HomeMy WebLinkAbout062607 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JUNE 26, 2007 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:00 P.M. - Closed Session of the City Council pursuant to Government Code
Section:
1. Public Employee Performance Evaluation of the incumbent for the City
Manager pursuant to Government Code Sections 54957 and 54957.6.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: 07-08
Resolution: 07-52
CALL TO ORDER:
Mayor Chuck Washington
Prelude Music:
Josh and Kevin Miyamoto
Invocation:
Pastor Wells of Mountain View Community Church
Flag Salute:
Mayor Pro Tern Naggar
ROLL CALL:
Comerchero, Edwards, Naggar, Roberts, Washington
PRESENTA TIONS/PROCLAMA TIONS
Jazz Month Proclamation
Certificate of Achievement to Trevor Enerinq for beinq a Motor Officer for a Dav
Federal Leqislation Update
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 minute (5) time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Resolution aoorovinq List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
2
3 Minutes
RECOMMENDATION:
3.1 Approve the minutes of May 22, 2007.
4 Purchasinq Authorization for Temoorarv Staffinq over $30k for FY 07/08
RECOMMENDATION:
4.1 Approve the purchasing authorization of the following for temporary staffing during
FY 07/08:
1. AppleOne, for an annual amount of $165,000
2. Manpower, for an annual amount of $110,000
3. Kimco, for an annual amount of $55,000
4. TriStaff, for an annual amount of $55,000
5 Printer Tonerllnk Cartridqe Purchase
RECOMMENDATION:
5.1 Authorize the purchase of Printer Tonerllnk cartridges for the total amount of
$40,000 from GCS Supplies, which includes shipping and applicable sales tax.
6 AccelalPermits Plus Maintenance Ameement
RECOMMENDATION:
6.1 Authorize the purchase of the annual maintenance support agreement for the
following AccelalPermits Plus Applications: Permits Plus Base, Client Server,
Workflow, and Wireless Modules, for the total amount of $34,713.99.
7 Eden Software Suooort Ameement
RECOMMENDATION:
7.1 Approve the purchase of annual Financials and Payroll Software Support from Eden
Systems, Inc., for the Fiscal Year 2007/08 for the total amount of $32,570.31;
7.2 Authorize the City Manager to approve the contingency amount of $3,257.03, which
is equal to 10% of the contract amount.
8 Accept the Grant Deed for Wolf Creek Linear Park South
RECOMMENDATION:
8.1 Authorize acceptance of the Grant Deed for the Wolf Creek Linear Park South,
located in the Wolf Creek development and direct staff to proceed with the
necessary actions to cause the deed to be recorded.
3
9 Amendment NO.4 to License Ameement with Safe Alternatives for Evervone !SAF.E.)
RECOMMENDATION:
9.1 Approve Amendment NO.4 to the License Agreement with Safe Alternatives for
Everyone (SAFE).
10 Amendment NO.5 to Ameement with LPA. Inc. for Architectural Services - Temecula Public
Librarv Proiect No. PWOO-07
RECOMMENDATION:
10.1 Approve Amendment NO.5 to the Agreement with LPA, Inc. in an amount not to
exceed $18,848 to provide necessary construction support services to complete the
Temecula Public Library.
11 Arts Council of Temecula Vallev Soecial Event Communitv Grant Ameement
RECOMMENDATION:
11.1 Approve a Special Event Community Grant Agreement between the City of
Temecula and the Arts Council of Temecula Valley (Arts Council) in the amount of
$20,000.
12 Ameement for Parkinq Citation Processinq
RECOMMENDATION:
12.1 Approve the Professional Services Agreement between the City of Temecula and
Data Ticket, Inc. for Parking Citation Processing in the amount of $7,000 for fiscal
year 2006-07, and $45,000 for fiscal year 2007-08, for a total amount of $52,000.
13 Acceptance of Ynez Road Bridpe Wideninq over Santa Gertrudis Creek into the Citv-
Maintained Svstem as Dart of the Harveston II CFD No. 03-06
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ACCEPTING THE YNEZ ROAD BRIDGE WIDENING OVER
SANTA GERTRUDIS CREEK INTO THE CITY-MAINTAINED SYSTEM AS PART
OF THE HARVESTON II CFD NO. 03-06
14 Acceptance of certain Public Streets into the Citv-Maintained System within Tract Map Nos.
23143-7 and 23143-9 !located at the intersection of Crowne Hill Drive and Roval Crest
Place - within the Crowne Hill Subdivision)
4
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NOS. 23143-7 AND 23143-9)
15 Authorize Temoorarv Street Closure of Old Town Front Street between Moreno Road and
2nd Street: Main Street from Bridqe to Old Town Front Street: 2nd Street: 3rd Street: 4th
l3treet: 5th Street: 6th Street: and Mercedes Street between Moreno Road and 2nd Street
for the "Star Soanqled 4th of Julv Parade" and Deleqate Authoritv to Issue Soecial
EventslStreet Closures Permit to the Director of Public Works
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT
STREET BETWEEN MORENO ROAD AND 2ND STREET; MAIN STREET FROM
THE BRIDGE TO OLD TOWN FRONT STREET; 2ND STREET; 3RD STREET;
4TH STREET; 5TH STREET; 6TH STREET; AND MERCEDES STREET
BETWEEN MORENO ROAD AND 2ND STREET FOR THE "STAR SPANGLED
4TH OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET
CLOSURES
16 Authorize Temoorarv Street Closure of Pauba Road between Mamarita Road and Showalter
Road for the "Julv 4th. 2007 Fireworks Show" and Deleqate Authoritv to Issue Soecial
EventslStreet Closures Permit to Director of Public Works
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN
MARGARITA ROAD AND SHOWALTER ROAD FOR THE "JULY 4TH 2007,
FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKSICITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
5
17 Authorize Temporarv Street Closure of a oortion of Main Street on Julv 14th. 2007 for the
"Temecula Vallev International Jazz Festival" and Deleqate Authoritv to Issue a Soecial
EventslStreet Closures Permit to the Director of Public Works
RECOMMENDATION:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING TEMPORARY STREET CLOSURE OF A PORTION OF MAIN
STREET ON JULY 14TH, 2007 FOR THE "TEMECULA VALLEY
INTERNATIONAL JAZZ FESTIVAL" EVENT AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT
INCLUDING STREET CLOSURES
18 Professional Consultant Services for Siqninq and Strioinq Imorovements - Various Locations
for FY06-07
RECOMMENDATION:
18.1 Approve the professional consultant services agreement with ME Incorporated in
the amount of $64,830.00 to provide Citywide Signing and Striping Improvements at
various locations for Fiscal Year 2006-2007 and authorize the Mayor to execute the
agreement.
19 First Amendment to Professional Services Ameement for Landscaoe Plan Check and
Inspection Services for Various Capital Improvement Proiects for FY2007-2008
RECOMMENDATION:
19.1 Approve the First Amendment with Community Works Design Group in the amount
of $60,000.00 to provide as needed landscape plan check and inspection services
for Fiscal Year 2007-2008.
20 .Second Amendment to a Professional Services Ameement. Maintenance Facilitv Field
Ooerations Center - Phase II. Proiect No. PW03-06
RECOMMENDATION:
20.1 Approve the Second Amendment to the Agreement with MTGL, Inc., for
geotechnical and material testing and special inspections, in an amount not to
exceed $10,234.75 for the Maintenance Facility Field Operations Center - Phase II,
Project No. PW03-06, and authorize the Mayor to execute the Amendment.
21 Second Amendment to Construction Contract for Fiscal Year 2007-2008 Citvwide Street
Strioinq Promam - Proiect No. PW05-02
RECOMMENDATION:
6
21.1 Approve the Second Amendment to the Construction Contract with Pacific Striping,
Inc. for Fiscal Year 2007-2008 Citywide Street Striping, Project No. PW05-02 for an
amount of $250,000.00 and authorize the Mayor to execute the amendment.
22 Fifth Amendment to Contract Ameement for On-Call Traffic Siqnal Maintenance Services for
Fiscal Year 2007-2008
RECOMMENDATION:
22.1 Approve the Fifth Amendment to the Contract Agreement with Republic ITS
(formerly Republic Electric) to perform additional On-Call Traffic Signal Maintenance
Services and traffic related projects for Fiscal Year 2007-2008, for an amount not to
exceed $50,000.00, extend the contract term to June 30, 2008 and authorize the
Mayor to execute the agreement.
23 Fifth Amendment for Consultant Services for French Vallev Parkwavllnterstate 15 Over-
Crossinq and Interchanqe Improvements - Proiect No. PW02-11
RECOMMENDATION:
23.1 Approve the Fifth Amendment to the consultant agreement with Moffatt & Nichol
Engineers in an amount not to exceed $169,000.00 for additional services
necessary to complete the Project Report and Environmental Document for the
French Valley Parkway I Interstate 15 Over-Crossing and Interchange
Improvements - Project No. PW02-11; and authorize the Mayor to execute the
amendment to the agreement.
24 Comoletion and Acceotance of the Temecula Librarv - Proiect No. PWOO-07
RECOMMENDATION:
24.1 Accept the construction of the Temecula Library, Project No. PWOO-07 as complete;
24.2 Release the Performance Bond and accept a one year Maintenance Bond in the
amount of 10% of the contract amount;
24.3 Release the Materials and Labor Bond seven months after filing the Notice of
Completion if no liens have been filed.
25.Second Readinq of Ordinance No. 07-07
RECOMMENDATION:
25.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTIONS 3.28.130, 3.28.250, AND 3.28.290 OF THE TEMECULA
7
MUNICIPAL CODE CONCERNING PURCHASES OF SUPPLIES AND
EQUIPMENT TO BE MADE BY FORMAL BID ABOVE A MINIMUM AMOUNT TO
BE SET BY CITY COUNCIL RESOLUTION
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CSD 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.
CSD CONSENT CALENDAR
26 Minutes
RECOMMENDATION:
26.1 Approve the minutes of June 12, 2007.
27 Arts Council Communitv Grant Ameement
RECOMMENDATION:
27.1 Approve the Community Grant Agreement between the Temecula Community
Services District (TCSD) and the Arts Council of Temecula Valley in the amount of
$40,000 for FY 2007/08.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
TEMECULA REDEVELOPMENT AGENCY MEETING
8
RDA 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.
RDA CONSENT CALENDAR
28 Minutes
RECOMMENDATION:
28.1 Approve the minutes of June 12, 2007.
29 Old Town Billboard Lease Ameement
RECOMMENDATION:
29.1 Approve a $44,410 Lease Agreement with Lamar Advertising Company for the Old
Town Billboard.
30 Ameement between Melodv's Ad Works and the Redevelooment Aqencv for FY 2007-08
RECOMMENDATION:
30.1 Approve an agreement with Melody's Ad Works in the amount of $33,000 for
promoting and marketing Special Events in Old Town.
RDA DEPARTMENTAL REPORT
31 Redevelooment Deoartmental Monthlv Reoort
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
g
TPFA CONSENT CALENDAR
32 Minutes
RECOMMENDATION:
32.1 Approve the minutes of March 6, 2007;
32.2 Approve the minutes of May 22, 2007.
TPFA BUSINESS
33 Communitv Facilities District No. 2003-03 !wolf Creek) Initiation of Action Necessarv to
Foreclose Delinquent Soecial Tax Liens
RECOMMENDATION:
33.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 07-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC
FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS
INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY
TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS
AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES
DISTRICT 03-03 (WOLF CREEK)
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.
COUNCIL BUSINESS
34 Planninq Commission Aooointments
RECOMMENDATION:
34.1 Appoint two applicants to serve full three-year terms on the Planning Commission
through June 15, 2010.
DEPARTMENTAL REPORTS
10
35 Citv Council TravellConference Reoort - Mav 2007
36 Public Works Deoartment Monthlv Reoort
37 Planninq Deoartment Monthlv Reoort
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, July 10, 2007, at 5:30 P.M., for a Closed
Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business
Park Drive, Temecula, California.
11
PROCLAMA TIONS
AND
PRESENTATIONS
The City of Temecula
PROCLAMATION
WHEREAS, The Temecula Valley International Jazz Festival is celebrated every July in the City of Temecula;
and
WHEREAS, jazz music, with its roots deeply planted in American Gospel and Blues Music, is recognized as one
of the very few True American Art Forms; and
WHEREAS, the American Art form called Jazz Music is celebrated arOlmd the world for its intellectual study
and practice of improvisation, counter point, and syncopated rhythms in music; and
WHEREAS, the City of Temecula has put its name on the roadmap of American Jazz Festivals that honors the
history and importance of American Jazz Music as an art form; and
NOW, THEREFORE, I, Chuck Washington, on behalf of the City COlmcil of the City of Temecula, hereby
proclaim July, 2007, to be
"Jazz Month"
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal ofthe City of Temecula to
be affixed this 26'h day of June, 2007.
Chuck Washington, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula would like to recognize:
Trevor Enering
as
Motor Officer for a Day
We are excited to help make your wish come true!
IN WITNESS WHEREOF, I have hereunto affixed
my hand and officiat seat this 26h day of June, 2007.
Chuck Washiogton, Mayor
Susan W. Jones, MMC, City Cterk
CONSENT CALENDAR
I~-- .
,
II
ITEM NO.1
II
,
II
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.
.
I
I
II
II
__. . I
I~-- .
,
II
ITEM NO.2
II
,
II
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I
I
II
II
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Approvals
City Attorney
Director of Finance
City Manager
V
/112.
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
June 26, 2007
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Accounting Manager
Jada Yonker, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and
approval by the City Council on a routine basis at each City Council meeting. The attached claims
represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies and
procedures.
ATTACHMENTS:
Resolution
List of Demands
RESOLUTION NO. 07-
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 HEREBY RESOLVE
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, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $2,013,598.42.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of June , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of June, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
06/07/2007 TOTAL CHECK RUN: $ 464,456.92
06/14/2007 TOTAL CHECK RUN: 1,073,399.49
06/14/2007 TOTAL PAYROLL RUN: 475,742.01
TOTAL LIST OF DEMANDS FOR 06/26/07 COUNCIL MEETING: $ 2,013,598.42
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 766,063.1 0
165 RDA LOWiMOD - 20% SET ASIDE 18,567.57
190 TEMECULA COMMUNITY SERVICES DISTRICT 342,155.33
192 TCSD SERVICE LEVEL B 133.72
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 90,050.47
194 TCSD SERVICE LEVEL D 931.71
195 TCSD SERVICE LEVEL R 2,030.00
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 9,254.65
197 TEMECULA LIBRARY FUND 12,677.40
210 CAPITAL IMPROVEMENT PROJECTS FUND 149,795.00
280 REDEVELOPMENT AGENCY - CIP PROJECT 16,517.51
300 INSURANCE FUND 10,175.68
320 INFORMATION SYSTEMS 91,291.7 5
330 SUPPORT SERVICES 8,897.78
340 FACILITIES 19,314.74
$ 1,537,856.41
001 GENERAL FUND $ 308,367.23
165 RDA LOWiMOD - 20% SET ASIDE 5,115.21
190 TEMECULA COMMUNITY SERVICES DISTRICT 111,341.02
192 TCSD SERVICE LEVEL B 113.84
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,156.22
194 TCSD SERVICE LEVEL D 836.07
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 563.62
280 REDEVELOPMENT AGENCY - CIP PROJECT 3,548.19
300 INSURANCE FUND 1,242.95
320 INFORMATION SYSTEMS 27,591.7 4
330 SUPPORT SERVICES 3,240.97
340 FACILITIES 8,624.95
475,742.01
TOTAL BY FUND: $ 2,013,598.42
apChklst Final Check List Page: 1
06/0712007 2:19:59PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
116329 06/04/2007 010615 FLYNN, JESSE Release Claims Agreement Pymt 5,000.00 5,000.00
116330 06/07/2007 004594 2 HOT ACTIVEWEAR uniform patch work: PO volunteers 88.36
uniform patch work: PO volunteers 25.86 114.22
116331 06/07/2007 011084 A PLUS COURT REPORTERS Refund: Deposit TCC 5/4 379.04 379.04
116332 06/07/2007 011069 ALEXANDER, TAMRA Refund:Ahraya-Kinder Kitchen 5.00 5.00
116333 06/07/2007 008279 AMERICOMP IN FOSYSTEMS INC SAVCE License/Maint: Library 3,675.00
Voyager barcode scanner:Library 1,456.78
Symbol MC50 equip: Info Sys 1,222.96 6,354.74
116334 06/07/2007 001323 ARROWHEAD WATER INC May bottled wtr svcs: City Hall 615.79
May bottled wtr svcs: Maint Fac 382.32
May bottled wtr svcs: CRC 66.09
May bottled wtr svcs: Library 54.25
May bottled wtr svcs: Theater 50.60
May bottled wtr svcs: City Hall 42.01
May bottled wtr svcs: Ch Museum 36.51
May bottled wtr svcs: TV Museum 32.88
May bottled wtr svcs: TCC 10.65
May bottled wtr svcs: Skate Park 8.61 1,299.71
116335 06/07/2007 003376 ARTS COUNCIL, THE Compleat Works ofW.Shakespeare 4,983.65 4,983.65
116336 06/07/2007 010164 BALLET STUDIO INC, THE Theater Prod: Sleeping Beauty 9,194.17 9,194.17
116337 06/07/2007 003466 BASKET & BAllOONS TOO! trade show gift baskets: Econ Dev 68.44 68.44
116338 06/07/2007 009127 BOCA SYSTEMS INC ticket printing svcs: Theater 2,163.40 2,163.40
116339 06/07/2007 003138 CAL MAT PW patch truck materials 1,137.07 1,137.07
116340 06/07/2007 007146 CALIFORNIA SENSOR CORP misc maint supplies: lake park 439.13 439.13
116341 06/07/2007 005373 CHINIAEFF, DENNIS Meal Reimb:APA Conf:4/13-17:Phil 93.06 93.06
116342 06/07/2007 005417 CINTAS FIRST AID & SAFETY first aid supplies: recreation pgms 600.16 600.16
Page:1
apChklst Final Check List Page: 2
06/0712007 2:19:59PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116343 06/07/2007 001264 COSTCO WHOLESALE hydration packs/Sony camera:Fire 387.78
misc supplies: summer pgrms 318.12
misc supplies: youth film festival 210.73 916.63
116344 06/07/2007 010650 CRAFTSMENT PLUMBING & restroom repairs/install: Old Town 2,100.00 2,100.00
HVACINC
116345 06/07/2007 008810 CROSSTOWN ELECTRICAL & rel.retentionTrafMonitor Sys PWD5-D5 12,844.30 12,844.30
DATA
116346 06/07/2007 001233 DANS FEED & SEED INC Maint supplies: PWfTCSD 1,084.85 1,084.85
116347 06/07/2007 011070 DENNEY, TRACY Refund:Josh-Amazing Chefs 5.00 5.00
116348 06/07/2007 003945 DIAMOND ENVIRONMENTAL restroom rentals: Western Days 497.66 497.66
SRVCS
116349 06/07/2007 011071 DIMMICK, PAMELA Refund:Nicole-Kinder Kitchen 5.00 5.00
116350 06/07/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 2,173.10
INC
Fuel for City vehicles: PW Maint 1,354.39
Fuel for City vehicles: Planning 693.09
Fuel for City vehicles: PW lnd Dv 681.93
Fuel for City vehicles: B&S 546.09
Fuel for City vehicles: PWCIP 214.92
Fuel for City vehicles: PWTraffic 161.68
Fuel for City vehicles: Police 118.15 5,943.35
116351 06/07/2007 008532 DREAMSHAPERS EntertainmentWestern Days 450.00 450.00
116352 06/07/2007 007530 EASTMAN, WENDY M. TCSD instructor earnings 1,350.00 1,350.00
116353 06/07/2007 011 072 ENNIS, BARBARA Refund: CPR Class 30.00 30.00
116354 06/07/2007 011073 ESPIRITU, ABIGAIL Refund: Picnic-Meadows Park 84.00 84.00
116355 06/07/2007 000165 FEDERAL EXPRESS INC 5/9-5/15 express mail svcs 170.63
5/16-5/22 express mail svcs 49.14 219.77
116356 06/07/2007 009484 FIRST AMERICAN REAL ESTATE lot book real estate svcs:pw 200.00
lot book real estate svcs: PW 200.00
lot book real estate svcs: PW 50.00 450.00
Page2
apChkLst Final Check List Page: 3
06/0712007 2:19:59PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116357 06/07/2007 003347 FIRST BANKCARD CENTER
SHARP ELECTRONICS CORP. GY Sharp projector repairs:Council C. 1,466.52
LEAGUE OF CALIF CITIES RR Regist:07 Ann'l Conf:7/25-28 470.00
LEAGUE OF CALIF CITIES JC Regist:07 Ann'l Conf:7/25-28 470.00
HILTON RR Hotel:NLC steering:5/1G-13 450.10
EXCALlBUR HOTEL/CASINO GY Hotel:lnterop Cf:5/19-22:Thorson 306.29
HGV DEP-CONF HOTEL JC Hotel:07 Ann'l Conf:7/25-28 184.21
RESERVATION
DOUBLETREE HOTEL GY Meal!l-ltl:IPMA Wstr Cf:5/9-10:Yates 163.57
CLAIM JUMPER RESTAURANT GY Refreshments: Recognition lunch 161.81
SOUTHWEST AIRLINES RR Airiare::6/27/07 139.30
CALIF BUILDING OFFICIALS GY CALBO Ad:B&S Director 120.00
SOUTHWEST AIRLINES RR Airiare:LCC Annl Conf:7/25-28 117.30
SOUTHWEST AIRLINES JC Airiare:07 Ann'l Conf:7125-28 117.30
ENTERPRISE RENT A CAR INC GY Car Rental:IPMA Cf:5/9-10:Yates 116.39
PRESTOS GY Refreshments:Eden Training 93.78
ONTARIO AIRPORT RR Prkg:NLC steering:5/1G-13 60.00
SISTER CITIES INTERNATIONAL GY Membership Fees 50.00
LINDBERGH PARKING SAN GY Arpt Prkg:IPMA Wstr Cf:5/9-10:Yates 42.00
DIEGO
CELLULARCITYCOM INC DU cellular phone accessories 30.09
2CHECKOUT.COM INC GY Computer screen cleaner 29.95
US AIRWAYS GY Airiare:IPMA Wstr Cf:5/9-10Yates 25.00
SWING INN CAFE GY Refreshment:Orientation mtg 16.55
YARD HOUSE GY Meal:IPMA Wstr Cf:5/9-10:Yates 15.28
ONTARIO AIRPORT RR Prkg:RCTC Mtg:Sacramento:5/7 15.00
HMS HOST - INT'L AIRPORT GY Meal:IPMA Wstr Cf:5/9-10:Yates 11.33
MCI RR Prkg:MetroLink Board Mtg 10.00
TRAVELOCITY.COM JC Airiare ticket fees 8.50 4,690.27
116358 06/07/2007 011074 FRIENDS OF THE FALLBROOK Refund:overpymt Imagination wkshp 7.00 7.00
Page:3
apChkLst Final Check List Page: 4
06/0712007 2:19:59PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116359 06/07/2007 007831 FRIENDS OF THE TEMECULA FY 06/07 Comm Svc Funding Grant 500.00 500.00
116360 06/07/2007 010326 G E 10NICS INC Tank Exchng Osmosis Washer:Fire 58.88
Maint Fee Osmosis Washer:Rre 50.00
01 Tanks Osmosis Washer:Fire 21.55 130.43
116361 06/07/2007 011075 GARCIA, MARCELA Refund:Security Dep MPSC 6/23 150.00 150.00
116362 06/07/2007 011076 GONZALEZ, CYNTHIA Refund:Kaleb-Creative Beginnings 251.00 251.00
116363 06/07/2007 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 133.00
CLUB
TCSD instructor earnings 87.50
TCSD instructor earnings 70.00
TCSD instructor earnings 66.50
TCSD instructor earnings 63.00
TCSD instructor earnings 52.50 472.50
116364 06/07/2007 007371 HARVESTON, LLC Refund: Eminent Domain Deposits 7,200.39 7,200.39
116365 06/07/2007 006250 HAZ MAT TRANS INC Hazardous Waste Disposal: PW 1,240.44 1,240.44
116366 06/07/2007 004811 HEWLETT PACKARD Server & Switch Upgrade:City Hall 10,859.44
2-HP 2400 docking stns:lnfoSys 366.35 11,225.79
116367 06/07/2007 011 077 HIATT, MICHELLE Refund: Makala-Amazing Chefs 5.00 5.00
116368 06/07/2007 001158 HOLIDAY INN Safety Conf:S.Dakin/D.Fulcher 292.80 292.80
116369 06/07/2007 006713 INTEGRATED MEDIA SYSTEMS Audio/visual equip reconfig:Library 3,443.77 3,443.77
116370 06/07/2007 011078 JINES, TERESA Refund: Alexis-Creative Beginnings 25.00
Refund: Ashley-Amazing Chefs 5.00 30.00
116371 06/07/2007 011079 JOHNSON, SARINA Refund: children-Kinder Kitchen 15.00 15.00
116372 06/07/2007 001091 KEYSER MARSTON ASSOCIATES Mar real estate appraisals:RDA 1,462.50
INC
Apr real estate appraisals:RDA 597.50 2,060.00
116373 06/07/2007 011080 KINGSTON, MIKE Refund: Jamie-Lifeguard Training 130.00 130.00
Page:4
apChklst Final Check List Page: 5
06/0712007 2:19:59PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116374 06/07/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 280.00
TCSD instructor earnings 220.50
TCSD instructor earnings 143.50 644.00
116375 06/07/2007 011081 LEONE, CATHY Refund: Cecilia-Tennis 60.00 60.00
116376 06/07/2007 010656 LEUSCHEN, AI DEE TCSD Instructor Earnings 210.00 210.00
116377 06/07/2007 011082 LEVINTER, KRISTIN Refund: Rochelle-Kinder Kitchen 5.00 5.00
116378 06/07/2007 011083 LOPEZ, MARIA Refund: Ashley-Amazing Chefs 5.00 5.00
116379 06/07/2007 005090 LOS RANCHITOS HOME, Property dues: APN 922-140-010 100.00 100.00
OWNERS ASSOC.
116380 06/07/2007 003782 MAIN STREET SIGNS misc sign supplies:public works 3,394.23 3,394.23
116381 06/07/2007 010981 MALMARK INC Choir Chimes:High Hopes Pgrm 1,693.74 1,693.74
116382 06/07/2007 010979 MEDIA STOP Video production:every 15 min pgrm 3,040.00 3,040.00
116383 06/07/2007 006571 MELODY'S AD WORKS Street Painting Festival mrktg srvcs 3,000.00
Reimb Exp: Western Days 151.00
credit:amt exceeds agreement -85.00 3,066.00
116384 06/07/2007 007210 MIDORI GARDENS install mulch: Harveston lake Prk 1,077.00
Idscp maint:Vail Ranch PkfTem.Crk Prk 662.00
irrigation repairs:var. City Parks 557.48
irrigation repairs:City Park 4/11/07 422.78
irrigation repairs:PBSP 336.13
plants to prev.erosion:Tem.Crk Prk 240.00
irrigation repairs:Veterans Park 215.18 3,510.57
116385 06/07/2007 007669 MILES, KATRINA TCSD Instructor Earnings 231.00
TCSD Instructor Earnings 171.50
TCSD Instructor Earnings 122.50 525.00
116386 06/07/2007 008091 MILLMORE'S WAA CREW City vehicle detailing:PW Depts 100.00
City vehicle detailing:Planning 20.00 120.00
116387 06/07/2007 001384 MINUTEMAN PRESS business cards:K.Menzimer/C.Adkisson 86.74
Business Cards:T.PoIlock 43.37
Business Cards:Rudy Shabec 43.37
business cards:J. Dickey 43.37 216.85
PageS
apChkLst Final Check List Page: 6
06/0712007 2:19:59PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116388 06/07/2007 001868 MIYAMOTO-JURKOSKY, SUSAN page turning services 6/1/07 70.00 70.00
A.
116389 06/07/2007 011087 MOARN, PHYLLIS refund:Sr Excursion/San Juan 5/16/07 25.00 25.00
116390 06/07/2007 004534 MOBILE SATELLITE VENTURES 5/14-6/13 EOC Stn Satellite Phone Svcs 72.92 72.92
LP
116391 06/07/2007 004586 MOORE FENCE COMPANY Res ImplY Prgm:Litaker, G. & J. 4,000.00 4,000.00
116392 06/07/2007 001986 MUZAK -SOUTHERN CALIFORNIA Jun sound system svcs:Old Twn 69.11 69.11
116393 06/07/2007 002925 NAPA AUTO PARTS repair/maint supplies:Paramedics 86.99
repair/maint supplies:Paramedics 71.77 158.76
116394 06/07/2007 011088 NELSON, SHERI refund:amazing chefs 1003.105 5.00 5.00
116395 06/07/2007 010504 NEXTEL COMMUNICATIONS CElPR/Police cell phone usage/equip 1,768.50 1,768.50
116396 06/07/2007 002037 NEXUS INTEGRATION SERVICES Cisco Router Maint:lnfo Sys 1,374.77 1,374.77
116397 06/07/2007 002100 OBJECT RADIANCE INC TCSD Instructor Earnings 84.00 84.00
116398 06/07/2007 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:PoIice Mall 414.53
DIV
credit:items returned/Police Mall -33.83 380.70
116399 06/07/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 955.43
City Vehicle Repair/Maint SVcs 687.25
City Vehicle Repair/Maint SVcs 185.60
City Vehicle Repair/Maint SVcs 134.95
City Vehicle Repair/Maint SVcs 93.69
City Vehicle Repair/Maint SVcs 93.69
City Vehicle Repair/Maint SVcs 34.27 2,184.88
116400 06/07/2007 009694 ONSTAGE MUSICALS Rodgers & Hammerstein prod 6/2-3/07 9,695.91 9,695.91
116401 06/07/2007 004389 OUT OF THE ORDINARY Finance team building 6/13/07 1,400.00 1,400.00
116402 06/07/2007 002800 PACIFIC STRIPING INC City Street Striping Pgrm:Public Works 125,006.46
striping removals:Pauba,R.V.,Meadows 30,704.95 155,711.41
Page:6
apChkLst Final Check List Page: 7
06/0712007 2:19:59PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116403 06/07/2007 006939 PAINT CONNECTION, THE Res ImplY Prgm: J.& M. Labarrie 2,875.00
Res ImplY Prgm: M. Thomsen 2,100.00 4,975.00
116404 06/07/2007 003419 PARTIDA, LAUREN FY 02/03 CFO 88-12 Reimbursement 192.48 192.48
116405 06/07/2007 002099 PASCOE MANAGEMENT LLP Jun Old Town Restroom Lease 826.00 826.00
116406 06/07/2007 004805 PEACOCK ENTERPRISES INC Computer Printers Ink Cartridges 456.86 456.86
116407 06/07/2007 011089 PEN ERA, BETHANY refund:creative beginnings 1115.106 25.00 25.00
116408 06/07/2007 009796 PERVO PAINT COMPANY paint supplies:public works maint 8,134.05
paint supplies:public works maint 1,499.24 9,633.29
116409 06/07/2007 000249 PETTY CASH Petty Cash Reimbursement 164.42 164.42
116410 06/07/2007 007484 PHILIPS MEDICAL SYSTEMS INC CPR Supplies: CPR Pgrm 203.65 203.65
116411 06/07/2007 007771 PPSN CORPORATION refund :sec.depositlAm phitheater 1/9/07 150.00 150.00
116412 06/07/2007 007056 PREMIERE PACKAGING Copy paper supplies:Central Services 4,655.66 4,655.66
INDUSTRIES
116413 06/07/2007 005075 PRUDENTIAL OVERALL SUPPLY Apr uniform/fir mts/twl rentals:City 1,268.16
credit:delivery/environ.fees not per -32.00 1,236.16
116414 06/07/2007 009066 RADAR SHOP INC, THE (12) radar gun maintlrepair:Police 672.00 672.00
116415 06/07/2007 002612 RADIO SHACK INC 2-0ecibal meters: Fire inspection 116.33 116.33
116416 06/07/2007 002654 RANCHO FORD LINCOLN City vehicle repair/maint:PW 822.18 822.18
MERCURY
116417 06/07/2007 003761 RANCHO METALS & SUPPLY metal supplies:C. Museum 106.67 106.67
Page:?
apChkLst Final Check List Page: 8
06/0712007 2:19:59PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116418 06/07/2007 004584 REGENCY LIGHTING electrical supplies:Theater 689.43
electrical supplies:City Hall 280.96
electrical supplies:Theater/City Hall 256.21
electrical supplies:West \/\ling/C. Mus. 136.35
electrical supplies:Library 107.13
electrical supplies:TCCfT. Museum 107.13
electrical supplies:Theater 105.77
electrical supplies:Library 89.45
electrical supplies:Library 54.42
electrical supplies:City Hall 51.40
electrical supplies:C. Museum 39.49
electrical supplies:C. Museum 15.84
credit:items returnedfTheater -85.98
crdit:items returned/Park Sites -498.02 1,349.58
116419 06/07/2007 011085 REIDFERGUSON, DENISE refund:sec.depositlroom rental CRC 355.00 355.00
116420 06/07/2007 003591 RENES COMMERCIAL weed abatement svcs:Meadowview Comm 25,000.00
MANAGEMENT
weed spraying:City owned lotslR-O-Ws 8,750.00 33,750.00
116421 06/07/2007 004498 REPUBLIC INTELLIGENT furnlinstall equipmentHope/Rancho 3,745.00
furn/shipped (50) cabinet filters:PW 162.50
(2) spanner wrenches:PW 76.18 3,983.68
116422 06/07/2007 000353 RIVERSIDE CO AUDITOR March 07 parking citation 15,099.38 15,099.38
116423 06/07/2007 001592 RIVERSIDE CO INFO Apr em erg radio rental:Police 1,906.45 1,906.45
TECHNOLOGY
116424 06/07/2007 000406 RIVERSIDE CO SHERIFFS DEPT April 2007: Booking svcs 20,307.51 20,307.51
116425 06/07/2007 001365 RIVERSIDE COUNTY OF Jan-Mar '07 vector control svcs 1,466.32
Jan-Mar '07 add'l vector control chrgs 9.18 1,475.50
116426 06/07/2007 008818 ROTARY CLUB OF TEMECULA Community Service Grant Funding 400.00 400.00
116427 06/07/2007 004598 S T KARCHITECTURE INC May Dsgn Svcs:W.C. Fire Stn 3,727.50 3,727.50
116428 06/07/2007 005329 SAFE ALTERNATIVE FOR Community Service Grant Funding 4,000.00 4,000.00
EVERYONE
116429 06/07/2007 000524 SAFETYLlNE INC (2) safety vests:public works 3/29 61.89
(2) safety vests:public works 4/18 61.89 123.78
Page:8
apChkLst Final Check List Page: 9
06/0712007 2:19:59PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116430 06/07/2007 008214 SALAZAR, RICHARD A. FY 04/05 CFD 88-12 Reimbursement 214.96
FY 05/06 CFD 88-12 Reimbursement 183.86 398.82
116431 06/07/2007 010089 SECURITAS SECURITY SRVCS 5/4-10/07 security srvcs:Fire Stn 95 1,334.43 1,334.43
USA
116432 06/07/2007 010745 SHERWIN WilLIAMS painting supplies:Harveston Lk Prk 35.82 35.82
116433 06/07/2007 004609 SHREDFORCE INC May doc. shredding svcs:P.D. Mall Stn 24.00
May doc.shredding svcs:CRC 22.50 46.50
116434 06/07/2007 009746 SIGNS BY TOMORROW Banners:Spring Egg Hunt 1,758.01
Hrs Of Operation Signs:Dog Park 57.37 1,815.38
116435 06/07/2007 008455 SMITH, ALISON refund:Crafty Kids 1006.105 5.00 5.00
116436 06/07/2007 000537 SO CALIF EDISON May 2-28-629-0507 Library 6,357.12
May 2-00-397-5042 City Hall 6,071.74
May 2-27-805-3194 Theater 3,112.93
May 2-29-223-8607 Old Twn PED 1,674.46
May 2-02-502-8077 Maint Fac 1,511.82
May 2-00-397-5067 various mtrs 1,468.25
May 2-20-798-3248 C. Museum 937.14
May 2-20-817-9929 Police aT Stn 267.54
May 2-29-295-3510 Wolf Vlly 75.03
May 2-14-204-1615 Front St Rdio 51.50
May 2-27-371-8494 Offsite Storage 22.37
Jun 2-28-583-2937 Hwy-79 PED 17.59 21,567.49
116437 06/07/2007 001212 SO CALIF GAS COMPANY May 091-085-1632-0 T.E.S. Pool 1,500.71 1,500.71
116438 06/07/2007 000519 SOUTH COUNTY PEST CONTROL May pest control svcs:City Facilities 802.00
INC
pest control srvcs:Corte Algele 94.00
pest control srvcs:Meadows Pkwy 94.00
pest control services:Duck Pond 84.00
pest control services:Fire Stn 84 80.00
pest control services:Fire Stn 92 42.00 1,196.00
116439 06/07/2007 010972 SPORTS FACILITIES GROUP INC baseball scoreboard @ PBSP 3,750.00 3,750.00
116440 06/07/2007 005786 SPRINT 0535451531-7 Acct Level Chrgs 31.42 31.42
116441 06/07/2007 008337 STAPLES BUSINESS mise office supplies:cultural arts pgnn 94.61 94.61
ADVANTAGE
Page:9
apChkLst Final Check List Page: 10
06/0712007 2:19:59PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116442 06/07/2007 006145 STENO SOLUTIONS May Transcription Svcs:Police 1,136.96 1,136.96
TRANSCRIPTION
116443 06/07/2007 003840 STRONGS PAINTING Painting SrvcsTCC 6,800.00 6,800.00
116444 06/07/2007 010215 T & T JANITORIAL May Janitorial Srvcs:Library 4,080.00
May janitorial srvcs:C. Museum 912.00
May janitorial srvcs:T.Museum 864.00
May janitorial srvcs:MPSC 737.76
May janitorial srvcsTCC 708.00 7,301.76
116445 06/07/2007 000305 TARGET BANK BUS CARD SRVCS misc. supplies: Library 656.35
misc. supplies: Library 362.51
misc. office supplies:PW 168.61
supplies/equip for Library 118.50
Cultural Arts Recreation Supplies 106.43
misc supplies:aquatics pgrm 70.93
misc supplies:Park Rangers 32.31
credit:items returned:library -22.61 1,493.03
116446 06/07/2007 001035 TEMECULA ENVIRONMENTAL Trash Bins:Bluegrass Festival 3/18-19/07 238.23 238.23
116447 06/07/2007 010848 TEMECULA PLANTSCAPE May lease interior plants:Library 400.00 400.00
116448 06/07/2007 005318 TEMECULA PLAY & LEARN refund:sec.depositlpicnic shelter 150.00 150.00
SCHOOL
116449 06/07/2007 000311 TEMECULA VALLEY HIGH refund:sec.depositfTCC 5/24/07 150.00 150.00
SCHOOL
116450 06/07/2007 003067 TEMECULA VALLEY R V SERVICE repair/maint svcs:Police Trailer 982.86 982.86
116451 06/07/2007 004274 TEMECULA VALLEY SECURITY Locksmith services:City Hall 95.00 95.00
CENTR
116452 06/07/2007 011090 TEMECULA VALLEY Shuttle For Grand Opening:Library 12/14 1,170.00 1,170.00
TRANSPORTATION
116453 06/07/2007 006918 THORSON, TIM Reimb:lnterop Cf:5/19-22:LasVegas 794.78 794.78
116454 06/07/2007 010705 TIBBITTS, YVONNE refund:Crafty kids 1006.104 5.00 5.00
116455 06/07/2007 010276 TIME WARNER CABLE June 07 high speed internet CW 54.95 54.95
Page:10
apChkLst Final Check List Page: 11
06/0712007 2:19:59PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116456 06/07/2007 002452 TOP LINE INDUSTRIAL equip parts/supplies:PW Maint 57.90
equip parts/supplies:PW Maint 30.01
equip parts/supplies:PW Maint 4.01 91.92
116457 06/07/2007 011086 TRESSLER, BILL refund:sec.depositlpicnic shelter 150.00 150.00
116458 06/07/2007 009313 UNION BANK OF CALIFORNIA FY 04/05 CFD 88-12 Reimbursement 8,298.40
FY 05/06 CFD 88-12 Reimbursement 7,557.84 15,856.24
116459 06/07/2007 004261 VERIZON May xxx-5509 general usage 146.69
May xxx-3526 fire alarm 99.22
May xxx-9897 general usage 89.68
May xxx-0049 general usage 43.60
May xxx-1999 general usage 38.23
May xxx-5275 PO DSL 34.12
May xxx-2676 general usage 33.07
May xxx-5696 Sports Complex 33.07
May xxx-7786 C. \/\/ashington 31.84 549.52
116460 06/07/2007 000339 WEST PUBLISHING CORP May Judicial Updates for Law Library 161.65 161.65
116461 06/07/2007 000621 WESTERN RIVERSIDE COUNCIL gen.assembly mtg, 6/21 Council/City Mgr 325.00 325.00
OF
116462 06/07/2007 008980 WILLIS, KRISTINE Refund:Summer Day Camp 0405.202 190.00 190.00
116463 06/07/2007 004774 WOODCREST UNIFORMS Sew Patches:Police Explorer Prgm 36.00
Sew Patches:Police Explorer Prgm 30.00 66.00
116464 06/07/2007 006290 WOODCREST VEHICLE CENTER City vehicle repair:Paramedics 190.41 190.41
116465 06/07/2007 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 73.50 73.50
116466 06/07/2007 003776 ZOLL MEDICAL CORPORATION Paramedic Medical Supplies 291.76 291.76
Grand total for UNION BANK OF CALIFORNIA: 464,456.92
Page:11
apChkLst
06/0712007
2:19:59PM
Final Check List
CITY OF TEMECULA
Page: 12
138
checks in this report.
