whose name(s) is/_
subscribed to the within instrument and
acknowledged to me that helsllellRey executed
the same in hislher/li'leir authorized
capacity(ie6), and that by his/~
signalureW on the instrumenlthe person(s), or
the entity upon behalf of which the person(p)
acted, executed the instrument.
WITNESS my hand and official seal.
~(J ::L~rLJ
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Q-)M S
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
TOp of thumb here
Signer Is Representing:
C 1999 Nallonal NotalyAssoclallon. 9350 De Solo Ave.. P.O. Box 2402.Cha/sworth, CA91313-2402....-.MtIonalnotaty.org
Prod. No. 5907
Reon:Ier:CaIITolI-Free1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
On
July 18 2005
OATE
before me, Jeri Apodaca, Notary Public
NAME. TITLE OF OFFICER- E.G.. "JANE DOE. NOTARY PUBLIC.
personally appeared Rhonda C. Abel
NAME(S) OF SIGNER(S)
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.
~ personally known to me " OR" 0
J6) JERI APODACA ~
- Comm. I 1379729
~(J) 1 .. NOTARY PUBLIC. CAliFORNIA ID
Orange County
My Camm. hpires Oct. 12, 2006 t
WITNESS my hand and official seal.
tf6 (~cknm
IGNATU OF NOTARY "
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
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o LIMITED
o GENERAL
o PARTNER(S)
~
o
o
o
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98
@1993NATlONALNOTARYASSOCIATION.8236RemmetAve..P.O. Box 7184. Canoga Park, CA 91309-7184
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
"'Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Patricia H. Brebner, Jane
Kepner, Nanette Myers, Jeri Apodaca, Leigh McDonough, Ashley K. Ward, Rachelle Rheault,
jointly or severally'"
as their true and lawful Allomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Faet full power and authority to do and to perfonn every act neccssary, requisitc or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Allorney(s)-in-Faet, pursuant to these presents, arc hereby ratified and eonfirnled.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, elfeetive as of November I. 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attorncy(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to auestthe execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February, 2005.
C~~
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By:
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Walter A. Crowell, Secretary
STATE OF CALIFORNIA
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COUNTY OF ORANGE
On February 1,2005, before me, Nita G Hiffmcyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of whieh the persons acted, executed the instrument.
WITNESS my hand and official seal.
~A . . . . . ~~A.G~H~~~~R. J
l:!~ COMM,'1543481 ~
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Signature ~ 4~pV
CERTIFICATE
The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthennore, that the provisions of
the resolution~ of th~ respc~tive BoardS. of Dire.. etors of said corporations set rorth i'i te Power of Attorney, ~orce as of the date of Ibis Certificate.
ThIS CertIficate IS executed In the CIty ofIrvlne, Cailrornia, tbe -1K-~y of q.. _, '::J 0 O,~ .
Bya-~~ . .
David L. Kerrigan. Executive Vice-President
ID-1380 (Rev. 2105)
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InsCCi!lICD
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DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism, The Act requires that we notifY you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond,
Under this program, the Federal G()vernment will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000,00, Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $100 billion for which the Federal Government or an insurer can be responsible,
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance, The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law,
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 RIch, Sulle 200
Irvine, CA 92614
(949) 2113 3300
www.lnscoDlco.com
10-1496 (Rev, 5/03)
City Of Temecula
Community Services Department
43200 Business Park Onve' Mailing Address: P.O. Box 9:>33' Temecula, CA 92589-9033
(951) 694.Q480' Fax (951) 694.Q488. www.citvoftemecula.ora
Name of Subdivider:
Address of Subdivider (street):
Address of Subdivider (city, state, zip):
u. s fl- U..C-
If 7l> e. H~,e.fl-I':uiJ S'r-:
r..cltotJA CA 'T~f7~
Contact: P",-;-r,e.. OL.1t 1-/
Phone Number. ( '10'1) dlo r - d.."I71
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Title: c..o"'SUl. T7\-fJ, t'R..j m~~
Fax Number: (
Name of Subdivision:
Roripaugh Ranch
29353-2
Neighborhood Park CSD03-0071
$1,155,266,00
Name of Surety:
Address of Surety (street): 1778D
Address of Surety (city, state, zip):
Contact: J a \'Ie. 5 he. u)
Phone Number. ('I(oo) 7"62- \546
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Title:
Fax Number: ('i(I~) 552 -6131..
Faithful Performance Bond
Labor and Materials Bond
~3%,9S
83q 6"7 S'S
83'1 b, 8.$
$1,155,266,00
$577,633,00
$115,526,00
Bond for Warranty
1
R:\KITCHEl, Janet\BondsI03-D071\Parkland landscape Agreement.doc
This Agreement is made and entered into by and between the City of
Temecula, California, a Municipal Corporation of the State of California,
hereinafter referred to as CITY, and the SUBDIVIDER.
RECITALS
A, SUBDIVIDER has presented to CITY for approval and
recordation, a final subdivision map of a proposed subdivision pursuant to
provisions of the Subdivision Map Act of the State of California and the CITY
ordinances and regulations relating to the filing, approval and recordation of
subdivision maps, The Subdivision Map Act and the CITY ordinances and
regulations relating to the filing, approval and recordation of subdivision maps are
collectively referred to in this Agreement as the "Subdivision Laws,"
B, A tentative map of the SUBDIVISION has been approved, subject
to the Subdivision Laws and to the requirements and conditions contained in the
Resolution of Approval. The Resolution of Approval is on file in the Office of the
City Clerk and is incorporated into this Agreement by reference,
C, SUBDIVIDER is required, as a condition of the approval of the
tentative map that the Parkland Improvement plans must be completed, in
compliance with City standards, by the Completion Date, The Subdivision Laws
establish as a condition precedent to the approval of a final map, that the
SUBDIVIDER has entered into a secured Agreement with the CITY to complete
the Parkland/Landscape Improvement Plans within the Completion Date,
D. In consideration of approval of a final map for the SUBDIVISION
by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby
promises to install and complete, at SUBDIVIDER'S own expense, all the
Parkland/Landscape Improvement work required by City in connection with
proposed subdivision, Subdivider has secured this agreement by
2
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Parkland/Landscaping Improvement Security required by the Subdivision Laws
and approved by the City Attorney. The term "Parkland" includes landscape
areas intended to be maintained by the Temecula Community Services District.
E, Complete Parkland/Landscape Improvement Plans for the
construction, installation and completion of the Parkland Improvements have
been prepared by SUBDIVIDER and approved by the Director of Community
Services, The Parkland Improvement Plans numbered as referenced previously
in this Agreement are on file in the Office of the Director of Community Services
and are incorporated into this Agreement by this reference, All references in this
Agreement to the Parkland Improvement Plans shall include reference to any
specifications for the Improvements as approved by the Director of Community
Services.
F, An estimate of the cost for construction of the Parkland
Improvements according to the Improvement Plans has been made and
approved by the Director of Community Services. The estimated amount is
stated on Page 1 of this Agreement. The basis for the estimate is attached as
Exhibit "A" to this Agreement.
G, The CITY has adopted standards for the construction and
installation of Parkland/Landscape Improvements within the CITY, The
Parkland/Landscape Improvement Plans have been prepared in conformance
with the CITY standards, (in effect on the date of approval of the Resolution of
Approval),
H, SUBDIVIDER recognizes that by approval of the final map for
SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER,
including the right to sell, lease, or finance lots within the SUBDIVISION, and has
taken the final act necessary to subdivide the property within the SUBDIVISION,
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As a result, CITY will be damaged to the extent of the cost of installation of the
Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its
obligation under this Agreement, including, but not limited to, SUBDIVIDER'S
obligation to complete construction of Parkland/Landscape Improvements by the
Completion Date, CITY shall be entitled to all remedies available to it pursuant to
this Agreement and the Subdivision Laws in the event of a default by
SUBDIVIDER It is specifically recognized that the determination of whether a
reversion to acreage or rescission of the SUBDIVISION constitutes an adequate
remedy for default by the SUBDIVIDER shall be within the sole discretion of
CITY.
NOT, THEREFORE, in consideration of the approval and recordation by
the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY
agree as follows:
1. SUBDIVIDER'S Obliaations to Construct Parkland/Landscapina Improvements,
SUBDIVIDER Shall:
a, Comply with all the requirements of the Resolution of Approval,
and any amendments thereto, and with the provisions of the Subdivision Laws,
b. Pursuant to the requirements of Labor Code Section 1720,
SUBDIVIDER shall pay prevailing wages for all work performed for the
construction, alteration, demolition, installation, or repair for the
Parkland/Landscape Improvement Work required by this Agreement. In
accordance with the provisions of Section 1773 of the Labor Code of the Statfil of
California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contractor from
the Director of the Department of Industrial Relations, These rates are on file
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with the City Clerk. Copies may be obtained at cost at the City Clerk's office of
the City of Temecula, Subdivider shall post a copy of such wage rates at the job
site and shall pay the adopted prevailing wage rates as a minimum, Subdivider
shall comply with the provisions of Sections 1773,8, 1775, 1776, 1777,5, 1777,6,
and 1813 of the Labor Code and other applicable laws and regulations with
respect to the payment of prevailing wages. Pursuant to the provisions of 1775
of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of
$25,00 for each calendar day, or portion thereof, for each laborer, worker, or
mechanic employed, paid less, than the stipulated prevailing rates for any work
done under this Agreement, by it or by any subcontractor under it, in violation of
the provisions of the Agreement or in violation of any applicable laws or
regulations pertaining to the payment of prevailing wages.
c, Complete by the time established in Section 20 of this Agreement
and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement
work required on the Tentative Map and Resolution of Approval in conformance
with the Parkland Improvement Plans and the CITY standards:
d. Furnish the necessary materials for completion of the Parkland
Improvements in conformity with the Parkland Improvement Plans and CITY
standards.
e, Except for easements or other interested in real property to be
dedicated to the Homeowners Association of the SUBDIVISION, acquire and
dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements
and other interests in real property for construction or installation of the
Parkland/Landscape Improvements, free and clear of all liens and encumbrances
for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site
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rights-of-way, easements and other interests in real property shall be subject to a
separate Agreement between SUBDIVIDER and CITY.
2, Acauisition and Dedication of Easements or Riahts-of-Wav, If any of the
Parkland/Landscape Improvements and land development work contemplated by this
Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no
construction or installation shall be commenced before:
a, The offer of dedication to CITY or appropriate rights-of-way,
easements or other interest in real property, and appropriate authorization from
the property owner to allow construction or installation of the Improvements or
work, or
b. The dedication to, and acceptance by, the CITY of appropriate
rights-of-way, easements or other interests in real property, and approved by the
Department of Public Works, as determined by the Director of Community
Services,
c, The issuance by a court of competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. SUBDIVIDER shall
comply in all respects with order of possession, Nothing in this Section 2 shall be
construed as authorizing or granting an extension of time to SUBDIVIDER.
3, Securitv, SUBDIVIDER shall at all times guarantee SUBDIVIDER'S
performance of this Agreement by furnishing to CITY, and maintaining, good and
sufficient security as required by the Subdivision Laws on forms approved by CITY for
the purposes and in the amounts as follows:
a, to assure faithful performance of this Agreement in regard to said
improvements in and amount of 100% of the estimated cost of the
Parkland/Landscape Improvements; and
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b. to Secure payment to any contractor, subcontractor, persons
renting equipment, or furnishing labor materials for Parkland/Landscape
Improvements required to be constructed or installed pursuant to this Agreement
in the additional amount of 50% of the estimated cost of the Improvements; and
c, to guarantee or warranty the work done pursuant to this
Agreement for a period of one year following acceptance thereof by CITY against
any defective work or labor done or defective materials furnished in the additional
amount of 10% of the estimated cost of the Parkland Improvements. The
securities required by this Agreement shall be kept on file with the City Clerk,
The terms of the security documents referenced on Page 1 of this Agreement are
incorporated into this Agreement by this Reference. If any security is replaced by
another approved security, the replacement shall be filed with the City Clerk and,
upon filing, shall be deemed to have been made a part of and incorporated into
this Agreement. Upon filing of a replacement security with the City Clerk, the
former security may be released.
4. Alterations to Parkland Improvement Plans,
a, Any changes, alterations or additions to the
Parkland/Landscape Improvement Plans and specifications or to the
improvements, not exceeding 10% of the original estimated cost if the
improvement, which are mutually agreed upon by the CITY and SUBDIVIDER,
shall not relieve the improvement security given for faithful performance of this
Agreement. In the event such changes, alterations, or additions exceed 10% of
the original estimated cost of the improvement, SUBDIVIDER shall provide
improvement security for faithful performance as required by Paragraph 3 of this
Agreement for 100% of the total estimated cost of the improvement as changed,
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altered, or amended, minus any completed partial releases allowed by Paragraph
6 of this Agreement.
b. The SUBDIVIDER shall construct the Parkland
Improvements in accordance with the CITY Standards in effect at the time of
adoption of the Resolution of Approval, CITY reserves the right to modify the
standards applicable to the SUBDIVISION and this Agreement, when necessary
to protect the public health, safety or welfare or comply with applicable State or
federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted
an extension of time for completion of the improvements, CITY may apply the
standards in effect at the time of the extension.
5. Inspection and Maintenance Period.
a, SUBDIVIDER shall obtain City inspection of the Parkland/Landscape
Improvements in accordance with the City standards in effect at the time of
adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain
proper facilities and safe access for inspection of the Parkland Improvements by
CITY inspectors and to the shops wherein any work is in preparation, Upon
completion of the work the SUBDIVIDER may request a final inspection by the
Director of Community Services, or the Director of Community Service's
authorized representative, City Council authorizes the Director of Community
Services or the Director of Community Services authorized representative to
accept the landscaped medians, perimeter slopes, and parks into the Community
Services Maintenance System which is funded by the Parks and Lighting Special
Tax,
b. SUBDIVIDER shall continue to maintain the
Parkland/Landscape Improvements for ninety (gO) days after they have been
certified completed, No improvements shall be finally accepted unless the
8
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maintenance period has expired, and all aspects of the work have been
inspected and determined to have been completed in accordance with the
Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER
shall bear all costs of inspection and certification.
6, Release of Securities, Subject to approval by Community Services, the
securities required by this Agreement shall be released as follows:
a, Security given for faithful performance of any act, obligation, work
or Agreement shall be released upon the expiration of the maintenance period
and the final completion and acceptance of the act or work, subject to the
provisions of subsection (b) hereof.
b, The Director of Community Services may release a portion of the
security given for faithful performance of improvement work as the Parkland
Improvement progresses upon application therefore by the SUBDIVIDER;
provided, however, that no such release shall be for an amount less that 25% of
the total Parkland Improvement Security given for faithful performance of the
improvement work and that the security shall not be reduced to an amount less
than 50% of the total Parkland/Landscape Improvement Security given for faithful
performance until expiration of the maintenance period and final completion and
acceptance of the improvement work. In no event shall the Director of
Community Services authorize a release of the Parkland/Landscape
Improvement Security, which would reduce such security to an amount below
that required to guarantee the completion of the improvement work and any other
obligation imposed by this Agreement.
c, Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six
months after the completion and acceptance of the work, be reduced to an
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amount equal to the total claimed by ail claimants for whom lien have been filed
and of which notice has been given to the legislative body, plus an amount
reasonable determined by the Director of Community Services to be required to
assure the performance of any other obligations secured by the Security, The
balance of the security shall be released upon the settlement of ail claims and
obligations for which the security was given,
d, No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed
during the warranty period have been settled. As provided in paragraph 10, the
warranty period shall not commence until final acceptance of ail work and
improvements by the City Council.
e, The CITY may retain from any security released, and amount
sufficient to cover costs and reasonable expenses and fees, including reasonable
attorney's fees.
7, Iniurv to Public Improvements, Public Propertv or Public Utilities Facilities.
SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case
may be, all public improvements, public utilities facilities and surveying or subdivision
monuments which are destroyed or damaged or destroyed by reason of any work done
under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs
of any and ail public property on public utility property damaged or destroyed by reason
of any work done. Under this agreement whether such property is owned by the United
States or any agency thereof, or the State of California, or any agency or political
subdivision thereof, or by the CITY or any public or private utility corporation or by any
combination or such owners, Any repair or replacement shall be to the satisfaction, and
subject to the approval, of the City Engineer,
10
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8, Permits, SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all
necessary permits and licenses for the construction and installation of the
improvements, give all necessary notices and pay all fees and taxes required by law,
9. Default of SUBDIVIDER
a, default of SUBDIVIDER shall include, but not be limited to,
SUBDIVIDER'S failure to timely commence construction pursuant to this
Agreement; SUBDIVIDER'S failure to timely commence construction of the
Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the
defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to
perform substantial construction work for a period of 20 calendar days after
commencement of the work; SUBDIVIDER'S insolvency, appointment of a
receiver, or the filing of any petition in bankruptcy either voluntary or involuntary
which SUBDIVIDER fails to discharge within thirty (30) days; the commencement
of a foreclosure action against the SUBDIVISION or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to
perform any other obligation under this Agreement.
b. The CITY reserves to itself all remedies available to it at law or in
equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY
shall have the right, subject to his section, to draw upon or utilize the appropriate
security to mitigate CITY damages in event of default by SUBDIVIDER. The right
of CITY to draw upon or utilize the security is additional to and not in lieu of any
other remedy available to CITY. It is specifically recognized that the estimated
costs and security amounts may not reflect the actual cost of construction or
installation of Parkland/Landscape Improvements and, therefore, CITY damages
for SUBDIVIDER'S default shall be measured by the cost of completing the
required improvements, The sums provided by the improvement security may be
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used by CITY for the completion of the Parkland/Landscape Improvements in
accordance with the Parkland/Landscape Improvement Plans and specifications
contained herein, In the event of SUBDIVIDER'S default under this Agreement,
SUBDIVIDER authorizes CITY to perform such obligation twenty days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety,
and agrees to pay the entire cost of such performance by CITY, CITY may take
over the work and prosecute the same to completion, by contract or by any other
method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess
cost or damages occasioned CITY thereby; and, in such event, CITY without
liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plan and other property belonging to SUBDIVIDER
as may be on the site of the work and necessary for performance of the work.
c. Failure of SUBDIVIDER to comply with the terms of this
Agreement shall constitute consent to the filing by CITY of a notice of violation
against all the lots in the SUBDIVISION, or to rescind the approval or otherwise
revert the SUBDIVISION to acreage, The remedy provided by this Subsection C
is in addition to and not in lieu of other remedies available to CITY,
SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S
breach shall be in the discretion of CITY.
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d, In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY
in securing performance of such obligations, including costs of suit and
reasonable attorney's fees,
e, The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default
or breach or any subsequent default or breach of SUBDIVIDER
10, Warrantv. SUBDIVIDER shall guarantee or warranty the work done
pursuant this Agreement for a period of one year after expiration of the maintenance
period and final acceptance by the City Council of the work and improvements against
any defective work or labor done or defective materials furnished,
Where
Parkland/Landscape Improvements are to be constructed in phases or sections, the one
year warranty period shall commence after CITY acceptance of the last completed
improvement. If within the warranty period any work or improvement or part of any work
or improvement done, fUrnished, installed, constructed or caused to be done, fUrnished,
installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this
Agreement or the Parkland/Landscape Improvement Plans and specifications referred to
herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace
or reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure, Should SUBDIVIDER fail to act promptly or in accordance with this
requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work
twenty days after mailing written notice of default to SUBDIVIDER and to
SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY, Should CITY
determine that an urgency requires repairs or replacements to be made before
SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary
13
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repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to
CITY the cost of such repairs,
11. Subdivider Not Aaent of Citv, Neither SUBDIVIDER nor any of
SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in
connection with the performance of SUBDIVIDER'S obligations under this Agreement.