Grand Total All Checks:
464,456.92
Page:12
apChkLst Final Check List Page: 1
06/1412007 1:26:09PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
870 06/14/2007 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 72,940.46
Blue Shield HMO Payment 0.00 72,940.46
871 06/14/2007 000444 INSTATAX (EDD) State Disability Ins Payment 20,800.96 20,800.96
872 06/14/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 84,540.14 84,540.14
873 06/14/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 117,104.88 117,104.88
RETIREMENT)
874 06/14/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 22,945.62 22,945.62
SOLUTION
875 06/14/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 4,563.90 4,563.90
NATIONWIDE RETIREMENT
876 06/14/2007 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 10,226.46 10,226.46
116467 06/14/2007 009604 12MILESOUT.COM Video SVcs: Council Meetings 2,000.00 2,000.00
116468 06/14/2007 003552 AFLAC AFLAC Cancer Payment 2,981.16 2,981.16
116469 06/14/2007 011098 ABBY REINKE ELEMENTRY FY 06/07 Comm Svc Grant 100.00 100.00
SCHOOL
116470 06/14/2007 005058 ADAMS, AARON Reimb:lnt'1 Shop Cntrs:5/20-22:LV 75.25 75.25
116471 06/14/2007 008552 ADKINS DESIGN CONSULTING Graphic design svcs:cultural arts 1,903.31 1,903.31
116472 06/14/2007 003859 ALL ABOUT SELF STORAGE Units G702 & C332 rental:TCSD 284.00 284.00
116473 06/14/2007 004601 ALL THE KING'S FLAGS Veterans memorial flag POW/MIA 139.54 139.54
116474 06/14/2007 009374 ALLEGRO MUSICAL VENTURES piano tuning/maint svc: Theater 180.00 180.00
116475 06/14/2007 000101 APPLE ON E INC Temp help ppe 5/26 Jepsen, L. 300.40
Temp help ppe 5/19 Jepsen, L. 300.40
Temp help ppe 5/26 Knorr, M. 75.10 675.90
Page:1
apChkLst Final Check List Page: 2
06/1412007 1:26:09PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116476 06/14/2007 002648 AUTO CLUB OF SOUTHERN Membership: Brad Buron 5/07-5/08 47.00
CALIF
Membership:Marianne Parker 07/08 47.00
Membership:Candice Adkisson 07/08 47.00
Membership:Steve Sterling 07/08 47.00
Membership:Jerzy Kanigowski 07/08 47.00
Membership:Bruce Wedeking 07/08 47.00 282.00
116477 06/14/2007 004205 BALLET FOLKLORICO SANTA TCSD Instructor Earnings 297.50
MARIA
TCSD Instructor Earnings 262.50
TCSD Instructor Earnings 245.00 805.00
116478 06/14/2007 002381 BEAUDOIN, LINDA Retirement Medical Payment 719.20 719.20
116479 06/14/2007 011068 BERMUDEZ,ONDREA Refund: Cite 50922 Dismissed 60.00
Refund: Cite 50869 Dismissed 60.00 120.00
116480 06/14/2007 005312 BITCH'N STITCH'N Safe Driver Award Jackets 937.43 937.43
116481 06/14/2007 003222 BROCKMEIER, CAROL Retirement Medical Payment 719.20 719.20
116482 06/14/2007 003138 CAL MAT PW patch truck materials 769.77
PW patch truck materials 760.40 1 ,530.17
116483 06/14/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00
116484 06/14/2007 005116 CALIF DEPT OF STATE FY 06/07 Tax/Revenue Request 100.00 100.00
CONTROLLER
116485 06/14/2007 004566 CALIF DEPT OF TOXIC EPA 07 fees-toxic substn control:PW 7.50 7.50
SUBSTANCES
116486 06/14/2007 000387 CAREER TRACK SEMINARS Conf:#58200 Mng Front Desk Kodani,K 149.00 149.00
116487 06/14/2007 010434 CATERERS CAFE refreshm ents: Exec staffmtg 6/5 233.43 233.43
116488 06/14/2007 009640 CERTIFION CORPORATION May Entersect online svc: Police 150.00 150.00
116489 06/14/2007 000137 CHEVRON USA INC City vehicles fuel: Police 1,315.61
City vehicles fuel: CM & PO 508.35 1,823.96
116490 06/14/2007 005708 CLEAR CHANNEL radio broadcasting:western days 750.00 750.00
BROADCASTING INC
Page2
apChkLst Final Check List Page: 3
06/1412007 1:26:09PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116491 06/14/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05
116492 06/14/2007 001264 COSTCO WHOLESALE Equipment: Fire Stn 84 958.57
Supplies: art show at the Merc 104.29 1,062.86
116493 06/14/2007 010778 DAKTRONICS INC. Sponsor/ld panel:PBSP 2,202.05 2,202.05
116494 06/14/2007 006150 DIALOGIC COMMUNICATIONS Emergency notification system 41,500.62 41,500.62
CORP.
116495 06/14/2007 002701 DIVERSIFIED RISK April special events premiums 1,355.41 1,355.41
116496 06/14/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD/PW 63.62 63.62
INC
116497 06/14/2007 008532 DREAMSHAPERS entertainment: Western Days 350.00 350.00
116498 06/14/2007 011063 DWYER, AUSTIN Refund: Cite 54221 Dismissed 462.50 462.50
116499 06/14/2007 003223 EDAW INC Apr biological svcs:Long Cyn Basin 2,076.62
Apr habitat restoration svcs:Pala Rd 607.50 2,684.12
116500 06/14/2007 001056 EXCEL LANDSCAPE May Indscp maint:sports parks 44,371.22
May Indscp maint:south slopes 41,021.18
May Indscp maint:north slopes 29,372.80
May Indscp maint: medians 11,482.78
May Indscp maint:City facilities 8,336.11
Apr Indscp maint: WC Channel 3,448.39
Indscp implY: boys/girls club 1,620.59
landscape improvements:theater 1,502.26
Irrigation repair:slopes 407.58
irrigation repairs: slopes 338.33
Irrigation repair:slopes 238.19
install memorial tree: RRSP 215.40
Lndscp maint:S19 campos verdes 83.51
Irrigation repairs:medians & parks 81.49 142,519.83
116501 06/14/2007 003665 EXCEL TELECOMMUNICATIONS Apr long distance phone svcs 11.01
Mar long distance phone svcs 5.33 16.34
116502 06/14/2007 000478 FAST SIGNS Removal veh city seal:Code Enf 40.41 40.41
116503 06/14/2007 000165 FEDERAL EXPRESS INC 5/23/07 express mail services 42.70 42.70
Page:3
apChkLst Final Check List Page: 4
06/1412007 1:26:09PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116504 06/14/2007 010804 FEHR & PEERS ASSOCIATES Apr Old Town pkg demand study 2,589.99 2,589.99
116505 06/14/2007 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 759.90 759.90
116506 06/14/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
116507 06/14/2007 003815 GFB FRIEDRICH & ASSOCIATES Apr design svcs:DePortola Rd 6,382.99 6,382.99
INC
116508 06/14/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Planning/Info Sys 5,341.00
INC
Office Supplies: PW 1,320.98
Office Supplies: Fire Dept 1,224.93
Office Supplies: Finance 966.52
Office Supplies: CRC & TCC 631.24
Office Supplies: CM/Planning 620.56
Office Supplies: Info Sys 534.11
Office Supplies: Ch.Musuem/Aquatics 528.59
Office Supplies: B&S 506.75
Office Supplies: Theater 454.80
Office Supplies: TCSD Rec Pgm 381.93
Office Supplies: TV Museum 201.11
Office Supplies: City Clerk 139.54 12,852.06
116509 06/14/2007 005947 GOLDEN STATE OVERNIGHT 5/16-31 express mail svc:Fire Prey 40.06 40.06
116510 06/14/2007 009608 GOLDEN VALLEY MUSIC Theater sttlmt: It's Only Natural 842.16 842.16
SOCIETY
116511 06/14/2007 004053 HABITAT WEST INC May basin maint svcs:Long Cyn 554.00 554.00
116512 06/14/2007 006250 HAZ MAT TRANS INC Site demolition:old town 78,000.00
hazardous waste disposal:Museum 901.92
hazardous waste disposal:PW 640.00 79,541.92
116513 06/14/2007 001135 HEALTH POINTE MEDICAL Apr pre-employment physicals 210.00
GROUP INC
May pre-employment physicals 120.00 330.00
116514 06/14/2007 011067 HENDRY, ROBIN OR JESSICA Refund: Cite 55946 Dismissed 60.00 60.00
116515 06/14/2007 005748 HODSON, CHERYL A Support Payment 12.77 12.77
116516 06/14/2007 000963 HOGAN, DAVID Retirement Medical Payment 719.20 719.20
Page:4
apChkLst Final Check List Page: 5
06/1412007 1:26:09PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116517 06/14/2007 003198 HOME DEPOT, THE hardware supplies:various sites 3,123.67
hardware supplies:various sites 1,445.66
hardware supplies:various sites 1,430.15
hardware supplies:various sites 864.01
hardware supplies:various sites 424.84
hardware supplies:various sites 82.85 7,371.18
116518 06/14/2007 010550 HOME DEPOT, THE Hardware Supplies: PW Maint 354.24 354.24
116519 06/14/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 12,672.15 12,672.15
303355
116520 06/14/2007 010766 INLAND VALLEY SYMPHONY Theater sttlmnt: IV Symphony 6/4/07 866.40 866.40
116521 06/14/2007 006713 INTEGRATED MEDIA SYSTEMS Audio/visual equip reconfig:Library 3,013.30 3,013.30
116522 06/14/2007 010119 IRS-OIC Sup Pmt Offer #1 000497587 452379267 140.11 140.11
116523 06/14/2007 011065 JORDAN, VIOLET CHANCEL YN Refund: Cite 54852 Dismissed 55.00 55.00
116524 06/14/2007 002424 KELLEY DISPLAY INC Banners c1eaning/storage:Econ Dev 406.53
Shipping Banners:Old Tovvn 185.08 591.61
116525 06/14/2007 005536 KORALEWSKI, RICHARD P. FY 02/03 CFD 88-12 Reimbursement 625.73 625.73
116526 06/14/2007 005477 KROHNFELDT, GREGORYT. FY 02/03 CFD 88-12 Reimbursement 1,981.44 1 ,981.44
116527 06/14/2007 011024 LOVE TEMECULA advertising:city marketing pgrm 4,000.00 4,000.00
116528 06/14/2007 004087 LOWES INC Hardware Supplies: Theater 29.21 29.21
116529 06/14/2007 011006 MACHADO ENVIORNMENTAL clean air ducts: Fire Stn 73 3,427.00 3,427.00
CORP.
116530 06/14/2007 004141 MAINTEX INC custodial supplies:CRC 265.60
custodial supplies:West \/\ling 9.53
credit:items returnedlWest \/\ling -29.58 245.55
116531 06/14/2007 001967 MANPOWER TEMPORARY temp help PPE OS/27 J.A./A.C. 1,262.03
SERVICES
temp help w/e 05120 A.C.lC. T. 941.68 2,203.71
116532 06/14/2007 000217 MARGARITA OFFICIALS ASSN May softball officials services 4,020.00
credit:amount exceeds agrmnt -1,500.00 2,520.00
PageS
apChkLst Final Check List Page: 6
06/1412007 1:26:09PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116533 06/14/2007 000944 MCCAIN TRAFFIC SUPPLY INC technical support srvcs:PW Traf Div 20,661.30
traffic signal cabinet fans:PW Traf Div 323.25 20,984.55
116534 06/14/2007 006571 MELODY'S AD WORKS Reimb exp:Street Painting Festival 886.38 886.38
116535 06/14/2007 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 7,900.20 7,900.20
116536 06/14/2007 009541 MEYER AND ASSOCIATES May dsgn svcs:TCC Expansion 8,768.00 8,768.00
116537 06/14/2007 007210 MIDORI GARDENS May Idscp maint:Parks 67,139.28 67,139.28
116538 06/14/2007 001384 MINUTEMAN PRESS business cards:Police (generic) 353.48
business cards:Police mall storefront 161.62
business cards:E. Rodecker 43.37
business cards:J. Marsh 43.37 601.84
116539 06/14/2007 000883 MONTELEONE EXCAVATING grading of dirt roads/Srvc Level "R" 2,030.00 2,030.00
116540 06/14/2007 010990 MOORE IACOFANO GOLTSMAN Jan-Apr consult svcs:youth master plan 13,888.67 13,888.67
INC
116541 06/14/2007 001214 MORNINGSTAR PRODUCTIONS, Audio srvcs:Every 15 Min Prgm 4,642.50 4,642.50
LLC
116542 06/14/2007 007011 MORRIS MYERS MAINTENANCE May restroom janitorial svcs:Parks 5,927.00 5,927.00
116543 06/14/2007 008820 NEIGHBORS NEWSPAPER Jun Street Painting ad:RDA 250.00 250.00
116544 06/14/2007 000233 NELSON, SHAWN reimb:May '07 internet services 44.95 44.95
116545 06/14/2007 002139 NORTH COUNTY TIMES May public ntcs:PW/Pln/City Clerk 467.94
May display ads:Pln Commission 300.82
May recruitment ads:TCSD 244.08 1,012.84
116546 06/14/2007 009570 o C B REPROGRAPHICS May dup blueprints:Pauba Rd/O.T.Prjts 344.33 344.33
116547 06/14/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 83.13 83.13
116548 06/14/2007 001171 ORIENTAL TRADING COMPANY prizes for the Youth Film Festival 194.95
INC
prizes for the Youth Film Festival 36.70 231.65
Page:6
apChkLst Final Check List Page: 7
06/1412007 1:26:09PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116549 06/14/2007 008871 ORIGINAL LIFEGUARD INC lifeguard uniforms:aquatics pgrm 242.74 242.74
116550 06/14/2007 010547 PARKS, RON Retirement Medical Payment 571.55 571.55
116551 06/14/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 220.12 220.12
PROGRAM
116552 06/14/2007 000249 PETTY CASH Petty Cash Reimbursement 635.35 635.35
116553 06/14/2007 011066 PHROMPHANH, SANG Refund: Cite 55537 duplicate pmt 325.00 325.00
116554 06/14/2007 010338 POOL & ELECTRICAL PRODUCTS pool supplies & chemicals:TES/CRC 110.83 110.83
INC
116555 06/14/2007 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 512.15 512.15
116556 06/14/2007 000254 PRESS ENTERPRISE COMPANY May recruitment ads:TCSD 1,109.32 1,109.32
INC
116557 06/14/2007 010652 QUALITY CODE PUBLISHING Municipal Code srvcs:City Clerk 6,058.03 6,058.03
116558 06/14/2007 009748 R K R MEDIA ASSOCIATES INC key rings:every 15 min pgrm 1,189.00 1,189.00
116559 06/14/2007 011062 RAHIB, FADIO Refund: Cite 52344 Dissmissed 55.00 55.00
116560 06/14/2007 000728 RAMSEY BACKFLOW & backflow test/repair:Slopes 3,172.00
PLUMBING
backflow testlrepair:ParkslMedians 2,496.00 5,668.00
116561 06/14/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 25,425.60
Various TCSD Water Meters 1,121.27
Various PWWater Meters 886.80
May 01-05-19384-1 Stn 73 242.69
Various PWWater Meters 164.70
Various RDA Water Meters 70.44
May 01-05-19382-1 Stn 73 12.73
May 01-08-70001-0 Stn W1fCrk 12.73 27,936.96
116562 06/14/2007 002654 RANCHO FORD LINCOLN City vehicle maintlrepair:Paramedics 120.00 120.00
MERCURY
116563 06/14/2007 004483 RECREONICS INC pace clock replacement parts:Aquatics 113.50 113.50
Page:?
apChkLst Final Check List Page: 8
06/1412007 1:26:09PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116564 06/14/2007 004584 REGENCY LIGHTING electrical supplies:Old Town 596.62
electrical supplies:Old Town 234.39 831.01
116565 06/14/2007 003591 RENES COMMERCIAL City lots/R-O-Ws weed spraying 10,090.00 10,090.00
MANAGEMENT
116566 06/14/2007 005807 RESOURCE STRATEGIES INC Global Mapper v. 8.02. software:GIS 707.92 707.92
116567 06/14/2007 007402 RICHARD BRADY & ASSOCIATES 02/25-04/28/07 dsgn:Field Op Ctr 12,077.90 12,077.90
116568 06/14/2007 002412 RICHARDS WATSON & GERSHON April 2007 legal services 102,973.95 102,973.95
116569 06/14/2007 000406 RIVERSIDE CO SHERIFFS DEPT Westem Days:law enforcement 2,983.72 2,983.72
116570 06/14/2007 006432 RIVERSIDE COMM. COLLEGE Arrest,Search/Seizure trn:P.J. 4/23-27 77.00 77. 00
DIST.
116571 06/14/2007 003587 RIZZO CONSTRUCTION INC furnish/install monument sign:pbsp 6,437.00
rplce 'vfldlzed counter: temeku hills sp 1,720.00
Install elect outlets in ComDev Lobby 650.00 8,807.00
116572 06/14/2007 003001 ROSS FENCE INC. Res ImplY Prgm:D. Linnen 2,975.00 2,975.00
116573 06/14/2007 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,168.54 1,168.54
116574 06/14/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50
116575 06/14/2007 011060 SEGO, MONA SAMUELS Refund:Cite 52185 + Court fees 350.00 350.00
116576 06/14/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2005033893 150.00 150.00
116577 06/14/2007 009213 SHERRY BERRY MUSIC Metaphysical MusicIWorld peri. 6/7/07 1,580.00 1,580.00
116578 06/14/2007 011064 SIEGEL, ERIK T. Refund: Cite 59279 Dismissed 325.00 325.00
116579 06/14/2007 002718 SO CALIF CITY CLERKS ASSN SCCCA mtg Norwalk,Ca 6/22 S. Jones 35.00 35.00
Page:8
apChkLst Final Check List Page: 9
06/1412007 1:26:09PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116580 06/14/2007 000537 SO CALIF EDISON June 2-05-791-8807 various mtrs 8,959.69
Jun 2-02-351-5281 CRC 4,813.54
May 2-10-331-2153 TCC 843.00
May 2-28-171-2620 Police Mall Stn 438.22 15,054.45
116581 06/14/2007 005786 SPRINT Apr 26 - May 26, 07 acct level chrgs 8,375.17 8,375.17
116582 06/14/2007 011061 STACHOWITZ, DENNIS Refund: Cite 52788 Dismissed 462.50 462.50
116583 06/14/2007 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 10,759.96 10,759.96
116584 06/14/2007 001547 TEAMSTERS LOCAL 911 Union Dues Payment 5,092.00 5,092.00
116585 06/14/2007 000316 THORNHILL, GARY Retirement Medical Payment 571.55 571.55
116586 06/14/2007 010276 TIME WARNER CABLE Jun-Jul high speed internet City Hall 156.02 156.02
116587 06/14/2007 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings 283.50
INC
TCSD Instructor Earnings 264.60
TCSD Instructor Earnings 189.00
TCSD Instructor Earnings 132.30
TCSD Instructor Earnings 118.30
TCSD Instructor Earnings 94.50 1,082.20
116588 06/14/2007 009912 U R S CORPORATION 3/10-5/11/07 svcs:Western Bypass 7,395.00 7,395.00
116589 06/14/2007 004435 US CONFERENCE OF MAYORS, 2007 City Membership Dues 5,116.00 5,116.00
THE
116590 06/14/2007 009501 U T P GROUP INC theater technician W/E 05/31 T.Taylor 1,548.10 1,548.10
116591 06/14/2007 007766 UNDERGROUND SERVICE ALERT Jun undrgrnd svcs alert tickets:PW 478.40 478.40
116592 06/14/2007 002065 UNISOURCE misc. paper supplies: Cntrl Svcs 1,115.71 1,115.71
116593 06/14/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00
116594 06/14/2007 011096 VALLEY GOURMET, THE Deposit:VIP rirshmnts/4th of July Parade 340.00 340.00
Page:9
apChkLst
06/1412007
1:26:09PM
Final Check List
CITY OF TEMECULA
Page: 10
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor Description
Amount Paid
Check Total
116595 06/14/2007 004261 VERIZON May xxx-8900 GIS Library
May xxx-7530 GIS Library
May xxx-1540 Old Town Prk Lot
May xxx-6620 general usage
769.81
548.68
89.68
31.97
116596 06/14/2007 004279 VERIZON CALIFORNIA INC. May access-C. Mus.phone line
May access-CRC phone line
660.59
357.44
116597 06/14/2007 004848 VERIZON SELECT SERVICES INC June long distance phone svcs
616.70
116598 06/14/2007 002109 WI-IITE CAP INDUSTRIES INC maintenance supplies:PW Depts
744.79
116599 06/14/2007 000348 ZIGLER, GAIL reimb:tcsd awards/mtg supplies
134.70
Grand total for UNION BANK OF CALIFORNIA:
1,440.14
1,018.03
616.70
744.79
134.70
1,073,399.49
Page:10
apChkLst
06/1412007
1:26:09PM
Final Check List
CITY OF TEMECULA
Page: 11
140
checks in this report.
Grand Total All Checks:
1,073,399.49
Page:11
I~-- .
,
II
ITEM NO.3
II
,
II
-
.
.
.
I
I
II
II
__. . I
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
MAY 22,2007
The City Council convened in Closed Session at 6:00 p.m., on Tuesday, May 22, 2007, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California.
Present:
Council Members:
Comerchero, Edwards, Naggar, Washington,
Roberts
Absent:
Council Member:
None
PRELUDE MUSIC
The Prelude Music was provided by Matthew Nunez.
INVOCATION
The invocation was provided by Reverend Robert A. Nagy of St. Thomas of Canterbury
Episcopal.
PRESENTA TIONSIPROCLAMA TIONS
Certificates of Achievement to Amber Hovorka and Louisa Radosevich for attainina the Girl
Scout Gold Award
Congratulating Amber Hovorka and Louisa Radosevich for receiving the highest earned
recognition in Girl Scouting, Mayor Washington presented the Girl Scouts with a Certificate of
Achievement.
National Preoaredness Month Proclamation
Captain Buckley explained the National Preparedness Month and the Temecula Citizen Corps
Program.
On behalf of the City Council, Mayor Washington proclaimed May, 2007, National Preparedness
Month and urged all citizens to take the necessary steps to prepare for emergencies in their
homes, businesses, and schools.
Ms. Cynthia Quigley invited the public to attend a presentation on earthquakes preparedness on
June 27, at 7:00 p.m. at the Temecula Library.
Convention and Visitors Bureau Presentation
Chairman of the Convention of Visitors Bureau, Dennis Ferguson, introduced Dr. Runyan.
By way of PowerPoint Presentation, Dr. Dean Runyan highlighted on the following:
o City of Temecula Zip Codes
o City of Temecula Total Population 1990-2010
o Population by Age, Riverside County
o Total Employment, Temecula and Riverside County 1991-2005
RIMinutesl052207
o Number of Temecula Wineries
o Indian Casinos: Riverside County
o TOT Collections, City of Temecula 1992-2006
o Temecula Valley Travel Spending 2000-2006
o Temecula Valley Visitors, by Visitor Category 2006
o Earnings, Primary Temecula Industries, 2005
o Conclusions
o Expanding Wine-related Market
o Increased Gaming demand, subject to competition
o Winery event venues valuable
o Winery and Gaming Recreation well-positioned
o Historic Downtown an asset
o Travel and Tourism one of the largest industries.
The City Council thanked Dr. Runyan for his presentation.
PUBLIC COMMENTS
No additional comments.
CITY COUNCIL REPORTS
A. Council Member Roberts advised that the Community Benefit Committee will be
allocating the approval of $2,683,119 for improvements along the South 79 Interchange which
would include the license plate recognition system and the closed circuit television program.
Council Member Roberts also thanked the Pechanga Tribe for its generous contribution.
B. Mayor Washington thanked staff, and high school administrators for their efforts with
regard to the Youth and Government Program held three times a year at City Hall.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Resolution aoorovina List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
RIMinutesl052207
2
3 Financial Statements for the Nine Months Ended March 31. 2007
RECOMMENDATION:
3.1 Receive and file the Financial Statements for the Nine Months Ended March 31,
2007.
4 Amendment to Professional Services Aareement for Soecial Tax Administration Services
RECOMMENDATION:
4.1 Approve the First Amendment with N BS for special tax administration services for
10% contingency in the amount of $4,825 for FY 2006/07, $4,921.50 for FY
2007/08, and $5,019.93 for FY 2008/09 for customary reimbursable and out-of-
pocket expenses.
5 Summarv Vacation of a Portion of Niahthawk Pass in Tract Mao No. 23067-5
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO
SUMMARILY VACATE A PORTION OF NIGHTHAWK PASS WITHIN TRACT
MAP NO. 23067-5 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER
4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE
6 Authorize Temoorarv Street Closure for a Portion of Heitz Lane between Promenade
Chardonnav Hills and Montelena Circle for Reoair Work of Metrooolitan Water District's
San Dieao Pioeline NO.5
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 07 - 38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING A TEMPORARY STREET CLOSURE FOR A PORTION OF HEITZ
LANE BETWEEN PROMENADE CHARDONNAY HILLS AND MONTELENA
CIRCLE FOR A DURATION OF UP TO NINE DAYS TO ALLOW FOR THE
REPAIR OF METROPOLITAN WATER DISTRICT'S SAN DIEGO PIPELINE NO.5
RIMinutesl052207
3
7 AII-Wav Stoo Control - La Serena Wav and Walcott LanelCebu Drive
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 07 - 39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF
LA SERENA WAY AND WALCOTT LANEICEBU DRIVE
8 Aooroval of Plans and Soecifications and Authorization to Solicit Construction Bids for
Installation of Traffic Sianallnterconnect Eauioment - Proiect No. PW04-05
RECOMMENDATION:
8.1 Approve the Plans and Specifications and authorize the Department of Public
Works to solicit construction bids for Installation of Traffic Signal Interconnect
Equipment - Project No. PW04-05.
9 Contract for CCTV Camera Installation on Route 79 South and Pechanaa Parkwav - Proiect
No. PW07-07
RECOMMENDATION:
9.1 Award a contract to Crosstown Electrical & Data, Inc. to furnish and install
intersection traffic monitoring CCTV cameras, communication equipment, and fiber
optic cable along Route 79 South in the amount of $122,400 and authorize the
Mayor to execute the contract;
9.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $12,240, which is equal to 10% of the contract amount.
10 Annual Purchase Aareement for FY2007 -2008 for the Purchase of Asohalt Products
RECOMMENDATION:
10.1 Approve the purchase agreement for Fiscal Year 2007-2008 with CalMat (dba
Vulcan Materials Company) for the purchase of Hot Mix Asphalt and SS1 H
Emulsion Tack for street and pothole repairs in the amount of $100,000 and
authorize the Mayor to execute the agreement.
11 Annual Purchase Aareement for Citvwide Street Name Sians. for Fiscal Year 2007-2008
RECOMMENDATION:
11.1 Approve an annual agreement with Main Street Signs for the purchase of Citywide
street name signs, traffic control signs, replacements and materials for repairs in the
amount of $75,000 for Fiscal Year 2007-2008 and authorize the Mayor to execute
the agreement.
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12 Public Works Fiscal Year 2007-2008 Annual Maintenance Contracts
RECOMMENDATION:
12.1 Approve the following Annual Maintenance Contracts for Fiscal Year 2007-2008
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Del Rio Enterprises
GSI
Road Works
Strong's Painting
Tiger Equipment Grading & Excavation
Pacific Striping, Inc
Becker Engineering
Rene's Commercial Management
Monteleone Development
Imperial Paving Co., Inc.
13 Citvwide Tree Trimmina Maintenance Services
RECOMMENDATION:
$ 50,000.00
$ 50,000.00
$ 50,000.00
$ 50,000.00
$ 50,000.00
$100,000.00
$200,000.00
$200,000.00
$200,000.00
$200,000.00
13.1 Award the Citywide Tree Trimming Maintenance Service Contract to West Coast
Arborists, Inc. for $200,000 and authorize the Mayor to execute the contract;
13.2 Authorize the City Manger to approve change orders not to exceed the contingency
amount of $20,000 which is equal to 10% of the contract amount.
14 Procurement of Field Ooerations Center !FOC) Securitv Alarm and Structured Cable Svstem
RECOMMENDATION:
14.1 Approve the purchase of Facility Security, Surveillance, and Structured Cabling
System in agreement with Conduit Networks Inc. for the total amount of
$116,670.11 with a 10% contingency not to exceed $11,667.00.
14.2 Accelerate the funding of $128,337.11 to Fiscal Year 2006-07 from Fiscal Year
2007-08 Field Operations Center Furniture, Fixture & Equipment (FF&E) budget.
15 Aareement for Consultina Services between the Citv of Temecula and Inland Plannina and
Desian. Inc.
15.1 Approve a contract with Inland Planning & Design, Inc. for planning services in the
amount of $75,200.
16 Purchase of Two Sets of Banners From Kellev Disolav
RECOMMENDATION:
16.1 Approve the agreement to purchase two sets of banners with Kelley Display in the
amount of $26,000.
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17 Securitas Securitv Services
RECOMMENDATION:
17.1 Approve an amendment to the current Agreement between the City of Temecula
and Securitas Security Services USA, Inc. to provide additional security services in
the amount of $20,000.
18 AED Purchase for TVUSD
18.1 Approve the purchase of 43 AED units for $82,142.88 from Philips Medical Systems
Inc.;
18.2 Authorize the Mayor to sign the attached MOU with the Temecula Valley Unified
School District for the purchase of AED units with a $51,578.09 deposit.
MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council
Member Edwards seconded the motion and electronic vote reflected unanimous aooroval.
RECONVENE TEMECULA CITY COUNCIL
At 7:38 p.m. the City Council convened as the Temecula Community Services District, the
Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 7:42 p.m.
the City Council resumed with regular business.
DEPARTMENTAL REPORTS
32 Plannina Deoartment Monthlv Reoort
33 Citv Council TravellConference Monthlv Reoort
34 Buildina and Safetv Deoartment Monthlv Reoort
35 Public Works Deoartment Monthlv Reoort
36 Police Deoartment Monthlv Reoort
CITY MANAGER REPORT
No additional comments.
CITY ATTORNEY REPORT
With regard to the Closed Session, City Attorney Thorson reported that the City Council by a
vote of 5:0, authorized the settlement of the claim of Mr. Jesse Flynn in the amount of $11,033;
and advised that the City Council directed the City Attorney to not appeal the case of the
California Nurses Association and the Citizens Against Noise and Traffic Hospital Litigation.
For the high school students in the audience, Mayor Washington explained the Agenda process.
RIMinutesl052207
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ADJOURNMENT
At 7:45 p.m. the City Council meeting was formally adjourned to Tuesday, June 12, 2007, at
5:30 P.M., for a Closed Session with regular session commencing at 7:00 p.m. in the City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
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ITEM NO.4
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APPROVAL ~
CITY ATTORNEY _ _eL1_
DIR.OF FINANCE 1::IK..
CITY MANAGER r((l.
CITY OF TEMECULA
AGENDA REPORT
TO: City ManagerlCity Council
FROM: Grant Yates, Deputy City Manager
DATE: June 26, 2007
SUBJECT: Purchasing Authorization for Temporary Staffing Over $30K for FY 07/08
PREPARED BY:
Beth Gutierrez, Human Resources Analyst
RECOMMENDATION: That the City Council approves the purchasing authorization of the following for
temporary staffing during FY 07/08:
1) AppleOne, for an annual amount of $165,000
2) Manpower, for an annual amount of $110,000
3) Kimco, for an annual amount of $55,000
4) TriStaff, for an annual amount of $55,000
BACKGROUND: The City of Temecula has utilized temporary staffing agencies to provide supplemental
temporary employment services on an as needed basis. Each department's operating budget includes
funding for temporary employee needs throughout the fiscal year. In addition, during the recruitment
phase of filling a position and when essential staff is out on extended periods, temporary staff has been
utilized to fill the void and manage the workflow until the authorized position is filled or the absent staff
member returns to work. These amounts ensure that all City departments can utilize these staffing
agencies to meet their operational needs. For the past few years, we have utilized AppleOne and
Manpower consistently to meet the staffing needs of our organization. Kimco and TriStaff Services have
provided additional access to a wide pool of temporary employees in order to meet immediate requests for
administrative personnel. They have proven to be competitive in their pricing and have provided a high
caliber of candidates to meet our temporary staffing needs. Therefore, we are confident that the business
relationship we have successfully developed with these companies will continue to provide a top quality
service for our City.
The current contracts approved by the City Council on August 23, 2006 are still valid, however because
the purchase amount for each contract exceeds $30,000 for this fiscal year, City Council approval is
needed.
FISCAL IMPACT: Adequate funds are budgeted within each department to fund temporary staffing
services for FY 07/08.
CIWINDOWSlapscbc\nettemp\4 792\$A.SQpdf84 7969. dcc
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ITEM NO.5
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Approvals
City Attorney
Director of Finance
City Manager
JM.f'"
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(JG....
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
June 26, 2007
SUBJECT:
Printer Tonerllnk Cartridge Purchase
RECOMMENDATION: That the City Council authorize the purchase of Printer Tonerllnk
cartridges for the total amount of $40,000 from GCS Supplies, which includes shipping and
applicable sales tax.
BACKGROUND: The City of Temecula has a significant inventory of printers that
support City Departments, remote facilities, community and recreation activities, etc. The printer
inventory that the items in this purchase supports are desktop printers, network printers, FAX
machines, plotters and POS receipt printers. The selection of this vendor is based on a study that
was conducted with various local print tonerlink cartridge providers. This study provides an
essential foundation for purchasing print support equipment that conforms to the City's existing
standards and H P printer inventory requirements. Original Equipment Manufacturer (OEM) products
from HP are available from GCS Supplies. Under this agreement, it would be within the City's
discretion to take advantage of the competitive pricing offered by GCS Supplies. Staff's research
has determined that the GCS Supplies pricing is the most competitive.
Toner Cartridqes/Stud Results - Vendor Ratinq based on 1-5 Scale (1 =Iowest 5=hiqhest)
Price Reference Delivery Prod uct Customer Overall
Vendor Ratinq Ratinq Ratinq Rating Svc Rating Rating Location
GCS Supplies 3 5 4 4 5 4.2 Aqoura Hills, CA
Peacock 3 3 3 4 3 3.6 Chino, CA
Technology
Inteqrated Group 2 2 5 5 3 3.4 San Dieqo CA
FISCAL IMPACT: Adequate funds are available in Fiscal Year 2007-2008 Information System,
Internal Services budget.
ATTACHMENTS:
GCS Supplies Print Services Agreement
NON-EXCLUSIVE PURCHASE AGREEMENT
BETWEEN THE CITY OF TEMECULA
AND GCS SUPPLIES
This Purchase Agreement ("Agreement") is made as of June 26, 2007 by and
between the City of Temecula ("City"), a municipal corporation, and GCS Supplies ("Vendor").
In consideration of the mutual covenants and promises contained herein, the parties agree as
follows:
1. Purchase and Sale of Merchandise. On and subject to the terms and
conditions set forth in this Agreement and the Contract Documents, Vendor agrees to sell and
deliver to City merchandise as more particularly described in Exhibit A, Description of
Merchandise, attached hereto and incorporated herein as though set forth in full (hereafter
"Merchandise"). This is a non-exclusive agreement between the City and Vendor and no
guarantee of purchase or total purchase price as outlined in section 2 is given or implied. This
agreement shall remain and continue in effect unless terminated pursuant to the provisions of
this Agreement.
2. Purchase Price. The Purchase Price, which City agrees to pay to
Vendor for the merchandise, will be as quoted in Exhibit A, Description of Merchandise, with an
annual not to exceed amount of Forty Thousand Dollars and No Cents ($40,000.00) for the
total term of the agreement. Vendor will submit invoices monthly for actual merchandise ordered
and received. Invoices shall be submitted between the first and fifteenth day of each month for
merchandise delivered and received. Payment shall be made within thirty (30) days of receipt of
the invoice as to all non-disputed fees. If the City disputes any of the Vendor's fees, it shall give
written notice to the Vendor within thirty (30) days of receipt of the invoice of the disputed fees
on the invoice. The not to exceed purchase amount listed herein is an estimated expenditure
and this agreement does not guarantee Vendor this amount in purchases.
3. Reoresentations and Warranties of Vendor. Vendor makes the
following representations and warranties to City:
a. Authoritv and Consents. Vendor has the right, power, legal
capacity and authority to enter into and perform its obligations under this Agreement. No
approvals or consents of any persons are necessary in connection with Vendor's execution,
delivery and performance of this Agreement, except for such as have been obtained on or prior
to the date hereof. The execution, delivery and performance of this Agreement by Vendor have
been duly authorized by all necessary action on the part of Vendor and constitute the legal,
valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their
respective terms.
b. Title and Ooeratina Condition. Vendor has good and marketable
title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or
conditions to transfer or assignment, and City will acquire the merchandise free and clear of
mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and
restrictions except for such as may be created or granted by City. All of the merchandise is in
good condition, free of any defects, and are in conformity with the specifications, descriptions,
representations and warranties set forth in the Contract Documents.
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c. Full Disclosure. None of the representations and warranties made
by Vendor in this Agreement contains or will contain any untrue statement of a material fact, or
omits to state a material fact necessary to make the statements made, in light of the
circumstances under which they were made, not misleading.
4. Time of Deliverv. The date and time of delivery of the merchandise shall
be as stated at time of order.
5. Place of Delivery. The merchandise shall be delivered to the City location
as stated on the purchase order or at time of merchandise order.
6. Risk of Loss. Risk of loss, damage and destruction of the merchandise
shall remain with the Vendor until after inspection and acceptance of the merchandise by City.
7. Insoection and Acceotance. City shall inspect the merchandise at the
time and place of delivery. Such inspection may include reasonable review by City. If, in the
determination of City, the merchandise fails to conform to the Agreement IN ANY MANNER OR
RESPECT, City shall so notify Vendor within ninety (90) days of delivery of the merchandise to
City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of
receipt.
8. Reiection. In the event of such notice of non-conformity by City pursuant
to Section 7, City may, at its option, (1) reject the whole of the merchandise, (2) accept the
whole of the merchandise, or (3) accept any commercial unit or units of the merchandise and
reject the remainder. The exercise of any of the above options shall be "without prejudice" and
with full reservation of any rights and remedies of City attendant upon a breach. In the event of
such notice and election by City, City agrees to comply with all reasonable instructions of
Vendor and, in the event that expenses are incurred by City in following such instructions,
Vendor shall indemnify City in full for such expenses.
9. No Reolacements of Cure. This Agreement calls for strict compliance.
Vendor expressly agrees that both the merchandise tendered and the tender itself will conform
fully to the terms and conditions of the Agreement on the original tender. In the event of
rejection by City of the whole of the merchandise or any part thereof pursuant to Section 8, City
may, but is not required to, accept any substitute performance from Vendor or engage in
subsequent efforts to effect a cure of the original tender by Vendor.
10. Indemnification. Vendor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees, agents and volunteers from and against any
and all claims, demands, losses, damages, costs and liability of any kind or nature which the
City, its officers, officials, employees, agents or volunteers may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of the
performance of providing the merchandise, excepting only liability arising out of the sole
negligence of the City.
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11. Contract Documents.
a. This Agreement includes the following documents, which are by
this reference incorporated herein and made a part hereof: (1) Vendor's price list for
merchandise.
b. In the event any term or condition of the Contract Documents
conflicts with or is contradictory to any term or condition of the Agreement, the terms and
conditions of this Agreement are controlling.
c. In the event of a conflict in terms between this Agreement, and a
Vendor quote the prices list as attached hereto and incorporated herein prevail over the
Vendor's quote.
12. Remedies. The remedies and rights conferred on the City by this
Agreement are in addition to and cumulative with all other remedies and rights accorded the
City under law or equity.
13. Survival of Reoresentations and Warranties. All representations,
warranties, covenants and agreements of the parties contained in this Agreement shall survive
the execution, delivery and performance of this Agreement.
14. Leoal Resoonsibilities. The Vendor shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Agreement. The Vendor shall at all times
observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply
with this section.
15. Assionment. This Agreement may not be assigned by Vendor without
the express written consent of City. This Agreement shall be binding on, and shall inure to the
benefit of, the parties to it and their respective heirs, legal representatives, successors and
assigns.
16. Severability,. If any provIsion of this Agreement is held invalid or
unenforceable by any court of final jurisdiction, it is the intent of the parties that all other
provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the
parties.
17. Susoension or Termination of Aoreement without Cause. The City
may at any time, for any reason, with or without cause, suspend or terminate this
Agreement, or any portion hereof, by serving upon the Vendor at least ten (10) days
prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make
void or invalidate the remainder of this Ageement.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Vendor
the actual value of the merchandise produced up to the time of termination, provided the
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merchandise was ordered by the City prior to termination of the Agreement. Upon termination of
the Agreement pursuant to this Section, the Vendor will submit an invoice to the City pursuant to
Section 2.
18. Prohibited Interest. Prohibited Interest - No member, officer, or
employee of the City of Temecula or of a local public body shall have any interest, direct or
indirect, in the contract of the proceeds thereof during hislher tenure or for one year thereafter.
Furthermore, the contractorlconsultant covenants and agrees to their knowledge that no board
member, office or employee of the City of Temecula has any interest, whether contractual, non-
contractual, financial or otherwise, in this transaction, or in the business of the contracting party
other than the City of Temecula, and that if any such interest comes to the knowledge of either
party at any time, a full and complete disclosure of all such information will be made, in writing,
to the other party or parties, even if such interest would not be considered a conflict of interest
under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220)
of Division 4 of Title I of the Government Code of the State of California.
19. Entire Aareement: Modification: Waiver. This Agreement constitutes
the entire agreement between the parties pertaining to the subject matter hereof and thereof
and supersedes all prior and contemporaneous agreements, representations and
understandings of the parties, whether oral or written. No supplement, modification or
amendment of this Agreement or the Contract Documents shall be binding unless executed in
writing by all the parties. No waiver of any of the provisions of this Agreement or the Contract
Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not
similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the party making the waiver.
20. Notices. All notices, requests, demands, and other communications
under this Agreement shall be in writing and shall be deemed to have been duly given on the
date of service if served personally on the party to whom notice is to be given, or on the third
business day after mailing if mailed to the party to whom notice is to be given, by first class mail,
registered or certified, postage prepaid, or on the first business day after being deposited with
an overnight carrier for delivery the next business day, and properly addressed as follows:
To Vendor at:
GCS Supplies
28862 Garnet Hills Court
Agoura Hills, CA 91301
Attn: Gayle Virzi
888-242-3894
To City at:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attn: City Manager
Any party may change its address for purposes of this paragraph by giving the other parties
written notice of the new address in the manner set forth above.
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21. Effects of Headinas. The subject headings of the sections and
subsections of this Agreement are included for convenience only and shall not affect or be
considered in the construction or interpretation of any of its provisions.
22. Governina Law. This Agreement shall be construed in accordance with,
and governed by, the laws of the State of California as applied to contracts that are executed
and performed entirely in California.
IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on
the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
GCS Supplies
28862 Garnet Hills Court
Agoura Hills, CA 91301
Attn: Gayle Virzi
888-242-3894
Gayle Virzi
Title
Cindy Shulman
Title
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EXHIBIT A
CITY OF TEMECULA
CARTRIDGE LIST
(PRICES INCLUDE T~ AND SHIPPING)
Toner List
IHP 92295A HP LaserJet II, liD, 1110 $27.001
IHP C3903A IHP LaserJet 5F>, 5MP, 6MP, 6P 1 $33.001
IHP C3906A IHP LaserJet 5L, 6L 3100,3150 I $:33.0~
IHP C4096A IHP LaserJet 2100/2200 1 $55.001
IHP C4127X IHP Laser Jet 4000, 4050 1 $53.001
!HP C8061X IHP LaserJet4100, 4101 1 $72.001
IHP C7115X IHP LaserJet 1000, 1200, 1220, I $50.0c'
3320,3300,3330,3310
IHP C4182X IHP LaserJet 8150 1 $68.001
HP C4191A HP Color LaserJet 4500, 4550 $83.50
Slack (OEM)
HP C4192A HP Color LaserJet 4500,4550 $121.0C
Cyan (OEM)
IHP C4193A HP Color Laser Jet 4500, 4550 $121.0C
Magenta (OEM)
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IHP C4194A ~P Color LaserJet 4500, 4550 $121.001
ellow (OEM)
IHP C4149A IHP Color LaserJet 8500,8550 $110.001
Black (OEM)
IHP C4150A IHP Color LaserJet 8500,8550 $170.501
Cyan (OEM)
IHP C4151A IHP Color Laser Jet 8500, 8550 $170.501
Magenta (OEM) .
HP C4152A pP Color LaserJet 8500,8550 $170.5C
ellow(OEM)
IHP Q2613A IHP Laser Jet 1300 Black A $60.00 X$65.001
IHP C8016X Troy Brand Only f100 Troy Check Printer (OEM) 1 6K- $288.00 10K- $299.001
~P Deskjet I
HP C51641A 20,850,855,870,1000 $3'3:7(;
IHP Officejet pro 1150c I
IHP Black Inkjet, OJ100, G, K, & 1
HP C51645A R Series $32.25
j(OEM or REMAN) I
IHP C51649A IHP Tri-Color Inkjet, OJ600 I $33. 7~
Series (OEM or REMAN)
HP C1823D HP Tri-Color Inkjet, DJ895, $34.25
1120, R80, 1170
IHP C6578D IHP Tri-Color Inkjet, DJ895c, OJ, $34.501
G95/95/K60
HP C6615D HP Black Inkjet, DJ842C,
PSC750 (OEM or REMAN) $29.50
IHP C6625A IHP Tri-Color Inkjet, DJ842C $32.501
IHP C6657 AN (OEM or REMAN)
HP Deskjet 5150, 5550, 5650,
5850, $34.50
HP 501 OAN HP Tri-Color, CP 116010J
d 125xi/d 135xi/d 145/d 155xi
(OEM or REMAN) $29.75
IHP 5011AN ~P Black Inkjet, CP 116010J
125xi/d135xi/d145/d155xi $23.75
(OEM or REMAN)
!HP C4920A HP Black Printhead, CP
116010J $35.50
I ID 125xi/d 135xi/d 145/d 155xi
(OEM or REMAN)
HP Cyan Printhead, CP
HP C4921A 116010J
d125xi/d135xi/d145/d 155xi $35.50
(OEM or REMAN)
HP Magenta Printhead, CP
HP C4922A 116010J
Id125Xi/d135Xi/d 145/d 155xi $35.50
(OEM or REMAN) .