12. Iniury to Work, Until such time as the Parkland/Landscape Improvements
are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to
any of the improvements constructed or installed, CITY shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless
of cause, happening or occurring to the work or improvements specified in this
Agreement prior to the completion and acceptance of the work or improvements, All
such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Aareements. Nothing contained in this Agreement shall preclude
CITY from expending monies pursuant to agreements concurrently or previously
executed between the parties, or from entering into agreement with other subdividers for
the appointment of costs of water and sewer mains, or other improvements, pursuant to
the provisions of the CITY ordinances providing therefore, nor shall anything in this
Agreement commit CITY to any such apportionment.
14, SUBDIVIDER'S Obliaation to Warn Public Durina Construction, Until final
acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate
warning to the public of each and every dangerous condition existent in said
improvements, and will take all reasonable actions to protect the public from such
dangerous condition,
15, Vestina of Ownership, Upon acceptance of work on behalf of CITY and
recordation of the Notice of Completion, ownership of the improvements constructed
pursuant to this Agreement shall vest in CITY.
14
R:\KITCHEL, Jane"BondsI03-0071\Parldand Landscape Agreement.doc
16, Final Acceotance of Work, Acceptance of the work on behalf of CITY
shall be made by the City Council upon recommendation of the Director of Community
Services after final completion and inspection of all Parkland/Landscape Improvements,
The Board of Directors shall act upon the Director of Community Services
recommendations within thirty (30) days from the date the Director of Community
Services certifies that the work has finally completed, as provided in Paragraph 5, Such
acceptance shall not constitute a waiver of defects by CITY.
17, Indemnitv/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance of this
Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials
and employees from any and all claims, demands, causes of action, liability or loss of
any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or
employees in the performance of this Agreement, including all claims, demands, causes
of action, liability, or loss because of, or arising out of, in whole or in part, the design or
construction of the Parkland/Landscape Improvements, This indemnification and
Agreement to hold harmless shall extend to injuries to persons and damages or taking of
property resulting from the design or construction of the Parkland/Landscape
Improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design or construction of public
drainage systems, streets and other public improvements, Acceptance of any of the
Parkland/Landscape Improvements shall not constitute any assumption by the CITY of
any responsibility for any damage or taking covered by this paragraph. CITY shall not
be responsible for the design or construction of the Parkland/Landscape Improvements
pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any
negligent action or inaction taken by the CITY in approving the plans, unless the
15
R:\KITCHEL, JanetIBondslO3-0D71\Parkland Landscape Agreement.doc
particular improvement design was specifically required by CITY over written objection
by SUBDIVIDER submitted to the Director of Community Services before approval of the
particular improvement design, which objection indicated that the particular improvement
design was dangerous or defective and suggested an alternative safe and feasible
design, After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER
shall remain obligated to eliminate any defect in design or dangerous condition caused
by the design or construction defect, however, SUBDIVIDER shall not be responsible for
routine maintenance.
Provisions of this paragraph for Parkland/Landscape
Improvements shall remain in full force and effect for ten years following the acceptance
by the CITY, It is the intent of this section that SUBDIVIDER shall be responsible for all
liability for design and construction of the Parkland/Landscape Improvements installed or
work done pursuant to this Agreement and the CITY shall not be liable for any
negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing,
checking, or correcting any plans or specifications or in approving, reviewing or
inspecting any work or construction, The improvement security shall not be required to
cover the provision of this paragraph,
18. Sale or Disposition of SUBDIVISION, Sale or other disposition of this
property will not relieve SUBDIVIDER from the obligations set forth herein. If
SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION
to any other person, the SUBDIVIDER may request a novation of this Agreement and a
substitution of security, Upon approval of the novation and substitution of securities, the
SUBDIVIDER may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations
under Paragraph 17 for the work or improvement done by SUBDIVIDER.
16
R:\KITCHEL, Janet\BondsI03-0071\Parkland Landscape Agreement.doc
19. Time of the Essence, Time is of the essence of this Agreement.
20, Time for Comoletion of Work Extensions. SUBDIVIDER shall complete
construction of the improvements required by this Agreement no later t~~ Sept, 2.Do (0
In the event good cause exists as determined by the City Engineer, and if otherwise
permitted under the tentative map condition, the time for completion of the improvements
hereunder may be extended. The extension shall be made by writing executed by the
Director of Community Services. Any such extension may be granted without notice to
SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the
Surety or Sureties on any security given for this Agreement. The Director of Community
Services shall be the sole and final judge as to whether or not good cause has been
shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the
commencement of work, resulting from an act of CITY, or by an act of God, which
SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather
which prevents the conducting of work, or by strikes, boycotts, similar actions by
employees or labor organizations, which prevent the conducting or work, and which
were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for
an extension of time for completion. As a condition of such extension, the Director of
Community Services may require SUBDIVIDER to furnish new security guaranteeing
performance of this Agreement as extended in an increased amount as necessary to
compensate for an increase in construction costs as determined by the Director of
Community Services,
21, No Vestina of Riahts. Performance by SUBDIVIDER of this Agreement
shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any
change in any zoning or building law or ordinance,
17
R:\KITCHEL, JanetIBondsI03-0071\Parldand Landscape Agreement.doc
22, Notices, All notices required or provided for under this Agreement shall
be in writing and delivered in person or sent by mail, postage prepaid and addressed as
provided in this Section, Notice shall be effective on the date it is delivered in person, or,
if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as
follows unless a written change of address is filed with the City:
Notice to CITY:
City Clerk
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Notice to SUBDIVIDER:
I1SH~ Y tt.srt! LL-C--
J
'170 E: HtJlUJ.s,,;) ..sr.
eOR..f)AJI'J- erJ 9.J.,f."
,1rrAJ: /?,~;e, ot. A II
23, Severabilitv, The provisions of this Agreement are severable. If any
portion of this Agreement is held invalid by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect unless amended or
modified by the mutual consent of the parties,
24, Captions. The captions of this Agreement are for convenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid in the
interpretation, construction or meaning of any provisions of this Agreement.
25. Litiaation or Arbitration, In the event that suit or arbitration is brought to
enforce the terms of this contract, the prevailing party shall be entitled to litigation costs
and reasonable attorney's fees.
18
R:\KITCHEL, JanetIBondsl03-0071\Parkland Landscape Agreement.doc
26. Incorooration of Recitals. The recitals to this agreement are hereby
incorporated into the terms of this agreement.
27, Leaal Resoonsibilities, The Subdivider shall keep itself informed of all
local, State and Federal laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its obligations pursuant to this
Agreement. The Subdivider shall at all times observe and comply with all such laws and
regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Subdivider to comply with this section.
28, Entire Aareement. This Agreement constitutes the entire Agreement of
the parties with respect to the subject matter. All modifications, amendments, or waivers
of the terms of this Agreement must be in writing and signed by the appropriate
representative of the parties. In the case of the CITY, the appropriate party shall be the
City Manager,
19
R:\KITCHEL, Janet\SondsI03-Q071\Parkland Landscape Agreement.doc
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its
Mayor.
SUBDIVIDER 1I~III4Y US,4p.e /.,..... CITY OF TEMECULA
,8'1: 19,siil:W :t>e./n,.DJ?mq!,r eD. ,.
ml9lJ7(~",,& /l'IEm.8E"/<,J
By: By:
Name: ..:rU.ST/~ fI. /'1;sH~1 Name:
Title: !?ee-s/J)e"vr Title:
Name:
Title:
(Proper Notarization of SUBDIVIDER'S signature
is required and shall be attached)
ATTEST:
By:
Susan W. Jones, CMC, City Clerk
RECOMMENDED FOR APPROVAL:
By:
Name:
William G, Hughes,
Director of Public Works/City Engineer
By:
Name:
Herman D, Parker
Director of Community Services
APPROVED AS TO FORM:
By:
Peter Thorson
City Attorney
20
R:\KITCHEL, JanetlBondsl03-0071\Parldand Landscape Agreement.doc
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
=:,9':: .
State of California
-B' (,"'- ,'c ; r\ p
County of 1\< I;, I . l,
}~.
On
7 - I '1 - (J5 beforemel(MV
Dale I
<\i.I~ti'1 K Clhh0U/
Name(s) 01 $igner(.15
G1Personally known to me
o proved to me on the basis of satisfactory
evidence
r1 hrLIJ'JY;.g Nctnn4 \)i.1\-'II(~,
~lIlldTllleoIOlfIC&r( ,"JaneOoe,Nota Publlc1
.j
personally appeared
TRACY M, BROWNE
@ Commission # 1394895
~ .. Notary Public - California t
Riverside County
My comm, ExpiIe$ Jon 20, 2007
to be the person(s) whose name(s) is/_
subscribed to the within instrument and
acknowledged to me that he/5Ae!IIley executed
the same in his/harilheir authorized
capacity(iesj, and that by his/1lef4Rei<
signatureW on the instrument the person(s), or
the entity upon behalf of which the person(jl)
acted, executed the instrument.
WITNESS my hand and official seal.
~JQ
rY) ,fy,..nvru/
Signalure 01 NoIeiy Public
OPTIONAL
Though the infonnation below is not required by law, ff may prove valuable to pelSOns relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Trtle or Type of Document: Q-)(1r1 ':'>
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
01999 NatiOnal NotaryAssoclaIlDn' 9350 De SotoAYI., P.O. Box 2402' Chatsworth, CA 91313-240.2 a www.naIlonalnolary.OI'g
Pnxl. No. 5907
Reorder.C.UToI-FI1MI1-800-876-6827
EXHIBIT A
(Attach the basis for the estimate of the cost of improvements,)
21
R:\KITCHEL, JanetIBondsl03-0071\Parldand Landscape Agreement.doc
.
,
l'~.
RORIPAUGH RANCH
Nelghll~rh~~d ~arkr
_ . . l __
Final Cost Estimate
~unEl13, 200~
,
SITE GRADING
1. Rough Grading
2. Finish Grading
SUBTOTAL
QIY
40,900
SITE DRAINAGE
3, 2424 Catch Basin
4. 1212 Catch Basin
5. 4" PVC Drain Line
6. 6" PVC Drain Line
7. 12" PVC Drain Line
8. Deck Drains
SUBTOTAL
QIY
3
18
120
1,1}0
484
6
H_r
I
,-
.!
---007/
TOTAL
$40,900.00
$40,900.00
TOTAL
$3,000.00
$10,800.00
$720.00
~.9,040,OO
$7,260,00
u $600.00
$31,420,00
SITE CONSTRUCTION QIY U1JJI UNIT COST TOTAL
9. Type 0-6 Curb , _ _... _ 350 LF ... _$14,00 . $4,900,00
10. Type A-6/A-8 Curb and Gutter 720 LF $20,00 $14,400.00
11. 22" Concrete Swale 350 LF $12,Q.0.,.. $4,200.00
12,3" ThickAC Paving 108' TONS ~.8,Q.0: $5,184.00
!-
13. 4" Thick Class II Aggregate Base. 123 ; TONS i _ J32,O_0 ' $3,936.00
14, Parking Lot Striping . u _18_ : EA ; $25,00 $450,00
15.HC Parking Signs i.__.___? i~~l_ $75,00, $150,00
16.6" Thick Concrete Walk 5,654 ! SF '$-5:601 ___$31,662.40
~~:~:~:~~a6ri~:mps, - .'...- --T~~:-i=~=F-:-:_;1.1~6;~g-F$1~~~~:~~
19,4" Thick Concrete Walk 18,652 SF $4.40 _${l2,068.80
20,Retainingvvall ....... '___~~~ -,-=Li=.~ _u~E~~Qf . $_1_?~,580.00
21.Concret~S~airs. .., ______ . , _ 5S__ _!_ LF _ .$..1_9,00 i _~~,0~_5..00
22"GuardrailsOl~~Ha~dralls _ _ _ _ _ _ ___ _ I _ _ 689_ __ r__LF ,.__. _ $4.5~.g.+ ,,$30,600.00
~t'~b~:~~~h~~i~d~~eltei--- __._u.._ -----.-- ---j------~~~- -r ~~"l-- $11~6~~o6~!-- -n~:~~~:6~
~~:;:~ ~i~~~l~~i~~~~~~~tilasiers-=:--- -- ---- ..~-~ --~:~~ 1---;~~6- - -1- ~~ -~~ ~--- ~=~fb-~ C:-~t~:~~~:~~.
":'""'00,"'" m m~ HU -- I-i- I" r- ";":00' .i,roo.'
~~: i :::~:;~;:t~~~rb~;~~~~..:~\~~~~nj~ s=a~~~_=.:~~_ _ _ ==~-~ l: ~~:~~f JE -- ==-- - $~~~'~~ 1-..-~-:!H~Hr
31 i'aY-_Eiu~Prierii--_ -::- =_- ~ - - .~:::: -.- _=- .. -- _-- L-':-T_-:L_~~_=jl== $.~7"0~Q,~Ot _=_ ji7,qQ,O,OO
j~: i~i~~;~a~~f~!}' ,surfacing .. --_m---+--..1"Jt i-~~ - ,- ---{l~~66i .-$~~:l~~:b~
34.: i>iayAres.c-urb--------- -. .--.- ........-1.. 370-r-Ci=--I---'-$iio-6-1'" -- --- $8,5io~oo
H,ii:~~~~~?;;~1~_~t~~;~:~-~:=~~~:_=-~:~-n-_~~~:=~_-~::==t~~~_~~L~=[:lf~~~=r:~~i~J---:iifi~i:~~
38. : Concrete Picnic Table I 13 'EA 1 $1,300,00 I $16,900,00
39,BBO Giili_- .--.- ... n'n n.. ....~.:....__. .'.C '-i.:.:t=~AT...---mQ,Q.oT_.$9io.oo
SUBTOTAL . ! ,- i" .. $626,627,20
.. !.---' ..._..._.~...._- -. -T'----.----I..---- .-. ---------.---__.__ ._, .._.~ __. . ,.
I ; I i
-1-.QIT;--tiliilyt--UNiicosfl TOTAL
---l---.---!-.+ -'-1' ......... ___m.
,216 LF, $5.00 $1,080.00
---...-----1--..---- ..-.--. _____L___.__....---<--__ __..__.._......_____1......._ __ _ _ ._....._._...
, 91 I LF : $25.00 I $2,275.00
: SITE UTlLTiIE~nm._
40. 1" Domestic Water Line and Backflow Preventer
41.:4" Sa-~i'ta" S~~e;.line-" '.0--- _.-.m..
U1JJI
UNIT COST
,
I
Cy I
1
$1.00,
, U1JJI
EA
EA
LF
LF
LF
EA
'-j -
!
UNITCc:J~T .
$1,000.00 .
$600.00
$6.00
$8.00
__ - ____._u_
$15.00
.11.0.0,.00,
I
..
.
42,. Sanitary Sewer Cleanouts
SUBTOTAL
SITE ELECTRICAL
43. Transformer Pad
44. Walkway I. Parking I Basketball Court Lights
45. Switch Gear and Panel
SUBTOTAL
I
I.
QLY.
1
22
1
IIRRIGA nON
46.;2" BacktiowP~eve~ter
47. ,Automatic Irrigation System
48. . Irrigation Controllers
SUBTOTAL
-j
DIY.
1
184,800
2
LANDSCAPE
49, Soil Preparation and Fine Grading
50. 24" Box Trees
51, 36" Box Trees
52. 48" Box Trees
53, 15' BTH Palms
54. 1 Gallon Shrubs
55. 5 Gallon Shrubs
56, :Ground Cover (Flats)
57. . Turf Hydroseed
58, .30 Day Plant Establishm!,nt.
59, 60 Day Po~t M.ainte~ance P,eriod
SUBTOTAL
QLY.
184,800
173
11
2
26
493
1,362
14,700,
,.
170,100
1
1
...1...___..---
EA
!JN1I i
LS
"j
i ~.,_
LS '
I ......... j-
l!JN1Ii
:'i.S!
SF
EA
, !JN1I
SF
EA
EA
EA
. ., -EA
EA
EA
SF
SF
LS
LS
. 1-'. u.__
$750,00 I
UNIT COST
$3,500,00 :
- $2;500:00:
_____ m_ ..1
$8,000,00 ,
$750.00
$4,105.00
TOTAL
, $3,500,00
$55,000,00
$8,000,00
$66,500.00
UNIT COST TC'..TAL
___n._. _.u__._.. t
... .$?,50.Cl'OO : $2,500.00
$0.80 $14
$5,500,00 'Lb)
. . - 1---- ~..
UNIT COST
$0,28
$300.00
$500,00
$1,200.00 ,
$1,500.00
$8.00
$18.00
$0,80
$0,10
$2,500,00
....,.-.....
$3,000.00
(Q-)
.';;,~
TOTAL
$51,744.00
$51,900,00
$5,500.00
$2,400,00
$39,000.00
$3,944.00
. $.24,516.00
$11,760.00
$17,010.00
$2,500,00
$3,O~000
$213,274.00
_1.._......._ .+__........_ _n. .
I : I i
MISCELLANEOUS iTEMS' '" ! fifY.'TIuiiinJiiir COST -1---t6TAL
:~: ;~ii%~!~~r~~, c;:ain~~6~~~~~ing~-~--~=__~=_~~~'=~~~_~f_____nF~f-E~- F :~:~~~:~~'i---------:~:~~~~!
"_m.__ .___n_ _ _ ----- -;' ----uuin---~-------t-------
:'rOTAL . .._n---li In' ---- - :--$1,'1-50;966.20
... . ...., -, -,._-.~.,,--~,.--=--.::-=-~:=:-.~-~=~- ~=----'~-:::-T~'..'- .:--::~~~--==i-~~~~~.=:---~-~~;;:' ((!)
. 00#
\0.') 15,300000'
( b) 1 1 ,00 Q .00- O-Jc.0..-h'SY\a.1..
\...cj 4.300-00d
Suretv Bond Review
The attached surety bonds (Developers 5urety and Indemnity Company) have been
reviewed, (Roripaugh Ranch Neighborhood Park)
Bond Amount
8396785
$ 557,633
$ 1,155,266
$ 115,526
8396785
[J'fhe surety company is an admitted company in the State of California
~dmitted company was verified at
www.insurance.ca.gov/docs/fs/admitted.htm
DThe surety company is not an admitted company in the State of California
Surety bond reference is A.M. Best 2004 version 071400 (A-:F5C V)
Verified by:
~~~s~Fiscal Servi~es Manager
Approved As to Form:
Peter M, Thorson, City Attorney
Company Profile
Company Profile
Page I of2
DEVELOPERS SURETY AND INDEMNITY
COMPANY
17780 FITCH, SUITE 200
IRVINE, CA 92613
Agent for Service of Process
ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #:
NAIC Group #:
California Company ID #:
Date authorized in California:
License Status:
Company Type:
State of Domicile:
12718
0075
4606-0
August 30, 1999
UNLIMITED-NORMAL
Property & Casualty
IOWA
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance, For an explanation of any ofthese
terms, please refer to the glossary,
SURETY
Company Complaint Information
fi'l,.. Company Enforcement Action Documents
. Company Performance & Comparison Data
Composite Complaint Studies
I
_l ".
Bond No. 839678S
,
Premium $13,863.00
CITY OF TEMECULA
PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Temecula, State of California, and Ashby USA, LLC
(hereinafter designated as "Principal") have entered into an Agreement whereby
Principal agrees to install and complete certain Parkland Improvements, which
said Agreement, dated July 12> 200S , and identified as "Roripaugh
Ranch Neighborhood Park CSD03-0071", is hereby referred to and made a part
hereof; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a
bond for the Faithful Performance of the Agreement;
Developers Surety and
NOW, THEREFORE, we the Principal and Indemnity Company as surety,
are held and firmly bound unto the City of Temecula, California, in the penal sum of
$1,155,266,00, 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,
R;\KITCHEL, Janet\Bonds\03-0071'l>arkland landscape faithful performance.doc
3
Page 1 of
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 there
under or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or the work or to the
specifications,
11/
R:\KITCHEL, JanelIBondslO3-0071lpa,ldand landscape faithful performance,doc
3
Page 2 of
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on July 18 , 2005
(Seal)
(Seal)
DEVELOPERS SURETY AND INDEMNITY COMPANY
SURETY
By: ",,-,~.... {l ~
Rhonda C_ Abel
(Name)
ASHBY USA, LLC, a California limited liability carpany
PRINCIPAL
. {]2f2/ &: Ashby Devel~rrent Carpany, Inc., a California .
~j,~ ~tioo
~ . Justin K. Ashby
(Nam
Attorney-in-Fact
(Title)
President
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
R:\KITCHEL, Janet\Bonds\03-0071\parkland landscape lanhlul performance.doc
3
Page 3 01
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
i) . . ,
County of 1\ ll/(~. (,<; i ('\ t.
} ss.
On
7 - I 9 - (~J5 before me, Ircll~\;
Date I
, \ iA~t1 1\ k Clhh tw /
Narne(IJofSigner{I)Q
!<!'PerSonally known to me
o proved to me on the basis of satisfactory
evidence
t1 hrrAO"'(~ Notot1l \)uhl,L..,
Name and TlUe of OffICer ( "Jane Doe, N Public1
.j
personally appeared
l@- :=:: -,
NoIary PuI:IIc - CaIIIomIa f
~ County -
_ _ _ ~~:.~_~2~~7f
to be the person(B) whose name(s) is/_
subscribed to the within instrument and
acknowledged to me that helsReltRey executed
the same in his/he,ftheir authorized
capacity(ie&j, and that by his/RefAAeir
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.
:l~ n; ~nV
"""'"~ ""'"
OPTIONAL
Though the information below is not required by law. ;( may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Q-,\,\,-J S
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
.
Top 01 thumb here
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
01999 NatIonal NotaI'yAsllociallotlo9350 De SoIoAve., P.O. Box 2402- ChaIsworth, CA91313-2402 '_.naIlonalnoIary.org
Prod. No. 5901
Reorder.CaUToft..Freel-800-876-6827
, ,
, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
On July 18 2005
DATE
personally appeared Rhonda C, Abel
before me, Jeri Apodaca, Notary Public
NAME, TITLE OF OFFICER - E.G.. -JANE DOE, NOTARY PUBLIC.
NAME(S) OF SIGNER(S)
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.
~ personally known to me - OR - 0
~. JERI APODACA ~
- Comm.11379729
~U),. · NOTAAYPUBl.IC.CAlIFOANIA ~
, OrangeCounly
My Comm. Explru Oi:l. 12, 20116 t
WITNESS my hand and official seal.
ck0
~11~ M
SI N TURE OF NOTAIlv
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
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o LIMITED
o GENERAL
o PARTNER(S)
~
o
o
o
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98
@1993NATlONAlNOTARYASSOCIATION.8236RemmetAve.,P.O. Box 7184 -Canoga Park. CA 91309-7184
CITY OF TEMECULA
Bond No_ 8396788
Premium included in charge
for Performance Bond
PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND
WHEREAS, the City of Temecula, State of California, and Ashby USA, LLC
(hereinafter designated as "Principal") have entered into an Agreement whereby
Principal agrees to install and complete certain Parkland Improvements, which said
Agreement, dated ::Iv-I?, \"l> ,20~, and identified as "Roripaugh Ranch
Neighborhood Park CSD03-0071" , is hereby referred to and made a part hereof; and
WHEREAS, under the term of said Agreement, Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Temecula, to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California; and
Developers Surety and
NOW, THEREFORE, we the principal and Indemnitv Company as
Surety, are held and firmly bound unto the City of Temecula, California, and all
contractors, subcontractors, laborers, material men, other persons employed in the
performance ofthe aforesaid Agreement and referred to in Title 15 of the Civil Code, in
the penal sum of $577,633,00, lawful money of the United States, for materials
furnished or labor thereon 9f any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that Surety will pay the same in an
amount not exceeding the amount set forth,
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees,
R:\KITCHEL, JanetlBonds\03-0071\par1dand landscape labor and materials bond,doc
Page 1 of3
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.
It is hereby expressly stipulated and agreed that this bond shall insure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond,
If the condition of this bond is fully performed, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed there
under or the specifications accompanying the same shall in anyway affect its obligations
on this bond, and it does hereby waive notice of any such changes, extension of time,
alteration or addition to the terms of the Agreement or to the work or to the
specifications.
R:\KITCHEL, JanetIBondsl03-0071lpartdand landscape labor and matenals bond.doc
Page 2 013
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on July 18 , 2005
(Seal)
(Seal)
DEVELOPERS SURETY AND INDEMNITY COMPANY
SURETY /1
By: ~O ~ 0: 00/
Rhonda C. Abel
(Name)
K hby
Attorney-in-Fact
(Title)
President
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
".~..". ." R:\K1TCHEL; JanetlBondSI=nT1\parkland"andscape 'ebor end materials bond.doc
Page 3 of 3
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of J\; vf~ (,c., i r\t.
}~.
On 7 - I ~ - C;::) beforeme,lr(lhl M hr()Ij',JY, NdZrnj \)Uhl,D,
Date / Name and TllIe of OIflCllr (e:g. "Jaoe Doe, NOla7 Publlc1
personally appeared . ) 1,1"'-, -\-i rj k. Ct n I) tJ I A / - ,
Name(,) of Signer('IJ
e<!"Personally known to me
o proved to me on the basis of satisfactory
evidence
~ - - - - - - - - - - - - ~
. TRACY M. BROWNE
-" Commission # 1394895
~ ... Notary Public - California ~
j' Riverside County t
_ _ _ ~:or:m~~e:,a~2~2~7
to be the person(B) whose name(B) is/_
subscribed to the within instrument and
acknowledged to me that he/5RellRey executed
the same in his/hefIlheir authorized
capacity(iesj, and that by his/!:leFlllleif
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.
~O fYJ {Z,A'r1) I'U./
. SIgnature Public
OPTIONAL
Though the information below is not required by laW; it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 'Ct-'f'lr1 ':'>
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
.
Top of Ihumb here
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other.
Signer Is Representing:
01999 NaIlonalNolaryAs:sociation.935Q De SotoAw.. P.O. Box 2402 oCN.tswoIth, CA91313-2402.www.nationalnotary,org
Pnxl. No. 5901
Aeorder:CallToR-F""l-800-87&-e827
. ,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
On July 18 2005
DATE
personally appeared Rhonda C, Abel
before me, Jeri Apodaca, Notary Public
NAME, TITLE OF OFFICER - E.G., .JANE OOE, NOTARY PU8L1C.
NAME(S) OF SIGNER(S)
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.
~ personally known to me - OR - 0
.r. JERI APODACA ~
- . Comm,11379729
>.11). . NOTARYPUBlICCAlIfOANlA II)
, Orang! County -
, 'My Camm. Expires OCL 12,2006 T
WITNESS my hand and official seal.
~Qork10a
N TURE OF NOTARY
OPTIONAL
Though the data beiow 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
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFiCER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o LIMITED
o GENERAL
o PARTNER(S)
~
o
o
o
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98
@1993NATlONALNOTARYASSOCIATlON.8236RemmetAve.,P.O.Box7184. Canoga Park. CA 91309-7164
Bond No. 839678S
Premium included in charge
for Performance Bond
CITY OF TEMECULA
PARKLAND/LANDSCAPE WARRANTY BOND
WHEREAS, the City of Temecula, State of California (hereinafter designated as
"City"), and Ashby USA, LLC
(hereinafter designated as "Principal") have entered
intoan Agreement whereby Principal agrees to install and complete certain designated
Parkland Improvements, which said Agreement, dated
Ju.ly \6
20 o~ , and identified as "Roripaugh Ranch
Neighborhood Park CSD03-0071", is hereby referred to and made a part hereof; and
WHEREAS, Principal is required to warranty the wOrk done under the tenns of
the Agreement for a period of one (1) year following acceptance thereof by City against
any defective work or labor done or defective materials furnished, in the amount of ten
percent (10%) of the estimated cost of the improvements;
Developers Surety and
NOW, THEREFORE, we the Principal and Indemnity Company as
surety, are held and finnly bound unto the City of Temecula, California, in the penal sum
of $115,526.00, 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 perfonn 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
R:\KITCHEL, JaneIIBonds\03-0071\parkland landscape Warranty Bond l.doc
Page 1013
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.
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
hereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications,
R:\KITCHEL, JanetlBonds\03-0071lparldand landscape Warranty Bond 1.doc
Page 2 of 3
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on
Julv 18
,2005 ,
(Seal)
(Seal)
DEVELOPERS SURETY AND INDEMNITY COMPANY
SURETY
By: ~ c::::::< {) n
-
Rhonda C. Abel
(Name)
ASHBY USA, LLC, a California limited liability cOTpany
PRINCIPAL
(}J2/ By: Ashby Developrer.t CorrlJany, Ire., a Calif<rJ'1,ia
u;L~~i5 .."".::"00
(Na e)
Presi dent
Attornev-in-Fact
(Title)
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
. R:IKITCHEL;Janell8ondslO3-007.1\parkland landscape Warranty Bond 1.doc
Page 3 of 3
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~.
State of California
County of j?"; \if"" (;; i d (
}ss.
On
7 - I 9 - (:,5
,TiA"'->tl 1\
DatE!
i'l
n ,~) '.'Y
Name and TiUeofOllicer(e:
k. Clnhtll'~/
Name(B)of Signerislj
GtPersonally known to me
o proved to me on the basis of satisfactory
evidence
personally appeared
~------------~
TRACY M, BROWNE
@ Commission # 1394B95
i -,. Notary PubUC . California ~
j' Riverside County (
... _ _ ~~~m:..~_Ja:?c:.2~7
to be the person(s) whose name(.) is/a<e
subscribed to the within instrument and
acknowledged to me that helslleltRey executed
the same in his/her/their authorized
capacity(ie6), and that by his/1<efAAeir
signature(p) on the instrument the person(.), or
the entity upon behalf of which the person(.s')
acted, executed the instrument.
WITNESS my hand and official seal.
\to rY)
111M ~
SlgnatureofNola1yPublk:
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Cr->(v-l:->
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limijed 0 General
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other.
TOp of thumb here
Signer Is Representing:
01999 Nalianal NotaIy Assoclation. 9350 De Solo Ave., P.O. Box 2-402. Chatsworth. CA 91313-2402. www.nationatnotary.llIg
Pmd. No. 5907
Reord8r:CaIIToI-Freel-800-876-6B27
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
On July 18 2005
DATE
personally appeared Rhonda C, Abel
before me, Jeri Apodaca, Notary Public
NAME, TITLE OF OFFICER - E.G.. .JANE DOE, NOTARY PUBLIC.
NAME(S) OF SIGNER(S)
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.
~ personally known to me - OR - 0
l@ JERI APODACA ~
- . Comm.11379729
~li1. -.. ~ NOTARY PUBLIC-CAliFORNIA {J1
", Orilnge CounlV -
MV Camm. Expires 0,1.12,2006 "t
WITNESS my hand and official seal.
J~
r~t16.. (\ 00.
SIGNA RE OF NOTARY '-
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
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
o LIMITED
o GENERAL
o PARTNER(S)
~
o
o
o
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98
@1993NATIONAlNOTARYASSOCIATION.8236RemmetAve., P.O. Box 7184. Canoga Park. CA 91309-7184
,
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263.3300
KNOW ALL MEN BY THESE PRESENTS, thai except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each. hereby make, constitute and appoint:
"'Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Patricia H. Brebner, Jane
Kepner, Nanette Myers, Jeri Apodaca, Leigh McDonough, Ashley K. Ward, Rachelle Rheault,
jointly or severally'"
as their true and lawful Attomcy(s)-in-Fact, to make. execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Auomcy(s)-in-Facl full power and authority to do and to perform every act necessary. requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all oflhc acts of said Attomey(s)-in-Fael. pursuant 10 these presents, arc hereby ralified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1. 2000:
RESOLVED. that the Chairman of the Board, the President and any Vice President ofthc corporation be, and that cach of them hereby is, authorized to
cxceute Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds. undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secrctary of the corporations be, and each of them hereby is. authorizcd to attcst the execution of any such
Power of Attorney;
RESOLVED, FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney or 10 any certificate relating thereto by
facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon thc corporation" when so affixcd and in
the future with respect to any bond, undertaking or contract of suretyship 10 which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February, 2005.
C-~~
",..""'.."",,,
".......~"( AND '"''''''
"'^'<- "....",...'C-:.
. s "" 0" "" ", -'.
~.{ji"..o'/.p ~4}-...... ~
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i~i 10 ioi
;')\ 1936 /~f
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~""""" 10W~ ",'~->i ~
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'""...."..11
By:
~ ~~"AJ:i2..u
Walter A. Crowell. Secretary
STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
On February 1.2005, before me, Nita G. HifTmeyer, personally appearcd David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
A~~66AA~6A.~~~.AJ
~. Nm>. G. HIFFMEYER
i COMM, · 1543481 S
N01J\RY PUBUC CALIFORNIA
ORANGE COUNTY
~ _ _ _ . ~~.~.~~n,y10:~'
Signarurc ~ ~ 1iff7/A-J
CERTIFICATE
The undersigned. as Executive Viee~President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CAUFORNlA, does hereby certify that the foregoing Power of Attorney remains in full foree and has not been revoked, and furthermore, that the provisions of
the resolutions of the respective Boards of Directors of said corporations set fort~ower of Attorney, arc in force as of the date of this Certificate.
"C' b~; 'i~.':'"'~"'~' ~~.,"' Q" 1r oe. -<--
David L. Kerrigan, Executive Viee~President
lD-1380 (Rev. 2/05)
..
"ii'lXl3
Inscliblco
~~
DISCLOSURE RIDER
Terrorism Risk'Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond,
Under this program, the Federal Gqvemment will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000,00, Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $100 billion for which the Federal Government or an insurer can be responsible,
Participation in the program is rnandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law,
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92814
(949) 283 3300
www.lnacoDlco.com
10-1498 (Rev, 5103)
../
TCSD
DEPARTMENTAL
REPORT
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
Board of Directors b?
Herman D. Parker, Director of Community Service
i' _
August 23, 2005
TO:
DATE:
SUBJECT:
Departmental Report
PREPARED BY: Gail L. Zigler, Administrative Assistant jPj
Construction of the Patricia H, Birdsall Sports Park (Wolf Creek Sports Complex) is currently
underway. Grading is complete. Installation of the field lighting is complete; installation of artificial
turf fields and construction of the building is underway.
A construction contract has been awarded to Edge Development for the construction of the new
Temecula Public Library project. A ground breaking ceremony was held on Thursday, May 12,
2005, Grading is currently underway,
A contract has been awarded for the Vail Ranch Middle School lighting project and installation of the
lighting system is complete and the project is near completion, Staff anticipates the courts will be
available for use for the upcojming youth basketball season,
The Community Services Department released an RFQ to landscape architect firms for Redhawk
Park Improvements for the four Redhawk park sites acquired on June 30, 2005 with the annexation
of Redhawk into the City ofTemecula. Deadline for submittals was July 26,2005. Staff is currently
reviewing the submittals, In addition, the City of Temecula is currently holding a "Name the
Redhawk Parks" campaign which ended July 25,2005, Park name recommendations will be made
to the Community Services Commission at the September 12, 2005 meeting, The name
recommendations will be forwarded to the City Council on September 27,2005 for their approval.
The recently established Cultural Arts Division is currently conducting summer cultural arts programs
and activities, and has conducted their first two evening concerts at the Harveston Lake Park. The
Cultural Arts Division is busy planning for the new community theater which is scheduled to open in
the Fall, and overseeing the day-to-day operations at the History Museum and the Imagination
Workshop, Temecula Children's Museum.
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:\ZIGLERGIXDEPTRPT\0805.doc
The TCSD 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 staff is currently concluding many of the summer recreation programs
including the annual Summer Sunsets Film and Concert Series, the annual Summer Day Camp, the
annual SMART and SMART Art Cart program, and summer aquatics.
Construction on the Old Town Temecula Community Theater continues to progress well.
Construction is entering its final phase and staff is in the process of planning the opening of the
theater the first week of October. Box office operations, concessions, marketing, entertainment
schedules, equipment purchases, are all in the planning process.
R:\ZIGLERGIXDEPTRPTl0805,doc
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
AUGUST 9, 2005
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:29
P.M" in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT: 4
AGENCY MEMBERS
Comerchero, Edwards, Washington, and
Naggar
ABSENT: 1
AGENCY MEMBERS:
Roberts
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 July 26, 2005.
MOTION: Agency Member Washington moved to approve Consent Calendar Item NO.1. The
motion was seconded by Agency Member Edwards and the electronic vote reflected approval
with the exception of Agency Member Roberts who was absent and Agency Member Naggar
who abstained with regard to Item No, 1.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
2 First Amendment to the Owner Participation Aoreement for Dalton II Mixed Use
Affordable Housino Proiect
RECOMMENDATION:
2,1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 05-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A FIRST AMENDMENT TO THE
OWNER PARTICIPATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND D'ALTO PARTNERS, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
R:\Minutes.rdaIOB0905
2.2 That the Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 05-06
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING THE FIRST AMENDMENT
TO THE OWNER PARTICIPATION AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND D'ALTO PARTNERS, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
At this time, the City Council was reconvened and Mayor Comerchero called the meeting to
order and requested a staff report.
Agency Member Edwards advised that because her employer will be providing financing on this
project, she would be abstaining with regard to this item. Mrs. Edwards removed herself from
the dais at this time,
Director of Housing and Redevelopment Meyer provided an overview of this staff report (of
record).
There being no public input, this public hearing was closed,
MOTION: Agency Member Naggar moved to adopt Resolution Nos, 05-85 and RDA 05-06.
The motion was seconded by Agency Member Washington and the electronic vote reflected
approval with the exception of Agency Member Roberts who was absent and Agency Member
Edwards who abstained.
At this time, the City Council meeting was recessed and Agency Member Edwards returned to
the dais,
DEPARTMENTAL REPORT
No additional comments,
EXECUTIVE DIRECTOR'S REPORT
No additional comment.
AGENCY MEMBERS' REPORTS
No additional comments,
R:\Minutes. rdal080905
2
ADJOURNMENT
At 7:33 P,M" the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, August 23, 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.rda\080905
3
ITEM 2
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINAJ\ "E &.
CITY MANAGER I,Cf I -
(//
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
~
FROM:
John Meyer, Redevelopment Director
DATE: August 23, 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 by six
months,
DISCUSSION:
At its June 28, 2005 meeting the City Council approved the Development Plan, Plan
Development Overlay, Development Agreement and Tentative Parcel Map for the Temecula
Education Center, In addition to the above mentioned entitlements, the Council also adopted a
Third Amendment to the DDA. This included the License Agreement for the remediation work,
which will allow the AGK Group to begin the mass grading and soil remediation prior to taking
ownership of the property,
Staff and the design team are continuing to meet on a bi-weekly basis, The design team has
moved into the construction drawing phase and anticipates making the first submittal to the
Building and Safety Department in early September. The applicant has resubmitted the mass
grading to the Public Works Department. The applicant hopes mass grading for the project to
start in approximately 60 days, The next significant milestone is January of 2006, when the
AGK Group will close on Phase I of the property,
CONCLUSION:
quickly as possible.
studies,
The developer remains committed to moving the project forward as
He has spent considerable resources on project design and special
A;\Educati~ex'CouncII Update Augus123, 2005.doc
RDA
DEPARTMENTAL
REPORT
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Redevelopment Agency Members
FROM: John Meyer, Redevelopment Director ~
DATE: August 23,2005
SUBJECT: Monthly Departmental Report
Attached for your information is the monthly report as of August 23, 2005 for the
Redevelopment Department.