IHP Yellow Printhead, CP
HP C4923A 116010J
d 125xi/d 135xi/d 145/d 155xi $35.50
[OEM or REMAN)
HP C9704A HP Color LaserJet 2500,
Imaging Drum (OEM) $168.50
IHP C9703A HP Color LaserJet 2500, Yellow 1 $96.9~
(OEM)
[HP C9701A H P Color Laser Jet 2500, Cyan I $96.9~
(OEM)
!HP C9702A [HP Color Laser Jet 2500, $96.9~
Magenta (OEM)
IHP C9700A IHP Color LaserJet 2500, Black $80.50[
(OEM)
[HP C4195A [HP Color Laser Jet 4550, Drum
Kit (OEM) $80.50
HP Part Number: 110V-C9735A HP Color LaserJet 5500, Image $249.00
Fuser Kit (OEM)
220V-C9736A HP 2500 Fuser Kit (OEM) $260,00 (w/exchange;
(REMAN) $204.00 (no exchange]
HP C9734A ~P Color LaserJet 5500, Image
ransfer Kit (OEM) $199.00
HP C9733A HP Color LaserJet 5500,
Magenta (OEM) $296.00
HP C9732A HP Color LaserJet 5500, Yellow
(OEM) $296.00
HP C9731A HP Color LaserJet 5500, Cyan
(OEM) $296.00
HP C9730A HP Color LaserJet 5500, Black
(OEM) $211.00
IFuser Kit HP 120V C4197A IHP Color LaserJet 4550, Fuser I $241 .001
Kit (OEM or REMAN)
HP C4196A ~P Color LaserJet 4550,
ransfer Kit(OEM or REMAN) $210.00
HP C9720A HP Color LaserJet 4600, Black
(OEM) $146.00
HP C9721A HP Color Laser Jet 4600
Cyan(OEM) , $197.00
HP C9722A rP Color LaserJet
600,Yellow(OEM) $197.00
HP C9723A HP Color Laser Jet
4600,Magenta(OEM) $197.00
HP C9725A 11 OV -lP Color LaserJet 4600, Fuser
I (it(OEM or REMAN) $268.00
IHP C9724A ~P Color LaserJet 4600, $215.001
ransfer Kit (OEM or REMAN)
HP Q1339A HP LaserJet 4300 (OEM)
$195.00
HP C4844A
$33.50
HP C6656AN HP Deskjet 5150, 5550, 5650
5850, ' $23.50
HP Q5949X HP 1320 Black(OEM)
$128.00
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
June 26, 2007
SUBJECT:
AccelalPermits Plus Maintenance Agreement
RECOMMENDATION: That the City Council authorize the purchase of the annual
maintenance support agreement for the following AccelalPermits Plus Applications: Permits Plus
Base, Client Server, Workflow, and Wireless Modules, for the total amount of $34,713.99.
BACKGROUND: The City has been using Accela for over ten years to centralize and
automate its land and permit management activities. With the addition of Accela Wireless, the City
provides its inspection teams with mobile technology to shift daily tasks from the office to the field.
The Permits Plus Application suite is a Windows-based environment that interacts with Microsoft
SOL databases and complies with State and Federal regulations. This product is a proprietary
application and may only be obtained from Accela, Inc.
FISCAL IMPACT: $34,713.99 has been budgeted in the 2007-08 Fiscal Year Information
Systems Internal Services Fund Budget.
ATTACHMENTS:
AccelalPermits Plus Software Maintenance Agreement
AGREEMENT FOR
SOFTWARE MAINTENANCE
BETWEEN THE CITY OF TEMECULA AND ACCELA, INC.
This Maintenance Agreement ("Agreement") is made as of July 1, 2007, by and
between the City of Temecula ("City"), a municipal corporation, and Accela, Inc. ("Vendor"). In
consideration of the mutual covenants and promises contained herein, the parties agree as
follows:
1. Software Maintenance. On and subject to the terms and conditions
set forth in this Agreement and the attached Exhibit A Contract Documents, Vendor agrees
to provide to the City Software Maintenance for a period of one (1) year as more particularly
described in Exhibit A of this Software Maintenance Agreement, attached hereto and
incorporated herein as though set forth in full (hereafter "Software Maintenance"). Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged
in providing similar services as are required of Vendor hereunder in meeting its maintenance
obligations under this Agreement.
2. Contract Amount. The Contract Amount which City agrees to pay to
Vendor for Software Maintenance is Thirty Four Thousand Seven Hundred Thirteen Dollars
and Ninety Nine Cents ($34,713.99) based on the Vendor's price listing Exhibit B to attached
hereto and incorporated herein as through set forth in full. The City and Vendor shall negotiate
pricing for each additional year based on the number of licenses.
3. Reoresentations and Warranties of Vendor. Vendor makes the
following representations and warranties to City:
a. Authoritv and Consents. Vendor has the right, power, legal
capacity and authority to enter into and perform its obligations under this
Agreement. No approvals or consents of any persons are necessary in
connection with Vendor's execution, delivery and performance of this Agreement,
except for such as have been obtained on or prior to the date hereof. The
execution, delivery and performance of this Agreement by Vendor have been
duly authorized by all necessary action on the part of Vendor and constitute the
legal, valid and binding obligations of Vendor, enforceable against Vendor in
accordance with their respective terms.
b. Title. License and Ooerating Condition. Vendor is the owner of the
Software, and has good and marketable title and license to all of the Software.
Vendor is also the only entity who can perform Maintenance of the Software, and
associated modules. Vendor shall grant to the City a non-exclusive license to use
the Software for the purpose in accordance with the terms and on the conditions
set forth in this Agreement. Vendor will provide software maintenance and
support to all licensed users of Permits Plus - Base, Office Link, Client
Server, Work Flow, and Accela Wireless. In consideration for the software
maintenance fee, as outlined in Exhibit B. The City is relying on Vendor's
warranties that the Software will be maintained and fit for this purpose and the
ordinary purposes for which this Software is normally used.
c. Full Disclosure. None of the representations and warranties made
by Vendor in this Agreement contains or will contain any untrue statement of a
material fact, or omits to state a material fact necessary to make the statements
made, in light of the circumstances under which they were made, not misleading.
4. Term. This Agreement shall commence on June 26, 2007, and shall
remain and continue in effect until June 25, 2008, unless sooner terminated pursuant to the
provisions of this Agreement.
5. Acceotance. Acceptance testing of the maintenance shall be jointly
performed by the Vendor and City for the software program described in Exhibit A.
6. Indemnification. Vendor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees, agents and volunteers from and against any
and all claims, demands, losses, damages, costs and liability of any kind or nature which the
City, its officers, officials, employees, agents or volunteers may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of or
from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the
sole negligence of the City.
7. Contract Documents.
a. This Agreement includes the following documents, which are by
this reference incorporated herein and made a part hereof: Maintenance
Agreement attached hereto as Exhibit A.
b. Cost per pricing listed on Exhibit B
c.. In the event any term or condition of the Contract Documents
conflicts with or is contradictory to any term or condition of the Agreement, the
terms and conditions of this Agreement are controlling.
8. Remedies. The remedies and rights conferred on the City by this
Agreement are in addition to and cumulative with all other remedies and rights accorded the
City under law or equity.
9. Survival of Reoresentations and Warranties. All representations,
warranties, covenants and agreements of the parties contained in this Agreement shall survive
the execution, delivery and performance of this Agreement.
10. Leaal Resoonsibilities. The Vendor shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Agreement. The Vendor shall at all times
observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply
with this section.
11. Assianment. This Agreement may not be assigned by Vendor without
the express written consent of City. This Agreement shall be binding on, and shall inure to the
benefit of, the parties to it and their respective heirs, legal representatives, successors and
assigns.
12. Severability,. If any provIsion of this Agreement is held invalid or
unenforceable by any court of final jurisdiction, it is the intent of the parties that all other
provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the
parties.
13. Prohibited Interest. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during hislher tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or
employee of the City of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's
sub-contractors on this project. Contractor further agrees to notify the City in the event any such
interest is discovered whether or not such interest is prohibited by law or this Agreement.
14. Entire Aareement: Modification: Waiver. This Agreement constitutes
the entire agreement between the parties pertaining to the subject matter hereof and thereof
and supersedes all prior and contemporaneous agreements, representations and
understandings of the parties, whether oral or written. No supplement, modification or
amendment of this Agreement or the Contract Documents shall be binding unless executed in
writing by all the parties. No waiver of any of the provisions of this Agreement or the Contract
Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not
similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the party making the waiver.
15. Notices. All notices, requests, demands, and other communications
under this Agreement shall be in writing and shall be deemed to have been duly given on the
date of service if served personally on the party to whom notice is to be given, or on the third
business day after mailing if mailed to the party to whom notice is to be given, by first class mail,
registered or certified, postage prepaid, or on the first business day after being deposited with
an overnight carrier for delivery the next business day, and properly addressed as follows:
To City:
City of Temecula
43200 Business Park Drive
Temecula, California 92589
Attn: City Manager
To Vendor:
Accela, Inc.
1731 West Walnut Avenue
Visalia, California 93277
Attention: Angela Fish
Any party may change its address for purposes of this paragraph by giving the
other parties written notice of the new address in the manner set forth above.
16. Effects of Headinas. The subject headings of the sections and
subsections of this Agreement are included for convenience only and shall not affect or be
considered in the construction or interpretation of any of its provisions.
17. Governina Law. This Agreement shall be construed in accordance with,
and governed by, the laws of the State of California as applied to contracts that are executed
and performed entirely in California.
18. Warrantv Apainst Proorietv Infrinaement. Vendor warrants that it is
lawfully entitled to provide City with the Software and is therefore, the only Vendor authorized
and trained to provide software maintenance, support, and all other materials and configurations
referred to in this agreement hereof. Vendor shall indemnify, defend, and hold free and
harmless City from and against any and all claims, liabilities andlor judgments based upon or
arising out of any allegation that any aspect of the software licensed to City or maintenance
performed against software for the City infringes a United States patent, trademark, copyright or
other intellectual property or propriety right, or constitutes a misappropriation of a trade secret
provided (i) that City promptly notifies Vendor in writing that such claim or suit has been
received by the City; (ii) that Vendor has the right to assume the defense of such claim or suit
with counsel selected by Vendor and at Vendor's sole cost; (iii) that Vendor receives City's
cooperation in the defense of such claim or suit; (iv) that Vendor shall have the right to settle
such claim or suit at its expense, andlor procure the right for City to continue to use the software
purchased, as well as, procure maintenance and support for said software in such a fashion as
to eliminate any infringement or misappropriation, subject to the City's satisfaction, and (v) that
Vendor and City shall have the right, in the event that such cure is not reasonably available, to
terminate this Agreement, subject to Vendor's refunding seventy-five (75%) of any prepaid
maintenance fee's if terminated less than two (2) years of the date of Agreement, and fifty (50%)
if terminated between two (2) and five (5) years after date of Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on
the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Accela, Inc.
1731 West Walnut Avenue
Visalia, California 93277
Angela Fish
(925) 659-3200
By:
Name:
Title:
<A.CCt:.LA?
Remit To:
Accela, Inc
Dept. CH 17640
Palatine, IL 60055-7640
MR050885
5/21/2007
1
Bill To:
Temecula, CA - Cit of
Tim Thorson
Finance Department
P.O. Box 9033
Temecula CA 92589-9033
Ship To:
I Temecula, CA _ Cit of
Tim Thorson
Finance Department
P.O. Box 9033
Temecula CA 92589-9033
TEMECULA,CA
04-2005
"
I MAIL
, .1,
6/20/2007 I Net 30
25,00 $491,65 $0.00 $12.291,20
25,00 $202.03 $0.00 $5,050,80
10.00 $1,499.83 $0.00 $14,998.30
25.00 $43.15 $0.00 $1,078.70
PP _MAl NT_PERMITS PLUS
PP _MAINT _PERMITS PLUS
AW_MAINT_WIRELESS
PP _MAINT _PERMITS PLUS
PP_MAINT_PERMITS PLUS
PP _MAl NT_CLIENT SERVER
AW_MAINT_ACCELA WIRELESS
PP _MAINT_OFFICE LINK, EST,10833
The Maintenance Fee's are for the period:
July 1, 2007 to June 30, 2008.
CA State Sales Tax has been calculated
on 50% of total Maintenance Fees.
Please direct invoice inquiries to Jesse Galvan.
(925) 659-3200 or jgalva~@acce]a.com
WIRING INSTRUCTIONS
BANK: Silicon Valley Bank
ABA: 121140399
Account: 33-003-57-626
For Credit Of: ACCELA,INC.
$33.41 g.OO
$0.00
$1.294.99
~p.OO
$0.00
$34, 713.99 I
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ITEM NO.7
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
June 26, 2007
SUBJECT:
Eden Software Support Agreement
RECOMMENDATION:
That the City Council:
1. Approve the purchase of annual Financials and Payroll Software Support from Eden
Systems, Inc., for the Fiscal Year 2007/08 for the total amount of $32,570.31.
2. Authorize the City Manager to approve the contingency amount of $3,257.03, which
is equal to 10% of the contract amount.
BACKGROUND: The City currently uses the Eden suite of application modules for fund
and encumbrance accounting to include payroll. The approval of this request would authorize the
annual support of this software. These financial and Human Resources modules provide the City
with ultimate control of its financial processes. The Eden FinanciallHR Application suite is a
Windows-based environment that interacts with Microsoft SOL databases and complies with state
and federal regulations. This product is a proprietary application and can only be obtained from
Eden Systems Inc.
FISCAL IMPACT: Adequate funds are available in the 2007-08 Fiscal Year Budget for
the Information Systems Internal Services fund.
ATTACHMENTS:
Software Support Agreement
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-systems lBO!m~_
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THIS AGREEMENT, made and entered into by and
between Eden Systems, Incorporated (hereinafter
"Licensor"), a corporation duly authorized and
existing under the State of Washington and having
its principal offices at 507 Industry Drive, Seattle,
Washington 98188, and the City of Temecula,
(hereinafter "Licensee-), a government organization
having its principal offices at 43200 Business Park
Drive, Temecula, Califomia 92590.
Licensor desires to grant to Licensee, and
Licensee desires to acquire from Licensor a non-
exclusive right and license to use certain computer
software as hereinafter defined. Both parties agree
they are able to comply with and will satisfy the
terms and conditions as set forth in this
Agreement Both parties, intending to be legally
bound, agree to the following:
SECTION 1 - DEFINITIONS
The definition of terms set forth in this section shall
apply when such terms are used in this Agreement,
its exhibits, and any amendments:
1.1 "Licensed Program." The computer program
specifically identified within the Exhibits herein as
applications within the /nForum Go/d™,
/nForum™, or Command Series™ product lines,
including object code, as well as related procedural
code, and documentation of any type which
describes it.
1.2 "Licensed Documentation." The system
and other documentation made available by
Licensor, for the Licensed Program.
1.3 "Enhancements." Changes or additions,
other than Maintenance Modifications, to the .
Licensed Program or Licensed Documentation that
add significant new functions or substantially
improved performance thereto by changes in
system design or coding.
1.4 "Error." Problem caused by incorrect
operation of the computer code of the Licensed
Program or an incorrect statement or diagram in
Licensed Documentation that produces incorrect
results or causes incorrect actions to occur.
1.5 "Error ConGctlon." Eithor a software
modification or addition that, when made or added
to the Licensed Program, establishes material
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conformity of the Licensed Program to the
Licensed Documentation, or a procedure or routine
that, when observed in the regular operation of the
Licensed Program, eliminates the practical adverse
effect on Licensee of such non-conformity.
1.6 "Maintenance Modifications." Modifications
or revisions to the Licensed Program or Licensed
Documentation that correct Errors.
1.7 "Specifications." The functional performance
parameters of the Licensed Program effective on
the date of this Agreement, as set forth in Licensed
Documentation.
1.8 "Proprietary Information." Unpublished
"know-how" and "trade secrets- which shall include,
without limitation, computer programs, program
designs, algorithms, subroutines, system
specifications, test data, charts, graphs, operation
sheets, and all other technical information, owned
by Licensor or under its control, relating to the
development and production or use of the Licensed
Program and the design, configuration,
programming, and protocol of the Licensed
Program.
1.9 "Normal Working Hours." The hours
between 8AM and 5PM PST (Pacific Standard
Time), on the days Monday through Friday,
excluding regular1y scheduled holidays of Licensor.
1.10 "Releases." New versions of the
Licensed Program, as specified by Licensor, which
new versions may be prompted by Error
Corrections and/or Enhancements.
1.11 "Support Agreement Term." A fiscal
year, commencing on January 1 and ending on
December 31, during which support and services
are provided subject to the terms and conditions
set forth in Section 9, Software Support.
SECTION 2 - GRANT OF LICENSE
2.1 Scope of License. Subject to compliance by
Licensee with the terms hereof, Licensor hereby
grants to Licensee, in perpetuity unless terminated
as provided herein, a personal, noli-exclusive,
nontransferable license (without the right of
sublicense), to:
L Install, use, and execute the
Licensed Program on computers owned
or leased and used by Licensee at its
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facilities, for up to the number of
concurrent users specified In this
Agreement In exhibit A 1, for the sole and
express purpose of supporting the Intemal
business activities of Licensee; and
It, Use the Licensed Documentation
only in conjunction with installation and
use of the licensed Program.
2.2 Delivery of Materials. Licensor shall deliver
one copy of the Licensed Program and Licensed
Documentation to Licensee within a reasonable
time following final execution of this Agreement
2.3 Minimum Hardware and Software
Requirements. Licensee acknowledges that in
order to be executed, Licensee's computers must
meet or exceed the minimum published hardware,
software, and communication requirements for the
Licensed Program. Licensee agrees such
requirements are subject to change, and that future
versions of the Licensed Program may have
different hardware and software requirements that
those presently in effect. The acquisition of
necessary hardware, software, and
communications equipment meeting the
requirements then in effect shall be the sole
responsibility of Licensee. Licensee acknowledges
that Licensor software support does not cover third
party software unless otherwise specified.
2.4 Necessity for Third-party Software.
Licensee acknowledges that in order to be
executed, the Licensed Program requires certain
third-party software not provided by licensor. The
acquisition of necessary licenses and support for
this software shall be the sole responsibility of
Licensee. Licensee acknowledges that Licensor
software support does not cover third party
software unless otherwise specified.
2.5 Assignment of Rights In Licensee
Maintenance Modifications and Enhancements.
All right, title, and interest in all Maintenance
Modifications and Enhancements developed by
Licensee during the term of this Agreement
remains with Licensor. Licensee agrees that such
Maintenance Modifications and Enhancements
shall be used by Licensee, and will not be
distributed or otherwise made available to any third
party other than Licensor.
2.6 Availability of Licensor Enhancements.
Licensor agrees to offer to Licensee a license to
Enhancements that Licensor develops and offers
generally to licensees of the Licensed Program
aCCOrding to the terms under Section 9.1_b.
2.7 Licensee Notification and Delivery of
Materials. Licensee shall notify and deliver to
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Licensor one copy of any Maintenance
Modifications and Enhancements developed by
Licensee within a reasonable period after
development
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SECTION 3 - TITLE TO MATERIAlS
3.1 TItle to licensed Program and Licensed
Documentation. All right, title, and Interest In and
to the Licensed Program and Licensed
Documentation, Including the media on which the
same are fumlshed to Licensee, are and shall
remain with Licensor. Licensee acknowledges that
no such rights, title, or interest in or to the Licensed
Program and the Licensed Documentation is
granted under this Agreement, and no such
a$sertion shall be made by Licensee. Licensee is
granted only a limited right of use of the Licensed
Program and Licensed Documentation as set forth
herein, which right of use is not coupled with an
interest and is revocable in accordance with the
terms of this Agreement.
3.2 TItle to Enhancements and Maintenance
Modifications; Restrictions on Use, Disclosure,
Access, And Distribution. All right, title, and
interest In and to any Enhancements and
Maintenance Modifications developed by either
Licensor or by Licensee shall be and remain with
the Licensor. Licensee shall treat all such
Enhancements and Maintenance Modifications in
accordance with the restrictions and limitations set
forth herein respecting Licensed Programs 'and
Licensed Documentation.
I
SECTION 4 - FEES AND PAYMENTS
4.1 License Fee. In consideration of the
licenses granted hereunder, Licensee shall pay
Licensor a one-time license fee as well as
other associated costs as further defined in
Exhibit A 1, attached hereto.
4.2 Software Support. Software Support is
subject to the terms and conditions of Section
9, Software Support, and may be offered, at
the licensor's sole option, on a year by year
basis.
4.3 Per Diem. Charges for meals and
Incidental expenses associated with the delivery of
the Licensed Program will be charged on a per
diem basis. The rate for such per diem shall be the
maxlmum meals and incIdental expenses aI/owed
for Licensee's locality as specified in 41 CFR
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Section 301 Appendix A of the code of Federal
Regulations.
4,4 Other Costa. Other costs, including but not
limited to airltrainltaxi fare, charges for reasonable
and normal travel time to and from the customer
site, parking, freight costs, reproduction charges,
and other incidental expenses incurred by Licensor
on account of this Agreement, shall be billed to the
Licensee.
4.5 Administrative Fee. Licensor shall have the
right to charge Licensee a 5% administrative fee
for all invoices which are over 30 days past due.
4.6 Payment. Payment for all fixed fees and
charges shall be in accordance with the payment
schedule set forth in Exhibit B - BlllinglPayment
Schedule. Payment for all estimated fees and
charges shall be in accordance with the terms and
conditions set forth In Exhibits D - Services and E -
Committed Modifications.
4.7 Taxes. The fees and charges specified in this
section are exclusive of any federal, state, or local
excise, sales, use, and similar taxes assessed or
imposed with respect to the service and support
provided hereunder. Licensee shall pay any such
amounts upon request of Licensor accompanied by
evidence of imposition of such taxes.
SECTION 5 - PROPRIETARY PROTECTION OF
MATERIALS
5.1 Acknowledgment of Proprietary Materials;
Limitations on Use. Licensee acknowledges
that the Licensed Program and Licensed
Documentation are unpublished works for
purposes of federal copyright law and embody
valuable confidential and secret information of
Licensor, the development of which required
the expenditure of considerable time and
money by Licensor. Licensee shall treat the
Licensed Programs and Licensed
Documentation in confidence and shall not
use, copy, or disclose, nor permit any of its
personnel to use, copy, or disclose the same
for any purpose that Is not specifically
authorized under this Agreement. In the event
of a public records request for the Licensed
Program and Licensed Documentation,
Licensee shall promptly provide a copy of such
request to Licensor so that it has at least seven
business days from Licensor's receipt of such
copy in which to seek an order restraining the
Licensee from disclosing the Licensed
Program and Documentation pursuant to such
public records request. If Licensor does not
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obtain a restraining order within such period of
time, Licensee may disclose the Licensed
Program and Licensed Documentation
pursuant to such public request as Licensee
deems appropriate.
5.2 Secure Handling. Except for copies of the
Licensed Program Installed and operated upon its
computers as permitted hereunder, Licensee shall
require that the Licensed Program and Licensed
Documentation be kept on Licensee's premises
which shall be maintained in a manner so as to
reasonably preclude unauthorized persons from
gaining access thereto, and Licensee shall permit
access only as necessary for either party's use
thereof in accordance with the terms of this
Agreement.
5.3 Proprietary Legends. Licensee shall not
permit anyone other than Licensor to remove any
proprietary or other legend or restrictive notice
contained or included in any material provided by
Licensor.
5.4 Reproduction of Licensed Documentation.
Licensee may reproduce the Licensed
Documentation provided by Licensor, provided that
such reproductions are for the private internal use
of Licensee, and all such reproductions bear
Licensor's copyright notices and other proprietary
legends.
5.5 Injunctive Relief. Licensee recognizes and
acknowledges that any use or disclosure of the
Licensed Program or Licensed Documentation by
Licensee in a manner inconsistent with the
provision of this Agreement may cause Licensor
irreparable damage for which remedies other than
injunctive relief may be Inadequate. In the event of
such a violation of tbls Agreement Licensor shall
be entitled, upon application to a court of
competent jurisdiction, to a temporary restraining
order or preliminary injunction, to restrain and
enjoin Licensee from such violation, without
prejudice to any other remedies available to
Licensor.
5.6 Technical Protections. Licensor may from
time to time prescribe password protection as an
additional security measure for the Licensed
Program, and Licensee shall cooperate with
Licensor in connection therewith.
5.7 Survival of Terms. The provisions of
Sections 5.1 through 5.6 shall survive termination
of this Agreement for any reason.
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SECTION 8 . LIMITED WARRANTY, LIMITATION
OF LIABILITY, AND INDEMNITY
6.1 Limited Warranty Against Infrtngement
Licensor warrants that the licensed Program and
Licensed Documentation as delivered to Licensee
do not Infringe any third-party rights In patent,
copyright, or trade secret In the United States.
6.2 Limited Warranty of Confonnlty. Licensor
warrants, for the benefit only of Licensee, that for
the life of the Agreement, the Licensed Program
will conform In all material respects to the Licensed
Documentation (except for modifications made by
Licensee or by Licensor at the request of
Licensee), but only If Licensee maintains
uninterrupted Software Support as described in
Section 9. Licensor assumes no responsibility for
obsolescence of the Licensed Program nor for lack
of conformity occurring from Licensee's failure to
update the LJcensed Program with distributed
Enhancements, Maintenance Modifications, or
Error Corrections.
6.3 exclusive Remedy. As the exclusive remedy
of Licensee for any nonconfonnlty or defect
constituting an Error in the Licensed Program for
which Licensor is responsible, Licensor shall use
commercially reasonable efforts to provide
Maintenance Modifications with respect to such
Error. However, Licensor shall not be obligated to
correct, cure, or otherwise remedy any Error in the
Licensed Program resulting from any (1)
modification of the Licensed Program by Licensee,
or (2) failure of Licensee to notify Licensor of the
existence and nature of such nonconfonnity or
defect promptly upon its discovery.
6.4 Disclaimer. EXCEPT AS SPECIFICALLY
SET FORTH HEREIN, LICENSOR MAKES NO
WARRANTIES, WHETHER EXPRESS OR
IMPLIED, REGARDING OR RELATING TO THE
LICENSED PROGRAM OR LICENSED
DOCUMENTATION OR TO ANY OTHER
MATERIALS FURNISHED OR PROVIDED TO
LICENSEE HEREUNDER. LICENSOR
SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO SAID MATERIALS OR THE USE
THEREOF.
6.5 Limitation of Liability. EXCEPT WITH
RESPECT TO LIABILITY ARISING FROM
CLAIMS OF INFRINGEMENT OF THIRD-PARTY
RIGHTS IN THE UNITED STATES IN
COPYRIGHT, TRADE SECRET, OR PATENT, IN
NO EVENT SHALL LICENSOR BE LIABLE
UNDER ANY CLAIM, DEMAND, OR ACTION
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ARISING OUT OF OR RELATING TO ITS
PERFORMANCE OR LACK THEREOF UNDER
THIS AGREEMENT FOR ANY SPECIAL,
INDIRECT, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, WHETHER OR f'iOT LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
CLAIM, DEMAND, OR ACTION.
6.6 Llcens.. IndemnlflcaOon. Licensee shall
and does hereby agree to indemnify, hold
hannless, and save Licensor from liability against
any claim, demand, loss or action (1) resulting from
licensee's use or modification of the licensed
Program and Licensed Documentation and (2)
alleging that any Maintenance Modifications made
by Licensee Infringe any third-party rights in the
United States respecting copyright, trade secret, or
patent.
6.7 Licensor IndemnlflcaOon. Licensor shall and
does hereby agree to indemnify, hold hannless,
and save Licensee from liability against any claim,
demand, loss, or action alleging that the Licensed
Program and Licensed Documentation or any
Maintenance Modifications or Enhancements made
by Licensor infringe any third-party rights in the
United States respecting copyright, trade secret, or
patent.
6.8 Survival of Tenna. The provisions of
Sections 6.1 through 6.7 shall survive termination
of this Agreement.
SECTION 7 . TERM AND TERMINATION
7.1 Tenn. This Agreement shall commence on the
date and year contained herein and shall continue
until tenninated in accordance with the tenns
thereof. ~
7.2 TennlnaOon by Either Party. Either party
may tenninate this Agreement upon 60 days
written notice to the other party if the other party
commits a breach of any tenn hereof and fails to
cure said breach within that 60-day period. Such
notice shall set forth the basis of the tennination.
7.3 Actions Upon Tennlnatlon. Upon termination
of this Agreement for any reason, Licensee shall
Immediately cease use of, and retum forthwith to
Licensor, the Licensed Program and Licensed
Documentation, and any copies or portions thereof,
including Maintenance Modifications or
Enhancements.
SECTION 8 - MISCELLANEOUS
8.1 Entire Agreement. This Agreement
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constitutes the entire Agreement between the
parties and supersedes all proposals,
presentations, representations, and
communications, whether oral or In writing,
between the parties on this subject. Neither party
shall be bound by any warranty, statement, or
representation not contained herein. In the event
of any conflict in the terms and conditions of this
Agreement, the documents shall control In the
following order:
.. This Software License and Use
Agreement;
b. Licensor's Response to Licensee's
Request for Proposal, If applicable;
c. Licensee's Request for Proposal, if
applicable.
8.2 No Assignment. Licensee shall not sell,
transfer, assign, or subcontract any right or
obligation hereunder without the prior written
consent of Licensor. Any act In derogation of the
foregoing shall be null and void; provided, however,
that any such assignment shall not relieve
Licensee of its obligations under this Agreement.
8.3 Force Majeure. Excepting provisions of this
Agreement relating to payment of license fees, and
protection of Licensor's Proprietary Information,
neither party shall be In default of the terms hereof
if such action is due to a natural calamity, or similar
causes beyond the control of such party.
8.4 Governing Law. This Agreement shall be
governed by and construed in accordance with the
laws of the State of California.
8.5 Severability. If any provision of this
Agreement Is held by a court of competent
jurisdiction to be contrary to law, the remaining
provisions of this Agreement will remain in full force
and effect.
8.6 Notice. Any notice required or permitted to be
made or given by either party under this Agreement
shall be made in writing and delivered by hand or
by certified mail, postage prepaid, addressed as
first set forth above or to such other address as a
party shall designate by written notice given to
other party.
8.7 Acceptance Testing. Within ten (10)
business days of Licensor's notification to Licensee
that the Licensed Program or portion thereof Is
installed and the applicable training administered,
Licensee shall begin performance of Acceptance
Testing, for the sole and express purpose of
determining whether the Licensed Program
operates as described in the Licensed
Documentation. Licensee must complete such
Acceptance Testing within thirty (30) days of
Page 5
f
commencement of testing. The passage of the
thirty (30) day testing period without official written
notification from Licensee to Licensor that module
of Licensed Program has failed Acceptance
Testing Indicates that the module Is accepted and
that any portion of the license fees attached to
Licensed Program's acceptance are due and
payable.
8.8 Failure of Acceptance Testing, Retesting. If
the parties agree that the Licensed Program does
not successfully pass Acceptance Testing, the
Licensee shall notify Licensor In writing ("first notice
of fallure-) and shall specify with as much detail as
poSSible In which respects the Licensed Program
failed to pass the Acceptance Testing. Licensor
shall make such necessary corrections and
modifications in the Licensed Program to establish
a reasonable basis for additional Acceptance
Testing within a period of thirty (30) days from the
first notice of failure. Licensor shall notify Licensee
when such retesting can begin and the Licensee
shall complete Acceptance Testing within a period
often (10) business days from the date of
notification. If the parties agree that the Licensed
Program continues to fail Acceptance Testing, the
Licensee shall notify Licensor in writing of the
Licensee's intention to terminate and if the Licensor
fails to remedy the defect within (60) days of
receipt of said notification, the Licensee has the
right, at its option, to terminate the Agreement by
giving written notice of such termination to the
Licensor. .
Upon the Licensee's termination of this Agreement
due to failure of the second Acceptance Test, the
Licensee shall promptly return the Licensed
Program and documentation and all related
materials to the Licensor.
8.9 Acts of Insolvency. The Licensee may
terminate this Agreement by written notice to the
Licensor if the Licensor becomes Insolvent, makes
a general assignment for the benefit of creditors,
suffers or permits the appointment of a receiver for
its business or assets, becomes subject to any
proceeding under any domestic bankruptcy or
insolvency law or publicly announces liquidation
proceedings.
8.10 Insurance. Licensor shall maintain for the
duration of the contract insurance against claims
for injuries to persons or damages to property
which may arise from or In connection with the
performance of the work hereunder by the Licensor
Its agents, representatives, or employees. The
IImlt5 of this Insurance shall be conslatent wIth the
limits established In Exhibit H. Licensor's Insurer
may provide complete, certified copies of all
required insurance policies, including
07/10/01
( )
endorsements effecting the coverage required by
the limits contained In exhibit H.
8.11 Equal Opportunity Employer. Licensor
shall not dlsaiminate In Its recruiting, hiring,
promotion, demotion, or tennlnation practices on
the basis of race, religious creed, color, national
origin, ancestry, sex, age, or physical handicap In
the perfonnance of this Agreement.
SECTION 9 - SOFTWARE SUPPORT
9.1 Scope of Service. Licensor shall render
support and services during Nonnal Working Hours
for the following:
L Telephone Support - Calls for
assistance related to operation of the
Licensed Program, reporting of a
potential error condition or abnonnal
termination of a program, or request
for minor assistance related to the
Licensed Program;
b. Support Enhancements - Selected
Enhancements, the nature and type of
which shall be detennined solely by the
Licensor. Such provision shall not
preclude Licensor from providing other
Enhancements of the Licensed
Program for license fees, training
charges, and other related service fees
and charges.
c. Source Code Maintenance. Library
of Licensed Program maintained by
Licensor for Licensee complete with
modifications authorized by Licensee
and performed by Licensor.
d. Software Warranty - If Licensee
obtains Software Support from
Licensor, and such Software Support
is in effect without interruption from
inception of this Agreement, then
Licensor will warrant the Licensed
Program to be free of errors for the life
of this Agreement.
9.2 Fees and Charges. Licensee shall pay
Licensor annual support charges based on an
annual rate detennined by Licensor at the
beginning of each Support Agreement Term. Such
annual rate shall be multiplied times the amounts
shown in exhibit A 1 under the column headed
"License Fee (Support Basis)" for each covered
product. No increase In the support rate shall be in
excess of 10% of the support rate for the prior
year. All annual support charges are due and
payable on or before the 11t working day of each
Page 6
(
Support Agreement Tenn. Failure to make such
payment shall constitute cancellation and
tennlnation of support by licensee and no further
service or support will be provided by Licensor.
9.3 Licensee Responsibilities. Licensee shall be
responsible for the procuring, Installing, and
maintaining all computer equipment telephone
lines, communications Interfaces, and other
hardware necessary to operate the Licensed
Program and to obtain from licensor the services
called for according to Licensor's then existing
policy.
9.4 Proprietary Rights. To the extent that
Licensor may provide Licensee with any Error
Corrections or Enhancements or any other
software, including any new software programs or
components, or any compilations or derivative
works of the Licensed Program prepared by
Licensor, Licensee may (1) install copies of the
Licensed Program adequate to serve the
concurrent users specified In this Agreement in
exhibit A 1, in the most current fonn provided by
Licensor, in Licensee's own facility; and (2) use
such Licensed Program in a manner consistent
with the requirements of the Agreement, for
purposes of serving LIcensee's internal business
needs. Licensee may not use, copy, or modify the
Licensed Program, or make any copy, adaptation,
transcription, or merged portion thereof, except as
expressly authorized by Licensor. The Licensed
Program is and shall remain the sole property of
Licensor, regardless of whether Licensee, its
employees, or contractors may have contributed to
the conception of such work, joined in the effort of
its development, or paid Licensor for the use of the
work product. Licensee shall from time to time
take any further action and execute and deliver any
further instrument, including documents of
assignment or acknowledgment, that Licensor may
reasonably request in order to establish and perfect
its exclusive ownership rights in such works.
Licensee shall not assert any right, title, or interest
in such works, except for the non-exclusive right of
use granted to Licensee at the time of Its delivery
or on-site development.
9.5 Disclaimer of Warranty and Limitation of
Liability. EXCEPT AS EXPRESSLY SET FORTH
HEREIN, LICENSOR EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES CONCERNING
THE SYSTEM OR THE SERVICES TO BE
RENDERED HEREUNDER, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF
MERCHANTABilITY OR FITNESS FOR A
PARTICULAR PURPOSE.
07/10/01
,.
(' )
9.6 Tennlnatlon of Support. Support may be
tennlnated as follows:
.. Upon the termination of the License
Agreement; or
b. Upon notification by either party to the
other, at the beginning of any Support
Agreement Term;
Co Upon 60 days' prior written notice If the
other party has materially breached the
provisions of this Agreement and has
not cured such breach within such
notice period.
IN WITNESS WHEREOF, the partIes have caused
this Agreement to be executed as set forth below.
[Licensee]
By: Shawryf /J!~I~o'}J
Signature:~. ~
Title: City Manager
Date:
Title:
Date:
Page 7
ATTEST:
pef!!HJ~
City Attorney
07/10/01
(-')
Eden Systems, Inc.
Software License and Use Agreement
Exhibits Section
Exhibit A - Eden Systems Dellverables
Exhibit 8 - Bl/llngIPayment Schedule
Exhibit C - ThIrd Party Products, Too's
Exhibit D - Services
Exhibit E - Committed Modifications
Exhibit F - Database Server
Exhibit G - ESRI Products and Services
Exhibit H -Insurance Certificate
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ITEM NO.8
II
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II
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Approvals
City Attorney
Director of Finance
City Manager
~~
/112.
ClI::L-
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 26, 2007
SUBJECT:
Acceptance of Grant Deed - Wolf Creek Linear Park South
PREPARED BY:
Cathy McCarthy, Development Services Administrator
RECOMMENDATION: That the City Council authorize acceptance of the Grant Deed for the
Wolf Creek Linear Park South, located in the Wolf Creek development and direct staff to proceed
with the necessary actions to cause the deed to be recorded.
BACKGROUND: Wolf Creek is a large Specific Plan development in the southern part
of the City east of Pechanga Parkway. As part of this project, the developer is conditioned to
construct and dedicate a 6.7 acre linear park to the City.
The south half of the linear park located on Wolf Creek Drive South between Pechanga Parkway
and Wolf Valley Road includes a tot lot, exercise stations, gazebo, picnic tables, benches and
walkways. All improvements have been completed to the satisfaction of the Community Services
Director. A policy of title insurance will be provided by the developer to accompany the transfer of
title to the City.
FISCAL IMPACT: Cost for maintaining Wolf Creek Linear Park South has been
estimated at $22,050 and is included in the Temecula Community Service District current budget.
ATTACHMENTS:
1) Grant Deeds
2) Vicinity Map
I
Wolf Creek Linear Park South
&
400 200 0
400 Feet
r\gis\kelli\arcmapproj\wolf creek linear park smith2.mxd
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ITEM NO.9
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Approvals
City Attorney
Director of Finance
City Manager
~f'""
/J1l
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Herman Parker, Director of Community Services
DATE:
June 26,2007
SUBJECT:
Amendment NO.4 to License Agreement with Safe Alternatives for Everyone
(SAFE)
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve Amendment NO.4 to the License
Agreement with Safe Alternatives for Everyone (SAFE).
BACKGROUND: Safe Alternatives for Everyone (SAFE) was established in 1998 to
help families suffering from abuse and violence. SAFE's goals are to help all children and
families in the Temecula Valley live in violence-free homes, schools and communities. SAFE
works with local law enforcement agencies, domestic violence agencies, local hospitals, schools
and community organizations to help families remove violence from their lives and deal with the
effects that violence has had on each family member's well being. Rather than deal with the
individual's involvement in a violent act, SAFE works in a case management capacity with the
entire family to ensure all family members utilize existing community services to "help families help
themselves". The S.A.F.E. program provides family case management, referral and resource
support, public education and family assessment.
The license agreement between the City and SAFE provides office facilities to the SAFE staff
at the Temecula Community center (TCC) located at 28816 Pujol Street. SAFE services and
client needs continue to increase along with the growth of the community. On January 25,2005, the
City Council approved Amendment NO.3 to the Agreement with SA. F. E. allowing the placement of
a modular unit in the TCC parking lot to provide additional space for administrative staff and
counseling services. The modular is a temporary solution to the need for additional space
necessary to provide services.
The City is currently working with SAFE in the design and construction of a facility at the TCC
location that will provide the permanent needed space for the provision of services to the
community. In the meantime, the term of the license agreement will expire on June 30, 2007. The
proposed amendment to the Agreement will extend the term of the license for three years to June
30,2010. The amendment also provides for the inclusion of SAFE's occupancy and use of the
permanent facility to be constructed at the TCC site as part of the license agreement.
The partnership between the City of Temecula and SAF.E. expands the human services offered
through the City and enhances our overall ability to provide needed services within the community.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
Everyone (SAF.E.)
Amendment NO.4 to the License Agreement with Safe Alternatives for
AMENDMENT NO. 4 TO LICENSE AGREEMENT
BETWEEN CITY OF TEMECULA AND SAFE
ALTERNATIVES FOR EVERYONE (S.A.F.E) FOR USE
OF REAL PROPERTY
THIS AMENDMENT NO.4 is made and entered into as of June 26, 2007 by and
between the City of Temecula, a municipal corporation ("City") and Safe Alternatives for
Everyone (SAFE), a California non-profit corporation ("Licensee"). In consideration of
the mutual promises and covenants contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. This Amendment is made with respect to the following facts and purposes
which each of the parties agrees to be true and correct:
a. On August 27, 2002, the City and Licensee entered into that
certain "License Agreement Between the City of Temecula and
Safe Alternatives for Everyone (SAFE) For Use of Real
Property." The Agreement provides for the use of a portion of the
Temecula Community Center for office space for the Licensee.
b. On February 11, 2003, the City and Licensee entered into that
certain "Amendment NO.1 to License Agreement Between the
City of Temecula and Safe Alternatives for Everyone (SAFE)
For Use of Real Property."
c. On May 25, 2004, the City and Licensee entered into that certain
"Amendment No. 2 to License Agreement Between the City of
Temecula and Safe Alternatives for Everyone (SAFE) For Use
of Real Property."
d. On January 25, 2005, the City and Licensee entered into that
certain "Amendment No. 3 to License Agreement Between the
City of Temecula and Safe Alternatives for Everyone (SAFE)
For Use of Real Property."
e. The Original License Agreement dated August 27, 2002 as
amended by Amendment No.1, Amendment No. 2 and
Amendment No.3, shall be known collectively as the
"Agreement."
f. The parties now desire to amend the Agreement again in order to
provide for Licensee's use of permanent facilities to be build on
the Temecula Community Center site at 28816 Pujol Street and to
extend the term of the Agreement.