First Time Homebuvers Proaram
Funding in the amount of $100,000 is available for FY 05 -06,
Residential Improvement ProQrams
The program budget for FY 05-06 is $250,000, with $43,000 funded on 8 units. The amount
available to each participant increased from $5,000 to $7500,
Habitat for Humanity
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,
Dalton Mixed-Use
On May 28, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project will consist of 24 units over 5,000 sq.
ft. of retail/commercial. The project is located on the north side of Fifth Street, west of
Mercedes.
R:\SYERSK\MONTHLL Y\aug05.doc
Facade ImprovementlNon-Conformina Sian Proaram
The following facade improvement/sign projects are in process or have recently been
completed:
. Belinda McCauley Photography
Sign Program
. Texas Lil's
Fat;:ade Improvement Program
. Old Town Coffee House
Fat;:ade Improvement Program
Old Town Promotions/Marketina
Hot Summer Fridav Niahts/Main Street Saturday Niahts
"Hot Summer Friday Nights" kicked off it's annual series of events in Old Town July 8. The
Friday nights featured entertainment adventures with live bands, games and prizes for the
children, a rock wall, Dynamite Dave and free family fun under the stars. Each Friday featured
a new theme, varying form Blues, Rocking Cajun, Steel Drum, Jazz and Power Rock from 6:30
to 11 p,m, Froggy Jump and a mini-midway with games for the kids were also part of the family
fun, Friday Hot Summer Nights were held every Friday through August 26.
On Saturday, July 16, a new concert series was introduced to Old Town, "Main Street Saturday
Nights in Old Town Temecula," Live on stage, Saturday, July 16 at the Main Street Bridge, was
the country performance of the Drew Davis Band, Brian Lynn Jones & the Misfit Cowboys, and
Dave Stamey. On Saturday, August 20 Saturday Nights on Main Street featured the Witcher
Bros, and Silverado Bluegrass on August 20, and Blues Saturday featuring BB Chung King and
the Buddhaheads, and Aunt Kizzy'z Boyz on September 17, Individuals dining in participating
restaurants in Old Town Friday or Saturday during these concert weekends will receive
preferred seating with their Old Town arm band.
ITEM 13
APPROVA~
CITY ATTORNEY
DIRECTOR OF FIN~ fOJI(
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City,..9ouncil
Debbie Ubnosk~~r of Planning
DATE:
August23,2005
SUBJECT:
Second Extension of Interim Ordinance; Prohibition of "Medical" Marijuana
Dispensaries
PREPARED BY:
Debbie Ubnoske, Director of Planning
RECOMMENDATION: That the City Council, by a 4/5ths vote, adopt an ordinance entitled:
URGENCY INTERIM ORDINANCE NO. 05-_
AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY OF
TEMECULA, CALIFORNIA, ESTABLISHING, CONTINUING AND
EXTENDING THE PROHIBITION OF THE ESTABLISHMENT OF
MARIJUANA DISPENSARIES IN ANY ZONING DISTRICT WITHIN
THE CITY
BACKGROUND: The City Council has previously enacted an interim ordinance, effective on an
urgency basis, which acted to prohibit the establishment of land uses that served as dispensaries of
medical marijuana, The City Council charged staff with the task of evaluating if such land uses
should be pennitted and, if so, the recommendation for both land use designations and operating
regulations for such use,
The staff is still conducting the analysis and conclusions necessary to provide the information
sought to the City Council. As this analysis, and supporting conclusions, is not completed at this
time, it is recommended that the City Council extend this interim ordinance for an additional one year
period,
The condition precedents to the time extension: notice, publications and release of the status report
ten days prior to the public hearing have been accomplished, The City Council may, if it deems it
appropriate, adopt this interim ordinance which will cause the prohibition on the establishment of
medical marijuana dispensaries to be extended,
FISCAL IMPACT:
None,
ATTACHMENTS:
Urgency Interim Ordinance
R:\DEBBlElcc marijuana stf rpr.S-SoOS.doc
URGENCY INTERIM ORDINANCE NO. OS-_
AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY
OF TEMECULA, CALIFORNIA, ESTABLISHING, CONTINUING
AND EXTENDING THE PROHIBITION OF THE
ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY
ZONING DISTRICT WITHIN THE CITY
The City Council of the City of Temecula, California, hereby ordains as follows:
Section 1. Legislative Body Findings.
The City Council of the City of Temecula, as the legislative body of the City, makes the
following findings in support of the immediate adoption and application of the first full one-year
long extension of the provisions of the interim ordinance adopted on September 14, 2004 as
Ordinance No, 04-09 as an urgency ordinance regulating land use within the City of Temecula.
A. The City Council is adopting this extension of Ordinance No, 04-09
interim ordinance as an urgency ordinance, effective immediately and concurrently upon the
lapse of Ordinance No, 04-09, prohibiting the establishment of marijuana dispensaries, as
defined hereafter, in any zoning district of the City of T emecula pursuant to the authority set
forth in California Government Code Section 65858 for one year.
8, The City Council has previously found the following: The decision to
authorize the establishment of marijuana dispensaries within the City, and, if permitted, the
zoning district and related development standards has not been commenced or completed by
the City because no request to initiate or locate a marijuana dispensary has been previously
received by the City. The City has now received an inquiry from a business entity which seeks
identification of the regulatory and zoning standards which the City of Temecula will apply to the
establishment of marijuana dispensaries for medical benefit purposes. The City currently has
not established any express criteria regarding the establishment, location or scope of operations
for marijuana dispensary uses. The City has recently updated the main text of its General Plan.
The General Plan serves as the foundation of the City's development and land use criteria, as
thereafter implemented by the City's zoning and regulatory ordinances. This City Council
hereby determines that it still lacks sufficient information regarding the permissibility of
marijuana dispensaries as permittable and beneficial land uses, Further, this City Council lacks
sufficient information to determine the proper General Plan land use and locational criteria for
marijuana dispensaries, if such are permitted. Finally, this City Council lacks sufficient
information to develop and impose regulatory, land use and operational criteria for and upon
marijuana dispensaries, The City Council does not want to act without adequate information as
such would be acting in an arbitrary and capricious manner. Adoption of criteria in such
circumstances would negatively affect the general health, safety and welfare of the City as
presently developed and negatively impact further development in the City, Alternatively,
allowing marijuana dispensaries without having appropriately studied the land use and its
consequence would also be a failure to adequately govern and protect the health, safety, and
welfare of the City of Temecula,
C, This City Council hereby expands the scope of the revisions to the
General Plan of the City of Temecula to include analysis of the issues regarding the
permissibility of, and if permitted, the location of, the scope of and the operational criteria that
should be imposed upon marijuana dispensaries, if any, and further, the structuring of zoning
R:\Ordinances\marijuana ordinance.8-8-05.doc
and other necessary regulatory controls to cause such land uses to be beneficial land uses
rather than uses that are detrimental to or cause blight to occur within the City of Temecula.
D, Pursuant to California Government Code Section 65858(a), this urgency
interim ordinance shall be adopted by not less than a four-fifths vote of this City Council and
shall be in effect for one year from the date of its adoption, The City Council may consider
further extension of this interim ordinance, pursuant to all legal requirements, if necessary,
Section 2. Ordinance.
A. INCORPORATION OF FINDINGS. The findings set forth in Section 1
above, in all respects, are incorporated into this interim ordinance and are again made,
confirmed, and adopted in support of this second extension of Interim Ordinance No, 04-09.
B, REPORT SUPPORTING EXTENSION. The report required by California
Government Code Section 65858 was prepared and available for review in conformance with
legal requirements, A copy of the report is attached hereto as Attachment 1.
C, INTERIM PROHIBITION ON MARIJUANA DISPENSARIES. No
marijuana dispensary, intended to provide marijuana for medicinal or any related purpose, shall
locate, commence, obtain license for or be entitled by the City, in any zone, or any parcel, or at
any place, public or private within the City, For purposes of this interim ordinance the term
"marijuana dispensary" shall be broadly and liberally interpreted to mean and include any
location, structure, facility, vehicle or that similar to the same used, in full or part, as a place at
or in which marijuana is sold, traded, exchanged, bartered for in any way, made available,
located, stored, placed, or cultivated,
D, NO CONFLICT WITH STATE LAW, This interim ordinance shall in no
way limit the right to possess, use or cultivate marijuana for medicinal purposes as is presently
authorized by the laws of the State of California as set forth in the Health and Safety Code,
E. CEQA COMPLIANCE, It can be seen with certainty that this second
extension of Ordinance No. 04-09 has no likelihood of causing a significant negative effect on
the environment and accordingly both the City Council's action of adopting this ordinance and
the effects derivative from that adoption are found to be exempt from the application of the
California Environmental Quality Act of 1970, as amended, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines (Title 14 CCR 15061.(b)(3).) This finding is premised on the fact
that the adoption of this urgency interim ordinance will maintain the current environmental
conditions arising from the current land use regulatory structure as adopted by the City without
change or alteration.
F. PLANNING STUDIES. The City staff shall continue to take actions to
promptly commence and complete the studies they may deem necessary and appropriate to
make recommendation to this City Council regarding the establishment of marijuana
dispensaries, and the regulatory criteria that are recommended should such land use be
permitted.
G, EXTENSION OF TIME, The Planning Director and the City Clerk's office
have undertaken all actions legally necessary to extend this interim ordinance in light of the fact
the studies and reports desired by this City Council will not be concluded on or before the lapse
of this current interim ordinance.
R:\Ordinances\marijuana ordinance.8-8-05.doc
2
H, The City Clerk of the City of Temecula shall certify to the passage and
adoption of this ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law,
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on
the 23rd day of August, 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, do hereby certify that the
foregoing Ordinance No, 05-_ was duly adopted and passed as an urgency ordinance at a
regular meeting of the City Council on the 23rd day of August, 2005 by the following vote, to wit:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
ABSTAINED:
Susan W. Jones, CMC
City Clerk
R:\Ordinances\marijuana ordinance.8-8-05 .doc
3
ATTACHMENT 1
URGENCY INTERIM ORDINANCE NO. 04-13
AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY
OF TEMECULA, CALIFORNIA, ESTABLISHING. CONTINUING
AND EXTENDING THE PROHIBITION OF THE
ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY
ZONING DISTRICT WITHIN THE CITY.
The City Council of the City of Temecula, Califomia, hereby ordains as follows:
Section 1. Legislative Body Findings.
The City Council of the City of Temecula, as the legislative body of the City, makes the
following findings in support of the immediate adoption and application of the extension of the
provisions of the interim ordinance adopted on September 14. 2004 as Ordinance No, 04-09 as
an urgency ordinance regulating land use within the City of Temecula.
A, The City Council is adopting this extension of Ordinance No. 04-09
interim ordinance as an urgency ordinance, effective Immediately and concurrently upon the
lapse of Ordinance No, 04-09, prohibiting the establishment of marijuana dispensaries, as
defined hereafter, in any zoning district of the City of Temecula pursuant to the authority set
forth in Califomla Govemment Code Section 65858 for ten (10) months, fifteen (15) days,
B, The City Council has previously found the following: The decision to
authorize the establishment of marijuana dispensaries within the City, and, if permitted, the
zoning district and related development standards has not been commenced or completed by
the City because no request to initiate or locale a marijuana dispensary has been previously
received by the City, The City has now received an inquiry from a business entity which seeks
identification of the regulatory and zoning standards which the City of Temecula will apply to the
establishment of marijuana dispensaries for medical benefit purposes, The City currently has
not established any express criteria regarding the establishment, location or scope of operations
for marijuana dispensary uses, The City is presently in the process of revising its General Plan.
The General Plan serves as the foundation of the City's development and land use criteria, as
thereafter implemented by the City's zoning and regulatory ordinances, This City Council
hereby determines that it lacks sufficient information regarding the permissibility of marijuana
dispensaries as permittable and beneficial land uses, Further, this City Council lacks sufficient
infonmation to determine the proper General Plan land use and locational criteria for marijuana
dispensaries. if such are permitted, Finally, this City Council lacks sufficient information to
develop and impose regulatory, land use and operational criteria for and upon marijuana
dispensaries, The City Council does not want to act without adequate information as such
would be acting in an arbitrary and capricious manner. Adoption of criteria in such
circumstances would negatively affect the general health, safety and welfare of the City as
presently developed and negatively impact further development in the City: A1tematively,
allowing marijuana dispensaries without having appropriately studied the land use and its
consequence would also be a failure to adequately govem and protect the health, safety, and
welfare of the City of Temecula,
C, This City Council hereby expands the scope of the revisions to the
General Plan of the City of Temecula to include analysis of the issues regarding the
permissibility of, and if permitted. the location of, the scope of and the operational criteria that
should be imposed upon marijuana dispensaries and further, the structuring of zoning and other
R:lOrds 200410tds 04-13
necessary regulatory controls to cause such land uses to be beneficial land uses rather than
uses that are detrimental to or cause blight to occur within the City of Temecula,
D. Pursuant to Califomia Government Code Section 65858(a). this urgency
interim ordinance shall be adopted by not less than a four-fifths vote of this City Council and
shall be In effect for ten (10) months and fifteen (15) days from its adoption, The City Council
rnay consider further extension of this interim ordinance, pursuant to all legal requirements, if
necessary.
Section 2. Ordinance.
A. INCORPORATION OF FINDINGS, The findings set forth in Section 1
above, in all respects, are incorporated into this' interim ordinance and are again made,
confirmed, and adopted in support of this first extension of Interim Ordinance No. 04-09,
B, REPORT SUPPORTING EXTENSION, The report required by California
Government Code Section 65858 was prepared and available for review In conformance with
legal requirements, A copy of the report is attached hereto as Attachment 1,
C, INTERIM PROHIBITION ON MARIJUANA DISPENSARIES, No
marijuana dispensary, intended to provide marijuana for medicinal or any related purpose, shall
locate, commence, obtain license for or be entitled by the City, in any zone, or any parcel, or at
any place, public or private within the City, For purposes of this interim ordinance the term
"marijuana dispensary" shall be broadly and liberally interpreted to mean and indude any
location, structure, facility, vehide or that similar to the same used. in full or part, as a place at
or in which marijuana is sold, traded, exchanged, bartered for in any way, made available,
located, stored, placed, or cultivated,
D, NO CONFLICT WITH STATE LAW, This interim ordinance shall in no
way limit the right to possess, use or cultivate marijuana for medicinal purposes as is presently
authorized by the laws of the State of California as set forth in the Health and Safety Code,
E. CEQA COMPLIANCE, It can be seen with certainty that this first
extension of Ordinance No, 04-09 has no likelihood of causing a significant negative effect on
the environment and accordingly both the City Council's action of adopting this ordinance and
the effects derivative from that adoption are found to be exempt from the application of the
California Environmental Quality Act of 1970, as amended, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines (Title 14 CCR. 15061,(b)(3).) This finding is premised on the fact
that the adoption of this urgency interim ordinance will maintain the current environmental
conditions arising from the current land use regulatory structure as adopted by the City without
change or alteration.
F, PLANNING STUDIES. The City staff shall continue to take actions to
promptly commence and complete the studies they may deem necessary and appropriate to
make recommendation to this City Council regarding the establishment of marijuana
dispensaries. and the regulatory criteria that are recommended should such land use be
permitted.
R:lOrds 2004/0tlls 04-13
2
G, EXTENSION OF TIME, The Planning Manager and the City Clerk's office
have undertaken all actions legally necessary to extend this interim ordinance in light of the fact
the studies and reports desired by this City Council will not be concluded on or before the forty-
fifth day subsequent to the initial adoption of this Interim ordinance,
H. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this ordinance extending Ordinance No. 04-09 and shall cause the same or a
summary thereof to be published and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this 26"' day of October, 2004,
'- ~1V\
~MiC aels.~or
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) sS
CITY OF TEMECULA )
I, Susan W, Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No, 04-13 was duly adogted and passed as an urgency ordinance at a
regular meeting of the City Council on the 26 day of October, 2004 by the following vote, to wit:
AYES:
NOES:
5
o
COUNCILMEMBERS: Comerchero, Roberts, Stone, Washington, Naggar
COUNCILMEMBERS: None
ABSENT:
o
COUNCILMEMBERS: None
ABSTAINED: 0 COUNCILMEMBERS: None
R~Otlls 2004IOrds 04-13 3
Report Regarding Land Use Regulation of Dispensaries
For the Sale of Marijuana for Medical Use Purpose
The City Council of the City of Temecula, California has previously adopted its Interim Zoning
Ordinance No. 04-13. The Interim Ordinance prohibits the location or commencement of a
dispensary that sells or makes available marijuana for medical use purposes. A copy of the
subject Interim Ordinance is attached hereto as Attachment 1 and, to the extent required to
review this report, is hereby incorporated by reference as if fully set forth herein, All references,
terminology and citations utilized in this report have the same meanings as are used in
Attachment 1.
Since the date of commencement of Interim Ordinance No. 04-13 City staff have reviewed the
existing and proposed General Plan for the City of Temecula, including all individual elements.
This is for the purpose of preliminary identification of such land uses consistency with existing
and proposed goals, objectives and policies with these foundational documents, Analysis is
ongoing but has not yet been completed due to the complexity of the involved issues and the
need to integrate them into the previously established General Plan update process. Staff has
not been able to complete the integration of the medical marijuana dispensary concept into the
General Plan framework in a form sufficient to achieve a dispositive conclusion to both the land
use and operational/regulatory issues that arise from such proposed land use.
Further, the City Attorney's office is researching the legal issues arising under both State and
Federal laws (statutory and case law). The City Attorney's office is also communicating with
other legal departments such as the County 'Jf Riverside District Attorney's office. The results of
this analysis will be integrated with the results of the General Plan and related land use issues,
At the time the results of the combined research and analysis will be presented to the City
Council for its review and further action.
R:\caravellidlMarijuana Ordinance Report Attachement.doc
ITEM 14
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Debbie Ubnoske, Director of Planning
DATE: August 23, 2005
SUBJECT: Second Weed Abatement Lien Resolution for FY 2005-2006
PREPARED BY: Stephen Brown, Principal Planner
RECOMMENDATION: That the City Council adopt a Resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING CONFIRMATION OF THE SPECIAL
ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE
CITY OF TEMECULA FOR THE SECOND WEED ABATEMENT
CYCLE FOR COSTS OF ABATEMENT AND REMOVAL OF
HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2005-
2006
BACKGROUND: The City of Temecula is responsible for weed abatement for properties
that are not cleared of hazardous weeds during the spring and summer abatement season. The
City contracts with local weed abatement specialists to bring parcels with hazardous conditions
into compliance with the Temecula Municipal Code, The owners of these parcels are billed by
the City to recover the costs of the contractor plus an administrative fee, Property owners are
billed for the forced abatement. If the owners do not respond to the billing request, the City is
required to place a lien on the property to recover the costs,
The lien process requires that a public hearing be held before the City Council to hear
comments from the property owners with respect to the costs proposed to be assessed against
their properties and to confirm those costs. Following the public hearing, the Council must
adopt a Resolution for the Fiscal Year which:
. Confirms the costs incurred by the City in performing the weed abatement work.
. Provides that the actual abatement costs will become a lien upon the properties, and
upon recordation, in the amount of the costs,
. Provides that the Resolution will be transmitted to the Riverside County Treasurer-Tax
Collector so the amounts of the assessments can be entered upon the parcels as they
appear on the assessment rolls and the costs will be collected on the property tax bill.