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2. Section 2 of the Agreement is amended to read as follows:
"2. Richt to Use Portion of Communitv Center. City hereby
grants a license to Licensee to use that portion of the Community
Center described on Exhibit A, attached hereto and incorporated
herein, for the Licensee's offices ("Office Space"), subject to the
terms and conditions of this Agreement. The City shall have the
Office Space keyed separately from the remainder of the
Community Center. The City shall have the right to use the
conference room, which is a part of the Office Space so long as its
use does not interfere with the use of the Office Space by the
Lessee. In addition, the Licensee shall have the right to install a
temporary modular building on the site of the Community Center
at the location shown on Exhibit S, attached hereto and
incorporated herein, subject to the terms of this Agreement. The
temporary modular building shall not exceed a width of twelve feet
(12'), a length of sixty feet (60'), and a height of twelve feet (12')
and, for the purposes of this Agreement, shall be considered a
part of the Office Space. Licensee shall obtain all applicable
permits and approvals from the City of Temecula and nothing in
this Agreement shall be construed as approval of any such
permits. Licensee shall be responsible for all costs of the
temporary modular building and its installation and shall defend,
indemnify and hold the City harmless, pursuant to Section 5, from
any liens which may attach to the Community Center site arising
from the temporary modular building.
City and Licensee acknowledge that City intends to build a
permanent facility within the Community Center property which
shall replace the current Office Space and become the new Office
Space within the Agreement. Licensee shall cause the temporary
modular building to be removed from the site within 30 days of the
completion of the permanent Office Space or within such time as
deemed appropriate by the Director of Community Services or
his/her designee. Upon Licensee's occupancy of the new
permanent facility and removal of the temporary modular building,
the new permanent facility shall become the Office Space."
3. Section 3 of the License Agreement is amended to read as follows:
"3. Term of License to Use Office Soace. License shall
have the right to use the Office Space pursuant to this Agreement
from the August 27, 2002 until June 30, 2010. Either party may
terminate this Agreement for any reason by providing a sixty (60)
day written notice of termination to the other party."
4. Except as otherwise set forth in this Fourth Amendment, all other terms of
the License Agreement remain in full force and effect.
1111
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IN WITNESS WHEREOF, this Amendment NO.4 has been executed on behalf of
the parties as of the date first written above.
SAFE ALTERNATIVES
FOR EVERYONE (S.A.F.E.)
a California non-profit corporation
CITY OF TEMECULA, a municipal
corporation
Melissa Donaldson
Executive Director
Chuck Washington
Mayor
Attest:
James Domenoe
President
Susan W. Jones, MMC
City Clerk
Approved as to form:
Peter M. Thorson
City Attorney
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ITEM NO.1 0
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
IJIl
CJu.-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
Herman D. Parker, Director of Community Services
DATE:
June 26, 2007
SUBJECT:
Amendment NO.5 to Agreement with LPA, Inc. for Architectural Services -
Temecula Public Library Project No. PWOO-07
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve Amendment NO.5 to the Agreement
with LPA, Inc. in an amount not to exceed $18,848 to provide necessary construction support
services to complete the Temecula Public Library.
BACKGROUND: On December 14,1999, the City Council approved an agreement with
LPA, Inc. for schematic design, design development and construction drawings and services for the
Temecula Public Library in the amount of $738,71 O. On March 20, 2002, Amendment NO.1 in the
amount of $25,000 was approved for assistance in the preparation of the Library Grant Application.
On April 12, Amendment NO.2 in the amount of $18,500 was approved for plan revisions required
during the grant application process. Amendment NO.3 was approved on June 2, 2004 in the
amount of $156,000 for changes to the plans requested by the Office of Library Construction and
the Department of State Architect. On August 22, 2006 the Council approved Amendment NO.4 in
the amount of $98,511 for furniture, fixtures and equipment procurement support, additional
construction services assistance, and additional miscellaneous services.
The original Agreement and prior Amendments provided for the architect to make weekly visits to
the site during construction. The construction period lasted longer than anticipated and
necessitated additional visits to the site. The architect devoted a full day, including travel time, to the
project. His presence was essential to the interpretation of the plans and specifications, acceptance
or rejection of materials and/or workmanship, integration of multiple and complex systems, and other
construction details. The proposed Amendment NO.5 covers the cost of additional construction
support services.
FISCAL IMPACT: The total cost of Amendment NO.5 is $18,848. Sufficient funds for
this amendment are available in Account 210.199.129.5802.
ATTACHMENTS:
Amendment NO.5
FIFTH AMENDMENT TO AGREEMENT 99-287
BETWEEN CITY OF TEMECULA AND
LPA, INC.
TEMECULA PUBLIC LIBRARY
PROJECT NO. PWOO-07
THIS FIFTH AMENDMENT is made and entered into as of June 26, 2007 by and
between the City of Temecula, a municipal corporation ("City") and LPA, Inc.
("Consultant"). In consideration of the mutual covenants and conditions set forth herin,
the parties agree as follows:
1.
purposes:
This Amendment is made with respect to the following facts and
A. On December 14, 1999 the City and Consultant entered into that
certain agreement entitled "City of Temecula Agreement for design services for the
Temecula Public Library ("Agreement") in the amount of $738,710.00.
B. The Agreement was amended on March 20, 2002 in the amount
of $25,000.00, on April 12, 2002 in the amount of $18,500, on June 22, 2004 in the
amount of $156,000.00, and again on August 22, 2006 in the amount of $98,511.00, for
a total Agreement amount of $1,036,721.00.
C. The parties now desire to increase the payment for additional
design and construction detail services in the amount of $18,848.00 and amend the
Agreement as set forth in this Amendment.
2. Section 1 of the Agreement is hereby amended as follows:
"1. TERM. This Agreement shall commence on December 14,
1999, and shall remain and continue in effect until tasks described herein are completed,
but in no event later than December 31, 2007, unless sooner terminated pursuant to the
provisions of this Agreement."
3. Section 4 of the Agreement is hereby amended as follows:
"4 PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B for services described in
Section B of Exhibit A, attached hereto and incorporated herein by this reference as
though set forth in full. The fifth amendment amount shall not exceed $18,848.00 for
additional design and construction detail services for a total agreement amount of
$1,055,569.00."
4. Exhibit B the Agreement is hereby amended by adding thereto the items
set forth on Attachment "A" to this Amendment, which is attached hereto and
incorporated herein as though set forth in full.
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5. Except for the changes specifically set forth herein, all other terms and
conditions of the Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved as to Form:
Peter M. Thorson, City Attorney
CONSULTANT:
LPA, Inc.
5161 California Avenue, Suite 100
Irvine, CA62617
Phone (949) 261-1001
FAX (949) 260-1190
Robert Kupper, CEO
James Kelley, Vice President
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ATTACHMENT A
Attached hereto and incorporated herein is the additional scope of work and associated
cost as provide by the Consultant.
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Mr, Bill McAt88r
CllYOF lIMECUlA
43200 Business Park Drive
Temecula, California 925S9-9033
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DearBill:
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Alaswe have compiled the list of addilional visitsforTTl our previously "assumed'" completion date. The dates of Craig's Trips are as
follows:
I. October3,1O,17,24
2. November7,14,2L28
3. DecemberS,B,ILI2,19
4, Janual1lLl8,2S
S, Februal1L8
B, Ma~h7
As itemized abG'l'e, and requested by the City, Craig Whitridge madel9 additional visits beyond what was anticipated,
At eight hours times SIIS/hour, each visit would costS92o, With $72 of mileage, asingletripcostsS992,
Therefore,nineteentripstimesS992hisit
$18848
Bill,1 understand this is alotofmoney coming right at the endofthe project. Pleasecallto discusshowyouwantusto proceed,
On another note,we are glad you are pleased with the buildingl
Sincerely,
LPA,lnc,
Orange County Office
"
JimWiricUIA
Principal
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ITEM NO. 11
I
I
Approvals
City Attorney
Director of Finance
City Manager
v
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 26,2007
SUBJECT:
Arts Council of Temecula Valley Special Event Community Grant Agreement
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve a Special Event Community Grant
Agreement between the City of Temecula and the Arts Council of Temecula Valley(Arts Council) in
the amount of $20,000.
BACKGROUND: The Arts Council of Temecula Valley has been sponsoring fall and
spring Concerts on the Green and an annual Arts in the Country Festival for several years. The City
has traditionally participated with the Arts Council in partial funding for these events.
Last year, the Arts Council consolidated the Arts in the County Festival into a weekend Arts Festival
that was presented at the Bel Villaggio Center adjacent to the Promenade Mall. This year the Arts
Council will again present the Arts Festival in the fall 2007. A new venue at the Promenade Mall
has been selected with the intention of attracting an even larger audience to the two day event.
Many of the businesses in the Promenade Mall and local restaurants are expected to participate in
the Festival. It is anticipated that by concentrating efforts and offering the event at one central
location will allow more people to enjoy the Festival.
The Arts Festival will provide a venue for new and emerging artists to exhibit their work, as well as,
well known and established artists. A "Kids Korner" will offer free art activities and entertainment for
youth. The Arts Council will provide a setting for many visual and musical artists, with varied live
entertainment offered on three stages throughout the weekend.
The Promenade Mall is partnering with the Arts Council by providing a stage and assisting in
advertising and marketing. The Arts Council is requesting that the City participate in these efforts by
providing a special events community grant. Funds provided by the City will be used to help defray
the costs of advertising and promotion, printing, stage and lighting, and entertainment.
FISCAL IMPACT: The cost to co-sponsor the fall Arts Festival is $20,000. Sufficient
funds are available in the Community Support Budget for FY 2007/08.
ATTACHMENTS:
Special Events Community Grant Agreement
SPECIAL EVENT COMMUNITY GRANT AGREEMENT
BETWEEN THE CITY OF TEMECULA AND THE
ARTS COUNCIL OF TEMECULA VALLEY
THIS AGREEMENT is made by and between the City of Temecula ("City"), a
municipal corporation, and the Arts Council of Temecula Valley, a non-profit corporation, and is
dated as of June 26, 2007. In consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
1. This Agreement is made with respect to the following facts and purposes,
which each of the parties hereto acknowledge and agree to be true and correct:
a. The Arts Council of Temecula Valley ("Arts Council") coordinates
many programs for the cultural arts within the City of Temecula, which are not provided
by the City's recreation and cultural arts program.
b. The Arts Council warrants and represents to the City that it is a
non-profit, tax exempt corporation under the tax laws of the United State and California,
and agrees to continue in such status during the term of this Agreement.
b. The City Council desires to award a special events community
grant to the Arts Council in the amount of twenty thousand dollars ($20,000) for the
purpose of continuing and enhancing its cultural arts programs within the City of
Temecula. The City Council hereby allocates $20,000 for the Arts Festival special
events ("Events") to be presented by the Arts Council during fiscal year 2007-2008.
c. This Agreement provides for the manner in which the grant will be
paid to the Arts Council.
2. The City shall pay $20,000 to the Arts Council to promote and present the
Events for the fiscal year ending June 30, 2008. Arts Council shall submit an invoice to the City
prior to the event, which shall represent the City's sponsorship of each event as outlined in
Section 1.b. City shall pay the invoice or provide its written objections to it within thirty (30)
working days following receipt by the City.
3. The term of this agreement shall be July 1, 2007 to June 30, 2008.
4. The City may at any time, for any breach of this Agreement, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Arts Council at least ten
(10) days prior written notice. If the breach is corrected during this ten-day period, City may, in
its sole and exclusive discretion, rescind the termination. If the City suspends or terminates a
portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement. Arts Council shall make available to the City its books, records
and financial documents in such form as to allow City to verify Arts Council's compliance with
the terms of this Agreement.
5. The Arts Council agrees to defend, indemnify, protect and hold harmless
the City, its officers, officials, and employees from and against any and all claims, demands,
losses, defense costs or expenses, including attorney fees and expert witness fees, or liability
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of any kind or nature which the City, its officers, agents and employees may sustain or incur or
which may be imposed upon them for injury to or death of persons, or damage to property
arising out of Arts Council's negligent or wrongful acts or omissions arising out of or in any way
related to the performance or non-performance of this Agreement, excepting only liability
attributable to the active negligence of the City.
6. Arts Council shall procure and maintain, or shall have provided on its
behalf, for the duration of fiscal year 2007-2008 insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of the
activities of the Arts Council, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No. CG
00 01 11 85 or 88, including a non-owned auto endorsement.
(2) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. Workers Compensation Insurance
shall not be required if the Arts Council has no employees.
b. Minimum Limits of Insurance. Arts Council shall maintain limits on the
policies described in Subsection a. of no less than the following amounts unless otherwise
approved by the City Manager:
(1) General Liability: One million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage.
(2) Workers' Compensation as required by the State; Employer's
Liability: One million dollars ($1,000,000) per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager.
d. Other Insurance Provisions. The general liability policies shall contain, or
be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities performed by or
on behalf of the Arts Council; premises owned, occupied or used by the Arts
Council; or automobiles owned, leased, hired or borrowed by the Arts Council.
The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or volunteers.
(2) For any claims related to this Agreement, the Arts Council's
insurance coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Arts
Council's insurance and shall not contribute with it.
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(3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Arts Council's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested, has been given to the City.
e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverace. Arts Council shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Arts Council's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
7. Arts Council is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on
behalf of Arts Council shall at all times be under Arts Council's exclusive direction and control.
Neither City nor any of its officers, employees or agents shall have control over the conduct of
Arts Councilor any of Arts Council's officers, employees or agents, except as set forth in this
Agreement. Arts Council shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Arts Council shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
8. Any notices which either party may desire to give to the other party under
this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery
by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party
as set forth below or at any other address as that party may later designate by Notice. Notice
shall be effective upon delivery to the addresses specified below or on the third business day
following deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attention: City Manager
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To Arts Council:
Arts Council of Temecula Valley
P.O. Box 2337
Temecula, California 92593
Attention: Executive Director
9. The Arts Council shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City.
10. This Agreement contains the entire understanding between the parties
relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington
Mayor
Attest:
Susan Jones, MMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
ARTS COUNCIL OF TEMECULA VALLEY, a California
non-profit corporation
Arnold Bereson, Ph.D.
President
Ruth Hobbs
Executive Director
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Temecula Vallev Arts Festival 2007
In 2007 the Temecu/a Valley Arts Fest/va/will be concentrated to a two-day event
at the Promenade. This celebration of the arts is to include presentations from
diverse, high-quality visual and performing local artists of all ages. An effort will be
made to fully represent the talent of the Temecula Valley.
The move to the Promenade Mall is anticipated, over the festival weekend, to
increase attendance to over 15,000. This move is anticipated to be positive; the
Promenade has agreed to prOVide a stage free of charge and will assist with
marketing and advertising. In addition to their advertising contribution, the Council
will produce a 32-page, high-quality booklet which will cover the Festival and other
arts events staged in the Temecula Valley. Mall, foot traffic as well as Festival
attendees will provide wonderful exposure for artists and performers. We have
worked with the Mall in the past and know that their marketing experience will
contribute greatly in making this event a success.
Again, the special "Kid's Korner" will feature free art activities & entertainment for
children.
Outstanding food will be available from local restaurants and they will be
encouraged to provide coupons and other incentives to increase sales.
The best of the areas artists will set up booths to display and sell their art: oil
paintings, watercolors, acrylics, sculpture & much more. The festival will showcase
exceptional works of art by both renowned established artists and cutting-edge
newcomers. We will seek to provide emerging artists a marketplace to sell their
works and contribute to the launching of art careers.
Music will play on stage throughout the two days: rock & roll, symphony, pops, jazz
and folk - something for every audience. From the splendor of noon recitals to the
intimacy of family-friendly, contemporary evening concerts, the Temecula Valley
Arts Festival will be a huge fall celebration that brings together a vast mix of artists
and audiences, young and old, familiar and unfamiliar. In addition to the musical
talent, dance and drama groups will take to the stage.
The Arts Festival is designed to provide affordable family arts and cultural
entertainment for residents and visitors of all ages; admission is free.
We are also very fortunate to enlist Full Value Entertainment again to help
organizations and groups new to the Festival in 2007. These new entries meet the
Council's mission of providing performance opportunities and publicity to all arts
organizations in the Valley.
In addition to the Promenade's marketing, The Arts Council will market the Festival
on our website. To connect with youth and young adults, a "MY Space" link has
been set up and will detail events. Extensive press releases to over 110 media
groups, in-depth interviews and feature articles will encourage attendance, not only
on the local level, but also from Los Angeles, Riverside, San Bernardino, Orange
and San Diego. Over 100 telephone calls and emails were addressed in 2006 to
answer Festival related questions. 12,000 booklets were distributed or mailed to
122 cities and 4000 programs were distributed in the Temecula Valley.
While illuminating high quality artistic and aesthetic experiences to the audience
artistic events provide opportunities for artists. They are also important for the Arts
Council in that they facilitate a process of direct engagement with artists and the
wider arts sector. This enables the council to keep up to date with the needs,
concerns and interests of practicing artists.
In addition to the cultural benefits of a Festival, these events contribute enormously
to the economic development of the area. For every dollar government invests in
nonprofit arts, eight dollars are returned to the economy.
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ITEM NO. 12
I
I
Approvals
City Attorney
Director of Finance
City Manager
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11/2
(j(L,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Mitch Aim
DATE:
June 26, 2007
SUBJECT:
Agreement for Parking Citation Processing
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION: That the City Council approve the Professional Services Agreement
between the City of Temecula and Data Ticket, Inc. for Parking Citation Processing in the amount of
$7,000 for fiscal year 2006-07, and $45,000 for fiscal year 2007-08, for a total amount of $52,000.
BACKGROUND: The City of Temecula Police Department utilizes Data Ticket, Inc. for
parking citation processing. Using this vendor frees staff from the task of collection, data entry,
maintaining an information line, coordinating with the Department of Motor Vehicles, and responding
to requests for information. The City is billed monthly based on the number of tickets processed by
Data Ticket, Inc., and fines collected from tickets are deposited directly to a City revenue account.
In the past year, the Police Department has greatly increased the amount of parking enforcement
performed throughout the City. This is a result of the zone policing policy, combined with a proactive
approach to law enforcement patrol. At mid-year, parking citation revenue had already surpassed
the total annual revenue from fiscal year 2005-06 by 44%. It is anticipated that parking citations will
continue to increase, with additional Officers added in the next fiscal year to focus primarily on
parking enforcement.
This current agreement will be for June 1, 2007 to June 30, 2008. The contract amount is not to
exceed $52,000 for the current term.
FISCAL IMPACT: Adequate funds exist within the fiscal year 2006-07 and fiscal year
2007-08 Police Department budgets to meet the estimated payment rates. (001-170-999-5250)
ATTACHMENTS:
Professional Services Agreement between the City of Temecula and
Data Ticket, Inc. for Parking Citation Processing.
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF TEMECULA AND DATA TICKET, INC.
FOR PARKING CITATION PROCESSING
THIS AGREEMENT is made and effective as of June 26, 2007, between the City of
Temecula, a municipal corporation ("City") and Data Ticket, Inc. ("Vendor"). In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on June 1, 2007, and shall remain and
continue in effect until tasks described herein are completed, but in no event later than June 30,
2008, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Vendor shall perform the services and tasks described and set forth
in Exhibit A, attached hereto and incorporated herein as though set forth in full. Vendor shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Vendor shall at all time faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged
in providing similar services as are required of Vendor hereunder in meeting its obligations
under this Agreement.
4. PAYMENT.
a. The City agrees to pay Vendor monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. Any terms in Exhibit B other than the
payment rates and schedule of payment are null and void. This amount shall not exceed Fifty
Two Thousand Dollars and No Cents ($52,000) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
b. Vendor shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless
such additional services are authorized in advance and in writing by the City Manager. Vendor
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City Manager and Vendor at the time City's written authorization is given to Vendor for the
performance of said services.
c. Vendor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non-disputed fees. If the City disputes any of Vendor's fees it
shall give written notice to Vendor within 30 days of receipt of an invoice of any disputed fees
set forth on the invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Vendor at least ten (10)
days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or
1
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Revised 6120107
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Vendor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Vendor will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF VENDOR.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Vendor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Vendor for any work
performed after the date of default and can terminate this Agreement immediately by written
notice to the Vendor. If such failure by the Vendor to make progress in the performance of work
hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of
the Vendor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Vendor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Vendor with written notice of the default. The Vendor shall have (10) days after service upon it
of said notice in which to cure the default by rendering a satisfactory performance. In the event
that the Vendor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Vendor shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Vendor shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Vendor shall provide free access to the representatives of City
or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Vendor. With respect to computer files containing data generated for the
work, Vendor shall make available to the City, upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling, transferring
and printing computer files.
2
8. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect, and hold
harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from
and against any and all claims, demands, losses, defense costs or expenses, including attorney
fees and expert witness fees, or liability of any kind or nature which the City, District, and/or
Agency, its officers, agents, employees or volunteers may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of
Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non-performance of this Agreement, excepting only liability arising out of the
negligence of the City.
9. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Vendor, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG
00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 0001 06
92 covering Automobile Liability, code 1 (any auto). If the Vendor owns no automobiles, a non-
owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Vendor has no employees while performing
under this Agreement, worker's compensation insurance is not required, but Vendor shall
execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Vendor's profession.
b. Minimum Limits of Insurance. Vendor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Vendor shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
3
1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities performed by or on behalf of
the Vendor; products and completed operations of the Vendor; premises owned, occupied or
used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The
coverage shall contain no special limitations on the scope of protection afforded to the City, its
officers, officials, employees or volunteers.
2) For any claims related to this project, the Vendor's insurance
coverage shall be primary insurance as respects the City, its officers, officials, employees and
volunteers. Any insurance or self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with
it.
3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
4) The Vendor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be canceled before the expiration date the issuing insurer will
endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in limits
the Vendor shall within two (2) business days of notice from insurer phone, fax, and/or notify the
City via certified mail, return receipt requested of the changes to or cancellation of the policy.
e. Acceo.tabililv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverace. Vendor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Vendor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
10. INDEPENDENT VENDOR.
a. Vendor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Vendor
shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Vendor or any
of Vendor's officers, employees, or agents except as set forth in this Agreement. Vendor shall
not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Vendor shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Vendor in connection with the
performance of this Agreement. Except for the fees paid to Vendor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Vendor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Vendor for injury or sickness arising out of performing services hereunder.
4
11. LEGAL RESPONSIBILITIES. The Vendor shall keep itself informed of all local,
State and Federal ordinances, laws and regulations which in any manner affect those employed
by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor
shall at all times observe and comply with all such ordinances, laws and regulations. The City,
and its officers and employees, shall not be liable at law or in equity occasioned by failure of the
Vendor to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Vendor in performance of this Agreement shall
be considered confidential and shall not be released by Vendor without City's prior written
authorization. Vendor, its officers, employees, agents or subcontractors, shall not without
written authorization from the City Manager or unless requested by the City Attorney, voluntarily
provide declarations, letters of support, testimony at depositions, response to interrogatories or
other information concerning the work performed under this Agreement or relating to any project
or property located within the City. Response to a subpoena or court order shall not be
considered "voluntary" provided Vendor gives City notice of such court order or subpoena.
b. Vendor shall promptly notify City should Vendor, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under or with respect to any project or property located within the City. City
retains the right, but has no obligation, to represent Vendor and/or be present at any deposition,
hearing or similar proceeding. Vendor agrees to cooperate fully with City and to provide City
with the opportunity to review any response to discovery requests provided by Vendor.
However, City's right to review any such response does not imply or mean the right by City to
control, direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express,
that provides a receipt showing date and time of delivery, or (iii) mailing in the United States
Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the
party as set forth below or at any other address as that party may later designate by Notice.
Notice shall be effective upon delivery to the addresses specified below or on the third business
day following deposit with the document delivery service or United States Mail as provided
above.
To City: City of Temecula
P.O. Box 9033
Temecula, California 92589-9033
Attn: City Manager
-or-
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attn: City Manager
To Vendor: Data Ticket, Inc.
4600 Campus Drive #200
Newport Beach, California 92660
Attn: Marjorie A. Fleming
5
14. ASSIGNMENT. The Vendor shall not assign the performance of this agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Upon termination of this Agreement, Vendor's sole compensation shall be payment for actual
services performed up to, and including, the date of termination or as may be otherwise agreed
to in writing between the City Council and the Vendor.
15. LICENSES. At all times during the term of this Agreement, Vendor shall have in
full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
16. GOVERNING LAW. The City and Vendor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall
have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or
employee of the City of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's
sub-contractors on this project. Contractor further agrees to notify the City in the event any
such interest is discovered whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Vendor warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Vendor and has the authority to bind
Vendor to the performance of its obligations hereunder.
6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
VENDOR:
Data Ticket, Inc.
Attn: Marjorie A. Fleming
4600 Campus Drive, #200
Newport Beach, California 92660
Telephone: (949) 752-6937
Facsimile: (949) 752-6972
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
7
EXHIBIT A
TASKS TO BE PERFORMED
Data Ticket, Inc. agrees to provide and the City agrees to pay for the following services:
o Data entry & updating of all handwritten citations & electronic entry & updating of all
handheld citations
o Collecting, processing & applying all payments
o Processing all status changes to citation database
o Two user ID's & passwords for Client Access to Web Site
o Viewing and printing of citation management reports and citations at the City 24/7.
o City will always have access to its citation database including all status updates
real-time. Additional user passwords can be issued for a small additional fee.
o Company credit card payments accepted via phone or paper
o Company credit card payments accepted on-line, real-time via Ticket Wizard 5000 web
site
o 24/7 citizen access to City database to view, appeal and pay citations
o On-Line connection to California DMV for daily registered owner information files
o On-Line connection to California DMV for daily hold and release files
o On-Line connection to Florida, Ohio, Texas, Washington, Oregon, New York
and Maryland DMV's for registered owner information
o Interface with other DMV's nationwide for registered owner information via diskette, CD
& tape, etc.
o Interface with third party vendor for nationwide registered owner information
o All forms, postage and tracking
o Correspondence tracking and response
oBi-lingual 800 line voice mail information 24 hours per day, 7 days per week
oBi-lingual 800 line customer service answered by customer service representatives
o Daily bank deposits
o Bank reconciliation
o Complete audit trail
o Comprehensive monthly management reports on citation issuance and revenue
available on-line as well as in hard copy with month-end invoice
o All required insurance
o California Corporate Headquarters
Confidential Information
8
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Prices for services are as outlined in the cost listing provided by the Vendor Data Ticket, Inc.,
attached hereto and incorporated herein as though set forth in full. In no event shall such
services exceed $52,000.00 except as provided pursuant to Section 4 of the Agreement.
CITY OF TEMECULA FEES
Descriotion
Fee
Fee for processing and collecting each citation
Fee for collecting each delinquent or out-of-state citation
$1.40 per cite
30% of collected
revenue
A monthly minimum fee of $150.00 will be assessed if the fees for each month fall below that
amount. Specified services and material covered by the fee for both in-state and out-of-state
citations include:
o Data entry & updating of all handwritten citations & electronic entry & updating of all
handheld citations
o Collecting, processing & applying all payments
o Processing all status changes to citation database
o Two user ID's & passwords for Client Access to Web Site
o Viewing and printing of citation management reports and citations at the City 24/7.
o City will always have access to its citation database including all status updates
real-time. Additional user passwords can be issued for a small additional fee.
o Company credit card payments accepted via phone or paper
o Company credit card payments accepted on-line, real-time via Ticket Wizard 5000 web
site
o 24/7 citizen access to City database to view, appeal and pay citations
o On-Line connection to California DMVfor daily registered owner information files
o On-Line connection to California DMV for daily hold and release files
o On-Line connection to Florida, Ohio, Texas, Washington, Oregon, New York
and Maryland DMV's for registered owner information
o Interface with other DMV's nationwide for registered owner information via diskette, CD
& tape, etc.
o Interface with third party vendor for nationwide registered owner information
o All forms, postage and tracking
o Correspondence tracking and response
oBi-lingual 800 line voice mail information 24 hours per day, 7 days per week
oBi-lingual 800 line customer service answered by customer service representatives
o Daily bank deposits
o Bank reconciliation
o Complete audit trail
o Comprehensive monthly management reports on citation issuance and revenue
available on-line as well as in hard copy with month-end invoice
o All required insurance
o California Corporate Headquarters
9
Scheduling: Review, Hearing and Court Appearances
$ 0.75 per cite
Hearings: All Hearing Appointments, two per hour
scheduled. (Minimum four hours per visit for
in-person hearings. Visits are scheduled in accordance
with City requirements at a designated City location,
but no less than every 90 days, according to CA law).
$75.00 per hour
Additional Correspondence
$ 1.50 per piece
Refunds handled by Company
$ 5.00 per refund
City will pay all bank charges and court filing fees for citation appeals.
Postage increases to be charged as increased by the US Postal Service.
Ootional Services:
Additional user passwords & ID's
$50.00 per mo.
Cost to Purchase Hand Held Ticket Writers:
Please see Cost Sheets for Ticket Writers, upon selection of preferred unit, a total cost
proposal will be generated for City including exact costs for all hardware, software, ticket
stock, envelopes and additional items. If the City is interested in purchasing handheld ticket
writers for its parking citation management program, we would be happy to visit and provide
a demonstration at your convenience.
Convenience Fee to Violator for Company Credit Card Usage is $3.25 per use on Web Site,
phone & paper credit card payments. Fee to be paid to Company.
C ollfidelltial Illformatioll
10
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-
I.
ITEM NO. 13
I
I
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Acceptance of the Ynez Road Bridge Widening over Santa Gertrudis Creek into the
City-Maintained System as part of the Harveston II CFD No. 03-06
PREPARED BY:
Daniel York, Deputy Director of Public Works/City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ACCEPTING THE YNEZ ROAD
BRIDGE WIDENING OVER SANTA GERTRUDIS CREEK INTO
THE CITY-MAINTAINED SYSTEM AS PART OF THE HARVESTON
II CFD NO. 03-06
BACKGROUND: On November 25,2003, the Board of Directors of the Temecula Public
Financing Authority (the "Authority") established a Harveston Community Facilities District ("CFD")
No. 03-06 for the financing of the acquisition, construction and installation of certain public facilities
identified in the proceedings to form the CFD.
The developer, Lennar Communities, conducted a bid opening for the construction of the Ynez
Road Bridge Widening Project and awarded a construction contract to Riverside Construction
Company of Riverside, California in the amount of $1 ,401 ,377.80. Note that this was not a City
contract; the City only oversaw the bidding and construction process of this project to ensure that
they complied with the Acquisition Agreement. Because of this, the City does not file the Notice of
Completion; this is the responsibility of the developer.
Under this project, the existing Ynez Road Bridge over Santa Gertrudis Creek was widened to
accommodate two lanes each way, dual left turns at Winchester Road and a center median. The
work also included modification to the traffic signal at Winchester Road and Ynez Road. Riverside
Construction Company has completed the work in accordance with the approved plans and
specifications and to the satisfaction of the Director of Public Works. All warranties and guaranties
associated with all the work for this project have been assigned to the City by the developer. All
work will have a warranty for a period of one (1) year from the date of acceptance by the City.
Staff therefore recommends that City Council accept into the City-Maintained System the completed
Ynez Road Bridge Widening over Santa Gertrudis Creek improvements perthis CFD project and as
described in Exhibits "A" and "B" attached.
FISCAL IMPACT:
Periodic surface and / or structural maintenance will be required every 5 to 8
years.
ATTACHMENTS:
Resolution No. 2007-
with Exhibits "A" and "B"
EXHIBIT 'A' TO RESOLUTION NO. 2007-
Accepting Ynez Road Bridge Widening over Santa Gertrudis Creek improvements into the City-
Maintained System as described below:
Those bridge and street improvements as shown on Construction Drawings
identified as "Ynez Road Street Improvement Plans - Santa Gertrudis Creek Bridge
Widening" - City of Temecula Permit No. LD04-051 CO dated October 11,2004.
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, ACCEPTING THE YNEZ
ROAD BRIDGE WIDENING OVER SANTA GERTRUDIS
CREEK INTO THE CITY-MAINTAINED SYSTEM AS PART
OF THE HARVESTON II CFD NO. 03-06
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, on November 25, 2003, the Board of Directors of the Temecula Public
Financing Authority established a Roripaugh Ranch Community Facilities District ("CFD") No.
03-02 for the financing of the acquisition, construction and installation of certain public
improvements including the widening of the Ynez Road Bridge at Santa Gertrudis Creek;
WHEREAS, the contractor has completed the work in accordance with the approved
plans and specifications and to the satisfaction of the Director of Public Works;
WHEREAS, the developer has assigned all warranties and guaranties associated with
all the work of this project to the City. All work will have a warranty for a period of one (1) year
from the date of acceptance by the City;
WHEREAS, a need exists for the public use of the widened Ynez Road bridge
improvements at Santa Gertrudis Creek and the City is prepared to accept the bridge and road
improvements at said location, per this CFD project, into the City-Maintained System.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula
hereby accepts into the City-Maintained System the Ynez Road Bridge Widening over Santa
Gertrudis Creek improvements as described in Exhibits "A" and "B" attached hereto.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of June, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of June, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT 'A' TO RESOLUTION NO. 2007-
Accepting Ynez Road Bridge Widening over Santa Gertrudis Creek improvements into the City-
Maintained System as described below:
Those bridge and street improvements as shown on Construction Drawings
identified as "Ynez Road Street Improvement Plans - Santa Gertrudis Creek Bridge
Widening" - City ofTemecula Permit No. LD04-051 CO dated October 11,2004.
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ITEM NO. 14
I
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Approvals
City Attorney
Director of Finance
City Manager
JM.(
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Acceptance of certain Public Streets into the City-Maintained System within
Tract Map Nos. 23143-7 and 23143-9 (Located at the intersection of Crowne Hill
Drive and Royal Crest Place (within the Crowne Hill Subdivision)
PREPARED BY:
Steve Charette, Associate Engineer
Daniel York, Deputy Director of Public Works/City Engineer
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE
CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 23143-7 AND
23143-9)
BACKGROUND: Tract Map Nos. 23143-7 and 23143-9 were recorded by the County
Recorder on December 31, 2001. The owner dedicated to public use for street and public utility
purposes streets designated as lettered lots on the two maps. The City Clerk accepted the offers of
dedication.
Public Works Staff reviewed and inspected the public improvements and all required repairs and
replacements were satisfactorily completed. However, the one-yearWarranty Bonds and Labor and
Materials Bonds have not been released. The Warranty Bonds will be released at the end of the
one-year period in June, 2008. The Labor and Materials Bonds will be released six months into the
one-year warranty period in December, 2007.
The public streets now being accepted by this action are as follows:
Tract 23143-7
Portion of Crowne Hill Drive, portion of Fox Road, Whistle Court, Meade Circle, Oslo Circle, Jolene
Court, Devant Circle, and portion of Wolfe Street.
Tract 23143-9
Portion of Butterfield Stage Road, portion of Royal Crest Place, portion of Crowne Hill Drive, portion
of Fox Road, Drennon Court, Sparks Court, Dupont Street, Swoboda Court Aden Circle and
Tiempo Circle.
FISCAL IMPACT:
Periodic surface and / or structural maintenance will be required
every 5 to 8 years.
ATTACHMENTS:
Resolution No. 07 - with Exhibits "A - B" inclusive.
EXHIBIT "A" TO RESOLUTION NO. 2007 -
Accepting certain public streets offered to and accepted by the City of
Temecula as indicated on Tract Maps 23143-7 and 23143-9 into the
City-Maintained Street System as described as follows:
Tract Mao 23143-7
1. Lot "A" (portion of Crowne Hill Drive) of said Tract Map No. 23143-7
2. Lot "B" (portion of Fox Road) of said Tract Map No. 23143-7
3. Lot "C" (Whistle Court) of said Tract Map No. 23143-7
4. Lot "D" (Meade Circle) of said Tract Map No. 23143-7
5. Lot "E" (Oslo Circle) of said Tract Map No. 23143-7
6. Lot "F" (Jolene Court) of said Tract Map No. 23143-7
7. Lot "G" (Devant Circle) of said Tract Map No. 23143-7
8. Lot "H" (portion of Wolf Street) of said Tract Map No. 23143-7
Tract Mao 23143-9
1. Lot "A" (portion of Butterfield Stage Road) of said Tract Map No. 23143-9
2. Lot "B" (portion of Royal Crest Place) of said Tract Map No. 23143-9
3. Lot "C" (portion of Crowne Hill Drive) of said Tract Map No. 23143-9
4. Lot "D" (portion of Fox Road) of said Tract Map No. 23143-9
5. Lot "E" (portion of Drennon Court) of said Tract Map No. 23143-9
6. Lot "F" (portion of Drennon Court) of said Tract Map No. 23143-9
7. Lot "G" (Sparks Court) of said Tract Map No. 23143-9
8. Lot "H" (Dupont Street) of said Tract Map No. 23143-9
9. Lot "I" (Swoboda Court) of said Tract Map No. 23143-9
10. Lot "J" (portion of Aden Circle) of said Tract Map No. 23143-9
11. Lot "K" (portion of Tiempo Circle) of said Tract Map No. 23143-9
RESOLUTION NO. 07-00
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NOS.
23143-7 AND 23143-9)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, Tract Map Nos. 23143-7 and 23143-9 were recorded by the County
Recorder on December 31, 2001, in which offers of dedication for street and public utility
purposes were accepted by the City of Temecula from Crowne Meadows, L.P.; and,
WHEREAS, City Public Works Staff reviewed and inspected the public improvements
and all repairs and replacements were satisfactorily completed; and,
WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this
tract have not been released; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula
hereby accepts into the City-Maintained Street System the streets offered to and accepted by
the City of Temecula described in Exhibits "A" and "B" attached hereto.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
26th day of June, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 26th day of June, 2007, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
ABSTAIN:
Susan W. Jones, MMC
City Clerk
EXHIBIT "A" TO RESOLUTION NO. 2007 -
Accepting certain public streets offered to and accepted by the City of
Temecula as indicated on Tract Maps 23143-7 and 23143-9 into the
City-Maintained Street System as described as follows:
Tract MaD 23143-7
1. Lot "A" (portion of Crowne Hill Drive) of said Tract Map No. 23143-7
2. Lot "B" (portion of Fox Road) of said Tract Map No. 23143-7
3. Lot "C" (Whistle Court) of said Tract Map No. 23143-7
4. Lot "D" (Meade Circle) of said Tract Map No. 23143-7
5. Lot "E" (Oslo Circle) of said Tract Map No. 23143-7
6. Lot "F" (Jolene Court) of said Tract Map No. 23143-7
7. Lot "G" (Devant Circle) of said Tract Map No. 23143-7
8. Lot "H" (portion of Wolf Street) of said Tract Map No. 23143-7
Tract Mao 23143-9
1. Lot "A" (portion of Butterfield Stage Road) of said Tract Map No. 23143-9
2. Lot "B" (portion of Royal Crest Place) of said Tract Map No. 23143-9
3. Lot "C" (portion of Crowne Hill Drive) of said Tract Map No. 23143-9
4. Lot "D" (portion of Fox Road) of said Tract Map No. 23143-9
5. Lot "E" (portion of Drennon Court) of said Tract Map No. 23143-9
6. Lot "F" (portion of Drennon Court) of said Tract Map No. 23143-9
7. Lot "G" (Sparks Court) of said Tract Map No. 23143-9
8. Lot "H" (Dupont Street) of said Tract Map No. 23143-9
9. Lot "I" (Swoboda Court) of said Tract Map No. 23143-9
10. Lot "J" (portion of Aden Circle) of said Tract Map No. 23143-9
11. Lot "K" (portion of Tiempo Circle) of said Tract Map No. 23143-9
EXHIBIT "B" TO RESOLUTION NO. 2007 -
TRACT NO. 23143-7
-
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INDEX MAP
EXHIBIT "B" TO RESOLUTION NO. 2007 -
TRACT NO. 23143-9
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PHS 159/38.-61
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INDEX MAP
Ii
-
I.
ITEM NO. 15
I
I
Approvals
City Attorney
Director of Finance
City Manager
J#~
/112.
au...
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Authorize Temporary Street Closure of Old Town Front Street between Moreno
Road and 2nd Street; Main Street from Bridge to Old Town Front Street; 2nd
Street; 3rd Street; 4th Street; 5th Street; 6th Street; and Mercedes Street
between Moreno Road and 2nd Street for the "Star Spangled 4th of July
Parade" and Delegate Authority to Issue Special Events/Street Closures Permit
to the Director of Public Works.
PREPARED BY:
Daniel York, Deputy Director of Public Works/City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND
2ND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN
FRONT STREET' 2ND STREET' 3RD STREET' 4TH STREET' 5TH
, , , ,
STREET; 6TH STREET; AND MERCEDES STREET BETWEEN
MORENO ROAD AND 2ND STREET FOR THE "STAR SPANGLED
4TH OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT
INCLUDING STREET CLOSURES
BACKGROUND: The Annual City-sponsored "Star Spangled 4th of July Parade"
necessitates temporary street closures to protect the participants and facilitate this event. The
subject special event requires the closure of the entire and portions of, streets in the Old Town area
on July 4,2007 from approximately 5:00 AM until 12:00 PM (Noon). The parade hours are from
10:00 AM to approximately 11 :30 AM. However, staging for the parade will begin at 5:00 AM on
Mercedes Street. The police department will determine the exact hours of street closures. Also, no
parking will be allowed on these subject streets from 5:00 AM until 12:00 PM.
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
closing is necessaryforthe 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 the specific
event, the Temecula Community Services Department sponsored "Star Spangled 4'hof July Parade"
to the Director of Public Works. All other special events requiring temporary street closures,
construction-related closures, etc, shall remain subjectto the approval of the City Council subjectto
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 Temecula Community Services Department and
the City Maintenance Division are included in budgetary items.
ATTACHMENTS:
1.
2.
Resolution No. 2007-
Vicinity Map
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, AUTHORIZING TEMPORARY STREET
CLOSURE OF OLD TOWN FRONT STREET BETWEEN
MORENO ROAD AND 2ND STREET; MAIN STREET FROM
THE BRIDGE TO OLD TOWN FRONT STREET; 2ND
STREET; 3RD STREET; 4TH STREET; 5TH STREET; 6TH
STREET; and MERCEDES STREET FROM MORENO
ROAD TO 2ND STREET FOR THE "STAR SPANGLED 4TH
OF JULY PARADE" AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS
PERMIT INCLUDING STREET CLOSURES
THE CITY COUNCil OF THE CITY OF TEMECUlA DOES
HEREBY RESOLVE 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 of Temecula sponsors the annual "Star Spangled 4th of July
Parade", for which such temporary street closures promote the safety and protection of
persons using or proposing to use that street or streets for the special event; and
WHEREAS, the City Council desires to facilitate the issuance of permission to
temporarily close public streets for this annual "Star Spangled 4th of July Parade; and,
NOW, WHEREAS, the City Council desires to authorize the Director of Public
Works to approve temporary street closures for the annual "Star Spangled 4th of July
Parade", 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 to permit temporary street closures for
the annual "Star Spangled 4th of July Parade" on July 4, 2007, 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 this 26th day of June, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of June, 2007, by the
following vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
.LS.LSIDd
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ITEM NO. 16
I
I
Approvals
City Attorney
Director of Finance
City Manager
JM.f'"
/)12
(J(L..
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Authorize Temporary Street Closure of Pauba Road between Margarita Road
and Showalter Road for the "July 4th, 2007 Fireworks Show" and Delegate
Authority to Issue Special Events/Street Closures Permit to Director of Public
Works
PREPARED BY:
Daniel York, Deputy Director of Public Works/City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
PAUBA ROAD BETWEEN MARGARITA ROAD AND SHOWALTER
ROAD FOR THE "JULY 4TH 2007, FIREWORKS SHOW", AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
BACKGROUND: The Annual City-sponsored "July 4th 2007 Fireworks Show"
necessitates temporary street closures to protect the participants and facilitate this event. The
subject special event requires the closure of a portion of Pauba Road between Margarita Road and
Showalter Road and the streets abutting Pauba Road for a period of 11 :00 AM until 11 :00 PM on
July 4, 2007. Residents living within the closure area will be allowed access to their homes.
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
closing is necessaryforthe 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 the specific
event, the Temecula Community Services Department sponsored "July 4'h 2007 Fireworks Show" 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 Temecula Community Services Department and the
City Public Works Maintenance Division are included in budgetary items.
ATTACHMENTS:
1. Resolution No. 2007-_
RESOLUTION NO. 07.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, AUTHORIZING TEMPORARY STREET
CLOSURE OF PAUBA ROAD BETWEEN MARGARITA
ROAD AND SHOWALTER ROAD FOR THE "JULY 4TH
2007 FIREWORKS SHOW", AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO
ISSUE 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 of Temecula sponsors the annual "July 4th 2007 Fireworks
Show", for which such temporary street closures promote the safety and protection of
persons using or proposing to use that street or streets for the special event; and
WHEREAS, the City Council desires to facilitate the issuance of permission to
temporarily close public streets for this annual "July 4th 2007 Fireworks Show" on July
4th 2007' and
, , ,
NOW, WHEREAS, the City Council desires to authorize the Director of Public
Works/City Engineer to approve temporary street closures for annual "July 4th 2007
Fireworks Show", 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 temporary street
closures for the annual "July 4th 2007 Fireworks Show" on July 4,2007, 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 this 26th day of June, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of June, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
Ii
-
I.
ITEM NO. 17
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
Ii;<..
CR
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Authorize Temporary Street Closure of a portion of Main Street on July 14'h,
2007 for the "Temecula Valley International Jazz Festival" and Delegate
Authority to Issue a Special Events/Street Closures Permit to the Director of
Public Works
PREPARED BY:
Daniel York, Deputy Director of Public Works/City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
A PORTION OF MAIN STREET ON JULY 14TH, 2007 FOR THE
"TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT
AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET
CLOSURES
BACKGROUND: The 5'h Annual "International Jazz Festival" event is scheduled for July
12th - 15th, 2007. The event will provide a combination of free-to-the-public and ticketed concert
events featuring internationally acclaimed performers at different venues at several locations
throughout Old Town Temecula, as well as music and rhythm workshops and clinics with the
performers. A Main Street Art Faire is also planned for the Festival and will occur on Saturday, July
14th. Estimated attendance for the weekend event is expected to reach approximately 8,000
people.
This year's International Jazz Festival Event sponsors propose a public street closure during a
single day only and as follows: Main Street between Old Town Front Street and Pujol Street from
6:00 AM to Midnight on Saturday July 14th, 2007. This closure is planned to accommodate the Main
Street Art Faire. The Faire will include two stages and various bands performing throughoutthe day
on Saturday. The specific closure location is shown on the attached Location Map.
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
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 authorityto temporarily close
streets for these special events.
The subject resolution delegates the authority to approve temporary street closures for this specific
event, "International Jazz Festival", to the Director of Public Works. All other special events
requiring temporary street closures, construction-related closures, etc, shall remain subject to the
approval of the City Council subjectto 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.
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.
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. 2007_
2. Vicinity Map
RESOLUTION NO. 07.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, AUTHORIZING TEMPORARY STREET
CLOSURE OF A PORTION OF MAIN STREET ON JULY
14TH, 2007 FOR THE "TEMECULA VALLEY
INTERNATIONAL JAZZ FESTIVAL" EVENT AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS 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 of Temecula sponsors the "International Jazz Festival"
event, for which such temporary street closure on Main Street between Old Town Front
Street and Pujol Street to 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 between Old Town Front Street and Pujol Street Saturday
July 14th, 2007 between 6:00 A.M. and midnight for the "International Jazz Festival"
event scheduled for July 1ih, 13th, 14th, and 15tli, 2007; and,
NOW, WHEREAS, the City Council desires to authorize the Director of Public
Works to approve the temporary street closure of a portion of Main Street between Old
Town Front Street and Pujol Street for the "International Jazz Festival" 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 to permit the temporary street closure of
a portion of Main Street between Old Town Front Street and Pujol Street on Saturday
July 14th, 2007 between 6:00 A.M. and midni~ht for the "International Jazz Festival"
event scheduled for July 12th, 13th, 14th and 15t 2007, 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 this 26th day of June, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of June, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
2007 Temecula Valley International Jazz Festival
July 13, 14, 15
please note that Main St. closure is only Sat. July 14, 6am - 12pm
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ITEM NO. 18
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Professional Consultant Services for Signing and Striping Improvements -
Various Locations for FY06-07
PREPARED BY:
Ali Moghadam, Principal Engineer
RECOMMENDATION: That the City Council approve the professional consultant services
agreement with AAE Incorporated in the amount of $64,830.00 to provide Citywide Signing and
Striping Improvements at various locations for Fiscal Year 2006-2007 and authorize the Mayor to
execute the agreement.
BACKGROUND: In an effort to maximize the capacity and safety of the existing
roadways, from time to time it is necessary to evaluate and modify the signing and striping on major
arterials throughout the City. Currently, several major roadways within the City are striped only with
a centerline while the existing roadway width is adequate for additional travel lanes as well as bike
lanes. Due to area-wide growth and the increase in traffic volumes, several roadways should be re-
striped to comply with the General Plan Circulation Element street cross-sections. This contract will
provide for preparation of plans and specifications to re-stripe and modify the signage on segments
of various streets to provide additional travel lanes, turn pockets and bicycle lanes. In addition to
design and preparation of plans, this project will include recommendations for minor improvements
to maintain continuity and enhance safety and efficiency of several roadways. The evaluation and
preparation of signing and striping plans includes segments of Ynez Road, Winchester Road,
Margarita Road, Rancho California Road, Butterfield Stage Road, Santiago Road and Pauba Road.
FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2006-2007 Public
Works, Traffic Division, Traffic Engineering Account No. 001.164.602.5406.
ATTACHMENTS:
Attachments
AGREEMENT
FOR PROFESSIONAL CONSULTANT SERVICES
SIGNING AND STRIPING IMPROVEMENTS
VARIOUS LOCATIONS
FY06-07
THIS AGREEMENT is made and effective as of June 26, 2007, between the City of
Temecula, a municipal corporation ("City") and AAE Incorporated ("Consultant"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on June 26, 2007, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2008, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the geneml prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. Copies may be obtained from the California Department of
Industrial Relations' Intemet web site at http://www.dir.ca.gov. Consultant shall provide a copy of
prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage
rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776,
1777.5,1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation of
the provisions of the Contmct.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the scope of work to be
performed, payment rates and schedule of payment are null and void. This amount shall not exceed
Sixty Four Thousand Eight Hundred Thirty Dollars and No Cents ($64,830.00) for the total term
of the Agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
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R:lAgreementslTraffic AgreementsIFY06-07\AAE Sign & Striping FY06-07
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the
invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is temninated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant \/\ill submit an invoice to the City pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to pemnit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
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Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of tenmination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attomey fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 0001 11 85or88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsementto
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while perfonming under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no emplo}ees.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
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(1) General Liability: One million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2) Automobile Liability: One million dollars ($1,000,000) per accident
for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for
bodily injury or disease.
(4) Professional Liability coverage: Two million ($2,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
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(5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be cancelled before the expiration date the
issuing insurer will endeavor to mail thirty (30) days' prior written
notice to the City.
(6) If insurance coverage is cancelled or, reduced in coverage or in limits
the Consultant shall within two (2) business days of notice from the
insurer, phone, fax, and/or notify the City via certified mail, retum
receipt requested of the changes to or cancellation of the policy.
e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attomey, voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other
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information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
AAE Incorporated
601 S. Valencia Avenue, Suite 250
Brea, California 92823
Attention: Raymond R. Abassi, P.E., T.E.
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
To Consultant:
16. LICENSES. At all times during the tenm of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree thatthe
laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
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other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attomeyfees and litigation expenses for the reliefgranted.
18. PROHIBITED INTEREST, No officer, or employee of the CityofTemecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the
day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attomey
CONSULTANT
AAE Incorporated
601 S. Valencia Ave., Suite 250
Brea, CA 92823
(714) 940-0100
FAX: (714) 940-0700
Raymond R. Abassi, President
Sid Mousavi, CAO
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
AND
PAYMENT RATES AND SCHEDULE
SIGNING AND STRIPING IMPROVEMENTS
VARIOUS LOCATIONS
FY06-07
9
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601 S. Valencia Ave., Ste. 250 Brea. CA 92823
Ph: 714.940.0100 Fx: 714.940.0700 aaeinc.com
May 29, 2007
Mr. Ali Moghadam
Principal Engineer - Traffic
43200 Business Park Drive
Temecula, CA 92589-9033
Subject: Cost Proposal for Siguing and Striping Improvements at Various Locations
Dear Mr. Moghadam;
AAE Inc. is pleased to submit this cost proposal for signing and striping improvements at various
locations throughout the City of Temecula. Our scope of work is based on the defmitions provided in
your dated May 16, 2007 and your telephone conversation with Ray Abassi which divided the scope into
three phases based on unknowns which will be determined during work performed in phase 2.
SCOPE OF WORK
The following is a proposed scope of work to assist the City of Temecula help identify signing and
striping improvements on arterials throughout the City.
Phase 1
This phase consists of performing site review and field verifying existing conditions and identification
of potential improvements that may affect the signing and striping design along multiple roadway
segments within the City. Tasks relative to this phase are listed below.
Tasks in Phase 1
1. Acquire the City's GIS system. The City of Temecula GIS group has agreed to copy the GIS
database onto a portable hard drive (provided by AAE) which will provide parcel maps,
roadway centerlines and aerial photography for our use in research and preparation of street
plans.
2. AAE will create preliminary street plans based on the GIS aerials and centerline positions for
seven (7) street segments as identified by the City and listed below.
· Butterfield Stage Road - Rancho California Road to Pauba Road
· Ynez Road - Rancho Vista Road to Santiago Road
· Rancho California Road - Moraga Road to Meadows Parkway
· Pauba Road - Margarita Road to Meadows Parkway
· Santiago Road - Old Town Front Street to Ynez Road
. Winchester Road - Jefferson Avenue to Nicolas Road
. Margarita Road - Winchester Road to Solana Way
Making a Difference in the Communities We Serve
L
Mr. Ali Moghadam
Cost Proposal
May 29, 2007
Page 2 of 4
3. A thorough field investigation will be conducted, along each of the seven roadway segments
identified in Task 2, to inventory existing curb-to-curb width, pavement striping, pavement
legends and traffic signing.
4. Existing signing and striping will be reviewed. Areas where improvement is needed will be
identified and modifications recommended.
5. AAE will prepare a set of 40-scale striping and signing plans for each of the segments listed
in Task 2 which present existing and proposed signing and striping. As requested all plans
will be 100% compatible with AutoCAD 2000. We estimate that approximately 40 plan
sheets will be required to cover the segments and any potential transitions to and from
adjacent segments that may be needed.
6. Written specifications will be prepared based on City provided boiler plate in Microsoft
Word format. Additionally, an engineer's estimate will be prepared and submitted.
Phase 1 Deliverables
As part of Phase I, AAE will submit one set of draft plans for City review and comment. Upon
receipt of the City's comments, changes will be made as required and the following deliverables
will be submitted to the City of Temecula.
. One set of signed and sealed reproducible plans.
· Written specifications and engineer's estimate.
· Corresponding specification and AutoCAD files.
Phase 2
This phase consists of an evaluation of arterial highways shown on the City' General Plan Circulation
Element to determine if striping improvements are needed to improve segment level of service and/or
fulfill circulation plan requirements. Tasks relative to Phase 2 are detailed below.
Tasks in Phase 2
I. Review the Circulation Element of the City's General Plan.
2. Conduct a field review of all City arterial roadways to identify locations where
improvements are needed to improve level of service or comply with requirements
identified in the Circulation Plan.
3. Prepare and submit a written report listing arterial segment locations and identifying
recommended improvements.
Phase 2 Deliverables
As part of Phase 2, AAE will submit one set of draft plans for City review and comment. Upon
receipt of the City's comments, changes will be made as required and the following deliverables
will be submitted to the City of Temecula.
o One set of signed and sealed reproducible plans.
o Written specifications and engineer's estimate.
o Corresponding specification and AutoCAD files.
Mr. Ali Moghadam
Cost Proposal
May 29, 2007
Page 3 of 4
Phase 3
Costs for Phase 3 can not be determined at this time. At the completion of Phase 2, a list of arterial
segments will be produced and a cost proposal prepared to prepare signing and striping plans,
specifications and engineering estimates.
Assumptions
· The City will provide the GIS database and applicable layers.
· The City will provide AutoCAD drawing title sheets.
I The City has already provided a copy of the General Plan Circulation Element.
· The City will provide boiler plate Microsoft Word documents for signing and striping
specifications.
. No bid set prints are included.
· A total of two (2) meetings with City staff have been included in this proposal.
Mr. Ali Moghadam
Cost Proposal
May 29, 2007
Page 4 of 4
BUDGET
To complete the above tasks, we will work based upon costs shown in the following table with the
break-down of the phases and tasks outlined above.
Cost Break-Down
Staff I Project I Traffic I CADD
Manaaer Enaineer Ooerator Clerical Sub- Totals
Tasks $154 $140 $90 $60
1 1 8 $1,274
2 2 24 320 $32,468
...
" 3 2 24 $3,668
C/)
.. 4 2 40 $5,908
if
5 4 24 140 8 $17,056
I 6 4 24 8 $4,456
I Total Phase 1 15 144 460 16 $64,830
"'I 1 8 $1,120
" I
:g 2 2 36 $5,348
ifl 3 2 24 4 $3,908
I Total Phase 2 4 68 0 4 $10,376
I Total Phase 3 I To Be Determined after Phase 2 nla
I Grand Total $75,206
All work for the tasks identified herein will be billed on percentage completion basis with a maximum
Not- To-Exceed budget of $75,206. No additional work will be performed without express written
request from the City of Temecula.
AAE is pleased to have the opportunity of submitting this proposal and is looking forward to continuing
to work with you and the City of Temecula. If you have any questions, or need additional information
regarding this proposal, please contact me directly at (951) 529-7236 or you may call Ray Abassi at
(714) 940-0100.
Sincerely,
5f/~
Stephen Hilton, T.E.
Project Manager
AAE, Inc.
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II
ITEM NO. 19
I
I
Approvals
City Attorney
Director of Finance
City Manager
JM.f""
/112.
(l{L.
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
First Amendment to Professional Services Agreements for Landscape Plan
Check and Inspection Services for Various Capital Improvement Projects for FY
2007-2008
PREPARED BY:
Amer Attar, Principal Engineer - Capital Projects
Laura Bragg, Project Engineer - Capital Projects
RECOMMENDATION:
That the City Council:
1. Approve the First Amendment with Community Works Design Group in the amount of
$60,000.00 to provide as needed landscape plan check and inspection services for Fiscal
Year 2007-2008; and authorize the Mayor to execute the amendment.
BACKGROUND: On June 27, 2006 the City Council approved the Fiscal Year 2006-
2007 Professional Services Agreement with Community Works Design Group in the amount of
$60,000.00 to provide as needed landscape plan check and inspection services and these services
will be utilized on projects that are approved in the Capital Improvement Program or for special
projects that come up through out the year. The City reserved the right to extend the agreements for
an additional year pursuant to the terms specified in the agreements.
A Request for Qualifications was sent out on May 17, 2006 and responses were received on June 1,
2006. Of the three firms that responded, two (2) firms were selected for agreements so that the City
is assured that at least one firm will be available when needed. Only one firm is being selected for
an additional one year extension. Once the agreement is executed, each service request will be
negotiated separately and may contain some or all of the following services:
D Plan check of construction plans for conformance with City Standards and Requirements
through final approval.
D Construction cost estimate review and approval for bonding requirements.
D Landscape construction inspection services to insure installation is in conformance with
approved plans and specifications with processing per City Requirements.
The actual number of projects and costs are not known at this time. Payment will be based upon
actual time spent on tasks as directed by the Director of Public Works/City Engineer.
FISCAL IMPACT: The Consultant will submit a cost proposal for each service request.
Once a scope of service and schedule of fees are negotiated, funds are allocated from the
corresponding project budget. Only approved CIP projects will utilize the services under this
agreement, unless directed otherwise by the City Manager or City Council.
ATTACHMENTS:
Amendment
FIRST AMENDMENT TO AGREEMENT
ANNUAL FISCAL YEAR 2007-2008
PROFESSIONAL LANDSCAPE PLAN CHECK and INSPECTION SERVICES
BETWEEN CITY OF TEMECULA AND
COMMUNITY WORKS DESIGN GROUP
THIS FIRST AMENDMENT is made and entered into as of June 26, 2007 by and
between the City of Temecula, a municipal corporation ("City") and Community Works Design
Group ("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 June 27, 2006 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for professional landscape plan check and
inspection services for Fiscal Year 2007-2008 ("Agreement") in the amount of Sixty Thousand
Dollars and No Cents ($60,000.00).
2. Section 1 of the Agreement term is hereby amended to read as follows:
Section 1 TERM. This Agreement shall commence on July 1, 2006 and shall
remain and continue in effect until tasks described herein are completed, but in no event later
than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement.
The City reserves the right of option to extend this Agreement for one (1) year. If Agreement is
extended beyond the original term, agreement price shall be adjusted at the beginning of each
fiscal year in accordance with the changes in the Consumer Price Index for all Urban
Consumers in Los Angeles-Anaheim-Riverside Area published monthly by the United States
Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month
period ending June 30th of that year, or if not available, the prior month to renegotiate the
scope of work specified herein. In no event shall this Agreement be extended beyond June 30,
2008.
3. Section 5. a. Pavment. Is hereby amended to read as follows: The parties now
desire to increase the payment for services in the amount of Sixty Thousand Dollars and No
Cents ($60,000.00) for additional Fiscal Year 2007-2008 Professional Landscape Plan Check
and Inspection Services and amend the Agreement as set forth in this Amendment.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and schedules and terms set forth in Exhibit B for services described in Section B of
Exhibit A, attached hereto and incorporated herein by this reference as though set
forth in full. The first amendment amount shall not exceed Sixty Thousand Dollars
and No Cents ($60,000.00) for additional Fiscal Year 2007-2008 Professional Plan
Check and Inspection Services for a total agreement amount, of One Hundred
Twenty Thousand Dollars and No Cents ($120,000.00).
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
1
R:\Agreements\Masters\AnnuaJ Contracts\2007-2008\Community Works Design 07-08 Amend 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Community Works Design Group
4649 Brockton Ave.
Riverside, CA 92506
(951) 369-0700
Timothy I. Maloney, President
Timothy I. Maloney, Secretary
(Two Signatures Required For Corporations)
2
ATTACHMENT A
COMMUNITY WORKS DESIGN GROUP
PROFESSIONAL LANDSCAPE PLAN CHECK and INSPECTION SERVICES
FOR
FISCAL YEAR 2007-2008
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
3
LANDSCAPE ARCHITECTURE
4649 8rockfon Avenue
Riverside, CA 92506
(9511369-0700
Fax 19511 369-4039
e-moil: fim@comworksdg.com
htlp: /Iwww.comworksdg.com
CA Ucense#2110
NV license #389
June 4, 2007
Ms. Laura Bragg
CITY OF TEMECULA
Public Works Department
P-O. Box 9033
Temecula, CA 92589-9033
RE: City of Temecula Plan Check and Inspection Services - Renewal
Dear Laura:
We appreciate the opportunity to extend our plan checking services with the City of
Temecula for another year-
You will find below a listing of our current hourly rates_ We will continue to bill the City
of Temecula on an hourly basis for services performed based on the following schedule:
Plan Check Services:
Principal Landscape Architect's
time at the fixed rate of:
$115.00 per hour
Landscape Architect's
time at the fixed rate of:
$ 95.00 per hour
Professional Staff s
time at the fixed rate of:
$ 55.00 per hour
Fi.eld Ohservation/Administration Services:
Landscape Architect's
time at the fixed rate of:
$150.00 per hour
Professional Staff s
time at the fixed rate of:
$ 75.00 per hour
I believe the City already has our current insurance certificates on file. Should you require
something additional, please let me know as soon as possible. If you have any further
questions, please feel free to contact me.
Sincerely,
S DESIGN GROUP
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ITEM NO. 20
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
/J1l
GO..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Second Amendment to a Professional Services Agreement, Maintenance
Facility Field Operations Center - Phase II, Project No. PW 03-06
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
David McBride, Senior Engineer
RECOMMENDATION: That the City Council approve the Second Amendment to the
Agreement with MTGL, Inc., for geotechnical and material testing and special inspections, in an
amount not to exceed $10,234.75 for the Maintenance Facility Field Operations Center - Phase II,
Project No. PW03-06, and authorize the Mayor to execute the Amendment.
BACKGROUND: On July 25, 2006, City Council approved a professional services
agreement with MTGL, Inc., in the amount of $50,000 and authorized a contingency amount equal
to 10% of the contract or $5,000. On February 13, 2007, City Council approved an amendment to
the professional services agreement with MTGL, Inc., increasing their compensation by $40,000
($90,000) and retaining the original contingency amount of $5,000, for a total maximum
authorization of $95,000. Currently, 100% of MTGL tasks have been completed and it has been
found that additional funding, in additional to utilization of the $5,000 of contingency funds, in the
amount of $1 0,234.75 is necessary to close out their contract, for a total maximum authorization of
the $105,234.75.
MTG L's various proposals consisted of time estimates for inspection and material testing of grading,
reinforcing steel, concrete, concrete unit masonry, structural steel shop and field fabrication as
required by the plans and specifications. As with their previous estimates the reasons for the
additional expenses are entirely from an underestimation of the number of hours needed for each of
the above inspection and testing in the aforementioned categories. It should be noted that these
inspections and testing are required by the Uniform Building Code and their percentage cost
(1.57%) relative the awarded cost of the building ($6,669,000) is in line with generally accepted
estimating percentages for their scope of work. Staff has performed a detailed review of the hours
and services performed by MTGL and found that their record keeping is acceptable and that they
have performed in a reasonable manner.
FISCAL IMPACT: The Maintenance Facility Field Operations Center, Project No. PW03-
06 is funded through Development Impact Fees (DIF) for corporate and public facilities and Capital
Project Reserves. The total cost of the original Agreement is $55,000, which includes a 10%
contingency of $5,000. This First Amendment is for an amount not to exceed $40,000, for a total
agreement amount not to exceed $95,000. The Second Amendment is for an amount not to exceed
$10,234.75, for a total agreement amount not to exceed $105,234.75. Sufficient funds are available
for this amendment in Account No. 210.165.742.5801.
ATTACHMENTS:
Second Amendment
SECOND AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA
AND
MTGL, INC.
Maintenance Facility Field Operations Center - Phase II
PROJECT No. PW03-06
THIS SECOND AMENDMENT is made and entered into as of June 26th, 2007 by and
between the City of Temecula, a municipal corporation ("Agency") and MTGL, Inc.
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On July 25, 2006 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for Professional Consulting Services
pertaining to geotechnical & material testing and special inspection ("Agreement") in the amount
of Fifty Thousand Dollars and No Cents ($50,000.00) and Five Thousand Dollars and No
Cents ($5,000.00) as a Contingency.
B. On February 13, 2006 The City Council first amended the Agreement by
increasing the payment for additional geotechnical & material testing services ("Agreement") in
the amount of Forty Thousand Dollars and No Cents ($40,000.00) as set forth in the First
Amendment.
C. The parties now desire to increase the payment for additional
geotechnical & material testing services ("Agreement") in the amount of Ten Thousand Two
Hundred Thirty Four Dollars and Seventy Five Cents ($10,234.75) as set forth in this
Second Amendment.
2. Section 5 a Pavment of the Agreement is hereby amended to read as follows:
PAYMENT
"a. The Agency agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit "A" of the Agreement and
Attachment "A" of this Amendment for services described in Exhibit A and Attachment A,
attached hereto and incorporated herein by this reference as though set forth in full. The
second amendment amount shall not exceed Ten Thousand Two Hundred Thirty Four
Dollars and Seventy Five Cents ($10,234.75) for additional services as set forth in
Attachment "A" for a total contract amount, of One Hundred Thousand Two Hundred
Thirty Four Dollars and Seventy Five Cents ($100,234.75)."
3. Exhibit "A" to the Agreement is hereby amended by adding the items set forth on
Attachment "A" to this Amendment, which is attached hereto and incorporated
herein as though set forth in full.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
1
R:\CIPIPROJECTS\PW03\PW03-06 Main\. Facility Phase lJ\Agreements\20070604 MTGL amend no. 2.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT:
MTGL, Inc.
Jim Hollingsworth, Project Manager
14467 Meridan Parkway Bldg, 2A
Riverside, CA 92508
(951) 653-4999 Phone
(951) 653-4666 Fax
Michael Landon, President
James Hollingsworth, Vice President
(Two Signatures Required For Corporations)
2
R:\CIP\PROJECTS\PW03\PW03-QS Maint. Facility Phase lI\Agreements\200706Q4 MTGl amend no. 2.doc
ATTACHMENT "A"
Additional Services
Geotechnical and Special Inspections
Maintenance Facility Field Operations Center - Phase II
PROJECT No. PW03-06
T asks/Services/Exoenses:
Additionallnsoection & Testino
Total Additional Work (Amendment No.2)
$10.234.7~
$10,234.75
3
R:\CIP\PROJECTS\PW03\PWO:Hl6 Mainl Facllity Phase ll\Agreemenls\20070604 MTGl amend no. 2.doc
Ii
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II
ITEM NO. 21
I
I
Approvals
City Attorney
Director of Finance
City Manager
p..r-
1112.
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Second Amendment to Construction Contract for Fiscal Year 2007-2008
Citywide Street Striping Program - Project No. PW05-02
PREPARED BY:
Bradley A. Buron, Maintenance Superintendent
RECOMMENDATION: That the City Council approve the Second Amendment to the
Construction Contract with Pacific Striping, Inc. for Fiscal Year 2007-2008 Citywide Street Striping,
Project No. PW05-02 for an amount of $250,000.00 and authorize the Mayor to execute the
amendment.
BACKGROUND: On June 28, 2005 the City Council approved the annual FY2005-2006
Street Striping Program in the amount of $99,555.00. The Street Striping Program arranges for
Citywide re-painting of street striping and pavement markings twice per year for maintenance. The
work may also include the removal of existing stripes and the placement of new traffic stripes and
pavement markings as directed by the engineer in the field.
The construction schedule is a yearly contract, which began July 1, 2005. This contract does
contain a provision that allows the contract to be extended on a yearly basis by mutual agreement of
both parties. Additionally City Staff may extend this contract in one year increments for each of the
following three (3) fiscal years beginning July 1 and ending June. 30. The quantities of work and
individual unit prices shall be negotiated with the contractor at the time of extension. Renegotiated
unit prices shall be valid for that fiscal year. In no event shall the contract be extended beyond June
30,2009.
The First amendment for an amount not to exceed $250,000.00 was necessary due to additional
requests from the Public Works Traffic Division and various Capital Improvement Projects and the
annexation of the Redhawk area and additional roads that have been accepted into the City's
Maintained Street System.
This Second Amendment for Fiscal Year 2007-2008 will extend the contract term through June 30,
2008 for an amount not to exceed $250,000.00 for additional street striping requests for the Public
Works Traffic Division and various Capital Improvement Projects plus additional roads that have
been accepted into the City's Maintained Street System.
FISCAL IMPACT: The Second Amendment amount of $250,000.00 plus the First
Amendment amount of $250,000.00 and original contract amount of $99,555.00 for a total contract
amount of $599,555.00. Adequate funds are available for Fiscal Year 2007-2008 for Public Works
Maintenance Division and Traffic Division Operating Budgets.
ATTACHMENTS:
Amendment NO.2
SECOND AMENDMENT TO CONTRACT
BETWEEN CITY OF TEMECULA AND
PACIFIC STRIPING, INC.
FISCAL YEAR 2007-2008
STREET STRIPING PROGRAM
PROJECT NO. PW05-02
THIS SECOND AMENDMENT is made and entered into as of June 26, 2007 by and
between the City of Temecula, a municipal corporation ("City") and Pacific Striping, Inc.:
("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On June 28, 2005 the City and Contractor entered into that certain
agreement entitled "City of Temecula Contract for the Citywide Street Striping Program, Project
No. PW05-02 ("Contract") in the amount of Ninety Nine Thousand Five Hundred Fifty Five
Dollars and No Cents ($99,555.00) with a three (3) year option to renew the term of the
contract.
B. The contract was amended on June 13, 2006 for additional Citywide
Street Striping Services in the amount of Two Hundred Fifty Thousand Dollars and No Cents
($250,000.00) and extension of time through June 30, 2007.
C. The parties now desire to increase the payment for additional Citywide
Street Striping Services in the amount of Two Hundred Fifty Thousand Dollars and No Cents
($250,000.00) as well as extend the term of the contract to June 30, 2008 and amend the
Contract as set forth in this Amendment.
2. Section 4. Contract Amount and Schedule of the Contract is hereby amended to
read as follows:
The City agrees to pay Contractor monthly, in accordance with the payment rates
and schedules and terms set forth in Exhibit B for services described in Section B
of Exhibit A, attached hereto and incorporated herein by this reference as though
set forth in full. The Second Amendment shall not exceed Two Hundred Fifty
Thousand Dollars and No Cents ($250,000.00) for additional Citywide Street
Striping, Project No. PW05-02 for a total contract amount, of Five Hundred
Ninety Nine Thousand Five Hundred Fifty Five Dollars and No Cents
($599,555.00).
3. Section 5. Term of the Contract is hereby amended to read as follows:
The work to be performed shall be completed within the fiscal year July 1, 2006
to June 30, 2008 unless terminated or extended as provided herein. Work shall
begin after execution of the contract and a Notice to Proceed has been issued.
The City reserves the right to extend this contract in one year increments
for each of the following three (3) fiscal years beginning July 1, 2006. The
quantities of work and individual unit prices shall be negotiated with the
contractor at the time of extension. Renegotiated unit prices shall be valid
for that fiscal year. In no event shall the contract be extended beyond June 30,
2009.
Contractor agrees to complete the work in a period described in each individual
work order, commencing with delivery of a "Notice To Proceed" by City.
Construction shall not commence until bonds and insurance are approved by
City.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Pacific Striping, Inc.
P.O. Box 1691
Whittier, CA 90609
(562) 945-7805
Scott Fisher, President
Ii
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II
ITEM NO. 22
I
I
Approvals
City Attorney
Director of Finance
City Manager
p;.f"
1112-
Qa..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Fifth Amendment to Contract Agreement for On-Call Traffic Signal Maintenance
Services for Fiscal Year 2007-2008
PREPARED BY:
Ali Moghadam, Principal Engineer - Traffic
RECOMMENDATION: That the City Council approve the Fifth Amendment to the Contract
Agreementwith Republic ITS (formerly Republic Electric) to perform additional On-Call Traffic Signal
Maintenance Services and traffic related projects for Fiscal Year 2007-2008, for an amount not to
exceed $50,000.00, extend the contract term to June 30, 2008 and authorize the Mayor to execute
the agreement.
BACKGROUND: On June 22, 2004 the City Council approved the contract agreement
with Republic ITS in the amount of $50,000.00 to provide emergency and non-emergency after hour
and weekend on-call traffic signal maintenance services for traffic signals, safety lighting, flashing
beacons and other electronically operated traffic control devices.
The maintenance schedule is a yearly contract, which began on July 1, 2004. This contract does
contain a provision that allows the contract to be extended on a yearly basis by mutual agreement of
both parties for up to three (3) years not to exceed June 30, 2008.
The Fourth Amendment was approved by City Council on June 27, 2006 for an amount not to
exceed $100,000.00 and extended the term to June 30, 2007 for continued On-Call Traffic Signal
Maintenance Services for Fiscal Year 2006-2007. The First Amendment was approved by the City
Council on March 8, 2005 for maintenance of an additional 16 traffic signals on Routes 79 North
(Winchester Road) and 79 South, and several other traffic improvements and upgrade projects
throughout the City. The Second Amendment for Fiscal Year 2005-2006 was approved by the City
Council on June 14,2005 which extended the Contract term through June 30, 2006 and was for an
amount not to exceed $1 00,000.00. The Third Amendment for an amount not to exceed $40,000.00
was necessary to cover the installation and maintenance cost of the traffic signal battery back-up
system at 17 locations.
Republic ITS initially was selected based on the firm's qualifications, ability to provide services,
responsiveness to the request for proposal, relevant experience in performing similar work and
ability to respond to a "call-out" within one (1) hour. Republic ITS has responded to all call-outs in a
timely manner and has completed several projects such as installation of battery back-up cabinets,
pole relocations, removal and replacement of conduits, wiring, detector loops and cameras in
addition to the emergency call outs. Currently, the majority of call-outs are responded to by the
City's Traffic Division Maintenance staff. The contract with Republic ITS will coveremergencywork
such as traffic signal pole and controller cabinet knock downs, minor traffic signal modifications and
other miscellaneous traffic related infrastructure improvements including battery back-up and traffic
signal interconnect installation.
The total contract amount for this agreement is as follows: Fifth Amendment is for $50,000.00,
Fourth Amendment was for $100,000.00, Third Amendment was for $40,000.00, Second
Amendment was in the amount of $100,000.00, First Amendment was for $50,000.00, plus the
original contract amount of $50,000.00 for a total contract amount of $390,000.00, for the past three
(3) years beginning July 1, 2004.
FISCAL IMPACT: Adequate funds have been budgeted in the Public Works, Traffic
Division, Traffic Signal Maintenance Account for Fiscal Year 2007-2008 for the Fifth Amendment in
the amount of $50,000.00.
ATTACHMENTS:
Fifth Amendment
FIFTH AMENDMENT TO CONTRACT AGREEMENT
BETWEEN CITY OF TEMECULA AND
REPUBLIC ITS
ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES
FY2007 -2008
THIS FIFTH AMENDMENT is made and entered into as of June 26, 2007, by and
between the City of Temecula, a municipal corporation ("City") and Republic ITS ("Contractor").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On June 22, 2004 the City and Contractor entered into that certain
agreement entitled "City of Temecula Agreement for On-Call Traffic Signal Maintenance
Services" ("Contract") in the amount of Fifty Thousand Dollars and No Cents ($50,000.00).
B. The contract was amended on June 27, 2006 (Fourth Amendment) in
the amount of One Hundred Thousand Dollars and No Cents (100,000.00) and again on
March 8, 2005 (Third Amendment) in the amount of Fifty Thousand Dollars and No Cents
($50,000.00) and again on June 14, 2005 (Second Amendment) for an amount of One
Hundred Thousand Dollars and No Cents ($100,000.00) and again on November 8, 2005
(First Amendment) in the amount of Forty Thousand Dollars and No Cents ($40,000.00) for
additional On-Call Traffic Signal Maintenance Services.
C. The parties now desire to increase the payment amount for services in
the amount of Fifty Thousand Dollars and No Cents ($50,000.00) amend the Contract as set
forth in this Amendment.
2. Section 1. of the Agreement is hereby amended to read as follows:
TERM. The Fifth Amendment to this Contract shall commence on July 1, 2004
and ending June 30, 2008, unless sooner terminated pursuant to the provisions
of this Agreement.
3.
follows:
Section 3 - PAYMENT of the Contract Agreement is hereby amended to read as
"The City agrees to pay Contractor monthly, in accordance with the Cost
Proposal set forth in Exhibit A, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent providing on-
call traffic signal maintenance services and described in this Fifth Amendment
for an amount of Fifty Thousand ($50,000.00) for a total contract amount, of
Four Hundred Forty Thousand Dollars and No Cents ($390,000.00)".
4. Exhibit "A & B" to the contract is hereby amended by adding thereto the items set
forth on Attachment "A" to this agreement, which is attached hereto and
incorporated herein as though set forth in full.
R:\AgreementsITrafficlfy07-08IRepublic Elec Amend 5 FY07-08
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC. City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR:
Republic ITS
715 Debra Lane
Anaheim, California 92805-6334
(714) 535-0550
James Wagner, Vice President - Engineering
Jeff Ash, Treasurer
(Two Signatures Required For Corporations)
2
R:\AgreementslTrafficlfy07 -08lRepublic Elec Amend 5 FY07 -08
EXHIBIT "B"
SCOPE OF SERVICES
AND
COST PROPOSAL
3
R:\AgreementsITrafficlfy07-08IRepublic Elec Amend 5 FY07-08
SCOPE OF SERVICES
ON-CALL TRAFFIC SIGNAL MAINTENANCE
1. Republic Electric will provide emergency and non-emergency after hour and weekend call-out
service for traffic signals, highway safety lighting, flashing beacons and other electrically
operated traffic control or warning devices. Response to emergency after hour and weekend
call-out services will be within one (1) hour of receipt of call.
2. Republic Electric will provide a certified traffic signal technician with a minimum of three (3)
years experience in traffic signal maintenance and repair. The technician shall be familiar with
programming and trouble shooting type 170 controllers equipped with Bitrans 200 program.
3. Republic Electric will provide all required tools, equipment, apparatus and materials to perform
all work necessary to repair the traffic signals and flashing beacons identified in Exhibits "B" and
"C" of the Request for Proposal (RFP) 127, On-Call Traffic Signal Maintenance Services for the
City of Temecula dated May 5, 2004.
4
R:\AgreementslTrafficlfy07 -08\Republic Elec Amend 5 FY07 -08
-- .........
.~
. Republic
ITS'
~.
June 8, 2007
Mr. Richard Uribe / Ms. Anita Pyle
City of Temecula
43200 Business Park Drive
Temecula Ca. 92589-9033
City Traffic Signal Extra Ordinary Call out Proposal Extension July I, 2007 to June 30" 2008
Mr. Uribe/ Traffic Signal Maintenance Department
At this time we are offering extend our Traffic Signal Extra Ordinary Maintenance Agreement for emergency
on caD work. The current agreement will expire on June 30'" 2007; I have attached a copy of the pricing
schedule with our current rates. Please note that there has been a 3.5% CPI increase {Tom last years rat.es. All
emergency work is to be completed on a time & material bases at the prices listed, or by written and accepted
proposals. Please feel free to contact me with any questions or concerns.
This offer shall expire 60 days from the date hereof and may be withdrawn by us at any time prior thereto
with or without notice. This offer supersedes any prior offers, commitment or orders, contains. all terms,
conditions and wa1'l'anties and when accepted, constitutes the entire contract between the parnes. The
resulling contract shall not be modified except by formal written amendment. This offer shall be accepted by
delivery of a copy of !his offer duly signed by the City of Temecula Representative.
Respectfully,
~
Republic ITS
Riverside Office
(951) 784-6600 Office
(951) 784.6700 Fax
(909) 376.5692 Cell
jpetrie@republicelectric.com
.---
(951) 784-6600 . Fax (95T) 784.6700 . 2240 Business way, RiversIde, Ca.
SCOPE OF SERVICES
ON-CALL TRAFFIC SIGNAL MAINTENANCE
1. Republic Electric will provide emergency and non-emergency after hour and weekend call-out
service for traffic signals, highway safety lighting, flashing beacons and other electrically
operated traffic control or warning devices. Response to emergency after hour and weekend
call-out services will be within one (1) hour of receipt of call.
2. Republic Electric will provide a certified traffic signal technician with a minimum of three (3)
years experience in traffic signal maintenance and repair. The technician shall be familiar with
programming and trouble shooting type 170 controllers equipped with Bitrans 200 program.
3. Republic Electric will provide all required tools, equipment, apparatus and materials to perform
all work necessary to repair the traffic signals and flashing beacons identified in Exhibits "B" and
"C" of the Request for Proposal (RFP) 127, On-Call Traffic Signal Maintenance Services for the
City of Temecula dated May 5, 2004.
4
R:\AgreementsITrafficlfy07-08IRepublic Elec Amend 5 FY07-08
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ITEM NO. 23
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
1112-
(J(L,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Fifth Amendment for Consultant Services for French Valley Parkway / Interstate-
15 Over-Crossing and Interchange Improvements - Project No. PW02-11
PREPARED BY:
Amer Attar, Principal Engineer
Avlin R. Odviar, Associate Engineer
RECOMMENDATION: That the City Council approve the Fifth Amendment to the consultant
agreement with Moffatt & Nichol Engineers in an amount not to exceed $169,000.00 for additional
services necessary to complete the Project Report and Environmental Document for the French
Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-
11; and authorize the Mayor to execute the amendment to the agreement.
BACKGROUND: On January 14, 2003 the City Council approved an Agreement for
Professional Consultant Services (Agreement), in the amount of $1,091,693.00, with Moffatt &
Nichol Engineers to develop the Project Report and Environmental Document for the proposed
French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No.
PW02-11 and to prepare the Plans, Specifications, and Estimate for the Interim Southbound Off-
Ramp to Jefferson Avenue, Phase 1- Project Nos. PWOO-24 / PW07-04. Four amendments and
five contract change orders have since been approved for additional services not included in the
original Agreement or as needed to supplement existing tasks, bringing the total Agreement amount
to $2,739,916.92.
The Fifth Amendment covers additional engineering services needed to complete the Project Report
and Environmental Document, including a Storm Drain Relocation Study and a revised New
Connection Report supported by additional Traffic Operations Analyses, for the French Valley
Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11 ; in an
amount not to exceed $169,000.00. With this amendment, the total Agreement amount is
$2,908,916.92.
FISCAL IMPACT: The City of Temecula has identified the French Valley Parkway /
Interstate-15 Over-Crossing and Interchange Improvements within its Capital Improvement
Program. Several funding sources are identified including Capital Project Reserves, Development
Impact Fees, Transportation Uniform Mitigation Fees, Measure A, Community Facilities District-
Harveston, and others. Adequate Funds are available in Account No. 210-165-726-5802 to cover
the amount of Amendment No.5, $169,000.00. With this amendment, the total Agreement amount
is $2,908,916.92.
ATTACHMENTS:
1. Project Location.
2. Project Description.
3. Fifth Amendment.
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FIFTH AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
MOFFAT & NICHOL ENGINEERS
FRENCH VAllEY PARKWAY/I.15 OVERCROSSING AND INTERCHANGE
IMPROVEMENT, PROJECT NO. PW02-11
AND
FRENCH VALLEY PARKWAY INTERIM SOUTHBOUND OFF.RAMP TO
JEFFERSON AVENUE - PHASE I
PROJECT NO. PWOO.24
THIS FIFTH AMENDMENT is made and entered into as of June 26, 2007 by and
between the City of Temecula, a municipal corporation ("City") and Moffat & Nichol Engineers
("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 January 14, 2003 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for design services ("Agreement") in the
amount of One Million Ninety One Thousand Six Hundred Ninety Three Dollars and No
Cents ($1,091,693.00).
B. The Agreement was amended on May 24,2005 (Amendment #1) in the
amount of Seven Hundred Ten Thousand Five Hundred Fifty Three Dollars and Forty
Cents ($710,553.40), and again on February 14, 2006 (Amendment #2) in the amount of
Twenty One Thousand Six Hundred Thirty Dollars and No Cents ($21,630.00) and again on
December 12, 2006 (Amendment #3) in the amount of Two Hundred Eighty Three
Thousand Nine Hundred Eighty Two Dollars and Fifty Two Cents ($283,982.52) and again
on March 27, 2007 (Amendment #4) in the amount of Six Hundred Thirty Two Thousand
Fifty Eight Dollars and No Cents ($632,058.00) for additional design services for the Project
Report (PR), Environmental Documents (ED), and to complete the design (Plans, Specifications
& Estimate).
C. The parties now desire to increase the payment for design services to
complete the Project Report and Environmental Document, Storm Drain Relocation Study,
Connection Report and Traffic Operations Analyses in the amount of One Hundred Sixty Nine
Thousand Dollars and No Cents ($169,000.00) and amend the Agreement as set forth in this
Amendment.