R:\BROWNS\Codelweed abatement\weed abatement 04-05\Revised weed abatement CC Stafrpt 8-23-05.dac
Staff is requesting Council action for the Fiscal Year 2005-2006. With the Council's positive
action, staff will forward the adopted Resolutions to our consultant for placement with the
Riverside County Treasurer-Tax Collector.
This is the second weed abatement cycle for the 2004-2005 Fiscal Year. We have experienced
several instances where properties have been sold during the typical nine month lag time
between physical abatement and placing of the lien, This lag time has created difficulties for the
new owner that acquired the property after the abatement but before the lien was place, This
second abatement cycle was completed on July 15, 2005 and staff is requesting Council action
in order to assure that the property owner of record during the abatement is aware of the lien,
FISCAL IMPACT: The recording of these liens will enable the City to recover abatement
costs through the County's property tax collection system, The City will recover the line item
budgeted amounts paid out to the weed abatement contractors, further, the City will recover an
administrative fee placed on each parcel that was abated through City contracted abatement
specialists, The City will recover $13,320,00 for the 2005-06 Fiscal Year.
ATTACHMENTS:
Resolution No, 05-_
Exhibit "A" Abatement Charges for the Second Weed Abatement
Cycle, Fiscal Year 2005-2006
R:\BROWNSICode\weed abalementlweed abatement 04-D5\Revised weed abatement CC Slafrpt 8-23-DS.doc
Resolution No, 05-_
Exhibit" A" Abatement Charges For The Second Weed Abatement Cycle
Fiscal Year 2005-2006
R:\BROWNS\Code\weed abalementlweed abatement 04-oS\Revised weed abatement CC Stafrpt 8-23-DS.doc
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING CONFIRMATION OF THE
SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND
WITHIN THE CITY OF TEMECULA FOR THE SECOND
WEED ABATEMENT CYCLE FOR COSTS OF
ABATEMENT AND REMOVAL OF HAZARDOUS
VEGETATION FOR THE FISCAL YEAR 2005-2006
Whereas, Chapter 8,16 of the Temecula Municipal Code provides for expedited abatement
of hazardous vegetation from vacant lots and parcels, and;
Whereas, said abatement of hazardous vegetation has been completed for each of the
parcels as described in the attached list of parcels (Exhibit "A"), at a cost equal to the costs of
abatement and removal of hazardous vegetation on each parcel, and;
Whereas, public hearings were held concerning the cost of abatement of these parcels and
the Council heard all objections of property owners liable to be assessed for the cost of abatement,
and;
Now, Therefore, be it resolved by the City Council of the City of Temecula as follows:
Section 1. All of the recitals herein set forth are true and correct, and the City Council so
finds and determines,
Section 2. The list of parcels and costs of abatement and removal of hazardous
vegetation for each parcel is. hereby reconfirmed and said costs shall constitute special
assessments against the respective parcels of land, and are a lien of said land in the amount of the
respective assessments,
Section 3. A copy of this resolution shall be transmitted to the Treasurer-Tax Collector
who shall enter the amounts of the respective assessments against the respective parcels of land as
they appear in the current assessment roll, and shall collect said assessments at the same time in
the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the
Government Code,
Section 4. That the costs against any parcel of land listed in Exhibit "A" assessed by this
resolution and the lien created thereby shall be deemed discharged and released upon the
payment for said parcel of the property taxes for the tax year above-noted.
R:\BROWNS\Code\weed abatement\weed abatement 04-05\Weed Abatement Reso Second Cycle FY 04..Q5.doc
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this
23rd day of August, 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 ofTemecula
at a regular meeting thereof held on the 23rd day of August, 2005, by the following vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\BROWNS\Code\weed abatement\weed abatement 04-05\Weed Abatement Reso Second Cycle FY 04-05.doc
Resolution No. 05 -
Exhibit "A"
Abatement Charges for the Second Weed Abatement Cycle, Fiscal Year 2005-2006
,,'.,.."........u....."........ .- ~ 10' .<LL
U ...u.u.""......."".".w .W
ParcelNlll1lbern:
909-310-015 CE05-0919 310.00
909-310-017 CE05-0918 290.00
909-370-024 CE05-1196 450.00
909-370-037 CE05-0964 605,00
916-400-022 CE05-1410 600.00
919-043-003 CE05-1167 255.00
919-430-012 CE05-1121 275.00
920-110-005 CE05-1381 380.00
921-112-007 CE05-1315 275.00
921-173-023 CE05-1229 500.00
921-730-004 CE05-1216 345.00
921-730-005 CE05-1217 455.00
921-730-006 CE05-1218 490,00
921-730-007 CE05-1219 390.00
921-730-010 CE05-1223 310,00
921-730-015 CE05-1228 420,00
922-034-018 CE05-0971 230,00
922-062-009 CE05-1437 230.00
922-160-012 CE05-1271 345.00
922-170-012 CE05-1126 345,00
922-170-013 CE05-1128 385.00
922-170-014 CE05-1346 310.00
922-170-015 CE05-1347 345.00
922-190-013 CE05-1468 420.00
922-190-033 CE05-1015 385.00
945-110-013 CE05-1312 310.00
945-160-006 CE05-1093 380.00
957-130-016 CE05-1385 415,00
957-140-007 CE05-1119 345.00
957 -140-011 CE05-1120 345.00
957-170-030 CE05-1129 345.00
957-340-020 CE05-1122 340.00
957-340-024 CE05-0943 325.00
959-010-006 CE05-1195 345.00
959-070-008 CE05-0945 275.00
959-070-011 CE05-0946 275.00
961-010-039 CE05-1251 275.00
961-010-041 CE05-1253 315.00
TOTALS
13,320.00
TOTAL
DEPARTMENTAL
REPORTS
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINAfllcE
CITY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
TO: City ManagerlCity Council
FROM: Jim Domenoe, Chief of POli~/
DATE: August 23,2005
SUBJECT: Monthly Departmental Report
The following report reflects the activity of the Temecula Police Department for the month of
July,
PATROL SERVICES
Overall calls for police service.."".."""..,..,....,..,...".......,..",.........,..,..,",.,..""""""",..,..,.." 3, 173
'Priority One" calls for service ",.."""..,..,.."""..,....,......,..,.,.", ..".,...,..,..",..,..",..,..,..,.."""""", 52
Average response time for 'Priority One" calls ........................................................... 5,3 minutes
VOLUNTEERS
Volunteer administration hours"...."..",..""..,..,....".."""",..,....""..,..", ,..,.,....','....",..,....,..' ,....,90
Community Action Patrol (CAP) hours "..,.."""....""""""""",..""....,....,..,..",....",....,...."..",,224
Reserve officer hours (patrol)....,..,..",...,. ...,....,...."..""....,..,..,..",..""..", ,....,..""....,..,..""""...,20
Total Volunteer hours..,..,..",..,..,..,..,....,....""..,........,....""..,..,..,...."""..".,..""....,..,......,......" 646
CRIME PREVENTIONIGRAFFITI
Crime prevention workshops conducted "",..,........,..,....,.."""..,..,..,.......,.......,...,.,............,.",.... 7
Residential/business security surveys conducted ..,..,..",..,.."""..,..,..",....,..,..,..",..,.......,.."",.010
Businesses visited"..,..,..".."..,....,..,..,..,.."""", ,....,..",..,..,.."""..,.."",..., ,."...,..,.."...........""..,21
Businesses visited for past crime follow-up""..,..,..,..,..",..,..",..,..,..,.,..",.".....,..",..""..,....,..,..,23
Crime prevention articles,..""..",..",..,..,..",..,.., ,....,..,..",..,..",..,..,..,..""""..,..,.."""....,..,..,..,..,.. 1
Total square footage of graffrti removed.....,..,...........,..",...,...,..,.""..,."....,..,..,..,.......,..,..",,6,619
OLD TOWN STOREFRONT
Total customers served""..,..", ,.,....."""..,..,.."...""..,..".".",..,..",..",..."""..,.."""..,..,..,.."".. 253
Sets of fingerprints taken......,..,..""....,.,."..,..,..,..""..",..,..,..,....,..,.."""..,.."""..,..,..",..,..,..,.." 38
Police reports filed... ,....,.....,..",.....",..,..""....,..,..""..,., ,....,..,..",..,..,....,......"",..,..""..",..,..,..,,37
Citations signed off ..,..,.."""....""..,..,..",..",..,.., ,.."" ...""..,.."".. ,.,..",..,..,..,..",..",.."..",..,..,..,..,9
Total receipts..,...."..,....,.....,..",..,..,..........". ,...., ,.."...,....,..,..,..'"..,."..",..,..,..,..",...."..,.. ,., $7,869
POP TEAMS
On-site felony arrests.."""..,..,..",..""..""....,..", ,..,.."""....."",.", ,.""",..",.."."""..,..,...........,....4
On-site misdemeanor arrests............................................................,........,.,...,......,.....,..,..,..,.., ,4
Felony arrest warrants served".."..,..",..., ..."..", ,..,..,..,..""....""..,..",..,..,..,..,..,..,..",..,..,..,..""", 5
Misdemeanor arrest warrants served ..,.".."""",..""""..,..,..,..,.....".,..,..,..,.....,..,..,..,.....".......,...1
Follow-up investigations.."...,.....,..,........,.......".,...,..,...."..,..".,.... .."....."""",....., ,..,.",...,.....,... 19
Co\DocumentsandSet1ing$_Oo<ument8__ _.doc
TRAFFIC
Citations issued for hazardous violations ..............................................................................., 901
D.U,1. arrests.."" ,.,..,..,..,..,..,..,..,..,..,..,..,..""" ,., ,."..,..,..",..""..,...........'.....,..,..,..,..,..,..,.. ,.. ,..,.., 15
D,U,I. checkpoints conducted,..,..,..,..,..,.."""..,.."..,..,..,....""",..,..,..,..,....,..,.."..,..,..""""".."".. 0
Non-hazardous citations,.....".....,......,.............,...,.....,..........,...............",....,..,..,..,..".,....,..""" 69
Stop Light Abuse Program (S,L.A.P,) citations".."..,.."""..""..,.."""..""..,..,..,.."",""..,..""",433
Neighborhood Enforcement Team (N.E.T,) citations ............................................................... 143
Parking citations"""""..""..""..,.."""..,..,..,..,..",...,..",..,..,..,..,..".",..,.......,... ..,..,..'.. ,."..",..,..,76
Injury collisions.....""",..,..,..,.."".......,.....,.........""""..""..,..,.."""..,..",..,..,..,..,...."""""..,....,.., 3
INVESTIGATIONS
Average open cases per detective ,.... ".."""..,..".."""..,..,.,..""..,....."....",....,..,..,..,...",....".' 24,8
Average case closure rate (per Detective) ..............................................................................,2,8
Number of community seminars conducted .....................................,..........................................0
SPECIAL ENFORCEMENT TEAM (SET TEAM)
On-site felony arrests",..........,..........,.....,.....,.......,........"...",............."...... ........,....""..,..,..,....,,0
On-site misdemeanor arrests"..,..",..,..,..", ,....", ,..,..""".."""..,.."""..,..",.."""",..,..",..,.....,.."" 0
Felony arrest warrants served,.."""..,..,..",..,...., ,..,..,...., ,....,....,.."""..,....,..,.."""..,..",..,..,..",..,,0
Misdemeanor arrest warrants served,..,..,.."..".. ,..,..,.."""....""....""....,..,..,..,..""""",..,.."."..." 0
Follow-up investigations"","""',., ,.".",.".., ,..,. .., ,.".".""""".,."..".." ,...,..,... ,., ,.",...",..."""""",,2
lIIecal drucs seized
Marijuana: Approximately 140 Marijuana clones (1" - 2")
PROMENADE MALL TEAM
Calls for service .."""..,..,..,..", ,.,..",..""..,....,....,.."..,..",..,.."""..", ,....,..",..,.."""..,..",..,..,..",.. 70
Felony arresVfilings""""""""""",."""""""""""""""""",.".".""..."".,..",...",.,.."",.,..."",..., ,.6
Misdemeanor arresVfilings......."..,..,..".",.....,.............,..,.."""....,..,..,..",..,....,..,..,..,..",.....""", 16
Vehicle burglaries....,.""."".",..,.. ,."""""..,..",...."",..,..,..",.."""..,..,....", ,.""..,..,..,..,....,.."""..,1
Vehicle thefts"""..,.....,....""...........,....,.....,.. ..",...,..,..,..",.."""",..,.."""",..",..,..,..,..,...."""..".. 1
SCHOOL RESOURCE OFFICERS No Statistics - Summer Break
Felony arrests",..".,.,..,..,..,..",.."" .......,..,..,....,...."..,..,..,..",..",..,..,..,....,..",..""..,..,..", ,..",..,..,.. 0
Misdemeanor arrests.,......,..,...".. ,."",....,..",..",.."..,..,..",..",..,.."""..,....,..,..,..,.."""..""..,....,.., 0
Citations....""".."""""""""""""""""""""" ,."""""., '.' ,....,."""..,. ,."",.""""", ,."", ...""""""",0
Youth counseled"..""""""..", ,..",.. ,.."",'....,.......,......."..,.."". ,."..",.."""..,..""""",..,.."""""",0
Presentations
YOUTH ACCOUNTABILITY TEAM
Orientations delivered to new program members........................................................................5
School visits, ,. ,...""""", ,.""""""""""" ,."""""""""""""",.".,."..,.'".". ,.,.."""""",."""" ,.."", ,4
Home visits"..,.."""..""",..",..,.....,.....,.", ..,..,.."....",..,.."""..",..,.. ,.""",.."""..,...."" ,....,..""",87
C:\Documents and Seltings\Southwest\My Oocumenta\MonthIy AgencIa Reports\luly.doc
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: b,.,~~ William G, Hughes, Director of Public Works/City Engineer
DATE: August23,2005
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 July, 2005,
MOACTRPT
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
Julyl August 2005
Prepared By: Amer Attar
Submitted by: William G. Hughes
Date: August 23, 2005
PROJECTS UNDER CONSTRUCTION
1. Old Town Community Theatre
This project will construct a 20,000 square foot community theater complex and refurbishes the
existing Mercantile Building. Construction started on 3-3-04, Work is progressing on theatrical
lighting & rigging, and interior finishes. Grand Opening is set for October 4, 2005,
2. Pechanga Parkway Phase liB Storm Drain Improvements (Wolf Valley Creek Channel -
Stage 2)
The project ineludes the construction of a grass-lined channel and box culvert crossings from
Loma Linda Road to Deer Hollow Road, All box culverts and inleVoutiet structures are complete,
The concrete channel and rip rap outlet structure from 1,000 feet north of Muirfield Drive to
Temecula Creek is under construction. The project's completion date is scheduled for summer
2005.
3. 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 is complete, The gO-day
landscape maintenance period was initiated April 27, 2005 and it was completed July 27,2005,
4. Jefferson Avenue Pavement Rehabilitation - Phase II
This project will rehabilitate Jefferson Avenue from south of Overland Drive to Rancho California
Road, The design i neludes a complete reconstruction of the road within the project limits. In
addition, problematic driveways will be reconstructed. The project was "substantially completed" on
June 30, 2005. One outstanding item is the CMP work. After exhaustive investigation, the best
alternative appears to be to R&R the damaged section of CMP (approx 35'); however, this may
require removing & replacing a portion of the roadway. This CMP repair work will start and end the
week of 8/22/05,
5, Pechanga Parkway Landscape Improvements
America West Landscape has completed the installation of the irrigation system and landscaping,
The gO-day maintenance period began March 18 and finished June 18, 2005, The contractor has
completed all punch list items, This project is complete.
6, Fire Station - Northeast Site (Roripaugh Ranch)
This project will construct a new fire station in the north part of the City. The first working day was 4-
11-05 and this extends to a completion date in early February of 2006. Work is focused on erection
of wood framing, installation of roof trusses and rough in of electrical and plumbing,
7, 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 tum lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise
Circle. Construction began on 12/6/04, and has been severely delayed by weather. Contract work is
complete, with the exception of some minor concrete (sidewalk, access ramps). Outstanding issues
are some minor masonry block work to be done to accommodate a property owner, an additional
retaining wall on the north side of Winchester to address a grade discrepancy, and the traffic signal
conduit crossing Jefferson St. After much discussion with City Traffic, a revised traffic signal
conductor plan was put together by Traffic, and a price requested of the contractor to perform this
work (installation of conduit and conductors). Price received week of 8/8/05; work anticipated to
begin week of 8/22/05, Project completion is now anticipated by the end of August.
8, Temecula Sports Complex
A new 40+ Acres sports complex will be built at the comer of Pechanga Parkway and Deer Hollow
Way, Bids were opened on September 16, 2004, T he contract was awarded to Douglas E.
Bamhart, Inc, at the September 28, 2004 Council meeting. The contract award amount is
$13,365,055.51. Ongoing and partially completed work includes installation of Musco field lighting,
baseball field backstops, irrigation, parking lot curbs, masonry block buildings, building framing &
roofing, Completed work includes underground electrical, plumbing, site sewer & storm drain, mass
grading, soccer field curbs, basketball courts concrete. Synthetic turf contractor Byrom-Davey
began work on 7/11/05, and has completed installation of drainage systems and preparation of
subgrade at all soccer fields, Field Turf began installation of synthetic turf on 7/26/05 at Soccer
Field #3, and worked for exactly one week before giving notice that, due to scheduling conflicts, they
would be pulling off the job for a period of approx. one month. This will have no impact to either the
tLlrf fields' or the overall project schedule. Field Turf is scheduled to remobilize on 9/6/05, turf
portion of project is scheduled for completion in mid-October; overall project completion is February
'06.
9, Vail Ranch Middle School Basketball Court Lighting
This project will add lights to the basketball courts at Vail Ranch Middle School. The project was bid
successfully the second time with R & M Electrical Contracting being awarded the project on March
8,2005 in the amount of $102,696.00. Work began June 20, 2005; completion was expected by
August 5, 2005. SCE is to provide a meter and an easement is required.
10. Temecula Library
A full service library, approximately 34,000 square feet in area, has been designed and will be built
on Pauba Road, just west of Fire Station #84. The City was successful in obtaining State grant to
aid in funding the $12,000,000 library. The first phase of the grading operation is approximately 90%
complete. The drilling operation for the CIDH piles is scheduled to begin on August 16, 2005,The
retaining walls at the parking area adjacent to Pauba Rd, are under construction, The City has
purchased a web cam for the site and it is scheduled to be operational by the end of August. (Refer
to the Cities Website for more details.)
2
11. 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, This project is partially funded federal
HBRR barrier replacement funds, Construction Authorization was received. Locations are Rainbow
Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek Construction, Bids were
opened July 26, 2005. The construction contract was awarded to RJ Bullard on 8/9/2005 for
$232,780,00,
12. Citywide Concrete Repairs FY2004-2005
The City Council awarded the construction contract on 6/15/05, Construction work began on July 11,
2005 and will be completed on 8/26/05. Several additional locations were added at Maintenance's
request.
13. Bus Bench Upgrades
Under this project, new bus benches and shade structures will be installed at certain stops and
existing benches will be upgraded at various locations. Sutherlin has ordered all bench & shade
structure materials; preliminary delivery is scheduled for mid to late July. Contractor will be
completing concrete pads in advance of material deliveries. Contractor is to resubmit their TCP.
14, Slurry Seal Project - FY 2004/2005
This project will slurry seal the residential streets SW of Pechanga Parkway between Rainbow
Canyon Road and Via Eduardo. Work is scheduled to begin September 1 st.
15, Traffic Signal at Route 79-south and Country Glen Way
A new traffic signal will be installed at SR79 South and County Glen Way, The City Council awarded
the contract to DBX, Inc, on July 12, A pre-construction meeting is being scheduled, It takes
approximately 8 to 12 weeks for the traffic signal poles/mast arms to be ordered and delivered to the
jobsite, It is anticipated that work will commence in September,
PROJECTS BEING ADVERTISED FOR BIDS
1. 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. Bids for Phase 1 are due on 8/24; RFP for soils & materials testing has been issued,
the design consultant is addressing the design development plan check comments and is to
submit 50% Construction Documents in mid September, Various contractors are contacting the
project manager and asking questions about the project. So far 24 set of plans have been
handed out.