2. Section 5a Pavment of the Agreement is hereby amended to read as follows:
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B for services
described in Section B of Exhibit A, attached hereto and incorporated herein by
this reference as though set forth in full. The Fifth Amendment shall not exceed
One Hundred Sixty Nine Thousand Dollars and No Cents ($169,000.00) for
additional design services to complete the Project Report, Environmental
Documents including Storm Drain Relocation Study, Connection Report and
Traffic Operations Analyses for a total agreement amount, of Two. Million Nine
Hundred Eight Thousand Nine Hundred Sixteen Dollars and Ninety Two
Cents ($2,908,916.92).
1
R:ICIPIProjectsIPW02-11IConsultantDocI5ili AmendMoffat & Nichol
3. Exhibit A and B to the Agreement is hereby amended by adding thereto the items
set forth on Attachment "A" to this amendment, which is attached hereto and
incorporated herein as though set forth in full.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Moffat & Nichol Engineers
P.O. Box 22648
Long Beach, CA 90801
(909) 937-0125
Shing-Ching R. Chan, P.E Principal in Charge
Timothy J. Rellaford, P.E., Sr. Vice President
George R. Hale, P.E. Project Manager
(Two Signatures Required For Corporations)
2
R:\CIPlProjects\PW02-11\ConsullanlDoc\s'" AmendMoffal & Nichol
ATTACHMENT A
FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE
IMPROVEMENT, PROJECT NO. PW02-11
AND
FRENCH VALLEY PARKWAY INTERIM SOUTHBOUND OFF-RAMP TO
JEFFERSON AVENUE - PHASE I
PROJECT NO. PWOO-24
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
3
R:ICIPIProjectsIPW02-11IConsultanlDocI5th AmendMoffat & Nichol
.... ......,
..h:j;:
MOFFATT & NICHOL
CITY OF TEMECULA
PROJECT NO. PW02-II FRENCH VALLEY PARKWAY / INTERSTATE-15
OVER-CROSSING AND INTERCHANGE IMPROVEMENTS
MOFFATT & NICHOL ENGINEERS
AMENDMENT NO.5 - SUMMARY OF FEES
It(.jgM!tiiriol'>>:I~.LltllJ.~fl't ,
TASK DESCRIPTION
1 Data Collection and Field Verification
2 Preliminary Hydraulic Calculations
3 Analysis of Alternatives
4 CD System Realignment Study
5 CD System Bridge Study
6 Prepare Draft Report
7 Meetings/Coordination
8 Prepare Construction Cost Estimate
9 Finalize Storm Drain Relocation
10 Other Direct Costs
('}
$
$
$
$
$
$
$
$
$
$
STORM DRAIN RELOCATION STUDY - TOTAL FEE $
,:,"1,S"Iifi;i''''''mi$iilDiiAmiliT.it:ilZ'1iNiiii~IliUi!OiJ:>}<,:\.;. ,d;.;,",",',.\.;;;;;..\.'!.;;iJW" ,
";l~.w.f;~~~~l.m~~~~m~,m~ml~~ ; :'_'('0." !~,--",'iH.'~ ::;.":.
TASK DESCRIPTION
1 Preliminary Engineering and Scoping
2 Traffic Operations Analysis
3 Meeting Attendance
4 Other Direct Costs
$
$
$
$
TRAFFIC OPERATIONS ANALYSIS - TOTAL FEE $
~i.~~'1lIltllgiftlffi,.,"
TASK DESCRIPTION
1 New Connection Report Development
2 Meeting Attendance
3 Coordinatation with LSA, City, Caltrans, and FHWA
4 Other Direct Costs
$
$
$
$
PROJECT MANAGEMENT - TOTAL FEE $
FEE
1,500.00
2,500.00
7,500.00
11,500.00
11,000.00
19,000.00
8,500.00
3,500.00
5,500.00
1,500.00 .
72,000.00
FEE
8,900.00
36,000.00
6,500.00
2,600.00 .
54,000.00
FEE
19,000.00
13,000.00
8,700.00
2,300.00
43,000.00
AMENDMENT NO.5 - TOTAL FEE $
169,000.00
~~~,
MOFFATI & NICHOL
CITY OF TEMECULA
PROJECT NO. PW 02-11 FRENCH VALLEY PARKWAY / INTERSTATE-i5
OVER-CROSSING AND INTERCHANGE IMPROVEMENTS
AMENDMENT NO.5 - SCOPE OF WORK
STORM DRAIN RELOCATION STUDY
GENERAL
The City of Temecula (City) has requested Moffatt & Nichol (M&N) to prepare a Storm Drain
Relocation Study of the major storm drains located west of and parallel to I-IS. Two existing 96 inch
diameter cast-in-place concrete storm drains extend from the proposed French Valley Parkway location
south to Santa Gertrudis Creek. Where the storm drains parallel 1-15 they are currently outside of
Caltrans' right-of-way. The storm drains are owned by Riverside County Flood Control District
(RCFCD). There are several storm drains that cross under and are transverse to 1-15 which feed into
the double 96 inch pipes. During Phase 2 of this project, the freeway will be widened to include the
RCFCD easement containing the double 96 inch pipes. This study will be performed to assess four
alternatives and their associated construction costs:
I. Keep the existing twin 96 inch diameter storm drains in place and make necessary
modifications to the proposed roadway geometry. This would require geometric
modifications to the proposed alignment of the CollectorlDistributor (CD) roadway over
the San Gertrudis Creek and the 1-15 southbound exit ramp to Winchester Road.
Prepare preliminary modified plan and profiles of the south-bound CD System to
minimize impacts to the existing storm drains. Prepare preliminary planning study of a
bridge to support the CD System and avoid conflicts with the storm drains.
2. Relocate the twin 96 inch storm drains west of the proposed 1-15 Caltrans right-of-way
and drain to Santa Gertrudis Creek.
3. Relocate the 96 inch storm drains west of the proposed 1-15 Caltrans right-of-way and
drain to the proposed Army Corps of Engineers' detention basin southeast of the Cherry
Street/Jefferson Avenue intersection.
4. Relocate the storm drains east of the proposed 1-15 Caltrans right-of-way and abandon
the system on the west.
Each of the above alternatives will also impact another longitudinal encroachment of an existing single
96 and 84 inch diameter storm drain within Caltrans' right of way. The approximate limits lie from
Station 112+40 to Station 116+40.
The following are task items and description of anticipated work items:
TASK 1 - Data Collection and Field Verification
Gather and veritY needed data to begin the studies. The work involved will consist of the following:
. Review available existing "As Built" drawings provided by Caltrans and the City.
3780 Kilroy Airport Way, Suite 600, Long Beach, California 90806 (562) 426-9551 Fax: (562) 424-7489
-.~.
MOFFATI & NICHOL
TASK 2 - Preliminary Hydraulic Calculations
Analyze existing storm drain hydraulics for capacity. This will be based on existing "As-Built"
information and existing pipe geometry (size, slope, roughness). Replacement sizing will be based on
existing pipe capacity. A hydrologic study of the local and regional level is not included in this
proposal.
TASK 3 - Analysis of Alternatives
Each of the four alternatives will be studied to determine two primary cv..."vuents. The first being the
feasibility of the design, the second to develop enough detail to determine a reasonable replacement
cost. Where additional right of way may be required we will determine a size of the take only. Right-
of-Way costs will be provided by the City.
TASK 4 - CD System Realignment Study
In support of TASK 3 - Analysis of Alternatives, the alignments of the CD system will be evaluated
for compatibility with Alternative I. A maximum of2 draft realignments will be prepared.
TASK 5 - CD System Bridge Study
In support of TASK 3 - Analysis of Alternatives, the current bridge planning study will be evaluated
for compatibility with Alternative I. A maximum of2 draft realignments will be prepared.
TASK 6 - Prepare Draft Report
The preparation of the draft report will include the description of the existing conditions and summary
of each of the alternatives considered. This will also include preparation of associated exhibits used to
assist in the preparation of the construction costs.
. Develop four alternatives listed above showing preliminary plan and profile views.
. Preliminary desigiJ. will be in accordance with RCFCD standards.
TASK 7 - Meetings/Coordination
This task includes attending up to four meetings with RCFCD, the City, and/or Caltrans. Preparation
of meeting minutes is included in this task. It is assumed the meetings will be attended by two M&N
employees.
TASK 8 - Prepare Construction Cost Estimate
M&N shall prepare preliminary quantity calculations and develop unit costs for items that are
applicable to this project and shall prepare the cost estimate, utilizing the Caltrans Quantity Summary
and Estimate Forms. Construction costs will include estimates for required utility relocations. An
estimate of construction working days will be included with the estimate. Estimates for required right-
of-way will be provided by the City.
TASK 9 - Finalize Storm Drain Relocation Report
The final submittal of the report will incorporate a summary of each alternative showing impacts and
estimated costs of construction/design. The final report will incorporate previous review comments
and assessments of cost and schedule impacts to the development of the project including the
Page 2 of3
~~Ii
MOFFATT & NICHOL
environmental study. (Note: only I Final Report will be prepared in response to comments by the
City; additional revisions to the report are not included in this scope of work).
TASK 10 - Other Direct Costs
Reimbursement for direct costs associated with completing Tasks 1 - 9 including reproduction,
maiVdelivery, and travel.
Project Deliverables:
o Agendas and minutes for each meeting.
o One copy of all As-Built plans obtained from Caltrans, the City, and RCFCD.
o 10 copies of Preliminary Report.
o 10 copies of Final Report.
Project Schedule:
The schedule, depending on alternatives considered, may depend on the Utility Potholing.
The following items are excluded from this scope of work:
o A Hydrologic Study of local or regional catchment areas.
o Hydraulic Analysis of Storm Drain System (Note: this study assumes the
replacement or modifications of the existing system will be achieved with a
hydraulically equivalent system).
o Final design features of alternatives being considered.
o Estimate of Right-of-Way cost associated with each alternative.
o Additional Site Survey.
o Utility Conflict Coordination (included in separate proposal).
o Army Corps Detention Pond Coordination/Design.
Page 3 00
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MOFFATT & NICHOL
CITY OF TEMECULA
PROJECT NO. PW 02-11 FRENCH VALLEY PARKWAY /INTERSTATE-15
OVER-CROSSING AND INTERCHANGE IMPROVEMENTS
AMENDMENT NO.5 - SCOPE OF WORK
TRAFFIC OPERATIONS ANALYSIS
GENERAL
LSA Associates, Inc. (LSA) is pleased to present this proposal/contract amendment request for
preparation of a Traffic Operations Analysis in support of the proposed French Valley interchange in
the City of Temecula, in Riverside County. This scope of work is based on our discussion on the
alternatives to be analyzed and on the email from the City on June 5, 2007. The analysis opening
year will be 2010 and the horizon to be analyzed will be 2030.
Traffic Data and Volume Development will be based on LSA's previous Traffic Operations Report
dated December 2005.
SCOPE OF WORK
TASK 1- PRELIMINARY ENGINEERING AND SCOPING
LSA will visit the locations of the study intersections to verify improvements already in place. This
is required since there have been significant changes to intersection geometrics in the vicinity of the
project which will be required to be included in the opening year and Year 2030 analyses.
LSA has consulted with various agencies FHW A, Caltrans, and the City before and during
coordination meeting at the City ofTemecula on June 5 on appropriate scoping oftraffic analyses.
TASK 2 - TRAFFIC OPERATIONS ANALYSIS
Design Year Conditions - No-Build with Reasonable Improvements to Adjacent Interchanges
The model developed in Traffic Operations Report, December 2005, will be modified to include
"reasonable improvements" to adjacent interchanges. "Reasonable improvements" were determined
at meeting conducted 6/5/07 at the City of Temecula, and include three (3) interchanges:
. I-IS/Winchester Road
. I-IS/Murrieta Hot Springs Road
. 1-215 / Murrieta Hot Springs Road
In addition, ramp metering will be considered and studied under this scenario.
~.-
MOFFATT & NICHOL
An analysis will be performed to assess freeway operations, including weaving and ramp
merge-diverge under design year conditions. Freeway mainline levels of service, ramp
merge-diverge analysis, and weaving analysis will be performed using HCM 2000 analysis
methodologies. Peak hour ramp volumes will be compared to potential ramp meter service rates to
identify probable queuing and delay on the study area on-ramps.
Design year traffic volumes will be examined to determine intersection and freeway segment levels
of service using the HCM 2000 analysis methodologies.
Opening Year Conditions
An analysis will be performed to assess freeway operations, including weaving and ramp
merge-diverge under opening year conditions. Freeway mainline levels of service, ramp
merge-diverge analysis, and weaving analysis will be performed using HCM 2000 analysis
methodologies. Peak hour ramp volumes will be compared to potential ramp meter service rates to
identify probable queuing and delay on the study area on-ramps.
Opening year traffic volumes will be examined to determine intersection levels of service using the
HCM analysis methodologies. In this analysis Synchro 7 software will be used to assess signal
coordination and the resulting influences on intersection levels of serVice.
Opening year conditions will be examined for the two alternatives, no-build conditions as
determined by the PDT, and with project alternative.
Design Year Conditions With Project
An analysis will be performed to assess freeway operations, including weaving and ramp
merge-diverge under design year conditions with the proposed project. Freeway mainline levels of
service, ramp merge-diverge analysis, and weaving analysis will be performed using HCM 2000
analysis methodologies. Peak hour ramp volumes will be compared to potential ramp meter service
rates to identify probable queuing and delay on the study area on-ramps.
Design year traffic volumes will be examined to determine intersection and freeway segment levels
of service using the HCM analysis methodologies.
Traffic Operations Report
The results of the traffic operations analysis will be presented in a technical study. This study will
document the level of service analysis methodologies employed, existing traffic conditions, forecast
future (opening year and design year 2030) traffic conditions for each alternative, and improvements
needed to maintain satisfactory operations under each analysis year. The results of ramp metering
analyses will not be shown in the report; however a discussion and conclusion will be included.
Page 2 00
~~
MOFFAIT & NICHOL
TASK 3 - MEETING ATTENDANCE
Representatives of LSA's Transportation Department will attend up to eight (2 at City + 6 PDT
Meetings) meetings related to the proposed project.
TASK 4 - OTHER DIRECT COSTS
Reproduction, mail/delivery, supplies, and approved travel.
SCHEDULE
We estimate that completion of the necessary analysis and preparation of a draft Traffic Operations
Report will require approximately ten weeks of receipt of authorization to proceed.
Items Specifically Excluded from Scope of Work
This scope of work does not include any micro-simulation analysis of freeway or intersection
operations. In addition, this scope of work does not include preparation of Time-Space Diagrams per
Caltrans District 8 specifications. However, Time-Space Diagrams generated by the Synchro will be
included in the Traffic Operations Report if requested by the PDT. However, LSA strongly
recommends that micro-simulation be conducted since FHW A has requested micro-simulation of
several other projects LSA has been involved with.
This scope also does not include any traffic volume development tasks since it is the direction of the
City to use the traffic volumes from the previous study.
The scope also excludes detailed ramp metering analyses for opening year (without and with project
conditions) and Design Year with project conditions.
COST PROPOSAL
We propose to accomplish this scope of work on an hourly basis consistent with the attached billing
rates and contract provisions. We estimate a budget of $60,570 will be required to accomplish this
scope of work. This amount will not be exceeded without your prior authorization.
It should be noted that through the course of coordinating with City, Caltrans and FHW A staff,
additional analysis not anticipated in this scope of work might be requested. Such requests would
constitute additional, out-of-scope services and may affect the budget and schedule identified in this
proposal. Costs for such work would need to be identified at the time requested.
Page 3 00
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MOFFATT & NICHOL
CITY OF TEMECULA
PROJECT NO. PW 02-11 FRENCH VALLEY PARKWAY / INTERSTATE-15
OVER-CROSSING AND INTERCHANGE IMPROVEMENTS
AMENDMENT NO.5 - SCOPE OF WORK
NEW CONNECTION REPORT
GENERAL
The City of Temecula (City) has requested Moffatt & Nichol (M&N) to prepare a new Traffic
Operations Analysis. FHW A has requested that the Draft Traffic Operations Analysis Report
dated December 20, 2005 be revised. FHW A has requested/stated, via email, from Bren George
(FHW A) to Bruce Ko (Caltrans District 8) dated April 14, 2007, the following:
"For the proposed new connection to the 1-15 to take place, the justification for the
need shall be strong enough per FHW A national policy. Please note that adequate
control of access is critical to providing the highest level of service (in terms of
safety and mobility) on our interstate routes. Therefore, the main FHW A key
policy in justifying the need for this proposed IC shall be to demonstrate that the
existing interchanges and/or local roads and streets in the corridor can neither
provide the necessary access nor be improved to satisfactorily accommodate the
design-year (20-year) traffic demand while at the same time providing the access
intended by the proposal (the proposed new 1-15/ French Valley Parkway IC)."
"The FHW A third policy states, 'the proposed access point does not have a
significant adverse impact on the safety and operation of the Interstate facility
based on TAN analysis of current and future traffic. The analysis for existing
conditions shall include sections of the Interstate to and including the first adjacent
existing or proposed interchanged on either side. Crossroads and other roads shall
be included in the analysis to the extent necessary.' I [Bren George] suggest using
the product of the proposed improvement at the 1-15/Murrieta Hot Spring IC as the
existing condition. Isn't this IC adjacent to the proposed new 1-15/ French Valley
IC project?"
Caltrans via email from Bruce Ko to Perry Schacht (M&N) dated April 17, 2007 explained the
following:
"FHWA does not agree the I-IS/Murrieta Hot Spring (MHS) IC is analyzed with
the existing configurations (without the proposed loop). Before requesting a new
interchange, the adjacent interchanges should be improved to their ultimate. FHW A
is aware there is a proposed project at the I-IS/Murrieta Hot Spring IC. Even
though the MHS project is not in the RTIP yet, it will be in the next RTIP updates.
The proposed improvements shall be included in the revised analysis."
~~.
MOFFA'IT & NICHOL
M&N's understanding of FHW A's request is that since new improvements have been proposed,
immediately north of the proposed French Valley Parkway, those improvements should be added
into the "without" traffic model. In addition, the "adjacent interchanges should be improved to
their ultimate" in the "without" model. The final product will reflect agreements reached at
meeting conducted 6/5/07.
SCOPE OF WORK
TASK 1- NEW CONNECTION REPORT DEVELOPMENT
Develop a new sketch showing the "without" alternative at French Valley Parkway that shows the
proposed and additional improvements to the immediate adjacent interchanges (Murrieta Hot
Springs & Winchester). The interchange improvements will be presented to Caltrans and FHW A
for concurrence prior to proceeding with the traffic models.
Revise the New Connection Report to include the results of the new Traffic Operations Analysis
(includes Initial, Draft, and Final Report), and add text as discussed in meeting 6/5/07 to highlight
benefits of and strengthen the case for the proposed project. Scope of Work is limited to one
initial submittal plus two revisions to the New Connection Report.
TASK 2 - MEETINGS
Attendance at up to 8 meetings by two M&N staff members.
TASK 3 - COORDINATION
Coordination and oversight with the City, Caltrans, and LSA not to exceed 56 hours.
TASK 4 - OTHER DIRECT COSTS
Reproduction, mail/delivery, supplies, travel to/from meetings conducted outside the City of
Temecula.
SCHEDULE
Preparation of the revised New Connection Report will require 4 weeks following completion of
the Traffic Operations Report. Up to two subsequent revisions are allowed and will require 2
weeks each.
Items Specifically Excludedfrom Scope of Work
. Environmental Document Revisions
. Project Report Revisions
Page 2 of3
.... ~ .. '\\1<,~
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MOFFATI & NICHOL
Items Excluded from Scope of Work (cont.)
. Geometric Approval Drawing Revisions
. Exhibits other than noted
. Revisions to Cost Estimates
. Revisions to Plans
. Updates to the Traffic Analysis beyond the year 2030
Page3 of3
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ITEM NO. 24
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Approvals
City Attorney
Director of Finance
City Manager
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//12.
(J(J..
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Temecula Library - Project No. PWOO-07
Completion and Acceptance
PREPARED BY:
Amer Attar, Principal Engineer
Bill McAteer, Construction Manager
RECOMMENDATION:
That the City Council:
1. Accept the construction of the Temecula Library, Project No. PWOO-07 as complete
and;
2. Release the Performance Bond and accept a one year Maintenance Bond in the
amount of 10% of the contract amount and;
3. Release the Materials and Labor Bond seven months after filing the Notice of
Completion if no liens have been filed.
BACKGROUND: On April 12, 2005 the City Council awarded a construction contract to EDG E
Development, Inc. in the amount of $11 ,757,812.30 and authorized the City Manager to approve
change orders that are within the 10% contingency amount of $1 ,175,781.20.
The project consists of the construction of a 34,000 square foot steel frame building with a clerestory
central hallway. The public area of the library consists of two community rooms, a children's room
with a story time room, a reference library, book stacks, a heritage room, five study rooms, a
technology homework room, a kitchen, and public restroom facilities. The staff area includes office
space, a lounge, and restrooms for the support staff. The exterior features a parking lot which offers
133 parking spaces and includes a walkway with a history time line, a front courtyard, and an
inspiration garden.
EDG E Development Inc., has made a claim for $165,223.00 for extended general conditions that
staff has denied. Edge has also requested that the Maintenance Bond period start on December 14,
2006, the date that the Library was opened. City Staff has also denied this. Our specifications
require that the maintenance period begins after acceptance of the project and approving the final
estimate. A compromise has been reached between City Staff and EDGE Development in Contract
Change Order#17. The City of Temecula has agreed to establish the completion date as December
14, 2006 and EDGE Development has agreed to forever waive any claims for additional
compensation. As part of this settlement, the City agreed to file and record the Notice of Completion
as soon as Change Order#17 is executed. The recording of the Notice of completion is set to take
place prior to the City Council Meeting of June 26, 2007.
FISCAL IMPACT: The Temecula Library is a Capital Improvement Project included in Fiscal
Year 2006-2011 Capital I mprovement Program Budget. The total construction budget approved for
the project was $12,933,593.50, which included the contract amount of $11 ,757,812.30, plus the
10% contingency amount of $1 ,175,781.20. The final project cost was $12,494,856.51.
ATTACHMENTS:
1. Maintenance Bond
2. Contractor's Affidavit and Final Release
,
" .
PROJECT.NO; PWOO-o7 ",.
'JAN\.iARY is, 2.00$ . .
TEMEOOLA:.PUBUC WRA1W
TENECUl:A, CAUFORmA
"
.CIIY.OF TEMECULA, PUBUC WORKS DEPAR;TMENT . .' . .
. . "EXECUTED IN DUPLICATE
. BOND 'NO. 6302791
. MAINTENANCE MND
, PREMIUM INCLUDED IN r""'" vi",..ANCE BOND
PR,OJECT NO, .PWOO-07
TEMECULA PUBUC UBRARY
.fC!IlOW Au,. PERSONS BY THESE PRESEtff THAi:
EDGE. DEVELOPMENT, INC.
. 27368 Vll INDUSTRIA, SUITE 101
TEMECULA, CA 92590
NAME AND ADDRESS CVNTRACTOR'S
a . . CORPORATION
. .(nII in whether a c..,^"~,,,~ F~ ~~J.;" Or indiyidual)
SAFECO INSURANCE COMPANY OF AMERICA
330 NORTH BRAND BOULEVARD, SUITE 680
GLENDALE, CA 91203
, hereinafter called' Principal, and
~. '
NAME AND ADDRESS OF SlJRETY
"
hereinafter called SURETY, are held and fiimty bound unto CITY OF TEMEcuI..A,
berelnafter caned OWNER,. in the penal sum of ONE MILLION TWO HUNDRED FORTY NINE THOUSAND
FOUR HUNDRED EIGHTY FIVE DOl.U\RS and SIXTY SIX
CENTS ($ 1,249,485.66 .)'in lawful money of the United States, said sum being'nOt
less than ten (10%) of the Contract value payable by the said Qty of Temecula uooer the terI]1s
of the Contract,. for the payment of whim, we bind oi.ttseIves, successors, and ll$igos, jointly
and severally, firmly by these ,.,. ,,""co, ,:So
ll-lE Q)NDmON OF TIllS OBllGATION is such that whereas, the Prihdpal G' ,;"" GJ into acenain
COntract with the OWNER,. dated the --1.21:# day of A PRn , 20 Q.,'G a ropy. of
, .which is hereto al:lached and made a part hereof for the c.onstructltin of PR.OOECf NoipWoo~
.. 07, iEMECUl.A PUIlUC ltBRARY.
WHEREAS, said Contract provides that the Principal \\111 furnish a bond c.ond'rtioned'to gUarantee
for the period of one (1) year after approval of the flnal estimate on said job, by the OWNER,.
against all defects in workmanship and materials whim may become apparent durlAQ saId period;
and
WHEREAS, the said Contract has been c.ompleted, and the final estimate was approved on ~EMBER
14 ,2.006,
MAIlfJENANCE BONO
M-l
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State~.f
CALIFORNIA
.............--....------------------...,.--------.. .._-~~.-.... \. ~ ~ ~ \..~".. ':~.,...,...',-...._'-...."-'-'-"-'-'-....'-'-""'--,...'---"-......:
No. 519
County of SAN DIEGO
,
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On 6/6/2007
O~~E
before me
DEBORAH D. DAVIS, NOTARY PUBLIC
NAME, TITLE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared STEVEN S. PROPHET, KAREN JEAN HALL
., NAME(S) OF SIGNER{S)
li!I personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
^
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-
SIGNATURE OF NOTARY
- OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reanachment of thIs form. SIGNER(S) OTHER THAN NAMED ABOVE
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary 10
fill in the data below, doing so may prove
Invaluable to persons relying on the document.
. 0 INDIVIDUAL
III CORPORATE OFFICER(S)
PRINCIPAL (COO
TlTlE(.)
o PARTNER(S) 0 LIMITED
o GENERAL
IX! ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR E,t4TITY(IES)
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,
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.
,
I'Il.OJECT MOl PWOO.o7
JANUARY 6, 2.00S
TEMEWLA PUBUCUllRJl.RY
TEMECtlLA, cAUroiiiaA
NOW, THEREFOREi 11f&OONOmGN';OF llIIS :08UGAtJ:ONJ'S 'SUCH, tn<lt if within one
Ye<lr from the date of approv<ll of the final estimate on said job pursuant" tu the Contract, the
work done under the tenns of said ConWclct 'shalldisdose'Poor workmanship in the execution of'
said wort<, and the canying out of the terms of said Contracl:, or it shall appear that defedive
, materials were furnished thereunder;. then this 'obligation' shall remain in full force and virtue,
otherwise this instrument shall I)e void. . . ..
As a part of the obligation secured hereby and lri additiOn 'to the'tace'amountsPecffled, 'costS arld
reasonable expenses and fees shall be induded, induding reasonable attorneys' tees inanred by
the City of TemeaJla in successfully enfordng this obligatlon, all tu be taxed as a:>sl5 and
induded in any judgment rendered,
The Surety nereby stipulates and agrees that no d1ange, extension of time, alteration, or addition
. tD the terms of the Contract, or to the woJ1< to be pelformed thereunder, or to the spedficatior'1s
a~v, "jX>nying the saine, shall in any way affect itS obligationS on tl'lls"bOnd, and it do~ hereby
waive notice of any such change, extension of time, alteration, or add"ftion to the tenns of the
Contract, or to the wort<, or to the Spedfic:ations. .
Signed and sealed this 6TH
day of
JUNE
.20~'7
(seal,
SAFECO INSURANCE COMPANY OF AMERICA
SUR7/4 IJiL
By: J(~~, _ /
KAREN JEAN HAL
(Name)
~~~ORN~Y-TN-FAC~
(Title)
--
EDGE DEVELOPMENT, INC.
PRINCIPAL --c-
" ....-/'
---. ...- .. --.
7~~ "."
STEVEN S. PROPHET
(Name) .
PRINCIPAL/COO
(Trtle)- ,i
By;
----
APl'JtOVEO.AS ro FORM:
."
.. .
(Name) .
.,.~..- : .
Peter M. Thorson, 'Oty Attorney .
..(Tnj.e)
MAlNTeNANc!; IIOND
M-2
... ~~
~~
- - -
'~A r-
ECO"
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE. SAFECO PlAZA
SEATTLE. WASHINGTON 98185
No. 8062
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
***************:I<************'**********HELEN MALONEY, JOHN G. MALONEY, l'vfARK D. !AT AROLA, KAREN JEAN HALL, MATTEEW C. GAYNOR;
DEBORAH D. DAVIS; Escondida, Califomia************,******************>I<*************************:1<*******************'*************************
its true and lawful attomey(s)-in-fact, with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby
IN V"lTNESS Vl.HEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 7th
day of February , 200;
~k fAc-~\~
MIKE MCGAVICK, PRESIDENT
CHRISTINE MEAD, SECRETARY
CERTI FI CA TE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. _ FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles With
authority to exeaJte on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shan not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i} The provisions of Article V, Section 13 ofthe By-Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
{iii) Certifying that sald power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I. Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify
that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN VVlTNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
6TH
day of
JUNE
2007
CHRISTINE MEAD, SECRETARY
S-0974/SAEF 2/01
@A registered trademark of SAFECO Corporation
02/07/2005 PDF
_ J
..
PROJECT NO. PWOO-07
JANUARY 6, 2005
TEMECULA PUBUC UBRARY
TEMECULA, CALIFORNIA
CJ:TYOF TE:MECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PWOO-07
TEMECULA PUBLIc LIBRARY
This is to certify that EDGE DEVELOPMENT. INC .(hereinafter the "CONTRACTOR")
declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials,
supplies, labor, services, tools, equipment, and all other bills contracted for by the
CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or
in contribution to the execution of it's contract with the City of Temecula, with regard to the
,building, erection, construction, or repair of that certain work of improvement known as
PROJECT NO. PWOO-07, TEMECULA PUBLIC LIBRARY, situated in the City of Temecula,
State of California, more particularly described as follows:
30620 pauba Road. Temecula. CA 92592
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK HERE
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTORJ (Attached please find a current list of all
pending Subcontractor/Vendor payments with status and amounts as of 6.14.07)
Further, in connection with the final payment of the Contract, the CONTRACTOR hereby
disputes the following amounts:
Description
Dollar Amount to Dispute
. Pursuant to Public Contract Code ~7100, the CONTRACTOR does hereby fully release and acquit
the City of Temecula and all agents and employees of the City, and each of them, from any and
. all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
Dated:
c;~r/u?
, ,
CONTRACTOR
By: ~.
Signature
Steve Rogers, Senior Vice President
Print Name and lltle
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ITEM NO. 25
I
I
ORDINANCE NO. 07-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTIONS 3.28.130,
3.28.250, AND 3.28.290 OF THE TEMECULA MUNICIPAL
CODE CONCERNING PURCHASES OF SUPPLIES AND
EQUIPMENT TO BE MADE BY FORMAL BID ABOVE A
MINIMUM AMOUNT TO BE SET BY CITY COUNCIL
RESOLUTION
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 3.28.130 of the Temecula Municipal Code is hereby
amended to read as follows:
Section 3.28.130 Formal (sealed) bid orocedures.
Except as otherwise provided herein, purchases of supplies
and equipment shall be awarded to the lowest responsible
bidder pursuant to the formal bid procedure hereinafter
prescribed when the estimated value of the purchase
exceeds an amount set by resolution of the City Council.
Section 2. Section 3.28.250 of the Temecula Municipal Code is hereby
amended to read as follows:
Section 3.28.250 Ooen market or informal bid orocedure.
Purchases of supplies and equipment of an estimated value
in the amount set by a resolution of the City Council, or less,
may be made by the purchasing agent in the open market
pursuant to the procedure prescribed in Sections 3.28.260
through 3.28.280 and without observing the procedure
prescribed in Sections 3.28.130 through 3.28.240; provided,
however, that all bidding may be dispensed with for
purchases of supplies and equipment having a total
estimated value of an amount set by a resolution of the City
Council.
Section 3. Section 3.28.290 of the Temecula Municipal Code is hereby
amended to read as follows:
Section 3.28.290
reauirement.
Exceotions to comoetitive biddina
R:/Ords 2007/0rds 07-07
Notwithstanding any provision of this chapter to the contrary,
the formal bidding procedure and requirements shall not be
required in any of the following instances:
A. When the estimated amount is less than the amount
set by a resolution adopted by the City Council;
B. When the equipment or supplies can be obtained
from only one vendor;
C. The City Manager may authorize the purchase of
materials, supplies, equipment, and services where and
emergency is deemed to exist and it is determined that
service involving the public health, safety or welfare would
be interrupted if the normal procedures were followed,
provided that all emergency purchases which would
otherwise require formal bidding procedures made pursuant
to this section shall be submitted to the City Council for
ratification at the next regular council meeting after the
purchase is authorized;
D. Contracts for personal, professional and consultant,
and maintenance services;
E. Any agreement involving acquisition of supplies,
equipment or services entered into with another
governmental entity. (Ord. 96-22 Section 4; Ord. 90-02
Section 1 (3.12.290))
Section 4. The City Clerk shall publish this Ordinance in the manner required
by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
R:/Ords 2007/0rds 07-07
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 07-07 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 12th day of June, 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , 2007, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
R:/Ords 2007/0rds 07-07
3
TEMECULA COMMUNITY
SERVICES DISTRICT
Ii
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I.
ITEM NO. 26
I
I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
JUNE 12, 2007
A regular meeting of the City of Temecula Community Services District was called to order at
7:40 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Naggar, Roberts, Washington
Comerchero
ABSENT:
o
DIRECTORS:
None.
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
27 Minutes
RECOMMENDATION:
27.1 Approve the minutes of May 22,2007.
28 Temecula Communitv Services District Fiscal Year 2007-2008 Annual Maintenance
Aareements
RECOMMENDATION:
28.1 Approve the minor annual maintenance and construction contracts for FY2007-2008
with:
1. Rizzo Construction, for an amount not to exceed $200,000.00
2. Moore Fence, for an amount not to exceed $150,000.00
3. Park Specialties, for an amount not to exceed $150,000.00
4. Alexander Pacific, for an amount not to exceed $100,000.00
5. N.P.G. Inc. for an amount not to exceed $100,000.00
6. Imperial Paving Company, Inc. for an amount not to exceed $100,000.00
7. Strong Painting, for an amount not to exceed $100,000.00
8. Craftsmen Plumbing, for an amount not to exceed $75,000.00
9. Power Distributors Inc. for an amount not to exceed $50,000.00
10. Monteleone Contractor's, Inc. for an amount not to exceed $50,000.00
11. Tiger Equipment, Inc. for an amount not to exceed $50,000.00
R:\Minutes\061207
29 Inclusion of Tracts into Service Level B and Service Level C for Fiscal Year 2007-2008
RECOMMENDATION:
29.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 07 -05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING
CERTAIN TRACTS INTO TCSD SERVICE LEVEL B FOR PURPOSES OF
FUNDING THE ENERGY CHARGES FOR RESIDENTIAL STREET LIGHTS
BEGINNING FISCAL YEAR 2007-2008
29.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 07 -06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING
CERTAIN TRACTS INTO SERVICE LEVEL C BEGINNING FISCAL YEAR 2007-
2008
30 Third Amendment to the Heatina and Air Conditionina Service Aareement with Southcoast
Heatina and Air Conditionina for FY2007-2008
RECOMMENDATION:
30.1 Approve the Third Amendment with Southcoast Heating and Air Conditioning for
$45,000.00, to provide Heating and Air Conditioning Maintenance Services and
extend the Agreement to June 30, 2008.
31 Aareement with Environmental Cleanina Solution & Services. Inc. for Park Restroom and
Picnic Shelter Janitorial Maintenance Services
RECOMMENDATION:
31.1 Approve the Agreement with Environmental Cleaning Solutions & Services, Inc. in
the amount of $70,548.00 plus a 10% contingency in the amount of $7,054.80 for
Janitorial Maintenance Services for FY2007-2008.
32 Patricia H. Birdsall Soorts Comolex. Proiect No. PW01-17CSD- Concession Buildina Tenant
Imorovements. Comoletion and Acceotance
RECOMMENDATION:
32.1 Accept the Concession Building Tenant Improvements work done by Rizzo
Construction, Inc. as complete;
32.2 Direct the City Clerk to file a Notice of Completion.
R:\Minutes\061207
2
33 Patricia H. Birdsall Soorts Como.lex. Proiect No. PW01-17CSD - Proiect Acceotance and
Filina of the Notice of Comoletion
RECOMMENDATION:
33.1 Approve an appropriation of $221,000.00 from Development Impact Fees (DIF) -
Quimby to cover final contract and budget costs for the Patricia H. Birdsall Sports
Complex -Project No. PW01-17CSD;
33.2 Approve Construction Contract Change Order No. 25 in the amount of $94,419.00;
33.3 Accept the Patricia H. Birdsall Sports Complex Project - Project No. PW01-17CSD-
as complete;
33.4 File the Notice of Completion, release the Performance Bond, and accept a one-
year Maintenance Bond;
33.5 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion, if no liens have been filed.
34 Amendment NO.1 to the Aareement with Maraarita Officials Association
RECOMMENDATION:
34.1 Approve Amendment NO.1 to the Agreement with Margarita Officials Association in
the amount of $6,000 for adult softball officiating.
MOTION: Director Washington moved to approve the Consent Calendar. Director Edwards
seconded the motion and electronic vote reflected unanimous aooroval.
CSD PUBLIC HEARING
35 Review and Adootion of the FY 2007-08 Annual Ooeratina Budaet
RECOMMENDATION:
35.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 07 -07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING
THE FY 2007-08 ANNUAL OPERATING BUDGET AND ESTABLISHING
CONTROLS ON CHANGES IN APPROPRIATIONS
By way of Powerpoint Presentation, City Manager Nelson provided a brief staff report of the
Temecula Community Services District FY2007-2008 Operating Budget, highlighting on the
following:
o Total Projected Revenues $21,653,533
R:\Minutes\061207
3
o Total Proposed Expenditures $22,058,176
o Special Tax R.E.ST Rate Per Household
o R.E.ST Program
o Park and Recreation Facility Increases
o Parks and Recreation Programs.
At this time, the public hearing was opened and due to no speakers, it was closed.
The Directors of the Temecula Community Services District thanked City Manager Nelson for
his report.
MOTION: Director Naggar moved to approve the Consent Calendar. Council Member Edwards
seconded the motion and electronic vote reflected unanimous aDDroval.
36 TCSD Pro Dosed Rates and Charaes for Fiscal Year 2007-200l:!
RECOMMENDATION:
36.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 07 -08
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET
LIGHTING, SERVICE LEVEL C - PERIMETER LANDSCAPING AND SERVICE
LEVEL D - REFUSE AND RECYCLING COLLECTION SERVICES FOR FISCAL
YEAR 2007 -2008
36.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 07 -09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL R - ROAD MAINTENANCE
SERVICES FOR FISCAL YEAR 2007 -2008
Director of Community Services Parker provided a staff report (of written material) of Fiscal Year
2007-2008 Rates and Charges, highlighting on the following:
o Service Level B - Residential Street Lights
o Service Level C - Perimeter Landscaping and Slope Maintenance
o Service Level D - Recycling, Refuse, and Greenwaste Collection
o Service Level R - Street and Road Maintenance.
At this time, the public hearing was opened.
For the City Council, City Clerk Jones advised that written correspondence was received by Mr.
Ellen Kalosky opposing Service Level Band D.
R:\Minutes\061207
4
In response to Director Washington's query, Director of Community Services Parker noted that
13,000 parcels would vote on the Rates and Charges.
At this time, the public hearing was closed.
MOTION: Director Naggar moved to approve staff recommendation. Director Edwards
seconded the motion and electronic vote reflected unanimous aooroval.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
Director of Community Services Parker advised that the new Guide to Leisure Activities
brochure was sent to residents and is filled with many exciting events.
CSD GENERAL MANAGERS REPORT
No additional comments.
CSD BOARD OF DIRECTORS REPORTS
No additional comments.
CSD ADJOURNMENT
At 7:56 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, June 26, 2007, at 5:30 p.m., for a Closed Session, with regular session commencing
at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL]
R:\Minutes\061207
5
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ITEM NO. 27
I
I
Approvals
City Attorney
Director of Finance
City Manager
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TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 26, 2007
SUBJECT:
Arts Council Community Grant Agreement
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the Board of Directors approve the Community GrantAgreement
between the Temecula Community Services District (TCSD) and the Arts Council of Temecula
Valley in the amount of $40,000 for fiscal year 2007/08.
BACKGROUND: The Arts Council ofTemecula Valley (Arts Council) has been providing
a variety of arts and cultural activities in the City of Temecula for several years. The Arts Council
produces the annual Temecula Valley Arts Festival, collaborates with other local organizations to
provide art education opportunities to youth, provides re-granted funding to other arts organizations,
partners with the TCSD to showcase local artists at the Gallery at the Merc, and provides many
other arts programs and opportunities. The detailed accomplishments of the previous year and
goals for next year are outlined in the attachments to the proposed agreement.
The Arts Council worked extensively with City staff and AMS Planning and Research in the
development of the City's Cultural Arts Master Plan. By way of the Community Grant Agreement,
the Arts Council commits to continue the implementation process of the Cultural Arts Master Plan.
TCSD staff and the Arts Council have agreed upon the goals and objectives that the Arts Council
will implement by the end of fiscal year 2007-08 as part of this agreement. The Arts Council's efforts
will continue to focus on:
D Providing opportunities for arts education in schools and the community
D Generating greater awareness and participation in arts and cultural programs
D Enhancing the community through art in public places
D Assisting, encouraging, and fostering cooperation among cultural organizations and
individual artists in the Temecula Valley
D Developing performing and visual arts facilities
D Preserving the historic legacy of the Temecula Valley
This agreement provides $40,000 in funding for continued implementation of the cultural arts
programs in the City of Temecula. The Arts Council will submit an invoice to the TCSD atthe end of
each calendar quarter for the actual costs of personnel, which will be accompanied by appropriate
documentation.
FISCAL IMPACT: Funding in the amount of $40,000 is appropriated in the TCSD budget
for FY 2007-08 for the Arts Council program.
ATTACHMENTS:
Community Grant Agreement
COMMUNITY GRANT AGREEMENT BETWEEN THE
TEMECULA COMMUNITY SERVICES DISTRICT
AND THE ARTS COUNCIL OF TEMECULA VALLEY
THIS AGREEMENT is made by and between the Temecula Community Services
District (TCSD), a municipal corporation, and the Arts Council of Temecula Valley, a non-profit
corporation, and is dated as of June 26, 2007. In consideration of the mutual covenants and
agreements contained herein, the parties agree as follows:
1. This Agreement is made with respect to the following facts and purposes,
which each of the parties hereto acknowledge and agree to be true and correct:
a. The Arts Council of Temecula Valley ("Arts Council") coordinates
many programs for the cultural arts within the City of Temecula, which are not provided
by the TCSD's recreation and cultural arts program.
b. The Arts Council warrants and represents to the TCSD that it is a
non-profit, tax exempt corporation under the tax laws of the United State and California,
and agrees to continue in such status during the term of this Agreement.
b. The Board of Directors desires to award a community grant to the
Arts Council in the amount of forty thousand dollars ($40,000.00) for the purpose of
continuing and enhancing its cultural arts programs within the City of Temecula. The
Board of Directors hereby allocates $40,000 for the costs of personnel working for the
Arts Council for fiscal year 2007-2008.
c. This Agreement provides for the manner in which the grant will be
paid to the Arts Council.
2. The TCSD shall pay to the Arts Council on a quarterly basis, an amount equal
to the actual costs for employees of the Arts Council for the preceding quarter, not to exceed
$10,000.00 per quarter or $40,000.00 for the fiscal year ending June 30, 2008. Arts Council
shall submit an invoice to the TCSD at the end of each calendar quarter for the actual costs of
personnel, which shall be accompanied by such documentation as reasonably required by the
Director of Finance to establish that such costs were incurred by the Arts Council. TCSD shall
pay the invoice or provide its written objections to it within thirty (30) working days following
receipt by the TCSD.
3. The term of this agreement shall be July 1, 2007 to June 30, 2008.
4. The Arts Council and TCSD staff have developed goals and objectives
which are set forth in Exhibit A. The Arts Council is committed to implementing these Goals
and Objectives and assisting the TCSD in implementing the City's Cultural Arts Master Plan.
5. The Arts Council will provide to the City of Temecula twenty (20)
complimentary tickets to the Mayor's Ball for the Arts event.
6. The TCSD may at any time, for any breach of this Agreement, suspend
C:IWI N DOWSlapsdoclnettemp\38881$ASQpdf848121 .doc
or terminate this Agreement, or any portion hereof, by serving upon the Arts Council at least ten
(10) days prior written notice. If the breach is corrected during this ten-day period, TCSD may,
in its sole and exclusive discretion, rescind the termination. If the TCSD suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement. Arts Council shall make available to the TCSD its
books, records and financial documents in such form as to allow TCSD to verify Arts Council's
compliance with the terms of this Agreement.
7. The Arts Council agrees to defend, indemnify, protect and hold harmless
the City, TCSD, its officers, officials, and employees from and against any and all claims,
demands, losses, defense costs or expenses, including attorney fees and expert witness fees,
or liability of any kind or nature which the City, its officers, agents and employees may sustain
or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Arts Council's negligent or wrongful acts or omissions arising out of or in
any way related to the performance or non-performance of this Agreement, excepting only
liability attributable to the active negligence of the City.
8. Arts Council shall procure and maintain, or shall have provided on its
behalf, for the duration of fiscal year 2007-2008 insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of the
activities of the Arts Council, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No. CG
00 01 11 85 or 88, including a non-owned auto endorsement.
(2) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. Workers Compensation Insurance
shall not be required if the Arts Council has no employees.
b. Minimum Limits of Insurance. Arts Council shall maintain limits on the
policies described in Subsection a. of no less than the following amounts unless otherwise
approved by the City Manager:
(1) General Liability: One million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage.
(2) Workers' Compensation as required by the State; Employer's
Liability: One million dollars ($1,000,000) per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager.
d. Other Insurance Provisions. The general liability policies shall contain, or
be endorsed to contain, the following provisions:
(1) The City, TCSD, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising out of activities
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performed by or on behalf of the Arts Council; premises owned, occupied or
used by the Arts Council; or automobiles owned, leased, hired or borrowed by
the Arts Council. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or volunteers.
(2) For any claims related to this Agreement, the Arts Council's
insurance coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Arts
Council's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Arts Council's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested, has been given to the City.
e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current AM. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Arts Council shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Arts Council's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
9. Arts Council is and shall at all times remain as to the City and TCSD a
wholly independent contractor. The personnel performing the services under this Agreement
on behalf of Arts Council shall at all times be under Arts Council's exclusive direction and
control. Neither City nor any of its officers, employees or agents shall have control over the
conduct of Arts Councilor any of Arts Council's officers, employees or agents, except as set
forth in this Agreement. Arts Council shall not at any time or in any manner represent that it or
any of its officers, employees or agents are in any manner officers, employees or agents of the
City. Arts Council shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind City in any manner.
10. Any notices which either party may desire to give to the other party under
this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery
by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
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certified mail, postage prepaid, return receipt requested, addressed to the address of the party
as set forth below or at any other address as that party may later designate by Notice. Notice
shall be effective upon delivery to the addresses specified below or on the third business day
following deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attention: City Manager
To Arts Council:
Arts Council of Temecula Valley
P.O. Box 2337
Temecula, California 92593
Attention: Executive Director
11. The Arts Council shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City or
TCSD.
12. This Agreement contains the entire understanding between the parties
relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Jeff Comerchero
President
Attest:
Susan Jones, MMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
ARTS COUNCIL OF TEMECULA VALLEY, a California
non-profit corporation
Arny Bereson, Ph.D.
President
Ruth Hobbs
Executive Director
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:/" liP ~
COUNCIL
OF TEMECULA VALLEY
BOARD OF TRUSTEES
Walt Allen
Charles & Nicolet Araujo
Arnold Bereson
Vicki A. Cochetas
Bill Gould
Patricia Lusin
AI Rattan
Sheila Havens Ryle
Bruce Singer
CONSULTANTS
Eduardo Ferrer
Jim Meyler
Stewart M. Morris, Jr.
Karen Parrott
Alicen Wong
DIRECTOR OF
OPERATIONS
Ruth H. Hobbs
EXECUTIVE
ASSISTANT
Linda Shinkle
ARTS COUNCIL OF
TEMECULA VALLEY
28481 RANCHO CAUFORNIA
ROAD, SUITE 110
TEMECULA, CA 92590
MAlUNG: P.O. BOX 2337
TEMECULA, CA 92593
PHONE: 951. 695.ARTS
FAX: 951. 695.9438
Info@artsinthevalley.org
www.artsinthevalley.org
June 6, 2007
Mr. Herman Parker
City of Temecula
43200 Business Park Drive
Temecula, California 92590
RE: ECONOMIC DEVELOPMENT FUNDING PROGRAM to
THE ARTS COUNCIL OF TEMECULA VALLEY for
IMPLEMENTATION OF THE CULTURAL ARTS MASTER PLAN
Dear Herman,
The Arts Council of Temecula Valley aims to continue to realize the
Cultural Arts Master Plan. Working cooperatively with the City of Temecula,
the Arts Council is positioned to move forward during fiscal year 2007-
2008, to continue implementing objectives of the six goals outlined in the
Cultural Arts Master Plan.
The six goals, as outlined in the Plan, include providing opportunities for
arts education in schools and the community, generating greater aware-
ness and participation in arts and cultural programs, enhancing the com-
munity through art in publiC places, assisting, encouraging and fostering
cooperation among cultural organizations and individual artists in the Te-
mecula Valley, developing performing and visual arts facilities, and pre-
serving the historic legacy of Temecula Valley.
In the 2007-2008 fiscal year the Arts Council is committed to accomplish-
ing the following goals:
ARTS IN EDUCATION: TO PROVIDE OPPORTUNITIES FOR ARTS EDUCA-
TION IN SCHOOLS AND THE OVERALL COMMUNITY.
Coordinate the 8th Annual Summer Youth Art and Music Institu~e
June - August 2007 and continue partnerships with Temecula Valley Uni-
fied School District, Safe/Pals, and Boys and Girls Clubs of Southwest Riv-
erside County for facilities use and promotion of the Institute.
Continue to craft the new Arts Education Partnership for at-risk youth in
partnership with Safe/Pals, and Boys and Girls Clubs of Southwest River-
side County, Rancho Vista High School and the City of Temecula.
Co-sponsor with the Promenade Mall to expand the 9th, Annual Youth Art
Exhibition to include all Temecula Valley Unified School District, Murrieta
Unified School District, private, local schools.
Encourage local students and adults to enter or audition for regional, state
and national competitions by distributing information through mailings, telephone calls, email and the
Arts Council's website.
PUBLIC INVOLVEMENT: TO GENERATE GREATER AWARENESS AND PARTICIPATION IN ARTS AND
CULTURAL PROGRAMS.
Produce the 17th Annual, Temecula Valley Arts Festival and showcase as many cultural arts organizations
as possible during that time.
Develop and advertise Gallery at the Merc visual art exhibits.
Increase Council's viSibility and programs by forging partnerships with social services, economic
development, business and other agencies where the arts can improve quality of life.
Establish internships through local businesses to support the Growth Through the Arts Program (GAP).
Continue adding to the Arts Council's Website, www.artsinthevalley.org, by expanding the Resource
Directory, providing additional regional, state and national links to arts, culture, and tourism.
Provide mechanisms for arts organizations or arts related businesses to promote their activities and
business via the Arts Council Website.
Produce and distribute a biannual art event booklet. Distribution would include new home owners,
events participants and audiences, businesses, the Chamber of Commerce and hotels.
PUBLIC ART: TO ENHANCE THE COMMUNITY THROUGH ART IN PUBLIC PLACES.
Increase participation in the 2008 Youth Art Exhibit to over 900. Theese original works of art, will be
displayed at the Promenade Mall.
Partner with the City of Temecula to secure new artists for the Gallery at the Merc.
Continue to be available to developers and the public agencies interested in producing public art.
COLLABORATION & SUPPORT SERVICES: TO ASSIST, ENCOURAGE, AND FOSTER COOPERATION AMONG
CULTURAL ORGANIZATIONS AND INDIVIDUAL ARTISTS IN TEMECULA.
Continue assisting arts organizations by marketing their events through the Arts Festival and other Arts
Council events.
Continue to educate newer arts organizations through workShOps.
Continue to support arts organizations by securing reg ranting monies.
Update and maintain the Cultural Arts Master Calendar on the Arts Council's website and encourage
cultural arts organizations to submit dates for inclusion.
Assist Shakespeare in the Vines repertory company and Temecula Music Festival boards to secure
non-profit status.
Assist in developing workshops for the International Film Festival.
Assist Musicians Workshop with the International Jazz Festival.
Assist all local Arts groups to secure facilities and publicize their events.
Develop relationship with Community College's Music and Visual Art Education Programs.
Continue publicizing local, cultural arts organizations, calls for artists, auditions, and events.
FACILmES: TO DEVELOP FACIUTIES TO ACCOMMODATE PERFORMING AND VISUAL ARTS.
Continue working with the City to develop the Mercantile Gallery.
Continue working with artists and the City to develop participation at the Old Town
Temecula Community Theatre.
Establish venues for the new, Shakespeare in the Vines repertory company.
HERITAGE: TO PRESERVE THE HISTORIC LEGACY OF TEMECULA VALLEY.
Continue to assist with the redevelopment of Dorland Art Colony.
Continue supporting the efforts of both the Temecula Valley Museum and Temecula Valley Historical
Society by publicizing their events and making available their information at the Arts Council's office.
I would thank you in advance for your confidence in the Arts Council of Temecula Valley to implement the
Cultural Arts Master Plan. It has been a rewarding and exciting experience these past few years.
Sincerely,
r/~
Ruth Hobbs
Executive Director
for the Board of Trustees
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REDEVELOPMENT
AGENCY
Ii
-
I.
ITEM NO. 28
I
I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
JUNE 12, 2007
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:56
p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerchero, Naggar, Roberts,
Washington, and Edwards
ABSENT:
o
AGENCY MEMBERS:
None.
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
RDA CONSENT CALENDAR
37 Minutes
Aoorove the minutes of Mav 22. 2007.
MOTION: Agency Member Washington moved to approve the RDA Consent Calendar.
Agency Member Comerchero seconded the motion and electronic vote reflected unanimous
aooroval.
RDA BUSINESS
38 Review and Adootion of the FY 2007-08 Annual Ooeratina Budaet
RECOMMENDATION:
38.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 07 -03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY
2007-08 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON
CHANGES IN APPROPRIATIONS
R:\Minutes\061207
By way of Powerpoint Presentation, City Manager Nelson provided a staff report (of written
material) of the Temecula Redevelopment Agency FY-2007-2008 Annual Operating Budget,
highlighting on the following:
o Total Projected Revenues $16,192,529
o Total Proposed Operating Expenditures $13,657,287
o Development Agency Program Highlights
o Fac;:ade Improvements ($80,000)
o Debt Service Increase $1.2M due to issuance of 2006 RDA Tax Allocation Bonds
o Old Town Specific Plan Implementation ($200,000).
MOTION: Agency Member Comerchero moved to approve the FY2007-08 Annual Operating
Budget. Agency Member Washington seconded the motion and electronic vote reflected
unanimous aooroval.
39 Review and Adootion of the FY 2008-12 Caoitallmorovement Budaet for the Redevelooment
Aaencv!RDA)
RECOMMENDATION:
39.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 07 -04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE
CAPITAL IMPROVEMENT PROGRAM FY 2008-12 AND ADOPTING THE
CAPITAL IMPROVEMENT BUDGET FOR FY 2007-08
City Manager Nelson provided a PowerPoint Presentation regarding the Capital Improvement
Budget for the Redevelopment Agency (RDA), highlighting on the following:
o Old Town Infrastructure Street Improvements
o Old Town Infrastructure Underground Utilities
o Old Town Infrastructure Parking Structure
o Old Town Infrastructure Town Square
o Old Town Mixed-Use (Dalton II & III)
o Habitat For Humanity (Habitat - II)
o Old Town Sixth Street Bollards.
In response to Agency Member Naggar's query, City Manager Nelson advised that funding
sources for the Phase I Civic Center will be funded by sale of bonds, Southern California Edison
(Rural 28), and General Fund Capital Reserves; and noted that the $21,000,000 received from
the sale of bonds must be solely utilized for redevelopment purposes.
At this time, the public hearing was opened, and due to no speakers, it was closed.
MOTION: Agency Member Roberts moved to approve the FY 2008-12 Capital Improvement
Budget for the Redevelopment Agency (RDA). Agency Member Washington seconded the
motion and electronic vote reflected unanimous aooroval.
R:\Minutes\061207
2
RDA EXECUTIVE DIRECTORS REPORT
No additional comments.
RDA AGENCY MEMBERS REPORTS
No additional comments.
RDA ADJOURNMENT
At 8:10 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, June 26, 2007, at 5:30 p.m., for a Closed Session, with regular session commencing
at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Maryann Edwards, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\061207
3
Ii
-
I.
ITEM NO. 29
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
/JIZ
(J(y
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
June 26, 2007
SUBJECT:
Old Town Billboard Lease Agreement
RECOMMENDATION: That the Agency Members approve a $44,41 0 Lease Agreement with
Lamar Advertising Company for the Old Town Billboard.
BACKGROUND: Since 1997, the Agency has been leasing a Billboard to help promote
Old Town. The Billboard has been considered an effective tool to advertise Old Town to the
motoring public along Interstate 15. The proposed lease agreement with Lamar Advertising will be
in the amount of $3,380 per month for rent and $350 per change-out of sign copy for a total of
$44,410. We estimate 12 change-outs during the upcoming year. These rates represent an
increase of nearly 2% for rent and a 30% reduction for the change-outs.
FISCAL IMPACT: The $44,410 will be funded through the Old Town Implementation
Plan (280-199-999-5362) Fiscal Year 2006/07 Budget.
ATTACHMENTS:
Attachments
San Bernardino/Riverside
24541 Redlands Boulevard
Lorna Linda CA 92354
909-799-1010
909-799-1033 FAX
THE ~ COMPANIES
Date:
New/Renewal:
3/20/07
RENEWAL
Bill To Advertiser
Bulletin Contract
Lamar ID No. 259
309447
Customer Name: Temecula Redevelopment Agency
Advertiser: Old Town Temecula
Street Address: P.O. Box 9033
Gust. Ale #:
Nat'I/Local: LD
Mailing Address: same
Zip:
Design: Experience Old Town
City: Temecula
State: CA Zip 92589
Vinyl:
Sections:
Phone: 951-694-6412
Term:
12 Months Start Date: Jul 01 2007
Fax: 951-693-3903
Contact Person: Kathi Syers
Email:
Rotary/Perm: Permanent
THIS INFORMATION FOR OFFICE USE ONLY
Billing Start Date: 7/1/07
Monthly Billing Rate: $3,380.00
Product Code: 90
Billing End Date: 6/30/08
Political:
Co-op:
Nat'l Contract No.
Account Exec. Code: MAC6172
P.O.P. No
Split Billing:
Panel No: Market Location Description: Size of Ilium: Price Per
Code: Bulletin: Month:
70171 4 1-15 WL.7 mi. 5/0 Rancho California Rd., NF 10' x 30' Yes $3,380.00
Client's First Right of Refusal Expires on 4/30/08
Note: All production materials will be discarded when
removed from billboard. A $250 fee will be assessed for all
materials that will be stored for up to one year.
The terms on the second page are pa:1 of this contract
Advertiser authorizes and instructs The Lamar Companies to display in a good and workmanlike manner, and to maintain for the terms set forth
above, outdoor advertising displays described above or on the attached list. In consideration thereof, Advertiser agrees to pay The Lamar
Companies all contract amounts within thirty (30) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and
conditions contained on both pages of this contract.
The undersigned representative or agent of Advertiser hereby warrants to The Lamar Companies that he/she is the representative of the
Advertiser and is authorized to execute this contract on behalf of Advertiser.
Temecula Redevelopment AQency
CUSTOMER/ADVERTISER
DATE:
ACCOUNT EXECUTIVE: Mike Cossota
COMPANY: San Bernardino/Riverside
BY:
CUSTOMER/ADVERTISER SIGNED BY
This contract is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar Outdoor Advertising Company.
ACCEPTED: THE LAMAR COMPANIES
DATE: BY:
GENERAL MANAGER
Randall Straub
AGENCY
The agency representing this Advertiser in this contract executes this contract as an agent for a disclosed principal, but hereby expressly agrees
to be liable jointly and severally and in solido with Advertiser for the full and faithful performance of Advertiser's obligations hereunder. Agency
waives notice of default and consents to all extensions of payment.
CustAlC:
Nat'I/Local: LD
Agency:
Street Address:
Date:
Mailing Address:
By:
City:
State:
Zip:
Signed By:
Email Address:
Contact:
TYPE OR PRINT NAMES BELOW SIGNATURES
REVISED 10105
Phone:
Fax:
STANDARD CONDITIONS
1. If Lamar is requested by Advertiser to submit artwork, then artwork submitted by Lamar shall be approved or substitute
artwork shall be furnished by Advertiser within ten (10) days after submission. In the case of default in furnishing or
approval of artwork by Advertiser, then the date of installation for purposes of commencement of the first monthly invoice
shall be deemed to occur on the date on which the various spaces are available for installation.
2. Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or federal. Advertiser
agrees to defend, indemnify and hold Lamar free and harmless from any and all loss, liability, claims and demands,
including attorney's fees arising out of the character, contents or subject matter of any copy displayed pursuant to this
contract.
3. Upon completion and installation of the initial painting/vinyl, or upon the circumstances described in paragraph 1 above
regarding default, an invoice for payment will be sent to Advertiser or Agency. Upon Advertiser's or Agency's request, a
report of such painting and installation will be sent with the initial notice. The first monthly invoice shall cover the period
from date of installation (if more than one location is included, the average date of installation shall be used) to the end of
the month in which the invoice is rendered, and subsequent monthly invoices shall be rendered in advance on the first of
each successive month. All prorated invoices and credits will be computed on the basis of a thirty (30) day month.
4. If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature,
including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of
any of the spaces, or in the event Lamar is unable to deliver any portion of the service required in this contract, including
illumination, this contract shall not terminate. Credit shall be allowed to advertiser at the standard rates of Lamar for such
space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended.
Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces, to be reasonably
approved by advertiser, or by extending the term of the advertising service on the same space for a period beyond the
expiration date. The substituted or extended service shall be of a value equal to the amount of such credit.
5. Upon default in the punctual payment of the contract indebtedness or any part thereof, as the same shall become due and
payable, the entire amount of the indebtedness contracted for herein shall be matured and shall be due and payable
immediately, at the option of Lamar, and unless same is promptly paid, Lamar may, at its option, discontinue without
notice the outdoor advertising contracted for herein; provided, however, that such discontinuance shall not relieve the
Advertiser of the contract indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted
by law, not to exceed 1%% per month. In addition, Advertiser shall pay Lamar all costs and expenses of exercising its
rights under this contract, including reasonable attorney's fees of not less than 25% of the amount due, or $250.00,
whichever is greater, and all reasonable collection agency fees.
6. This contract, both pages, constitutes the entire agreement between Lamar and Advertiser. Lamar shall not be bound by
any stipulations, conditions, or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision
shall not constitute a waiver of any other breach of that provision or any other provision.
7. Lamar reserves the right to determine if copy and design are in good taste and within the moral standards of the individual
communities in which it is to be displayed.
8. Lamar reserves the right to reject or withdraw any copy, either before or after posting. Lamar further reserves the right to
terminate the contract for any reason, at any time.
9. Payment is required thirty (30) days after the date of billing.
10. If a location should be lost during the period of display for any reason, a bulletin location of equal advertising value will be
substituted or credit issued for loss of service. Should there be more than a 50% loss of illumination, a 20% pro-rata credit
based on monthly advertising space billing will be given. If this contract requires illumination, it will be provided from dusk
until 11:00 p.m.
11. All contracts are non-cancelable by Advertiser.
12. Paint production charges are not included in the space rate, and will be determined by the degree of difficulty of the
reproduction. Charges are computed on a square foot basis.
13. Approved artwork and painting instruction shall be furnished by the Advertiser sixty (60) days prior to scheduled display
date.
14. Creative with mechanical, reflectors, inflatable, etc. will be quoted upon request.
15. Cutouts/extensions, where allowed, are limited in size to 5 feet above, and 2 feet to the sides and 1 foot below normal
display area. Cutouts are the property of Lamar, and the basic fabrication charge is for a maximum 12 months. Lamar will
not be responsible for cutouts/extensions after 120 days of storage time.
16. Vinyl for bulletins should be supplied by the advertiser fifteen (15) days prior to posting date.
17. Sections or vinyl will be held at customer's request upon management approval at the maximum rate of $100 per month.
18. Leeway of five (5) working days from the accepted start date is required to complete the installation of any display. Vinyl
should be shipped in time to arrive at least fifteen (15) days prior to the accepted start date.
19. Special Considerations:
Client's First Riaht of Refusal Expires on 4/30/08
SURETY AGREEMENT
In consideration of Lamar entering into this contract with Advertiser, the undersigned ("Surety") guarantees and becomes a surety for
Advertiser in favor of Lamar for all sums due by Advertiser under this contract. The obligation of Surety is joint and several and in solido with
Advertiser and Agent (if applicable) for the full performance of all of Advertiser's obligations under this contract or any continuation. Surety
consents to all extensions. Surety waives any benefit that may allow him to limit this obligation to less than the full obligation of Advertiser. It is
understood that, without this guarantee or surety agreement, Lamar would not be willing to enter this contract with Advertiser.
Signed this day of
SURETY
Print Name:
Address:
ITEM NO. 30
Approvals
City Attorney
Director of Finance
City Manager
V
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
June 26,2007
SUBJECT:
Agreement between Melody's Ad Works and the Redevelopment Agency for FY
2007-08
RECOMMENDATION: That the Agency Members approve an agreement with Melody's Ad
Works in the amount of $33,000 for promoting and marketing Special Events in Old Town.
BACKGROUND: Melody Brunsting, a Temecula public relations and special events
coordinator, has been assisting the Agency in promoting and marketing special events in Old Town
Temecula since 1999. Since that time, the Agency has expanded our special events to include the
Bluegrass Festival, Western Days, Street Painting Festival, Hot Summer Nights, Quilt Festival,
Howl-O-Ween in Old Town, Erie Stanley Gardner Mystery Weekend and a Dickens of a Christmas
in Old Town. These special events attract visitors to Old Town in hosting a variety of activities of
interest for the local community and tourists of all ages. Through these efforts, merchants and
restaurants have benefited by increased business and continued support of Old Town's economic
viability.
FISCAL IMPACT: The $33,000 will be funded through Other Outside Services (280-199-
999-5250) 2007/08 Budget.
ATTACHMENTS: Attachments
REDEVELOPMENT AGENCY
OF THE
CITY OF TEMECULA
AGREEMENT
FOR CONSUL TANT SERVICES
MELODY'S AD WORKS INC.
THIS AGREEMENT, is made and effective as of June 26, 2007, between the
Redevelopment Agency of the City of Temecula, a municipal corporation ("Agency") and Melody's
Ad Works Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1, 2007, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2008, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a. The Agency agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment
rates and schedule of payment are null and void. This amount shall not exceed Thirty Three
Thousand Dollars and 00 Cents ($33,000.00) forthe total term of the Agreement unless additional
payment is approved as provided in this Agreement. Expenses incurred by consultant will be billed
separately and are not considered part of the services fee.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the Executive Director.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all nondisputed fees. If the Agency disputes any of consultant's fees it shall give
written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on
the invoice.
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5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The Agency may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the Agency suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the Agency
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the Agency . Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4.
6. DEFAUL T OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Consultant. If such failure by the Consultant to make progress in the performance of
work hereunder arises out of causes beyond the Consultant's control, and without fault or
negligence of the Consultant, it shall not be considered a default.
b. If the Executive Director or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service upon
it of said notice in which to cure the default by rendering a satisfactory performance. In the event
that the Consultant fails to cure its default within such period of time, the Agency shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in equity
or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by Agency that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of Agency
or its designees at reasonable times to such books and records, shall give Agency the right to
examine and audit said books and records, shall permit Agency to make transcripts therefrom as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing
the services to be performed pursuant to this Agreement shall become the sole property of the
Agency and may be used, reused or otherwise disposed of by the Agency without the permission
of the Consultant. With respectto computer files containing data generated for the work, Consultant
shall make available to the Agency, upon reasonable written request by the Agency, the necessary
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computer software and hardware for purposes of accessing, compiling, transferring and printing
computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the Agency ,its officers, officials, employees and volunteers from and against
any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the Agency, its officers, agents and employees
may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of
or in any way related to the performance or non-performance of this Agreement, excepting only
liability arising out of the negligence of the Agency .
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 0001 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsementto
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
bodily injury or disease.
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Executive Director. At the option of the
Executive Director, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the Agency, its officers, officials, employees and volunteers; orthe Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The Agency, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the Agency, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the Agency, its
officers, officials, employees and volunteers. Any insurance or self-
insured maintained by the Agency, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
(3) Anyfailure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the Agency, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be cancelled before the expiration date, the
issuing insurer will endeavor to mail thirty (30) days prior written
notice to the City.
(6) If insurance coverage is cancelled or, reduced in coverage or in
limits, the Consultant shall within two (2) business days of notice from
the insurer, phone, fax, and/or notify the City via certified mail, return
receipt requested of the changes to or cancellation.
e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the Agency. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Consultant shall furnish the Agency with original
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the Agency. All endorsements are to be received and approved by the Agency
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before work commences. As an alternative to the Agency's forms, the Consultant's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the Agency a wholly
independent contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at anytime or in any manner represent that it or anyof its officers,
employees or agents are in any manner officers, employees or agents of the Agency. Consultant
shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or
bind Agency in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for Agency. Agency shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by
failure of the Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without Agency's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the Executive Director or unless requested by the Agency Attorney, voluntarily
provide declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the Agency. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives Agency notice of such court order or subpoena.
b. Consultant shall promptly notify Agency should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
thereunder or with respect to any project or property located within the Agency. Agency retains the
right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with
the opportunity to review any response to discovery requests provided by Consultant. However,
Agency's right to review any such response does not imply or mean the right by Agency to control,
direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
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provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To Agency:
Redevelopment Agency of the
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
To Consultant:
Melody Brunsting
Melody's Ad Works Inc.
21705 Como Street
Wildomar, CA 92595
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement,
only Melody Brunsting shall perform the services described in this Agreement. Melody's Ads Works
may use assistants, under their direct supervision, to perform some of the services under this
Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of
Melody Brunsting from Consultant's employ. Should he or she leave Consultant's employ, the
Agency shall have the option to immediately terminate this Agreement, within three (3) days of the
close of said notice period. Upon termination of this Agreement, Consultant's sole compensation
shall be payment for actual services performed up to, and including, the date of termination or as
may be otherwise agreed to in writing between the Executive Council and the Consultant.
15. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
16. GOVERNING LAW. The Agency and Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the Redevelopment Agency of the City Temecula. In the event such
litigation is filed by one party against the other to enforce its rights under this Agreement, the
prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney
fees and litigation expenses for the relief granted.
17. PROHIBITED INTEREST. No officer, or employee of the Redevelopment
Agency of the City of Temecula shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project,
during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to
the Agency that no officer or employee of the Redevelopment Agency of the City of Temecula has
any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the
business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees
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to notify the Agency in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA
Maryann Edwards, RDA Chairperson
Attest:
Susan W. Jones, MMC Agency Secretary/
City Clerk
Approved As to Form:
Peter M. Thorson, Agency Counsel
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CONSUL TANT
Melody Brunsting
Melody's Ad Works Inc.
1705 Como Street
Wildomar, CA 92595
(951) 678-1456
By:
Name:
Title:
By:
Name:
Title:
(Signatures of two corporate officers required for Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
PAYMENT RATES AND SCHEDULE
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EXHIBIT B
PAYMENT RATES AND SCHEDULI;.
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RDA DEPARTMENTAL
REPORT
I~-- .
,
II
ITEM NO. 31
II
,
II
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.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
V
11/2
ua...-
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
June 26, 2007
SUBJECT:
Redevelopment Departmental Monthly Report
Attached for your information is the monthly report as of June 26, 2007 for the Redevelopment
Department.
First Time Homebuyers Program
Funding in the amount of $1 00,000 is available for FY 06 -07.
Residential Improvement Programs
The program budget for FY 06-07 is $350,000, with $188,490 funded on 24 units. The amount
available to each participant is$7500.
Habitat for Humanity
Council entered into a Disposition and DevelopmentAgreement (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. The preliminary grading permit has been
issued and rough grading has been completed. A tentative tract map has been approved for the
adjacent property for two additional single family detached homes.
Dalton Mixed-Use II
On May 28, 2005, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project consists of 24 units and over 5,000 sq. ft.
of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes.
Construction is completed and all 24 apartment units have been leased.
Dalton Mixed-Use III
On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project will consist of 22 units over 4,700 sq. ft.
of retail/commercial. Vertical construction has begun. It is estimated that construction will be
completed in the fall of 2007. The project is located on the north side of Fifth Street, west of
Mercedes.
Facade Improvement/Non-Conforming Sign Program
The following facade improvement/sign projects are in process or have recently been completed:
Palomar Hotel
- Paint Exterior, New Windows and Doors
La Menagerie
- Design and Install Wood Blasted Signs
Chaparral Center Building
- Sign Program
Old Town Promotions/Marketing
Street Paintina Festival
The Street Painting Festival was held on June 23 & 24,2007 in Old Town Temecula as the streets
were painted with vibrant colors by participating artists.
Participants learned techniques from Master Painters as they brought Old Town Temecula's asphalt
streets alive with brilliant pastels in the grand tradition of Italian Madonnari. Hundreds of artists
created beautiful murals right on the streets All artists were welcome. Artists began painting at 8
a.m. Saturday, June 23. It was all done to the live musical performances by the Mount San Jacinto
Menifee Campus Jazz ensemble, Latin Jazz by Coconut Bob, Andean Pan Flute Duchicelas,
Musicians Workshop and performances by Incendio. The event also included food and craft
vendors.
Other upcoming events will include Hot Summer Friday Nights beginning July 13 through August 31
featuring live music, crafts and food vendors.
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FOR INFORMATION CALL 951-694-6412
www.temeculacalifornia.com
APPLICATIONS AVAILABLE AT WWW.TEMECULACALlFORNIA.COM
EVENT AND CHALK FREE WHILE SUPPLIES LAST
SPONSORED BY:
Ail Msociation or Proles.slQnllJ Law Corporations
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Diamond
environmental services
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The Roripaugh
Foundation
The law OfflCeS of
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HF.92.9
TEMECULA PUBLIC
FINANCING AUTHORITY
I~-- .
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II
ITEM NO. 32
II
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MINUTES OF A REGULAR MEETING
OF THE TEMECULA PUBLIC FINANCING AUTHORITY
MARCH 6, 2007
A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:21
p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT:
5
AUTHORITY MEMBERS: Comerchero, Edwards, Naggar,
Roberts and Washington
ABSENT:
o
AUTHORITY MEMBERS: None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
TPFA CONSENT CALENDAR
12 Minutes
RECOMMENDATION:
12.1 Approve the minutes of February 27, 2007.
13 $51.250.000 Temecula Public Financina Authority Communitv Facilities District No. 03-02
!Rorioauah Ranch). 2006 Soecial Tax Bonds - Suoolement NO.1 Amendina the Acauisition
Aareement and New Deoosit Aareement
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 07 -02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC
FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING
SUPPLEMENT NO.1 TO THE ACQUISITION AGREEMENT RELATING TO THE
$51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY
FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH), 2006 SPECIAL TAX
BONDS
R\M inutes.tpfa\030607
13.2 Adopt a resolution entitled:
RESOLUTION NO. TPFA 07 -03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC
FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING A
DEPOSIT AGREEMENT RELATING TO THE $51,250,000 TEMECULA PUBLIC
FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH), 2006 SPECIAL TAX BONDS
MOTION: Authority Member Comerchero moved to approve the Consent Calendar. Authority
Member Edwards seconded the motion and electronic vote reflected unanimous aooroval.
ADJOURNMENT
At 7:21 p.m., the Temecula Public Financing Authority Meeting was formally adjourned.
Chuck Washington, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R\M inutes.tpfa\030607
2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA PUBLIC FINANCING AUTHORITY
MAY 22,2007
A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:42
p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT:
5
AUTHORITY MEMBERS: Comerchero, Edwards, Naggar,
Roberts and Washington
ABSENT:
o
AUTHORITY MEMBERS: None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
TPFA CONSENT CALENDAR
31 Community Facilities District No. 03-02 !Rorioauah Ranch) Initiation of Action Necessarv to
Foreclose Delinauent Soecial Tax Liens
RECOMMENDATION:
31.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 07 -04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC
FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS
INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY
TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS
AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES
DISTRICT 03-02 (RORIPAUGH RANCH)
MOTION: Authority Member Comerchero moved to approve the Consent Calendar. Authority
Member Edwards seconded the motion and electronic vote reflected unanimous aooroval.
R\M inutes.tpfa\052207
ADJOURNMENT
At 7:42 p.m., the Temecula Public Financing Authority Meeting was formally adjourned.
Chuck Washington, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R\M inutes.tpfa\052207
2
TEMECULA PUBLIC
FINANCING AUTHORITY
BUSINESS
ITEM NO. 33
Approvals
City Attorney
Director of Finance
City Manager
~
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(Jo...,
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO:
Executive Director/Authority Members
FROM:
Genie Roberts, Director of Finance
DATE:
June 26, 2007
SUBJECT:
Community Facilities District No. 2003-03 (Wolf Creek) Initiation of Action
Necessary to Foreclose Delinquent Special Tax Liens
PREPARED BY:
David Bilby, Senior Debt Analyst
RECOMMENDATION:
That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. TPFA 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF
TEMECULA DECLARING ITS INTENTION TO REMOVE
DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL
AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS
AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY
FACILITIES DISTRICT 03-03 (WOLF CREEK)
BACKGROUND: On December 10,2006, approximately $1 07,140.41 in special taxes
levied on behalf of Community Facilities District No. 03-03 (Wolf Creek) ("District") became
delinquent by reason of non-payment. These properties are variously owned by SPM Wolf Canyon,
Lennar Homes of CA, Woodside Wolf Creek Inc., Standard Pacific Corp., as well as several
individual residential property owners.
On April 10, 2007, approximately $159,921.03 in additional special taxes levied on behalf of
Community Facilities District No. 03-03 (Wolf Creek) became delinquent by reason of non-payment.
These properties are variously owned by SPM Wolf Canyon, Lennar Homes of CA, Woodside Wolf
Creek Inc., Standard Pacific Corp., as well as several individual residential property owners.
As a result, approximately $267,061.44 in special taxes and $26,706.14 in penalties are presently
owed. The District is additionally entitled to collect its administrative costs in seeking to resolve
these delinquencies, including attorney's fees and roll removal fees.
Two commercial parcels (APN's 961-020-026-0 and 962-010-007-9) constitute $128,263.70 of the
fiscal year 2006-07 delinquent special taxes. I n order to ensure sufficient funds were available to
make the September 1 , 2007 debt service payment without requiring a reserve fund draw and listed
event filing, the City contacted the commercial property owner seeking recovery of the special tax
delinquency. The owner, SPM Wolf Canyon, verbally agreed to paytheirdelinquenttaxes directly to
the City. Payment directly to the City was the recommended course of action by the City Attorney as
any payment made to the County may not have been received by the City on the third apportionment
and could result in a deficiency in the Special Tax Fund to make the scheduled September 1,2007
debt service payment. In exchange for the good faith of the property owner, the City Attorney
agreed to waive all but $500 of the penalties, enough to compensate the City for legal and
administrative costs incurred if payment is received timely.
It is the recommendation of the City Attorney that the two commercial properties owned by SPM
Wolf Canyon be removed from the County tax roll for fiscal year 2006-07 in order for the City to
collect the delinquent special tax payment directly. If payment in full is not received from SPM Wolf
Canyon by June 26, 2007, foreclosure actions will be filed following the adoption of a resolution
directing the City Attorney to initiate such proceedings.
Any such proceedings may be affected by the filing of bankruptcy actions. The District's action for
judicial foreclosure against that entity would be automatically stayed pursuant to Section 362(a) of
the United States Bankruptcy Court.
FISCAL IMPACT: The delinquencies on these parcels in the amount of $128,263.70 will
be used to satisfy the debt service requirement on the outstanding bonds.
ATTACHMENTS:
Resolution No. TPFA 07
RESOLUTION NO. TPFA 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA PUBLIC FINANCING DECLARING ITS
INTENTION TO REMOVE CERTAIN DELINQUENT
SPECIAL TAXES FROM THE COUNTY TAX ROLL AND
ORDERING JUDICIAL FORECLOSURE PROCEEDINGS
AGAINST DELINQUENT PROPERTY WITHIN
COMMUNITY FACILITIES DISTRICT 03-03 (WOLF
CREEK)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Authority has, by previous Resolutions, formed the Community
Facilities District No. 03-03 (Wolf Creek) (hereafter referred to as the "District"), and
authorized the levy of a Special Tax in the District for fiscal year 2006-07, pursuant to
the terms of the Mello Roos Community Facilities Disrtrict Act of 1982. as amended
(hereafter referred to as the "Act") that provides for the levy and collection of special
taxes by the County of Riverside for the City of Temecula to pay the maintenance and
services of all improvements and facilities related thereto.
Section 2. The Authority enacted Ordinance No. TPFA 03-02 in accordance
with Government Code Section 53340 authorizing the levy of the Special Tax on
property located within the District.
Section 3. Pursuant to Section 53356.2 of the Act, in the event that delinquent
installments are subject to foreclosure action and shall be removed from the tax roll.
Section 4. There exists delinquent installments due by property owners of
assessor parcel numbers 961-020-026-0 and 962-010-007-9 located within the District.
Section 5. The Authority hereby declares that it is their intentions remove
delinquent Special Tax installments due by assessor parcel numbers 961-020-026-0
and 962-010-007-9 from the County Tax Roll pursuant to Section 53356.2 of the Act.
Section 6. The Authority Secretary shall certify adoption of the Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 26th day of June , 2007.
Chuck Washington, Chairperson
ATTEST:
Susan W. Jones, MMC
City Clerk/Board Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public
Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07- was
duly and regularly adopted by the Board of Directors of the Temecula Public Financing
Authority at a meeting thereof held on the 26th day of June, 2007, by the following vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W. Jones, MMC
City Clerk/Board Secretary
COUNCIL BUSINESS
I~-- .
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ITEM NO. 34
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Approvals
City Attorney
Director of Finance
City Manager
p.f""
1112.
Cla...-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Susan W. Jones, City Clerk/Director of Support Services
DATE:
June 26, 2007
SUBJECT:
Planning Commission Appointments
PREPARED BY:
Cheryl Domenoe, Administrative Assistant
RECOMMENDATION: Appoint two applicants to serve full three-year terms on the Planning
Commission through June 15, 2010.
BACKGROUND: The terms of Commissioners John Telesio and Stan Harter expired on
June 15,2007. The City Clerk's office has followed the Council's established procedure for filling
Commission vacancies by advertising the openings in the local newspaper. Notices were also
posted at various locations within the City and on the City's Web page. When the deadline was
reached for accepting applications, the applications were forwarded to the subcommittee comprised
of Mayor Washington and Mayor Pro Tem Naggar for review and recommendation. Both Mayor
Washington and Mayor Pro Tem Naggar have recommended the reappointment of Commissioners
Telesio and Harter to serve full three-year terms through June 15, 2010. All applicants are
registered voters and live within the city limits of the City of Temecula.
Attached are copies of the applications that were received by the filing deadline of June 7, 2007.
FISCAL IMPACT:
None
ATTACHMENTS:
Three (3) Applications for Appointment
~
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19H1J
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
Commission Appo;ntment
Applicat;on
,ECEIVED
For proper consideration, you must currently be a resident of the
City of Temccula and a Registered Voter within the City Limits of the
City ofTemecula
IUN - 5 2007
~" Y CLERKS DEPl
Please Check One: X Planning Community Services Public Traffic Safety
Number of years as a City of Temecula Resident 7 Are you a City Registered Voter? Yes
NAME: Stanley A. Harter OCCUPATION: Attorney
ADDRESS: 40305 Odessa Drive Temecula CA 92591
'.
DAYTIME PHONE (951) 296-6097 EVENING PHONE: (951) 699-3115
EMPLOYER NAME: Reid & Hellyer, APC
EMPLOYER ADDRESS: 3880 Lemon Street, IE-MAIL sharter@rhlaw.com
Fifth Floor. Riverside CA 92502
Educational background/Degrees: BS Brigham Young University, Provo UT (1983); J.D (cum laude),
California Western School of Law (1985); LL.M. Taxation, University of San Diego (1987)
List any City or County board, Committee or commission on which you have served and the year(s) of
service: Temecula Planning Commission since July 2005.
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc): Member of California State Bar; member and former director of San
Bernardino County Bar Association; member of Riverside County Bar Association; member and
director of Southwest California Economic Development Corporation; chairman of Business Relations
Committee for Southwest California Economic Development Corporation; member, director and
chairman for Temecula Valley Chamber of Commerce.
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary. Letters of recommendation
and/or references are encouraged.) I believe my training and experience in legal and real property
matters and my experience on the Temecula Planning Commission can add to the expertise of other
commission members to benefit the City and residents of Temecula.
I understand that any or all information on this form may be verified, I consent to the release of this
information for public information purposes.
Signature:
Date: C;/9~
Please relurn to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR)
Mail to; P.o. Box 9033, Temecula, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
e
~
05-0"i-07 Al1:24 h
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
Commission Appointment
Application
For proper consideration, you must currently be a resident of the
City of Temecula and a Registered Voter within the City Limits ofthe
City of Temecula
.ECEIVED
UN - 7 2007
~I'" CLERKS DEPT.
Please Check One: I X I Planning I I Community Services I I Public Traffic Safety
Number of years as a City of Temecula Resident 3.5 vrs Are you a City Registered Voter? Yes
NAME: HOWARD H. SMITH
OCCUPATION: SOFTWARE ENGINEER
ADDRESS: 42554 DRENNON COURTTEMECULA CA 92592
DAYTIME PHONE: 619-253-3881
EVENING PHONE: 951-303-0643
EMPLOYER NAME: AMERICAN SPECIALTY HEALTH INC.
EMPLOYER ADDRESS: 777 FRONT STREET SAN DIEGO CA 92101 E-MAIL ...w..d.@p..;.........lth..om
Educational Background/Degrees:
BS Information Systems
MBA Global Business
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
N/A
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
Certified Microsoft Professional.
First President ofTemecula Crowne Hill Community Association.
Board Member Curriculum develooment (Office Automation). Southwestern College Chula Vista CA
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation
and/or references are encouraged.)
Please see attached.
I understand that any or all information on this form may be verified. I consent to the release of
this information for public information purpo~_l1s.
SI'"",rn, ~~'-- Daleo 0 (, .- oG - 07
Please return to: Ity Clerk's Office, 43200 Busmess Park Dnve (951) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
HOWARD SMITH - TEMECULA PLANNING COMMISSION - June 07, 2007
I wish to serve on the Temecula Planning Commission because as a homeowner
like the rest of the incumbent members, I love the city and wish to participate in
shaping the future with projects that add value to the community.
The City of Temecula has all the resources to entice subsidiaries of major multi-
national companies. I believe that with my extensive knowledge of international
business, I can work with other commission members to bring good meaningful
business to the citizens of Temecula.
I waited for two years to reapply to be a commission member and I spent that
time to learn more about our city, the citizens and commuting.