2, Pavement Rehabilitation Program - FY 2005/ 2006
This project continues the annual pavement rehabilitation program for City streets, Project scope
3
focuses on Ynez Road, between Rancho California Road and Solana Way. Project is out to bid,
Bid opening scheduled for August 24.
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 recently met with Caltrans (Local
Assistance) and the City's environmental consultant to re-c1assify the Preliminary Environmental
Document (NEPA) of the project to a Categorical Exclusion with required technical studies (involving
Federal action), Local Assistance recommended that the City prepare a project specific traffic study
(2030) for Pechanga Parkway, The City received the traffic study for Pechanga Parkway during the
week of July 11. It is being submitted to Caltrans' Local Assistance for their review. The City's
environmental consultant (Michael Brandman Associates) will use the traffic data to prepare
technical studies (air quality study, natural environment study/minimal impacts study, and section
106 study wi APE map & HPSR) for submittal to Caltrans Local Assistance. Once Caltrans approves
the environmental document (PES), the City can proceed with the acquiring 3 properties along
Pechanga Parkway. When the properties are acquired, the City can then start the construction bid
process.
2, 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. Specifications are under review, Plans were sent to all utilities and utility issues are being
addressed, Work is being coordinated with the library project. RCWD has approved the plans and
provided the City with reproducible documents, The consultant, PDC, is updating the plans to reflect
existing conditions, From the time these plans were originally completed, a number of developments
were constructed along Pauba Road,
3, 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, Updated hydraulic data from the Corps of Engineers and RCFC & WCD may
necessitate a modification to the bridge profile, The consultant is currently preparing 60% design
plans and analyzing the new hydraulic data.
4, Fire Station - Wolf Creek Site
A 9,000 SF fire station will be built at the SE corner of Wolf Valley Road and Wolf Creek Dr. After
including all departments changes and feedback on 5/05, STK Architecture, Inc. will submit 100%
construction plans to PW by Monday 8/15/05. Per Aldo (NPDES Engineer), the 12 storm-ceptors
meet the requirements of a WQMP; however, onsite BMPs are still to be addressed (Le" for
maintenance/wash areas). If necessary, clarifier system(s) can be added to plans during the plan
check process, The official B&S submittal is to occur 8/15/05 & will be reviewed by a consultant.
5. Murrieta Creek Multi Purpose Trail
This project will build portions of the equestrian and bike trails along Murrieta Creek within City
4
limits. The City has received a federal grant of $1 ,214,000, Caltrans (the administrator of the federal
funds) has given the City the "Authorization to Proceed with Preliminary Engineering." The City is
working with Caltrans, US Army Corps of Engineers (USACE) and Riverside County Flood Control
to coordinate the trail design with the Murrieta Creek Improvement project. The signed
Programmatic Categorical Exclusion (approved environmental document) was received from
Caltrans on April 15, 2005, Final Design is underway and the 90% Plans are being reviewed, The
City just received construction authorization from Caltrans.
6, State Route 79 South Medians
Under this project medians will be constructed on Route 79 South within the CityofTemecula limits.
PDC is progressing toward the 90% submittal addressing comments from the City,
7, Guardraillnstaliation 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. Final package for PS&E certification and
Request for Authorization (to construct) was submitted to Caltrans on April 12, 2005. We anticipate
advertisement for construction bids in September,
8. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside)
This project will provide a right turn lane for southbound 1-15 motorists and provide a dual left turn
lane from westbound RCR to southbound Front Street. An MND (CECA) was completed and a
Notice of Determination was filed, 90% plans are being reviewed by CIP, Traffic, and TCSD, In
addition, Caltrans was sent a revised permit application. City Attorney has approved using the
existing slope easement for construction of the new retaining wall. A Caltrans permit and right of
entry documents from Denny's and Union 76 are anticipated over the next month.
9. Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. A meeting was held
with the design consultant, Simon Wong Engineering, on 8/11/05 to determine the steps required to
pursue the project as stand-alone, i.e, independent of the Army Corps of Engineers' flood control
channel project. Outcome of said meeting was to schedule a meeting with Corps and other
regulatory agencies to determine next step; that meeting is tentatively scheduled for 8/24/05.
10, Santa Gertrudis Bicycle/ Trail Undercrossing at Margarita Road
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under
Margarita Road. 30 % plan check comments have been provided to the designer, Consultant is
continuing the environmental review process.
11, Bridge Fencing
Fences will be installed on bridges over 1-15, Proposed fencing locations are the eastbound sides of
the Overland Drive and Rancho California Road bridges over Interstate 15, RFP's were mailed on
8/2/5 and are expected to be returned by 8/16/05 for review/selection,
12, Diaz Road Realignment
Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road,
Business Park Drive will be a T-intersection at Diaz. 95% project design plans have been sent to the
5
utility companies and 95% PS&E has been sent to in-house reviewers. The irrigation and
landscaping is being re-designed to meet the agreement provisions between the City and the
Business Park Association, The City has obtained possession of the properties needed through the
courts, Final settlement is pending,
13. 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, utilities, and mapping are established. This project is currently on hold.
14. Long Canyon Detention Basin - Access Road
This project will construct an access road to the Long Canyon Detention Basin. Plans and
specifications are 90% completed, however winter rains have affected the project conditions and the
scope of work will need to be reevaluated. The City is seeking FEMA funds to remove excess silt.
Project is on hold until FEMA determination is finalized.
15. Pavement Rehabilitation Program - FY 2005/2006
Portions of Diaz Road will be rehabilitated. PS&E is 50% complete, Advertising is anticipated by late
September,
16, Rancho California Median Modifications
This project will modify the median on Rancho California Road just east of 1-15 to accommodate one
more lane of traffic. Project is in preliminary design phase. Project is on hold.
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. Traffic
analysis is complete, Accident data/history has been requested.
Caltrans is reviewing the Traffic Analysis and request for Accident Data, as well as the proposed
Project Schedule, Project Charter, Risk Management Plan, and Project Communication Plan,
Caltrans is also initiating discussions with FHWA for a finding of acceptability with respect to the
Modified Access Report, Alternative 6,
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 Project Report was submitted to Caltrans at the end of June 2005. The PR is under review
by the State, Comments were due back at the end of July. We are following up with Caltrans to get
all the comments, The survey for parcel # 91 0-1 00-01 0 was completed by Applied EarthWorks, That
should conclude the cultural part of the environmental process. Applied EarthWorks will forward the
necessary documents to Caltrans shortly. The survey encroachment permit for the City and EMI
should be ready by next week. M&N presented their Geometric Approval Drawing (GAD) to Caltrans
on 08/04/05, Reps, from Caltrans (freeway ops, constructability, HQ geometrician, ADA coordinator,
design) were present. Ideas and comments were given to M&N, They will revise accordingly and
6
resubmit to Caltrans, I contacted Kathleen Brady @ Bonterra and asked her to prepare a sheet in
excel format to show me the various areas of environmental process that they are working on and
also show dates submitted to Caltrans and dates when comments were returned, She agreed to
prepare the info,
3. French Valley Parkway Interim Southbound Off-Ramp to Jefferson, Auxiliary Lane, and
Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp
- Phase I
The City and Caltrans have agreed that immediate action is required to relieve congestion at the
Winchester Road southbound off-ramp. Caltrans has even agreed to contribute $750,000 to the
construction of an auxiliary lane and widen the bridge over Santa Gertrudis Creek, A southbound
off-ramp to French Valley Parkway will be included in the construction of the improvements at the
Winchester southbound off-ramp provided that all the environmental clearances can be obtained in
time, An amendment to Moffatt & Nichol's contract was approved by City Council at the May 24,
2005 meeting. T he consultant is anticipating submitting the plans f or first plan check at the
beginning of 2006. EMI will do the geotechnical work for the interim project. I applied for survey
encroachment permits from Caltrans for the City and also EMI on 7-21-05, The permits should be
ready by next week,
4. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City
Limits and Diaz Road Extension
The determination of the crossing location is combined with the Diaz Road Extension alignment
study and design, Coordination with the City of Murrieta, 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. Staff has yet to receive
the data. 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 completed a base map
for the Diaz Road extension alignment.
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MEMORANDUM
TO: Bill Hughes, Director of Public Works/City Engineer
FROM: dftIJBrad Buron, Maintenance Superintendent
DATE: August 1, 2005
SUBJECT:
Monthly Activity Report - July, 2005
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of July, 2005:
I. SIGNS
A. Total signs replaced 33
B, Total signs installed 44
C. Total signs repaired 19
II. TREES
A.
Total trees trimmed for sight distance and street sweeping concerns
III. ASPHALT REPAIRS
A,
B,
Total square feet of A. C. repairs
Total Tons
IV. CATCH BASINS
A,
Total catch basins cleaned
V. RIGHT-OF-WAY WEED ABATEMENT
A.
Total square footage for right-of-way abatement
VI. GRAFFITI REMOVAL
A,
B,
Total locations
Total S,F.
VII, STENCILING
A. 271 New and repainted legends
B. 26,196 L.F. of new and repainted red curb and striping
6
5.720
28
285
o
42
6.619
R:\MAINTAIN\MOACTRPT\05.06\..1UL Y.05
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 c1eanings, This is compared to 2L service order requests
for the month of June. 2005.
The Maintenance Crew ha~ also put in 214 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 Julv. 2005 was $36.000.00 compared
to $71.545.00 for the month of June. 2005.
Account No. 5402
Account No, 5401
Account No. 999-5402
$ 12,500.00
$ 23,500.00
$ - 0-
cc: Ron Parks, Deputy Director of Public Works
Ali Moghadam, Senior Engineer (Traffic)
Greg Butler, Senior Engineer (Capital Improvements)
Amer Attar, Senior Engineer (Capital Improvements)
Jenry Alegria, Senior Engineer (Land Development)
R:\MAINTAIN\MOACfRPT\05.C16\JUL Y.05
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STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of July, 2005
DATE DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNELlBRIDGE OF WORK SIZE
CONTRACTOR: BECKER ENGINEERING
Date: 07/15105 JOHN WARNER RETENTION POND CLEAN, RESHAPE AND PLACE RIP-RAP AND
SLURRY
# 5401
TOTAL COST $ 23,500.00
Date: 07120105 LA PRES A ROAD BACKFILL WATER LINE DUE TO EROSION
# 5402 TOTAL COST $ 7,500.00
CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT
Date: 07/05 CITYWIDE TRASH CLEAN-UP, DEBRIS REMOV AL AND
WEED ABATEMENT
# 5402
TOTAL COST $ 5,000.00
Date:
#
TOTAL COST
CONTRACTOR:
Date:
#
TOTAL COST
Date:
#
TOTAL COST
TOTAL COST ACCOUNT #5401 $ 23,500.00
TOTAL COST ACCOUNT #5402 $ 12,500.00
TOTAL COST ACCOUNT #99-5402 $ - 0-
R:\MAINT AIN\MOACTRPT\05.06VUL Y.05
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF JULY, 200S
DATE LOCATION SCOPE OF WORK S.F. TOTAL
TONS
0706/05 6TH STREET AT OLD TOWN FRONT R & R A.C. 90 3.5
07/07/05 SA WGRASS / ALEHZON A.C. OVERLAY 377 3
07111/05 SA WGRASS / ALEHZON A.C. OVERLAY 898 3.5
07112/05 MASTERS AT CLUBHOUSE A.C. OVERLAY 1,010 4
07114/05 VIA LOS PICOS A.C. OVERLAY 1,045 4
07/19/05 SA WGRASS AT PALMETTO A.C. OVERLAY 1,123 4
07/20105 VIA DOS PICOS A.C. OVERLAY 789 3.5
07/26105 31931 VIA SALITO POTHOLE 4 TEMP AC
07/27/05 45613 CLUBHOUSE A.C. OVERLAY 368 2.5
07/28/05 WOLF VALLEY AT REDHAWK PARKWAY POTHOLES 16 TEMP AC
TOTAL S,F. OF REPAIRS 5,720
TOTAL TONS 28
R:\MAINT AINIWKCMPL TDlASPHALT.RPR\05.06\JUL Y.05
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF JULY, 2005
DATE LOCATION WORK COMPLETED
07/05/05 CITYWIDE CLEANED & CHECKED 6 CATCH BASINS
07/06/05 REDHA WK AREA CLEANED & CHECKED 47 CATCH BASINS
07/07/05 REDHAWK AREA CLEANED & CHECKED 31 CATCH BASINS
07111/05 CITYWIDE / REDHA WK CLEANED & CHECKED 17 CATCH BASINS
07112/05 CROWNE HILL AREA CLEANED & CHECKED 3 CATCH BASINS
07/14/05 CITYWIDE CLEANED & CHECKED 5 CATCH BASINS
07/18/05 CITYWIDE CLEANED & CHECKED 9 CATCH BASINS
07/19/05 REDHA WK AREA CLEANED & CHECKED 38 CATCH BASINS
07/20/05 REDHA WK AREA CLEANED & CHECKED 26 CATCH BASINS
07/21/05 REDHAWK AREA CLEANED & CHECKED 23 CATCH BASINS
07/25/05 CITYWIDE CLEANED & CHECKED 6 CATCH BASINS
07/26/05 REDHAWK AREA CLEANED & CHECKED 26 CATCH BASINS
07/27/05 REDHA WK AREA CLEANED & CHECKED 33 CATCH BASINS
07/28/905 REDHA WK AREA CLEANED & CHECKED 15 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED 285
R:\MAINT AIN\WKCMPLETD\CATCHBAS\05.06\JUL Y.OS
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF JULY, 2005
DATE LOCATION WORK COMPLETED
07/0 lI05 28459 FRONT STREET REMOVED 18 S.P OF GRAFFITI
07/0ll05 4TH STREET AT OLD TOWN FRONT STREET REMOVED 5 S.F. OF GRAFFITI
07/05/05 TEMECULA COMMUNITY CENTER PUJOL REMOVED 7 S.F. OF GRAFFITI
07/05/05 I ST STREET BRIDGE REMOVED 272 S.F. OF GRAFFITI
07 /05i05 MARGARITA PARK REMOVED 65 S.F. OF GRAFFITI
07/05/05 TARGET CENTER REMOVED 150 S.F. OF GRAFFITI
07/05/05 DEER HOLLOW AT PECHANGA PARKWAY REMOVED 650 S.F. OF GRAFFITI
07/07/05 BEST WESTERN MOTEL REMOVED 18 S.P OF GRAFFITI
07/08/05 WINCHESTER EAST OF ENTERPRISE CIRCLE REMOVED 60 S.F. OF GRAFFITI
07/llI05 28464 FELIX VALDEZ REMOVED 8 S.F. OF GRAFFITI
07/11/05 TEMECULA COMMUNITY CENTER REMOVED 341 S.F. OF GRAFFITI
07/11/05 BRIDGE AT WINCHESTER REMOVED 257 S,F. OF GRAFFITI
07/12/05 MARGARITA AT PALOMA DEL SOL REMOVED 38 S.F. OF GRAFFITI
07/12/05 BRIDGE AT WINCHESTER REMOVED 910 S.F. OF GRAFFITI
07/14/05 PRIMROSE STREET REMOVED 12 S.P OF GRAFFITI
07/14/05 PECHANGA DRIVE REMOVED 7 S.F. OF GRAFFITI
07/14/05 AMARIT A SOUTH OF SANTIAGO REMOVED 12 S.F. OF GRAFFITI
07/14/05 LA SERENA PARK REMOVED 3 S,P OF GRAFFITI
07/14/05 RANCHO CALIFORNIA ROAD AT JEFFERSON REMOVED 32 S.F. OF GRAFFITI
07/15/05 A VENIDA DE MISSIONES AT HWY 79 SO. REMOVED 39 S.F. OF GRAFFITI
07/18/05 BOYS & GIRLS CLUB PUJOL REMOVED 203 S.P OF GRAFFITI
07/18/05 MAIN AT PUJOL REMOVED 42 S.F. OF GRAFFITI
07/18/05 I ST STREET BRIDGE REMOVED 394 S.F. OF GRAFFITI
R:\MAINT AIN\WKCMPLTDlGRAFRTlVUL Y.05
"
DATE LOCA nON WORK COMPLETED
07/18/05 MAIN STREET AT THEATER REMOVED 20 S.F. OF GRAFFITI
07!l8/05 PUJOL AT I ST STREET REMOVED 778 S.F. OF GRAFFITI
0718/05 42221 MAIN REMOVED 9 S.F. OF GRAFFITI
07/18/05 MAIN STREET BRIDGE REMOVED 90 S.F. OF GRAFFITI
07!l8/O5 FIFTH STREET ALLEY REMOVED 96 S.P. OF GRAFFITI
07!l8/05 SIB 1-15 FWY. AT MAIN REMOVED 408 S.F. OF GRAFFITI
07/18/05 BUTTERFIELD STAGE AT CROWNE HILL REMOVED 4 S.P. OF GRAFFITI
0718/05 TARGET CENTER REMOVED 6 S.P. OF GRAFFITI
07!l8/05 BRIDGE AT NO. GENERAL KEARNEY REMOVED 50 S.F. OF GRAFFITI
07/19/05 1ST STREET BRIDGE REMOVED 15 S.F. OF GRAFFITI
07/20/05 MIRA LOMA AT EDISON EASEMENT REMOVED 945 S.P. OF GRAFFITI
07/21/05 REDHAWK PARKWAY REMOVED 6 S.F. OF GRAFFITI
07122/05 PUJOL STREET AT 1ST REMOVED 540 S.F. OF GRAFFITI
07/25/05 VAIL RANCH PARKWAY AT OVERLAND TRAIL REMOVED 30 S.P. OF GRAFFITI
07/25/05 V AIL RANCH PARKW A Y AT CAMINO RUBONO REMOVED I S.F. OF GRAFFITI
07/26/05 30042 PECHANGA DRIVE REMOVED 60 S.P. OF GRAFFITI
07/26/05 PIO PICO AT MARGARITA REMOVED 10 S.P. OF GRAFFITI
07/26/05 BUTTERFIELD STAGE ROAD 290' W /0 WELTON REMOVED 6 S.F. OF GRAFFITI
07/26/05 VIA CORDOBA AT CORTE BRAVO REMOVED 2 S.F. OF GRAFFITI
TOTAL S.F. GRAFFITI REMOVED 6.619
TOTAL LOCATIONS 42
R:\MAINT AIN\WKCMPLTD\GRAFATI\JUL Y.05
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF JULY, 2005
DATE DATE WORK
REC'D LOCATION REQUEST COMPLETED
07/01/05 MERCEDES AT 2ND STREET DEBRIS REMOVAL 07/01/05
07/01/05 42344 VIA CONSUELO STORM DRAIN PLUGGED 07/01/05
07/05/05 PUJOL DEBRIS REMOVAL 07/05/05
07/05/05 31951 CALLE TIARA TREE REMOVAL 07/05/05
07/06/05 NO. GENERAL KEARNEY AT NICHOLAS DEBRIS REMOVAL 07/06/05
07/06/05 PASEO DEL SOL ALGAE IN GUTTER 07/06/05
07/06/05 43001 CALLE CAMELLIA DEBRIS REMOVAL 07/06/05
07/06/05 44612 ALIGHCHI WAY DEBRIS REMOVAL 07/06/05
07/06/05 YNEZ AT JEDEDIAH SMITH TREE TRIMMING 07/06/05
07/07/05 43105 AGENA STREET DRAIN CLEANING 07/07/05
07/07/05 41325 BILLY JOE LANE POTHOLES 07/07/05
07/07/05 44628 LA PAZ ROAD BURNT TREE 07/07/05
07/07/05 28921 YNEZ ROAD WEED ABATEMENT 07/07/05
07/08/05 45361 TEJON COURT ROOT PRUNING 07/08/05
07/08/05 RIDGEPARK DRIVE AND RANCHO CALIF. RD. S.N.S. MISSING 07/08/05
07/08/05 VIA RAMOS STANDING WATER 07/08/05
07/08/05 30011 VIA VELEZ PLACE TREE REMOVAL 07/08/05
07111/05 45929 VIA LA COLORADA ROOT PRUNING 07/11/05
07/12/05 SHADOW VIEW COURT MISSING R2-25 07112/05
07112/05 HONORS DRIVE UTILITY BOX CONCERN 07112/05
07/12/05 41910 BOREALIS DRIVE TREE CONCERN 07/12/05
07/12/05 30147 VILLA ALTURAS TREE REMOVAL 07/12/05
07/13/05 43520 CORTE LOGRONO ROOT PRUNING 07113/05
07/14/05 VIA LOBO ROAD DEBRIS PICK-UP 07114/05
07114/05 3RD STREET WATER METER COVER MISSING 07/14/05
R:\MAINT AIN\WRKCOMPLTD\SORSI05.06\
DATE DATE WORK
REC'D LOCATION REQUEST COMPLETED
07/14/05 VIA LAS COLIMAS DEBRIS PICK-UP 07114/05
07114/05 27941 JEFFERSON CLOGGED STORM DRAIN 07114105
07/15/05 30682 SOUTHERN CROSS ROAD MAILBOX REPAIR 07115105
07/15/05 MARGARITA AT WINCHESTER OVERGROWN BUSHES 07/15/05
07/15/.05 30261 SANTA CECILIA DRIVE EROSION 07/15/05
07/15/05 30196 MILANO ROAD AC. REPAIR 07115105
07118/05 44077 NORTHGA TE A VENUE TREE TRIMMING 07/18/05
07118105 28145 JEFFERSON WEED ABATEMENT 07/18/05
07/18/05 31479 CALLE LOS PADRES DOWN TREE LIMB 07118105
07/18105 BUTTERFIELD STAGE ROAD AT WELTON OIL SPILL 07118/05
07118/05 39120PALA VISTA ROAD ROAD GRADING 07118105
07/18/05 39130 P ALA VISTA ROAD DEBRIS REMOVAL 07118105
07118/05 39640 DIEGO DRIVE STANDING WATER 07/18/05
07118/05 30581 IRON BARK COURT TREE ROOTS 07/26105
07119/05 31820 CORTE MONTECITO S.N.S. MISSING 07/19/05
07/19/05 31479 CALLE LOS PADRES TREE LIMB DOWN 07119/05
07119/05 30581 IRON BARK COURT ROOT PRUNING 07/19/05
07/19/05 32275 VIA ARIAS SPILL 07119/05
07119/05 43460 RIDGE PARK DRIVE S.N.S. MISSING 07/19/05
07/20/05 30368 VIA CANADA STANDING WATER 07/20/05
07/20105 NO. GENERAL KEARNEY AT NICHOLAS DEBRIS REMOVAL 07/20/05
07/25/05 45539 CALLESITO ALTAR TREE TRIM 07/26/05
07/25/05 PAUBA BTWN. L YNFIELD & MEADOWS PKWY LEANING TREE 07/26/05
07/28/05 PAUBA ROAD EAST OF LA PRIMA VERA TREE BRANCH 07/28105
07/28/05 MARGARITA AT RANCHO CALIFORNIA ROAD CONCRETE REPAIR 07/28/05
07/29/05 44766 CALLE BANUELOS DEBRIS PICK-UP 07/29/05
07/29105 MARGARITA AT WINCHESTER DEBIRS PICK-UP 07/29/05
TOTAL SERVICE ORDER REQUESTS S2
R:\MAINTAIN\WRKCQMPLTD\SORS\OS.06\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF JULY, 2005
DATE LOCATION WORK COMPLETED
07/01/05 CITYWIDE REPAIRED 8 SIGNS
07/06/05 6TH STREET AT OLD TOWN FRONT REPLACED R-[
07/07/05 SARAPHINA INSTALLED 2 R-2-25
07/07/05 OVERLAND AT REDHA WK REPLACED RI-3
07/07/05 PAUBA AT LIBRARY SITE INSTALLED 3 R-26
07/08/05 PAUBA AT LIBRARY SITE INSTALLED 4 R-26
07/11/05 CUPENO AT PEHCANGA P ARKW A Y REPLACED R-18-2
07/12/05 OVERLAND AT COSTCO DRIVE APPROACH REPLACED R-T
07/12/05 SHADOW VIEW AT RUSTIC GLEN REPLACED R-2-25
07/12/05 RIDGE PARK DRIVE AT BUSINESS PARK DRIVE REPLACED R-I
07/12/05 RANCHO CALIFORNIA ROAD AT MORAGA INSTALLED R41-1
07/13/05 CROWNE HILL TRAFFIC S. O. INSTALLED 951-1,354, 9WI6-13, 7WI6A
07/14/05 PECHANGA PARKW A Y REPLACED TYPE N
07/14/05 CROWNE HILL TRAFFIC S.O. INSTALLED 251-1, W-169P, "c" PKGE., 54-3
07/14/05 MONTEZUMA AT DEL RIO REPLACED R-I
07/15/05 MARGARITA AT WINCHESTER REPLACED "K" MARKER, R-7
07/19/05 MARGARITA AT MIDDLE SCHOOL REPLACED 2 DELINEATORS
07/19/05 RANCHO CALIF. ROAD AT BUTTERFIELD STAGE REPLACED 3 DELINEATORS
07/21/05 LA PAZ AT YNEZ REPLACED S.N.S.
07/21/05 PECHANGA PARKWAY AT VIA GlLBERTO REPLACED R-26
07/21/05 RANCHO CALIFORNIA ROAD AT RIDGE PARK REPLACED S.N.S.
07121/05 CITYWIDE REPAIRED 8 SIGNS
,
07/22/05 CITYWIDE REPLACE 5 SIGNS
R;\MAINTAIN\WKCMPLTD\SIGNS\.05J}6\
DATE LOCATION WORK COMPLETED
07/22/05 CITYWIDE REPAIRED I SIGN
07/25/05 MARGARITA AT AVENIDA CIMA DEL SOL REPAIRED I SIGN
07126/05 43247 BROOKW A Y DRIVE INSTALL I SIGN
07/26/05 45159 CORTE PROGRESSO INSTALL I SIGN
07/27/05 CITYWIDE REPAIRED I SIGN
07/22/05 CITYWIDE REPLACED 8 SIGNS
07/28/05 MARGARITA ROAD N/O A VENIDA SONOMA REPLACED I SIGN
"
07/29/05 NIGHTHAWK AT CHANNEL STREET REPLACED R.I
TOTAL SIGNS REPLACED ~
TOTAL SIGNS INSTALLED ~
TOTAL SIGNS REPAIRED 19
R:\MAINTAIN\WKCMPLTD\SIGNS\.OS.06\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS I STRIPING
MONTH OF JULY, 2005
DATE LOCATION WORK COMPLETED
07/01/05 MARGARITA AT RANCHO VISTA REPAINTED 70 LEGENDS
07/06/05 JEFFERSON NIO RANCHO CALIFORNIA ROAD REPAINTED 9,380 L.F. RED CURB
07/07/05 JEFFERSON NIO RANCHO CALIFORNIA ROAD REPAINTED 7,736 L.F. RED CURB
07/07/05 SERAPHINA ROAD AT JON PLACE REPAINTED 4 LEGENDS
07/08/05 AREA #3 REPAINTED 257 L.F. RED CURB
07/11/05 PECHANGA SIO HWY. 79 SO. REPAINTED 56 LEGENDS
07/12/05 MAJOR ARTERIALS REPAINTED 48 LEGENDA
07112/05 MAJOR ARTERIALS REPAINTED 265 L.F. YELLOW CURB
07/13/05 CROWNE HILL REPAINTED 18 LEGENDS
07114/05 FOX AT OLD KENT REPAINTED 4 LEGENDS
07/14/05 PALOMA DEL SOL REPAINTED 1,005 L.F. YELLOW CURB
07/18/05 V AIL RANCH AREA REPAINTED 3,230 L.F. YELLOW CURB
07/19105 YNEZ I RANCHO CALIFORNIA ROAD REPAINTED 1,762 L.F. YELLOW CURB
07/20105 JEFFERSON REPAINTED 1,229 L.F. YELLOW CURB
07/21105 AREA #3 REPAINTED 1,332 L.F. RED CURB
07/25105 AREA #2 REPAINTED 21 LEGENDS
07/26/05 AREA #2 REPAINTED 32 LEGENDS
07/27/05 AREA #2 18 LEGENDS
TOTAL NEW & REPAINTED LEGENDS ---11!
NEW & REPAINTED RED CURB & STRIPING L.F. 26.196
R:\MAlNTAIN\WRKCOMPLTD\STRIPING\05.06\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF JULY, 2005
DATE LOCATION WORK COMPLETED
07/07/05 P AUBA AT LA PRIMA VERA TRIMMED 3 R.O.W. TREES
07/20/05 30876 BARDMOOR TRIMMED 2 R.O.W. TREES
07/28/05 REDHA WK AREA TRIMMED 1 R.O.W. TREES
TOTAL R.O.W. TREES TRIMMED ---.!!
R:\MAINT AIN\WRKCOMPLTD\TREES\OS.()6\
APPROVAL (21,_ _
CITY ATTORNEY !'!/U/tl fj{
DIRECTOR OF FINAN~ '2.--
CITY MANAGER . I
CITY OF TEMECULA
AGENDA REPORT
FROM:
DATE:
City Manager/CrJouncil
Debbie Ubnos~~of Planning
TO:
August 23, 2005
SUBJECT:
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of July.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 2..1 new applications for administrative, other minor cases, and home
occupations including ~ applications for public hearings during the month of July. The new publiC
hearing cases are as follows:
DEVELOPMENT PLAN 2
CONDITIONAL USE PERMITS 2
COMPREHENSIVE SIGN PROGRAM 1
TENTATIVE TRACT MAP 1
VARIANCE 1
HOME PRODUCT REVIEW (SPECIFIC PLAN) 2
Status of Maior Proiects
New Proiects
. Burke Building - A Development Plan application submitted July 19, 2005 for a three story shell
building consisting of approximately 4,156 square feet of retail/commercial on the 1.t floor with
approximately 8,150 square feet on the 2nd and 3rd floor suites for offices. The project is located
at 41955 4th Street. (PA05-0205 - MCCOY)
. Kingdom Hall of Jehovah's Witness Church - A Pre-Application for a Conditional Use Permit to
construct an 11,550 square foot church with two additional detached residential units totaling
1,612 square feet located on Calle Girasol and Riverton. The project was submitted on July 19,
2005 and is currently under review. (PR05-0012 - MCCOY)
R\MONTHL Y,RPT\2005\7-2005 Report.doc
. Brightstart Daycare - A Minor Conditional Use Permit for a large family childcare proposed in a
1,639 square foot home located at 31862 Via Barraza. This project was submitted on July 26,
2005 and is currently under review. (PA05-0213- MCCOY)
. Pujol Condos - A Development Plan to construct 9 multi-family condominium buildings totaling
134,213 square feet on 7.85 acres located on the west side of Pujol Street, approximately 1 ,800
feet south of 1 sl Street. The application was submitted on July 21, 2005 and is currently being
reviewed. (PA05-0208 - FISK)
. Pujol Condos - A Tentative Parcel Map for condominium purposes for a residential
condominium project located approximately 1,800 feet south of 1 sl Street on the west side of
Pujol. The application was submitted on July 7, 2005 and is currently under review. (PA05-
0209 - FISK)
Recentlv Approved Proiects
. 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.
Applicant resubmitted on March 2, 2005. The project went to the May 18, 2005 Planning
Commission but was continued off calendar due to last minute environmental agency concerns.
The project was approved at the July 20, 2005 Planning Commission hearing. (PA04-0621-
DAMKO)
. Madison Lot 6 - A Development Plan submitted on April 14, 2005 for a 23,618 square foot
service commercial building located on the cul-de-sac of Madison Avenue. The project was
approved at the July 20,2005 Planning Commission Hearing. (PA05-0101 - DAMKO)
. Butterfield Ranch - Tentative Tract Map submitted on March 2, 2005 for the subdivision of 7
commercial lots. The project is located on the south east corner of Highway 79 South and
Butterfield Stage Road. The project went to the May 19, 2005 Director's Hearing, but was
continued off calendar due to environmental concerns. The project was approved at the July 20,
2005 Planning Commission hearing. (PA05-0066 - DAMKO)
. Auto Center - A Development Application submitted on April 5, 2005 for a 6,806 square foot
auto service center located on the southwest corner of Commerce Center Drive and Via
Montezuma. This project was approved at the July 14, 2005 Director's Hearing. (PA05-0086-
DAMKO)
. Villa Del Sol Apartments - A Minor Modification to construct a 640 square foot utility/workout
room at an existing apartment complex. The subject property is located at 28566 Pujol Street.
The application was submitted on May 9, 2005. A DRC letter was sent to the applicant on June
8, 2005 and plans were resubmitted on June 27, 2005. Staff administratively approved the
project on July 14, 2005. (PA05-0137 - FISK)
. Dalton" - A Development Plan/Conditional Use Permit application submitted on June 6, 2005
for a 25,000 square foot mixed use retail/multi-family residential building located at 41945 5lh
Street. The project was approved at the July 6,2005 Planning Commission hearing, subject to
Council approval of the proposed building height. The project received final approval from the
City Council July 12, 2005. (PA05-0171 - FISK)
R:\MONTHL Y.RPT\2005\7-2005 Report.doc
2
. Captain's Cabin - An Administrative Minor Modification submitted on June 6,2005 to remove an
existing atrium patio and replace it with wood siding and extension of the existing roof line. The
project is located at 28551 Rancho California Road. A DRC letter was sent out on July 14, 2005.
The project was resubmitted July 21,2005 and was administratively approved August 9,2005.
(PAOS-018S - MCCOY)
. Target- request for a finding of Public Convenience or Necessity to allow the sale of alcohol at
an existing Target retail store. The project is located at 29676 Rancho California Road. This
project was approved by the Planning Commission on July 20, 2005. (PAOS-0199 - MCCOY)
. Legacy Corporate Center - A Development Plan to construct, establish, and operate two
industrial buildings totaling 84,006 square feet and one office building totaling 32,500 square
feet. The applicant submitted plans February 17, 2005. The subject property is located at the
northwest corner of Diaz Road and Remington Ave. A DRC meeting was conducted on March
24, 2005. Revised plans were submitted June 1, 2005. This project was approved at the
August 3, 2005 Planning Commission hearing. (PAOS-OOS3 - PETERS)
. Margarita Village Specific Plan Amendment to change the land use designation from VL 01ery-
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 square feet.
These applications were submitted on June 2, 2004. A DRC meeting was held on July 8, 2005.
The project was resubmitted on 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 was issued on April 28, 2005. This item was recommended for approval
by the Planning Commission at the June 1, 2005 meeting and was approved at the July 26,
2005 City Council meeting. (PA04-0390 - PAPP)
. Update of the Citywide Design Guidelines - Staff 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 completed final screen check was delivered to staff on April 13, 2005. The Planning
Commission recommended that the City Council approve the Updated City-Wide Design
Guidelines on May 4, 2005. This item was adopted by the City Council on August 9, 2005.
(PAPP)
Proiects Under Review
Commercial
. 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. Revised plans were submitted on April 27, 2005. A second DRC meeting was held
with the applicant on June 9, 2005 and a DRC letter was sent to the applicant on June 9, 2005.
Revised plans were submitted on August 2,2005 and are currently being reviewed. (PA04-0S84
-FISK)
. Krieger's Fa~ade and Porch - A Minor Modification to a Development Plan to paint an existing
building and to construct a 528 square foot covered porch along the west side of the building.
The application was submitted on February 22,2005. A DRC meeting was held on March 31,
R\MONTHL Y.RPT\2005\7-2005 Report,doc
3
The application was submitted on February 22,2005. A DRC meeting was held on March 31,
2005 and a DRC letter was sent to the applicant on April 6, 2005. The project was rereviewed at
the May 9,2005 Old Town Local Review Board meeting. The Old Town Local Review Board
requested that the applicant provide additional information and details. Revised plans were
submitted on July 7,2005. Staff determined that information requested by the Old Town Local
Review Board had not been included with the resubmittal. Staff has requested the additional
information and is currently awaiting resubmittal. (PA05-0055 - 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 was held February 24, 2005. A DRC letter was sent to the
applicant on February 28,2005. Plans were resubmitted April 18, 2005. A second comment
letter was sent May 19, 2005. Plans were resubmitted July 18, 2005. This project is tentatively
scheduled for the September 21, 2005 Planning Commission. (PA04-0623 - PETERS)
. 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. A DRC was held on February
17, 2005. A DRC letter was sent on February 18, 2005. A 30 day letter was sent to the
applicant on April 22, 2005. Revised plans were submitted on July 11, 2005 and are currently
being reviewed. (PA04-0622 - FISK)
. County Center Drive Cingular Wireless - A Minor Conditional Use Permitto 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. Revised plans were resubmitted on April 21 ,2005. Public
hearing information was requested from the applicant on April 25, 2005. Conditions of Approval
were requested from other department by May 9, 2005. This project is scheduled for the August
25, 2005 Director's Hearing. (PA04-0600 - DAMKO)
. Calle Cortez - A Development Plan application was submitted on October 1, 2004 to construct
two concrete tilt-up service commercial buildings. Building 1 is 16,954 square feet and building
2 is 15,432 square feet. The project is located on the north side of Calle Cortez, just west of
Jefferson. DRC was held on November 18, 2004. Staff is waiting for applicant response.
(PA04-0544 - DAMKO)
. General Kearney Reservoir Wireless Facility - A Conditional Use permit to replace an existing
non-disguised unmanned wireless monopole with a new 65-foot tall unmanned wireless
monopine with 12 antennas, four-foot diameter microwave dish and associated 336 square foot
equipment shelter and a back-up generator. The subject property is located east of Placer
Lafite and south of Chemin Coutet. The application was submitted on March 1, 2005. Letter
notifying applicant of initial study was sent on March 28, 2005. A DRC meeting was held on
April 21, 2005. Staff is currently awaiting revisions. (PA05-0063 - BALES)
. Creekside Centre Sign Program - To establish and implement a sign program for the Creekside
Centre Shopping plaza. The subject property is located at the southeast corner of Overland
Drive and Nicole Lane. The application was submitted on March 1, 2005. A comments letter
was provided to the applicant on April 8, 2005 and a second copy of the letter was provided to
the applicant on August 2, 2005 and a second copy of the letter was provided to the applicant on
August 2, 2005. Staff continues to await revisions as of July 11, 2005. (PA05-0062 - FISK)
R:\MONTHL Y.RP1\2005\7-2005 Report.doc
4
. Temecula Creek Plaza Sign Program - A Comprehensive Sign Program for seven commercial
/office/retail buildings at the southeast corner of Jedediah Smith Road and Hwy 79 South. The
application was submitted on February 9, 2005. This item is tentatively scheduled to be
presented at the September 21, 2005 Planning Commission meeting. (PA05-0040 - PAPPI
. Rancho Temecula Town Center-A comprehensive sign program for Rancho Temecula Town
Center submitted on February 17, 2005. The subject property is located at the corner of
Winchester and Nicolas. A DRC letter was sent on March 7, 2005. The applicant resubmitted
plans on April 11, 2005. Staff reviewed the revised plans and a meeting to discuss further
changes was held on June 9, 2005. Plans were resubmitted July 1, 2005 and staff is currently
working with applicant on final revisions. (PA05-0052 - PETERS)
. Madison Lot 13 - A Development Plan submitted on April 14, 2005 for a 13,411 square foot
service commercial building located on the southwest corner of Madison Avenue and Buecking
Drive. The project was heard at the July 20th, 2005 Planning Commission Hearing but was
continued to the August 17, 2005 hearing for redesign. (PA05-0100 - DAMKO)
. Industrial Condominiums of Temecula - A Development Plan to construct three light industrial
buildings totaling 85,900 square feet on 5.5 acres located on the north side of Remington
Avenue, approximately 550 feet west of Diaz Road. The project was submitted on April 27,
2005. A DRC letter was sent to the applicant on June 3, 2005. Revised plans were submitted
on June 21, 2005. The project will be scheduled for a Planning Commission hearing upon
completion of review. (PA05-0127 - FISK)
. Temecula Glass Company - A Development Plan to construct an 11,271 square foot
commercial building on .987 acres located at 41755 Enterprise Circle. The application was
submitted on April 12, 2005. A DRC meeting was held on May 19, 2005. A DRC letter was sent
on May 20, 2005. Revised plans were submitted on July 29, 2005. Staff is currently reviewing
revised plans. (PA05-0105 - BALES)
. Nextel at Haz-It Markit - A Conditional Use Permit application submitted on May 24, 2005 for a
wireless telecommunications facility consisting of 12 antennas on a mono-palm and an 11 x20"
equipment building. A DRC letter was sent to the applicant on June 29, 2005. Staff is currently
awaiting submittal of revised plans. (PA05-0157 - FISK)
. Red Hawk Car Wash and Tire Store - A Development Plan and a Conditional Use Permit
submitted on June 8, 2005 for 3 buildings totaling 8,354 square feet used for a self-serve car
wash and tire store. The project is located on the northeast corner of Margarita Road and
DePortola Road. A DRC meeting is scheduled for August 18, 2005 with the applicant. (PA05-
0172 - DAMKO)
. The Emporium- A Minor Modification submitted on June 8, 2005 to improve fac;:ades on the
existing building located at 42050 Main Street. Improvements include replacement of existing,
and failing pedestrian walkway canopy and to construct a new entry feature. This project is
scheduled for the July 12, 2005 pre-DRC Meeting. A DRC was held on August 4, 2005 and a
DRC letter was sent on August 10, 2005. Staff is waiting for resubmillal. (PA05-0174- MCCOY)
. The Stage Stop ATM Shack - A Minor Modification submitted on June 10, 2005 for the
construction of an auxiliary structure intended to house weekend/event vendors and a 24 hour
ATM. The project is located at 28464 Old Town Front Street. This project is scheduled for the
July 12, 2005 Pre-DRC meeting. A DRC meeting was held on August 4, 2005 and a DRC letter
was sent on August 10, 2005. Staff is waiting for resubmittal. (PA05-0178 - MCCOY)
R:\MONTHL Y.RPT\2005\7-2005 Report.doc
5
. Grainger will call - A Conditional Use Permit submitted on June 13, 2005 to operate a will call
center for package pick up in an existing building. The project is located at 41625 Enterprise
Circle South. This project was resubmitted July 27,2005 and is currently under review. (PA05-
0181-MCCOY)
. Butterfield Ranch Self-Storage - A Development Plan submitted June 19, 2005 for a 127,572
square foot self storage building located on the southeast corner of Highway 79 South and
Butterfield Stage Road. A DRC meeting is scheduled for August 25, 2005 with the applicant.
(PA05-0152 - DAMKO)
Subdivisions
. 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. MSHCP
requirements were recently addressed and staff anticipates scheduling the application for a
September Planning Commission hearing. (PA04-0539 - FISK)
. Temeku Clubhouse - A Tentative Parcel Map submitted on May 24, 2005 to subdivide 3 lots
located at the south intersection of Temeku Drive and Cantebury Court. A Pre-DRC was held
on June 14, 2005. Project is scheduled for the August 11,2005 Director's Hearing. (PA05-0156
- DAMKO)
. 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 was held February 10, 2005. A DRC
letter was sent on February 10, 2005. On June 30, 2005 Staff requested additional information
to complete an Initial Study for this project. A DRC meeting was held August 4, 2005. (PA05-
0004 - PETERS)
Industrial
. 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 May 9, 2005. (PA04-0543 - DAMKO)
. Temecula Corporate Center - Tentative Parcel Map to create two common lots consisting of
6.24 and 9.13 acres with 17 condominium units on the north and south side of Via Industria, and
a Development Plan to construct 17 office, flex-tech, and industrial buildings totaling
approximately 250,440 square feet. The application was submitted February 8, 2005 and a
DRC meeting was held March 17, 2005. Revised plans were submitted June 6, 2005. A DRC
meeting was held on June 23, 2005. A DRC comment letter was sent on June 27, 2005.
Revised plans were resubmitted July 18, 2005. This project is tentatively scheduled for the
September 21, 2005 Planning Commission meeting. (PA05-0036, PA05-0037 - PETERS)
. Winchester Gilcrest - A Development Plan submitted on April 5, 2005 for a total of 55,956
square feet of industrial office /warehouse space in 3 one story buildings. The project is located
on the south side of Winchester Road, west of Diaz Road. A DRC was scheduled for May 12,
2005. A DRC letter was mailed on May 17, 2005. Waiting for applicant response. (PA05-0096
- DAMKO)
R:\MONTHL Y.RPT\2005\7-2005 Report.doc
6
. Plaza Rio Vista - A Development Plan submitted to construct a 19,650 square foot office
building on .99 acres to be located at the corner of Black Deer Loop and Diaz Road. The
application was submitted on May 10, 2005. The Pre-DRC meeting was held on June 23,2005.
Staff is currently awaiting revised plans. (PA05-0139 - BALES)
Mixed Use/Residential
. Naron Pacific Tentative Tract Map 30434 and Planned Development - A proposal for a zone
change from L-1 to PD~ 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 CAD has made a recommendation on policy for the Chaparral Area allowing )1,-
acre lots if it does not increase the "net" density. A PD~ was submitted on March 25, 2004.
Staff met with applicant in April to discuss grading issues and begin preparation of an Initial
Study. An environmental constraint map was submitted on February 9, 2005. Staff met with the
applicant on March 22, 2005 to discuss grading impacts and received revised plans and
constraints map. A letter was mailed to the applicant on April 7, 2005 informing him that the
submitted plans are not adequate, the project is still considered incomplete, and additional
information is still required in order to proceed with processing. Staff met internally on April 8,
2005 to discuss General Plan update. A letter was sent to the applicant on April 13, 2005 to
explain City Council decision not to modify Chaparral Policy, therefore project plans must be
revised to adhere to existing policies within General Plan. Staff is currently awaiting submittal of
revised plans. (PA02-0204, PA02-0193 - PAPP/KITZEROW)
. Wolf Creek Motorcourts-A Home product Review and a Tentative Tract Mapto subdivide 14.1
acres into 6 common lots with 113 residential units in a motor court design. The application was
submitted February 7,2005. A DRC meeting was held March 10, 2005. Revised plans were
submitted June 6, 2005. Staff is currently reviewing the resubmittal. (PA05-0034 - PETERS)
. Redwood at Wolf Creek - A Home Product Review submitted on April 13, 2005 for 159 single
family homes located in Planning Area 22 of the Wolf Creek Specific Plan. Four floor plans with
3 elevations each are proposed, ranging in size from 3299 square feet to 4495 square feet. A
DRC letter was mailed to the applicant on May 4, 2005. Staff transmitted a resubmittal on July
11, 2005. Comments are due on July 25, 2005. Staff is working with the applicant on final
revisions prior to scheduling for a Director's Hearing. (PA05-0113 - PETERS)
. La Vasani TPM - A Tentative parcel Map to subdivide 4.96 acres into 2 parcels located at
30854 Lolita Road. This project was submitted on February 23, 2005. A DRC letter was sent
out on March 21, 2005. Applicant resubmitted on August 9, 2005. Staff is currently reviewing
this project. (PA05-0025 - DAMKO)
. 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. A third DRC letter was provided to the applicant on April 8, 2005. Revised
plans were received on August 2,2005 and are currently being reviewed. (PA03-0552 - FISK)
. 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
R:\MONTHL Y,RPT\2005\7-2005 Report.doc
7
held with the applicant on October 21, 2004. Plan revisions were submitted on March 3, 2005.
Staff provided revision comments to the applicant on March 31, 2005. Staff is currently working
on an Initial Study. (PA04-0496 - DAMKO)
. Green Courts at 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. A DRC Meeting was held on February 24, 2005. The project was resubmitted on April
19, 2005. A second Pre-DRC meeting was held on May 10, 2005. A DRC comment letter was
sent on May 13, 2005. Plans were resubmitted July 18, 2005. Staff is working with the applicant
on final revisions prior to scheduling a Planning Commission hearing. (PA05-0009 & PA05-
0010 - PETERS)
. Cottonwood at Wolf Creek -A Home Product Review for the architectural design and placement
of 133 single family residences within Planning Area 20 of the Wolf Creek Specific Plan Area.
The project was submitted on March 21, 2005. A DRC letter was mailed to the applicant on
April 22, 2005. The applicant resubmitted on June 24, 2005. Comments are due July 15, 2005.
Staff is working with the applicant on final revisions prior to scheduling for a Director's Hearing.
(PA05-0084 - PETERS)
. Gallery Reserve - A Home Product Review submitted on June 30, 2005 for 15 single family
residences located on the north side of Santiago Road and Margarita Road. A DRC meeting is
scheduled for August 18, 2005. (PA05-0201 - DAMKO)
. Marquis at Wolf Creek - Major Modification to craftsman style home plans in the Marquis home
product in Wolf Creek. Plans were submitted on June 6, 2005. A Pre-DRC meeting was held
on June 14, 2005. A comment letter was sent on June 28, 2005. This product is scheduled for
the August 25,2005 Director's Hearing. (PA05-0169 - PETERS)
. Wolf Creek South Half Perimeter Wall Plans - Perimeter wall plans for the south half of Wolf
Creek bounded by Wolf Valley Road to the north, the Sports Park to the south, Redhawk to the
east, and Pechanga Parkway to the west. Plans were submitted on June 3, 2005. This project
is under review and a Pre-DRC was held on June 28, 2005. A comment letter was sent on June
30,2005. Plans were resubmitted July 18, 2005. (PA05-0339 - PETERS)
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 December 9, 2004. The applicant contacted staff on
February 22, 2005 stating that the proposed site for co-location was already occupied by another
carrier and that revised plans must be submitted for location on another structure on the project
site. Revised plans were submitted on June 29, 2005. A DRC letter was sent to the applicant
on August 4, 2005. Staff is currently awaiting the submittal of revised plans. (PA04-0529-
FISK)
. Temecula Faith Center - A Minor Conditional Use Permit submitted on April 14, 2005 for
Temecula Faith Center to locate in an existing industrial building located at 42266 Remington
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Avenue. The total church square footage proposed is 8607 square feet, which represents an
addition of a 500 square foot mezzanine. Staff is currently awaiting submittal of a parking
analysis from the applicant. A DRC letter was sent to the applicant on May 11, 2005. Staff is
currently awaiting the submittal of revised plans. (PA05-0114 - FISK)
. Margarita Crossings - A Sign Program for the proposed Margarita Crossings Shopping Center
located at the southwest corner of Margarita Road and Overland Drive. The application was
submitted on March 1, 2005. A DRC letter was sent on March 28, 2005 and staff met with the
applicant to review the DRC comments on April 22, 2005. The applicant submitted a revised
sign program on July 1, 2005. Staff anticipates scheduling the sign program for a September
Planning Commission hearing. (PA05-0064 - FISK)
. Rancho Baptist Church Monopole - A Conditional Use Permit application to construct an 80'
foot monopole antenna facility with shelter on the northwest corner of the Rancho Baptist
Church property, located at 29775 Santiago Road, APN 922-130-017. The application was
submitted on November 9, 2004. Staff has completed a preliminary review, and the application
was forwarded to the City's newly hired telecommunications consultant for review. Comments
were mailed May 6, 2005. Staff is awaiting revised plans. (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. Staff has received 3rd party review comments. Staff has postponed
scheduling the project for a Planning Commission hearing at the applicant's request and
anticipates scheduling the application for a September Planning Commission hearing. (PA04-
0285 - FISK)
. Meadowview Golf Course - Conditional Use Permit and Development Plan to design and
construct a public golf course and driving range within the Meadowview Community. The
focused EIR requires modification. Staff provided an EIR comment letter to applicant the week
of June 7, 2004. Staff is currently waiting for the revised EIR. (PA01-0375 - PETERS)
. Verizon Wireless Telecommunication -A Conditional Use Permit for a 60-foot high mono-pine
within the Rancho California Water District Headquarters facility. Staff has informed the
applicant that the proposed mono-pole is not an acceptable design for the area. The applicant
indicated alternative sites would not be feasible; however, on November 10, 2003, they offered
to look at alternative sites and designs. The applicant resubmitted on May 10, 2004. Staff met
with the applicant on August 19, 2004 to discuss design alternatives. The applicant is
continuing to cooperate with staff to develop an agreeable design solution. On September 16,
2004 the applicant submitted design concepts that were not supported by staff. There has been
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)
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. 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 South, 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. This project went to the Planning
Commission on April 6, 2005. The Planning Commission recommended that staff prepare an
EIR for this project. P&D Consulting is preparing a Focused EIR. (PA04-0462,PA04-0463-
PAPP)
. 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's Hearing was held on September 9, 2004 where it was re-directed to
Planning Commission due to environmental concerns expressed by neighboring property
owners. An Initial Study is being prepared to consider aesthetic impacts. The applicant has
been notified that a Negative Declaration will be prepared. 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. This item is tentatively scheduled for Planning Commission on
September 21, 2005 pending submittal of revised plans and noticing package. (PA04-0264-
PAPPI
. 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. Comments from the City's consultant for 3rd party review were
received on March 20, 2005. A DRC letter was sent to the applicant on March 30, 2005. A new
management company recently contacted staff, requesting that the application not be closed.
Staff is currently awaiting the submittal of revised plans. (PA04-0566 - FISK)
. Wolf Creek Private Recreation Facility - An Administrative Development Plan for the Wolf Creek
Private Recreation Center including an administrative building, pool, volleyball court, play area,
and grounds located at Wolf Creek Drive approximately 1,000 feet south of Wolf Creek Road
and the Fire station property. Plans for this project were submitted on June 8, 2005. This
project is under review and a Pre-DRC meeting was held on June 21,2005. A comment letter
was sent on June 23, 2005. Plans were resubmitted July 18, 2005. (PAOS-0144 - PETERS)
Small Business Assistance
T emecula Olive Oil Company - Staff is working with the owner of this Old Town business to develop
an outdoor dining area for this existing retail building on Old Town Front Street. (PA05-0221-
NOLAND)
Special Event Permits
. 2005 Fourth of July Parade - A Temporary Use Permit was completed for this Old Town Front
Street event that took place on July 4, 2005. Staff coordinated comments from all concerned
City departments. (PAOS-0163 - NOLAND)
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. 2005 Temecula Valley International Jazz Festival- Staff is helping the Temecula Community
Services Department with an application for a Temporary Use Permit for this event that will take
place on July 16, 2005. (PA05-0194 - MCCOY)
. Madlin's Coffee House - Staff is helping applicant Bill Gould with a Temporary Use Permit for
live entertainment events to take place every Friday, Saturday, and Sunday through July 2006.
(PA05-0211- MCCOY)
. 2005 Hot Summer Nights - Staff is helping the Redevelopment Department with an application
for a Temporary Use Permitforthis event that will take place on July 8,15,22,29 and August 5,
12, 19; and, Main Street Summer Nights to be held in Old Town on July 16, August 20 and
September 17 2005. ((PA05-0190 - MCCOY)
. 2005 Fall Car Show-Staff is working with P & R Productions to help them with their Temporary
Use Permittor this Old Town eventthat will take place on October 7 and 8, 2005. (PA05-0227-
NOLAND)
Special Proiects & Lana 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:
. Old Town Specific Plan Amendment - Staff is finalizing the draft amendment to the Old Town
Specific Plan to expand the protection for historic structures in the City, as well as make a
number of other clarifications related to signage and mixed use projects within the Old Town
Area. Public hearings are expected to be held later this summer. (HOGAN)
. Comprehensive General Plan Update - The City Council has approved the General Planupdate
and staff is working with the consultant to finalize the General Plan documents. (HOGAN)
. Consistency Rezoning - The initial General Plan Consistency Ordinance to amend the Official
Zoning Map and the Development Code is scheduled to go back to the Planning Commission
and City Council in July, 2005.
. Public Transportation Master Plan - The City Council has identified a number of items that
should be considered in the development of the Master Plan. Staff has started the process of
developing a scope of work to begin soliciting proposals. (HOGAN)
. Mixed Use Development Standards - Staff has started the development process for Mixed Use
Development Standards by reviewing existing projects and guidelines. This is expected to result
in a recommended approach for areas of the City that are designated for Mixed Use
development. (WEST)
. Santa Margarita River Watershed Planning Project - Staff members from the Planning and
Public Works Departments are participating in the process. Since the completion of the
contract, the County of San Diego has indicated a need to continue the process behind the
State funding for the initial draft of the Watershed Management Plan, however; no meetings
have yet been scheduled. (HOGAN)
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. Roripaugh Estates Specific Plan Amendment - Staff is proposing to amend the Roripaugh
Estates Specific Plan to resolve commercial zoning issues and existing land uses A draft
Specific Plan has been developed. Staff is preparing to undertake a similar process with the
Rancho Highlands Specific Plan. (PA97-0443 - WEST)
. 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.
. 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.
. Development Code Clean-Up Amendment - Staff is proposing a clean-up amendment to the
Development Code for grammatical corrections and clarification. A public hearing was set for
June 15, 2005, however; staff identified additional changes that needed to be incorporated into
the 2005 Development Code clean-up. As a result, the Planning Commission will continue this
item off-calendar. (PA05-0041 - WEST)
. 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.
. 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.
. City - Project environmental reviews and permitting:
o Overland Drive Extension - Staff reviewed 2nd submittal of the Draft Initial Study I Mitigated
Negative Declaration and has provided comments to Public Works. No resubmiUal to date.
o Diaz Road General Plan Level Improvements - Staff has prepared an Initial Study to
determine the impacts of constructing ultimate improvements on Diaz Road. Staff is
recommending that a Negative Declaration be prepared, the scheduling of this item for the
City Council will be coordinated with Public Works Department. (EA107 - PAPP)
o 1-151 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 Auto Mall I Rancho Way Grading - The nighttime grading and negative declaration were
approved by the City Council on July 26, 2005. The actual grading activities are expected to
start in August 2005. (EA-121 - HOGAN)
o NPDES, Water Quality Management Plan - Staff determined that the adoption of the
ordinance requiring certain development project to prepare a Water Quality Management
Plan is exempt from CEQA review. Staff prepared a Notice of Exemption pursuant to CEQA
guidelines on June 28,2005 (EA122 - WEST)
o Diaz Road Pavement Rehab - The proposed project will rehab the pavement on Diaz Road
between Rancho California Road and Winchester Road. Staff prepared a Notice of
Exemption pursuant to CEQA guidelines on June 29,2005. (EA123 - WEST)
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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 to determine that the
project is consistent with the Comprehensive General Plan Update. (PAPPI
. 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 at the southeast corner of Nicolas Road and Via Lobo. Pre-DRC was
held on July 8, 2004 and DRC was held on July 15, 2004. Based upon issues raised at DRC
and clarified in a follow-up 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. (PAPPI
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