I am confident that my ability to work in a team environment while providing
direction for pending projects will be beneficial for all of us in Temecula.
Thank you.
City of T emecula
43200 Business Park Drive
Temecula, CA 92590
www.cilyoftemecula.org
(951) 694-6444
Commission Appo;ntment
Applicat;on
For proper consideration, you must currently be a resident of the ECEIVED
City of Temecula and a Registered Voter within the City Limits of the
City of Tcmecula . UN - 4 2007
.
Please Check One: X Planning
Number of years as a City of Temecula Resident
.... J CLERKS DEPT.
Community Services Public Traffic Safety
26 Are you a City Registered Voter? Yes
NAME:
John H. Telesio
OCCUPATION:
Retired
ADDRESS: 31760 Via Telesio Temecula. CA 92592
DAYTIME PHONE: 951-676-3187
EMPLOYER NAME: N/A
EMPLOYER ADDRESS: N/A
EVENING PHONE: Same
E-MAIL: itelesio@sDeedband.com
Educational Background/Degrees: Master of Public Administration, CSU, Master of Science, Systems
Management, USC, BA, Social Studies/History, CSULA
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
Member & Past Chairman, Temecula Public SafetylTraffic Commission, August 1997 - February 2000
Member, Past Chairman & Current Co-Chair, Temecula Planning Commission, February 200o-Present
Member, Temecula General Plan Citizens Review Committee, 2004-2005
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
American Planning Association, Military Officers Association of America, Veterans of Foreign Wars,
Post 4089, Temecula Chamber of Commerce, Permanent invited guest, Murrieta-Temecula Group,
Volunteer, Temecula Balloon and wine Festival, Volunteer, Susan G. Komen Race for the Cure.
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation
and/or references are encouraged.) I believe I have the education, experience, time, desire and the
demonstrated record of commitment necessary to perform at the level required of this important
position. I take this work seriously and plan my personal schedule around meeting dates. I have only
two excused absences (a death in family and my emergency surgery) over nearly 10 years of
commission service. I consider it a privilege to serve and would be honored by reappointment
I understand that any or all information on this fonn may be verified. I consent to the release of
this information for public infonnation purposes.
Signature:
Please return to: Cit
~ r Date: 05/30/2007
lerk's Office, 43200 Business Park Drive (951) 694-6444 (OR)Mail to: P.O. Box
9033, Temecula, CA 92589-9033
DEPARTMENTAL
REPORTS
ITEM NO. 35
Approvals
City Attorney
Director of Finance
City Manager
JM.f"
/)12
(J(L..
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Shawn D. Nelson, City Manager
DATE:
June 26, 2007
SUBJECT:
City Council TraveVConference Report - May 2007
PREPARED BY:
Sue Steffen, Executive Assistant
RECOMMENDATION:
Receive and file
On May 10th Council Member Ron Roberts traveled to Bloomington, Minnesota to attend the
National League of Cities Transportation Infrastructure and Services (TIS) Steering Committee
Meeting.
On May 20'h Mayor Pro Tem Mike Naggar, Council Member Jeff Comerchero, and Council Member
Maryann Edwards traveled to Las Vegas to attend the International Council of Shopping Centers
Conference.
Attachments: Meeting Agendas
,
,
Transportation Infrastructure and Services (TIS)
Spring Steering Committee Meeting
Thursdav. Mav 10. 2007
6:30 PM
7:30 PM
Fridav. Mav 11. 2007
8:00 AM - 8:30 AM
8:30 AM - 8:45 AM
8:45 AM - 9:00 AM
9:00 AM - 9:30 AM
Thursday-Saturday, May 10-12,2007
Fiual A!!enda
Reception at Hotel
Presentation on Personal Rapid Transit
Morrie Anderson, President
Taxi 2000
Bill James, President
JPods, LLC
Breakfast
Welcome and Meeting Overview
Dee Vanderhoef, Chair
Council Member, Iowa City, Iowa
Board Update
Marcia Marcoux, Board Representative
Council Member, Rochester, Minnesota
Advisory Council Update
Conrad Bowers, Advisory Council Representative
Mayor, Bridgeton, Missouri
Legislative Update
Leslie Wollack
Principal Legislative Counsel, National League of Cities
Friday. Mav 11. 2007 (Continued)
9:30 AM - 10:45 AM FAA REAUTHORIZATION
Jeff Hamiel, Executive Director
Metropolitan Airports Commission
Daniel Skwarek, Representative
Northwest Airlines
Policy Discussion
10:45 AM -11:00 AM
Break
11:00AM-12:15 PM
AMTRAK AND PASSENGER RAIL
Policy Discussion
12:15 PM-1:30PM
Lunch
1 :30 PM - 2:45 PM
NAP A: Intergovernmental Forum on Transportation Finance
Marcia Marcoux, NAP A Representative
Council Member, Rochester, Minnesota
SURFACE TRANSPORTATION FUNDING
Policy Discussion
2:45 PM - 3:00 PM
Break
3:00 PM - 5:00 PM
CONGESTION RELIEF AND FREIGHT MOVEMENT
Congressman Oberstar's Non-Motorized Pilot Program
Barb Thoman, Program Director and
Steve Clark, Walking & Bicycling Program Manager
Transit for Livable Communities
Gary Barnes, Research Associate
University of Minnesota, Center for Transportation Studies
Policy Discussion
6:15 PM
Depart from hotel to Mall of America
6:30 PM - 8:00 PM
Dinner in Minnesota Room, Mall of America
Mall of America Transit Hub
Dan Jasper, Public Relations Director
Mall of America
8:00 PM - 10:00 PM
Time at-large in Mall of America
Saturdav. Mav 12. 2007
7:00 AM - 8:00 AM
8:00 AM - 8:30 AM
8:30AM-9:15 AM
9:15 AM-9:45 AM
9:45 AM - 10:00 AM
10:00 AM - 11 :30AM
11 :30 AM - 11 :45 AM
11:45 AM
12:00 PM
1:00 PM - 3:00 PM
Nature Walk in Minnesota Valley Wildlife Refuge (Optional)
Breakfast
Discussiou on Sustainability
Additional Policy Discussion
Break
MNP ASS Congestion Pricing Experiment
Lee Munnich, Senior Fellow and
Director, State and Local Policy Program
University of Minnesota, Center for Transportation Studies
Ferro1 Robinson and John Doan, Consultants
SRF Consulting
Bernie Arseneau, State Traffic Engineer
Minnesota Department of Transportation
Vehicle Miles Traveled
Craig Shankwitz, Director
University of Minnesota Intelligent Vehides Laboratory
Other Business
Adjourn
Leave Hotel for Presentation and Lunch at
Bloomington Central Station
Transit Oriented Development
Mark Fabel, Project Manager - Bloomington Central Station
McGough Development
Mark Furhman, Assistant General Manager
Metro Transit
Larry Lee, Director of Community Development
Bloomington, Minnesota
LRT/TOD Ride and MNPASS "Mobile Workshop"
Jim Kranig, Traffic Operations Manager
Minnesota Department of Transportation
2007 PROGRAM-AT-A-GLANCE
6
Sunday,.May20.
morni,ng
9:00 -11:00 am
COP & CLS Test Review Courses
9:00 am -1:00'prn
CSM & CMD Test Review Courses
10:00,-11:00 am
First Timers' Orientation
9:00 -11:00 am
COP & CLS Test RevIew Courses
9:00 am -1:'oo'pm . ,
CSM & CMD Test Review Courses
10:00 -11:00 am
First Timers' OrientatIon
9:00 -":00 am
COP & CLS Test Review Courses
- 9:00 am - 1 :00 pm
'CSM & CMD Test Review Courses
1~:OO -11:00-a~_
First Timers' OrIe!"ltati~n
9:00 -11:00 am
CD,P & CLS: TeSt RevIew Courses
9:00 am - 1 :00 pm
CSM & CMD Test Heview,Courses
10:00 -11:00 am
First Timers' Orientation
9:00 -11:00 am
COP & CLS Test Review Cours~s
'9:00 am -"':00 pm
CSM & CMD Test Review Courses
'10:00 -1';OO.am'
First Timers' Oriel7ltation
" ',,"a~ern,?qnl~~~~'ng
1:00 ~ 2:00 pm
Opening Session
6:30 .:.. 9:30 pm,
Benefit Dinner for Icse Educational
Foundation (Tickets are Required)
10:00 pm - 12:00 midnight
Next Generation Reception
(SeParate Pre-registration Required)
1:00 -2:00 pm
Opening SessIon
'6:30 - 9:30 pm
Benefit Dinner ,for ICSC Educational,
Foundation (Tickets are Rf!!luirf1dJ
10:00 pm -12:00 mIdnight
Next Generation Reception
(Separate Pre-registration Required)
'1:00 -2:00 pm
, " Opening '$e:ssion :
6:30 - 9:30 pm ,
Bemefit Dinner fOr 'ICSC Educational
Fc::'u!1d~tion,,(7ickets'are Requi~d)"
10:00 pm - 1,2:00 midnight:
Next Gene'ratio",: 'Reception '
(Separate Pre"fef!istra.tion Required)
" 1 :00 .:. 2:00 pm
Opening Sess'ion
~:30 ~ 9:~'0 pm, ,', '
, Benefit 'Dinner for ICSC Edu,cational
Foundation (Tickets are ~equi~ed)
10~'00'pm ~ 12':00 midnight
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'6:30,-9:30"pr;n
Benefit Dinner: for ICSC Educational
Foundatio~ (Tickets are R~l!ired) ,
2:qO - 6:0P p~ ,
J"rade EXp,osition and'
Poblic'Se'ctor Showcase~
, , '4:PO ~ '6:0'0, Pr:n: .
'Open House Reception in
)h~\iraqe:Exp?sitlon' ,
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, mC?rning ','
8:;00 -,9:30 am
Women in Real Estate Breakfast
9:30 -11:00 am
Mi~ed~Use, - Transfprming
'America's Cities '
":30,am -12:15 pm
Underserved Urban Markets
8:00,- 9:30 am
Women in Re:al, Estate Breakfast
9:30 - 11 :;00' am
Mixed-Use ~ Transforming
America's Cities ' ,
11:30am-12;15pm .
Underserved Urban Markets
8:00 - 9:30 am
~omen in Real' E$te 'Breakfast
:9:30 - 1 1 :00 am, "
Mixed-Use - Tran'sforming
America's Cities '
.11:30 am -12:15 pm
, . Underserved Urban Markets
8:00 - 9:30 am
Women in Real EState Breakfast
9:30 -11:00 am
Mixed-Use - Transforming
ArTterica's Cities'
, ,
11:30,am -12:15 pm
Underserved Urban Markets
8:00 '- 9:30 am . ,
Women in, Real' Estate Breakfast
" '9:30 -'11:00:i.~<, , '. .
: Mixed-Use .:.... Transforming ,
'~e'riC?:'s,9itle~' " '
,10:30 ~ 11:30,am
, Focu~ on, South'7~.~ja >
11:30 am - 12:30 pm
-Poc~s ~n RusslaiUkrai~~ .
11:30 am - 12:'15 pm
lJnderserved Urban M~ts
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12:30 -1:0Q pm
Luncheon
1:00 -2:15 pm
The View from Washington
2:30 - 4:00 pm
The Deal Stallers
4:15 -4:45 pm
Annu~1 Meeting of Members
12:'30 -1:00 pm
Luncheon
'1:00 -2:15 pm
The View from Washington
2:30 - 4:00 pm
Capital Markets Update 2007: ,Just
How Good Can' it Get?
4:15 -4:45 pm,
Annual Meeting of Members
12:30-1:00 pm
Luncheon
1:00 -2:15 pm , '
The View from Washington
2:30 -,4:00 pm
Open-Air Centers - The Retailers'
Perspective
4:15 -4:45 pm
Annual Meeting of Members
12:30-1:00 pm
Luncheon
'1:00 ":'2:15 pm
The VleVl( from YVashington
2:30 - 4:00 pm
From Planes to Cranes: The Evolution
of Mixed-Use fOr the Next Generation;
Westfield S<;:ln Francisco 'Centre,
4:1 5 - 4:45 Pill
Annual Meeting of Members
12:30 -1:00 pm'
Luncheon
1,:00'~2:15 pm
, The Vieyv from Washington
2:30 ~ 3:30 pm
F:=o~us on Western Europe
, 3:30 - 4:30 pm
Focus on Central/Eastern Europe.
4:30 - 5:30 pm
Focus o~. Tui1<e:y
8:00 am' - 6:0Ct'pm" ,
Leasing Mail, Trade gxP'osition,
P~blic Sect?r 'Sh~w~e' '
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'Tu",sd",y., May ~2.
: ',rry~i-'ntr'g ,
9:15 ":'10:30 am
The Changing Face' of
Commercial Real 'E~te
":;00 am -12:15 pm
'General SeSi'sion :.:.. 5th Annual
Hot.Retailers Awards.
9:1~ -10::30 ~,;"
The Changing FaCe of
Commercial Real estate
11:00 am -12:15 pm
: General Session - 5th Annual
Hot'~etailers'Aw~rdp: ,',
9:15,':':',10:;30 am ' "
. The Box, 'a/';'ld the City: Re-Imaging
the 'Urban: Department Store ..:..
Futore'Trends' ','
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11:00',ai..n';""12:1S'Pf1:1. ,
General Sesslon - 5th Annual
Hot R~ail~rs Awards
9:1S-10:30am , .
Survivors'of Mixed-Use projectS-
, Les~ns ,Le~~q ,
1',:00 a'm -12:15 pm ,
General Sesslon '- 5th'Annual
Hot'Retailers Awarqs,
, " .
8:'00-9:00'sm'.
Fo.cus on Mld,dle" East'
9:00'-tO:OO.am
Focus :on' ,India .
, " .,
.to:OO --":00 am
F~7us o'~"Japan " .
" ,11:00 am'-:-12:15 pm
GEmera[,S~ssion ..:. '5th Annual
.. Hot ,Re~lers Awar,ds ' .
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's:Oo,am'-:s:'oo pm " ,,:, ''-','.1 .."
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wect~O>SCIaY;MaY2~ .
morning'
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'1:00 -2:15'pm'
Keynote r...:...;..:.,.:....~.on-
.' Terry J. Lundgl:en, CEO
Federated Department' ~tores, Inc.
'. 3:90 - 4:30 pm
, Navigating Key, Property Management
Challenges Impacting Retail and Mixed-
Use Properties.
9:30-11:00 am
Project Reviews at the "Genius Bar"",
Compliments of CenterBuild; Maximize
Your Business RelationshIps Through,
Effective Verbal Communications; Deal
or No Dea.l? Ground Lease' Negotiation
Uve!; Re-assessing the Effect of Fixed
Operating Costs
'1:00-2:15 pm
Keynote Presentation-
Teny J. Lundgren., CEO
, Federated Department, Stores, Inc.
. 3:00 -' 4~30 pm
. How to Finance' Yo~r Brownfield Deal
9:30 -11:00 am
Re-assessing the Effect of Fixed
Operating Costs
1:00,-2:15 pm
Keynote -Presentation-
Teny J. Lundgren, CEO
Federated Department Stores, Inc.
3:00 - 4:30 pm
The World of Outlet Retailing;
The Gold at the End of the Rainbow -
, Retail Succe~ in Urban Markets
9:30 -11:00 am
LEED Certification; Tools to Unlock
the 'Urban Promise
1:00-2:15 pm
Keynote Presentation-
, Teny J. Lundgren, CEO
F8dera~d 'Department Sto'res, Inc.
3:00'-4:30 pm -' '. ,
A,Global Pel7Specii~ on Consumer
..Trends 7" What Shopping Center
Executives 'Need to Know
9:30 -11:00 am
Extreme Makeover - Retail Estate
Undone and' Re-Done; Comparative
GIS Methoc;:lology; Tools'to Unlock
the Urban Promise: Building a Project
~m :the Grou0d Up
':1:00-2~15'pm ,
Keynote P~se~t,ai!ol!"":,
Teny,J~ Lundgren, ,CEO" ,
Fe,derated Departin~nt ~tores, Inc.
3:'OO-4:00.pm
. Focus~on"Chlna
5:~0'~:6:qo'P~'i' " ,','
F70cus on f\:'IE:xico/Ce.nJ:.raf America
, 8:00 - 9:00' am,
Focus on South'~erica
,9:00 - 10:00'am'
Fqcus on .Australia
10:00 -11 :00 ~m
focus on South Africa/Africa
","
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;s.gp'am.':"s:oo:pm
':LSasirig'Mall; Trade Exposition,
- P~bl.ici SeCtor:~Shoyvc~e '
. ,. '
~:OO am .:.. 5:00 pm,
, Leasing Mall
2007 ICSC SPRING CONVENTION 7
Approvals
City Attorney
Director of Finance
City Manager
~r
IJI2.
(l(.:....
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
June 26, 2007
SUBJECT:
Department of Public Works Monthly Activity Report
RECOMMENDATION: Receive and file the attached Department of Public Works Monthly
Activity Reports for the month of May, 2007.
ITEM NO. 36
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
May \ June 2007
Prepared By: Amer Attar
Submitted by: William G. Hughes
Date: June 26, 2007
PROJECTS UNDER CONSTRUCTION
1. Fire Station - Northeast Site (Roripaugh Ranch)
This project will construct a new fire station in the north part of the City. The majority of work was
completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to
the site in August 2007. Because of this there was cost to re-mobilize and complete the project
when the aforementioned items are complete, these costs are reflected in an approved change
order total, which is the responsibility of the developer. In addition, a fire engine/truck venting
system (requested/added on 2/06) will be installed when the Contractor is re-mobilized; this cost is
also included in the approved change order total.
2. Patricia H. Birdsall Sports Park
A new 40+ Acres sports complex has been built at the corner of Pechanga Parkway and Deer
Hollow Way. Bids were opened on 9/16/04, with Douglas E. Barnhart, Inc. submitting the low bid of
$13,365,055.51. The grand opening for the sports park was held on 12/2/06. Work on the kitchen
improvements was completed and the park concessions opened for business on March 17, 2007.
The project was accepted at the City Council meeting on June 12, 2007.
3. Temecula Library
A full service library, approximately 34,000 square feet in area, has been built on Pauba Road, just
west of Fire Station #84. The City was successful in obtaining State grant to aid in funding the
library. The Library grand opening was held on December 14, 2006. This project, including all
punchlist items, is complete. The contractor, EDGE Development, is in the process of submitting the
Maintenance Bond and the Final Release. A Notice of Completion will be filed and the project will be
presented to the City Council for acceptance at the June 26, 2007 City Council meeting.
4. Temecula Education Center- Rough Grading
This project will provide for the grading of the proposed Temecula Education Center. Project was
awarded on 4/11/06. Construction started on 5/1/06. CCO#1 to relocate/modify all impacted utilities
along Diaz Road adjacent to the project was approved by the RDA Board on 10/10/06 and Diaz
Road was brought up to grade. All work was completed on March 28, 2007. Other ongoing work
under this contract involves EMWD work outside of the project limit. The work is anticipated to be
complete in July of 2007.
5. State Route 79 South Medians
Under this project raised medians have been constructed on Route 79 South within the Temecula
City limits. Most of the work on this project is complete. The Contractor only has punchlist items and
the four monument walls to complete. The monument walls should be completed by the end of
June.
6. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2
This project will construct the second phase of the City's Field Operation Center, which includes the
building and the corporate yard. The project was awarded on July 25, 2006, a preconstruction
meeting was held on 8-10-06 and the Notice to Proceed was issued effective 8-11-06. Exterior
stucco and windows are complete. Interior plumbing and electrical fixtures are ongoing. Work on
interior finishes is starting.
7. Fire Station - Wolf Creek Site
A new 3-bay heavy urban fire station will be built at the SE corner of Wolf Valley Rd & Wolf Creek Dr
South. A $3,591 ,000 construction contract was awarded to RC Construction on 7/25/06. A Notice
to Proceed for this 260 workday contract was issued on 8/15/06. HV AC air balancing/fire sprinkler
systems have been completed. The final walk-through for punchlist was conducted on 6/11th.
Punchlist items include: generator final testing, touchup painting/drywall, cabinet panels, floor & tile
work, window blinds, stucco patching, downspout rework, cleaning offacility, ceiling tiles, rollup door
adjustments/repairs, bollards, landscaping/planting, etc. Perimeter wall will be re-stuccoed to match
WC Development wall theme by L&M Stucco Specialists. Work is progressing ahead of schedule.
Contractor submitted Pay Application #9. Currently, there is 1 approved change order.
8. Diaz Road Realignment to Vincent Moraga
Under this project, Diaz Road will be realigned starting just south of Rancho Way to Vincent Moraga
Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. The traffic
signal at existing Diaz Road and Rancho California Road will be removed. The Notice to Proceed
was issued and construction began on 3/26/07. Despite an approx. 3-week delay due to a conflict
with EMWD facilities early in the project, the contractor has made up time, and the project is on
schedule. Phase II of the project, which involved a complete closure of Business Park Drive
between Single Oak and Rancho California Road, began on 6/4/07. Anticipated duration is 7
weeks. Project is on schedule for completion in August.
9. Old Town Infrastructure Projects - Site Demolition and Site Preparation
This project involves demolishing the existing non-historic structures on the City owned parcels at
the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town
Parking Structure. The two buildings involved in this phase are the McLaughlin Building and the
Pantry. The McLaughlin Building and the old pantry building have been demolished. Haz Mat Trans
is currently demoing the concrete and asphalt and intend to finish the project by 5/18/07. This is the
scheduled completion date.
10.-Rancho California Road Widening, Old Town Front Street to 1-15 (Souths ide)
This project will construct an additional eastbound laneto provide for a right turn lane to southbound
1-15, as well as modify the existing median to accommodate dual left turn lanes from westbound
Rancho California Road to southbound Old Town Front Street. Caltrans has issued the
encroachment permit for the portion of the work within the State right-of-way. The Notice to Proceed
was issued and construction started on 04/16/07. The first phase of work, which includes the
construction of the Cast In Place retaining wall and structural fill, is nearly complete.
2
11. Bridge Fencing Enhancement
This portion of the project will provide Architectural Enhancements to the recently constructed
fencing at the Overland Drive and Rancho California Road bridges over Interstate 15. Caltrans has
issued an Encroachment Permit for the construction and maintenance of the project. A cost
proposal for construction has been received and the project was awarded on 05/08/07. The pre-
construction meeting is forthcoming.
12. Citywide Concrete Repairs, Phase 11- FY 2006-07
This project will replace old and cracked concrete throughout the City. The project was advertised
and two contractors submitted bids. Bids were opened on 05-29-07. The lowest bidder was Del Rio
Enterprise. The Council awarded the contract on June 12th. Pre-con will be set up after the contract
documents have been finalized.
PROJECTS BEING ADVERTISED FOR BIDS
1. Murrieta Creek Multi Purpose Trail
This project will build equestrian and bike trails along Murrieta Creek between Rancho California
Road and Diaz Road. The project is funded in part by a $1,214,000 federal grant. All necessary
approvals to advertise the project have been obtained and Council has authorized the solicitation of
construction bids. The City sent the Encroachment Permit Application to the Riverside County Flood
Control District on Dec. 13, 2006. The issuance of the permit is still pending. The project was
advertised for construction bids and construction bids opening has been delayed until 07/11/07 in
order to incorporate the changes dictated by the US Army Corps of Engineers' Murrieta Creek
project. Kimley-Horn, the design consultant, is working on this addendum.
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 Environmental Document (Categorical
Exclusion) was approved by FHWA on April 19, 2007. The PS&E Package will be submitted to
Caltrans (Local Assistance) shortly and then a 60 day review period will begin. Once the City
receives a letter of authorization for construction from Local Assistance, the City can start the public
bidding process for construction.
2. Pechanga Parkway Storm Drain Improvements - Environmental Mitigation
The project includes the construction of new wetlands as part of the Wolf Valley Creek Channel -
Stage I Project. The mitigation area is located along the north bank of T emecula Creek and a new
landscaping and irrigation system will be installed. Once the mitigation area is constructed, the City
is required to complete a 5-year maintenance and monitoring plan. Design plans have not been
submitted to the City; however, the conservation/grading/water line easements are currently being
designed.
3
3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road
This project includes studying alignments, design and construction of an extension of Overland
Drive, westerly to Diaz Road, including a new bridge over Murrieta Creek. The design is being
coordinated with the planned Murrieta Creek improvements overseen by Riverside County Flood
Control (RCFC) and the Army Corp of Engineers (ACOE). The design consultant's 60% plans have
been routed to the appropriate City departments, RCFC & ACOE, and the local utility agencies for
review and comment. Plan check comments were sent to the consultant during the month of
January; however, the design is currently on hold until the Corps provides the City with a
channel cross section that represents their final design.
4. Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant
Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting
and coordination issues associated with pursuing the bridge replacement as a stand alone project
separate from the Corps of Engineer's Murrieta Creek improvement project. SWE has also revised
their original design proposal for this project in light of these additional efforts required; additional
funding will be required to cover these revisions. The City was notified that anticipated Federal
funding for this project was programmed for Federal Fiscal Year 2010/2011, which could have
serious ramifications to the project. SWE submitted a revised proposal to include the expanded
scope of environmental work in June. City Council approval of a contract amendment for SWE
anticipated in July.
5. Diaz Road Extension to Cherry Street
This project was previously "On-hold'" pending data from Riverside County Flood Control. With the
construction of the proposed Education Center, this project has become developer driven. Plans
have been routed to various utilities for identification of possible conflicts and to Riverside Flood
Control and Army Corp of Engineers for verification that the proposed roadway is in conformance
with the proposed detention basin within Murrieta Creek.
6. Santa Gertrudis Bicyclel Trail Undercrossing at Margarita Road
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under
Margarita Road. Data regarding existing utilities are being incorporated into the design. RCFC has
provided an Encroachment Permit. This project cannot be constructed until adequate funds are
identified. An application was submitted for State Bicycle Transportation Account (BTA) funds on
12/1/06.
7. Western Bypass Corridor Alignment Study
This project will complete an alignment study for the Western Bypass Corridor. The City's design
Consultant, URS, is now working on developing the plans for the Preferred Alignment.
Electronic files of one of the alignments for the southern portion of the project (south of Rancho
California Road) were given to the engineer of the developer of the Villages of Old Town. They are
supposed to commit to complete the plans and the construction of this portion within a specified time
frame. The City is waiting for a letter from the Villages of Old Town with a commitment to design
and construct the southerly portion of the WBC including a timeline to accomplish these
improvements.
4
8. Western Bypass Bridge Over Murrieta Creek
This project involves the design and construction of a new bridge over Murrieta Creek at the
westerly terminus of R-79S and an extension of Pujol Street to the new structure. Once constructed,
this will serve as the southerly connection of the Western Bypass Corridor. Entry permits for
geological investigations are pending.
The developer of the Villages of Old Town may be taking over the design and construction of this
project. The City and developer are negotiating an agreement for the transfer of work. Further
development ofthe design and environmental document is on hold pending the outcome of
negotiations.
9. Redhawk Park Improvements, Four Sites
This project will add amenities to four park sites in the recently annexed Redhawk area. RJM is
currently working on master plans for the four different park sites. A dog park is planned for one of
the park sites.
RJM gave a presentation to a committee with members from City Council, residents and staff. This
presentation included the information from past community work shops, which helped with
conceptual design of the parks. Due to budgetary restraints, the construction was divided into
phases over a number of years. RJM used the existing irrigation layout at the future dog park to
help reduce the costs but at the same time allowed for a very flexible design that will be able to be
adjusted as the dog park needs change in the future.
10. Old Town Infrastructure Projects - Site Demolition and Site Preparation
This project involves demolishing the existing non-historic structures on the City owned parcels at
the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town
Parking Structure. The demolition of the McLaughlin Building and the community Pantry is complete.
The site has been graded and erosion control BMP's have been installed. The Relocation of the
Escalier house and Barn are dependent upon the Temecula Community Center (TCC) site
preparation.
11. Old Town Infrastructure Projects - Underground Utility District
This project will effectively underground all overhead utility lines along Old Town Front Street,
between 2nd and 6th streets, all of Main Street east of Murrieta Creek and Mercedes Street between
2nd and 6th streets. The City Council approved the resolution forming the underground utility district
on October 10, 2006. SCE is designing their underground systems, which will be followed by design
of CATV & Telephone UG systems. 60% street improvement plans have been forwarded to the
utilities for their review in late January 2007. SCE will have their portion of the design complete in
May 2007.
12. Old Town Infrastructure Projects - Street Improvements, Mercedes St (2nd - 6th) & the
Realignment of Main St.
This project will improve Mercedes Street and realign Main Street as part of phase 1 of the Old
Town Civic Center project. RBF submitted 90% street plans, which are under review. Water/sewer
lines are under design & will be incorporated into the plans. Coordination between the plans and the
landscape architect is occurring. Items of interests: (a) the plans will define the Town Square plaza
perimeter curb, the colored pavers at Mercedes St, decorative bollards, etc; (c) signage is being
reviewed to match existing Old Town sign age, (d) impacts to existing structures will be minimized.
5
The design process will be ongoing for the nex1 few months. Bidding process is expected in
Sept/Oct.
13. Old Town Infrastructure Projects - Parking Structure & Office/Retail frontage
This project will construct a parking structure, including office and retail frontage as part of phase 1
of Old Town Civic Center project. Design Architect, NMR, submitted schematic design drawings for
the OTCC Parking Structure (Ph 1 D) on 6/1/7. Office/Retail frontage has been revised to a more
efficient design eliminating the narrow space to the south. Northerly frontage space will now be two-
story to make up the space, facades and view from the street will remain the same. Modifications to
items such as lighting, secured paths of travel for Council, secured parking area, gates, basement
parking, etc. are on-going.
14. Old Town Infrastructure Projects - Town Square Plaza
Under this project, the plaza area for Phase 1 of the Civic Center will be constructed. NMR and their
landscape architectural sub, SWA, have submitted the schematic design package Review
comments will be forwarded to the designer when they are done. Designers will meet with the City
to go over comments and finalize any modification prior to design development in June.
15. Old Town Civic Center Phase 2
Under this project the design and construction documents for phase two of the Civic Center Project
will be developed. The City Council approved the Old Town Civic Center Master Plan and awarded a
design contract to NMR for balance of the Civic Center design on April 1 0, 2007. Design consultant
NMR continues the schematic design process. NMR is finalizing the departmental space allocations
and adjacency requirements and will be forwarding results in the nex1 few weeks. Departmental
floor plans will follow.
16. 79 South Park & Ride
This project will design and construct a park and ride facility on 79 South at La Paz. The City is
coordinating with RT A to develop an MOU for the preliminary engineering phase ofthe work and the
implementation of the project. Based on Statements of Qualifications a consultant has been
selected. The City Council approved a design contract with AAE at the 6/12/07 City Council meeting.
17. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita)
This federally funded project includes rehabilitating De Portola Road from Jedediah Smith Road to
Margarita Road. On Nov 14, 2006 City Council approved the design agreement w/GFB-Friedrich.
Consultant started the record research & survey. City forwarded utility as-builts to GFB for
coordination. 30% plans were submitted on 2/12/07; design engineer hired consultant to perform
street borings. 70% plans are expected in June. Discussion ofthe new modified roadway section is
taking place to determine if we could incorporate the new section into this rehab project. This is a
federally funded project. The PES Submittal/App was resubmitted wIthe NESMI Report. It is being
reviewed by Caltrans.
18.79 South to Pechanga Parkway - Dual Right Turn Lanes
This project includes the design and construction of two dedicated right turn lanes on eastbound 79
South to southbound Pechanga Parkway. The design includes the widening of 79 South and
relocation of traffic signal poles. A preliminary design plan was provided to the City and is currently
being reviewed by staff.
6
19. Santiago Detention Basin
This project includes the design and construction of a desilting basin on the south side of Santiago
Road between Vallejo Avenue and John Warner Road. The City Council approved the design
contract with Kimley-Horn at the 03/06/07 meeting and Phase I of the design has begun. On
05/03/07, The City and the consultant, Kimley-Horn met with the US Army Corps of Engineers and
the Regional Water Quality Control Board to review the project site and determine the best location
for the basin. Kimley-Horn will come up with viable alternatives for basin location.
20. Winchester Road/79-North Corridor Beautification
This federally funded project will design and construct landscaping and irrigation enhancements to
the existing raised medians along Winchester Road between Ynez Road and the easterly City limit.
The project kickoff meeting was held with the City personnel and RBF consulting. The project is in
the 30% design phase. City PM met with consultant and resolved the topo/aerial issues. Consultant
was performing hard survey within the project area last week. Due to the funding issues the City has
decided to eliminate the proposed improvements within Caltrans right of way on the east end of the
project. The City PM has forwarded all utility information to the consultant.
21. French Valley Parkway Phase 1 - Southbound Off-Ramp to Jefferson, Auxiliary Lane, and
Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp
A southbound of-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis
Creek at the Winchester southbound off-ramp are the components of Phase 1. The City and
Caltrans have agreed that immediate action is required to relieve congestion at the Winchester
Road southbound off-ramp. Status is as follows:
~ PS&E - Consultant is preparing 95% plans.
~ RfW - Establishing dedication and acquisition needs.
~ Construction Cooperative Agreement - Caltrans comments received on 2nd fact sheet
submittal; City is preparing additional information requested.
~ Declaration of Units - Caltrans Approved Metric Exception for this phase.
~ Utilities - Preparing documents to initiate potholing.
22. Temecula Community Center Expansion
This project will add approximately 4000 square feet of space to the existing Temecula Community
Center to accommodate more human services programs. Work has begun on construction
documents for the approved project design. The site plan will also include provisions for the
Community Pantry which will be located in the Escalier House and Barn. They will be moved to the
site after it has been graded and utilities have been stubbed out. Soils investigation and survey are
complete and there are no extraordinary soils conditions. The grading for the Escallier house will be
performed in January of 2008. The agreement with Meyer and Associates is being revised to reflect
the changed scope of work and will go to Council on June 26, 2007.
23. 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.
7
24. Long Canyon Detention Basin - Access Road
This project will construct an access road to the Long Canyon Detention Basin. Plans and
specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited
within the basin before constructing the access road. Project is on hold until FEMA determination
is finalized.
25. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek
This federally funded project includes the design and construction of an approximately 200' ped/bike
bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will
involve a NEPA document. A field meeting was held on 4/11/07 between the City, Caltrans, Army
Corps, Regional Water Board, and Nolte to gather input in preparing the Preliminary Environmental
Study form for submittal to Caltrans, the first step in obtaining Federal environmental clearance in
the event of Federal funding. Staff review of the PES form has been completed, and the document
has been submitted to Caltrans for review. Coordination between the City and Rancho California
Water District to acquire a portion of an RCWD-owned parcel needed to construct the bridge
continues.
26. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond
This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution
Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the RWQCB by
desilting the channel & pond located near the Sports Park. A US Army Corps of Engineers
Nationwide Permit application has been submitted and communication with the Department of Fish
& Game is continuing. City Council authorized the Professional Services Agreement with BonTerra
Consulting on 11/14/06 and the kick off meeting was held on 12/06/06. BonTerra has initiated the
environmental clearance process. An amendment to the consultant agreement was approved by
City Council on 05/08/07 to provide additional studies required by the regulatory agencies. These
studies will aide in determining any impact to native habitat.
PROJECTS IN THE PLANNING STAGE
1. 1-151 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.
City continued development of design geometrics and environmental technical studies. Status is as
follows:
~ Draft Project Report - Final submittal pending Caltrans review of Environmental Document.
~ Advisory Design Exceptions - Approved 10/18/06.
~ Mandatory Design Exceptions - Approved 10/20/06.
~ Stormwater Data Report - 4th submittal is to coincide with final PR Submittal.
~ Traffic Study - Approved 09/11/06.
~ Modified Access Report - 1st submittal under FHWA review.
~ Geometric Approval Drawings - Under development.
8
~ Initial Study Assessment - Approved September 2005.
~ Acoustic Evaluation - Approved December 2005.
~ Air Quality Assessment - Approved PM10 Nov 2005 and PM2.5 Ju12006.
~ Nat Environmental Study - Approved May 2006.
~ Cultural Studies - Approved November 2006.
~ Environmental Document - 3rd Submittal is under Caltrans review.
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 is moving through the Caltrans process. Current status is as follows:
~ Draft Project Report - Approved June 2006.
~ Project Report - Final preparation pending approval of Environmental Document.
~ Draft Environmental Document - Approved December 2006.
~ Environmental Document - FHWA review pending NCR determination of acceptability.
~ New Connection Report - Preparing revisions per FHWA
~ Stormwater Data Report - Under Caltrans review.
~ Mandatory Design Exceptions - Approved 07/18/06.
~ Advisory Design Exceptions - Approved 07/18/06.
~ Exception to Ramp Metering Policy - Approved 07/05/06.
~ Geometric Approval Drawings - Approved 07/18/06.
~ Freeway Agreements - 4th submittal is under Caltrans review.
~ Risk Management Plan - Updating as necessary.
~ Project Charter - Preparing first draft.
~ Declaration of Units - 1 st Request for Metric Exception under Caltrans review.
~ Freeway Agmts - Preparing 5th submittal for Caltrans review.
~ Risk Mgmt Plan - Updating as necessary.
~ Project Charter - 1 st draft is under Caltrans review.
~ Maintenance Agmt - Preparing 1 st submittal for Caltrans review.
~ Financial Plan - Preparing 2nd submittal for Caltrans review.
3. 1-15 and 79 South Sign Replacement - Temecula Parkway Name Addition and
Replacement of 79South Signs Within City Limits
This project will add the newly adopted name of "Temecula Parkway" to the appropriate freeway
signs and change all "79 South" signs within City Limits. City PM met with Caltrans staff and
finalized the sign order forms. Caltrans forwarded the orders to the sign manufacturers for pricing
and a schedule. Caltrans will have the information from the manufacturer this week and will forward
them to the City for approval.
9
4. Pavement Rehabilitation - STPL Project
This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east. The kick-
off meeting was held at the City and various issues and schedules were discussed. The geo-tech
sub-consultant performed 30 test borings along the project limits and forwarded the findings to the
consultant. City PM has forwarded all utility information to the consultant.
5. Old Town Gymnasium
This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. An RFP
was issued to hire an architect to design the gymnasium. Interviews were conducted on 01/22/07.
The scope of work has been finalized by the chosen architect and it has been approved by Staff.
The agreement with the chosen architect will be presented to the City Council for approval at the
06/26/07 meeting.
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MEMORANDUM
TO: Bill Hughes, Director of Public Works/City Eugineer
FROM: ~'f? Brad Buron, Maintenance Superintendent
DATE: June 13, 2007
SUBJECT:
Monthly Activity Report - May, 2007
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of May, 2007:
I. SIGNS
IT. TREES
A.
B.
C.
Total signs replaced
Total signs installed
Total signs repaired
22
29
65
A.
Total trees trimmed for sight distance and street sweeping concerns
11
Ill. ASPHALT REPAIRS
A.
B.
Total square feet of A. C. repairs
Total Tons
7.036
118
A.
IV. CATCH BASINS
97
Total catch basins cleaned
A.
V. RIGHT-OF-WAY WEED ABATEMENT
o
Total square footage for right-of-way abatement
VI. GRAFFITI REMOVAL
A.
B.
Total locations
67
8.942
Total S.F.
VIT. STENCILING
A. 374 New and repainted legends
B. 16.987 L.F. of new and repainted red curb and striping
R:\MAINTAIN\MOACTRPT
Also, City Maintenance staff responded to 2L service order requests ranging from weed abatement, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to --1L service order requests
for the month of Anril . 2007.
The Maintenance Crew has also put in 94 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 ofMav. 2007 was $28.310.00 compared
to $6.785.00 for the month of Anril. 2007.
Account No. 5402
Account No. 5401
Account No. 999-5402
$ 26,280.00
$ -0-
$ 2,030.00
cc:
Dan York, City Engineer
Ali Moghadam, Principal Engineer
Arner Attar, Principal Engineer
Jerry Alegria, Senior Engineer
(Traffic)
(Capital Improvements)
(Land Development)
R:\MAINTAIN\MOACTRPT
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..c: U c: I- z .90 c I- W " ".... ..... >- C:C.EWds.: Q) '2:1ii
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<Coo.... () 0000.... ............ ~.... (3, Cl)CI)()I-O:::Z <COO(9 ....
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of May, 2007
DATE
ACCOUNT
CONTRACTOR:
STREET/CHANNELIBRIDGE
!R~C~RE1~9:INEERING..
PESCRIPTION
OF WORK
TOTAL COST
SIZE
RIVERTON AT YARDLEY
I REMOVE & REPLACE CROSS GUTTER
I TOTAL COST I $ 8,900.00
Date: 05/03/07
# 5402
Date: 05/09/07
NICOLAS ROAD (EAST & WEST)
SHOULDER GRADING
# 5402
TOTAL COST
$17,380.00
Date:
#
I TOTAL COST
Date:
#
I TOTAL COST
# 999-5402
LIEFER ROAD
SERVICE LEVEL uR" AREAS
I GRADE ALL DIRT ROADS
I TOTAL COST
$ 2,030.00
Date: 05/30/07
Date:
#
Date:
#
I TOTAL COST
Date:
#
TOTAL COST ACCOUNT #5401
TOTAL COST ACCOUNT #5402
TOTAL COST ACCOUNT #99-5402
I TOTAL COST
-0-
$26,280.00
$ 2,030.00
R:\MAJNTAIN\MOACTRPT
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (pOTHOLES) REPAIRS
MONTH OF MAY, 2007
"
05/01/07 VIA NORTE AC. OVERLAY t,028 4.5
05/07/07 VIA NORTE I AC. OVERLAY 1,032 5
05/08/07 I MARGARITA AT COURTNEY PLACE I R&R AC. 340 12
05/09/07 I OLD TOWN FRONT STREET I R&R A.C. 354 II
05/10/07 I RIVERTONATYARDLEY I R&R AC. 368 t2
05/14/07 VIA NORTE I AC. OVERLAY 800 4
05/15/07 MARGARITA N/O STONEWOOD I R&R A.C. 396 18.5
05/16/07 I PECHANGAPARKWAY lAC. OVERLAY 465 4
05/17/07 I YORBAATDEPORTOLA I R&R A.C. 260 6
OS/21/07 I MARGARITA T JEDEDIAH SMITH I R&R A.C. 780 18
OS/22/07 I MARGARITAATJEDEDIAHSMITH I R&R AC. 598 t2
OS/23/07 I YORBA & YNEZ I R&R A.C. 405 8.5
OS/23/07 I 30395 CABRILLO I A.C. OVERLAY 210 2.5
I I
I
I
I
I
I
I
I
I
TOTAL S.F. OF REPAIRS 7.036
TOTAL TONS 118
R:\MAINTAINIWKC.MPLTD\ASPHALT.RPR\06.07\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF MAY, 2007
05/01/07 HWY 79 SO. CLEANED & CHECKED 3 CATCH BASINS
05/07/07 CITYWIDE CLEANED & CHECKED 15 CATCH BASINS
05/08/07 AREA #4 CLEANED & CHECKED 16 CATCH BASINS
05/14/07 CITYWIDE CLEANED & CHECKED t2 CATCH BASINS
05/15/07 YNEZ ROAD CLEANED & CHECKED 5 CATCH BASINS
05/16/07 AREA #4 CLEANED & CHECKED 6 CATCH BASINS
OS/21/07 CITYWIDE CLEANED & CHECKED 11 CATCH BASINS
OS/29/07 CITYWIDE CLEANED & CHECKED 14 CATCH BASINS
OS/29/07 AREA #1 CLEANED & CHECKED 7 CATCH BASINS
05/30/07 MALL CLEANED & CHECKED 8 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED ....2l
R:\MAINTAIN\WKCMPLETD\CATCHBA$\06.07\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF MAY, 2007
DATE
05/01/07 LEENA WAY AT AMEADOWS PARKWAY REMOVED 29 S.F. OF GRAFFITI
05/01/07 40605 WINCHESTER REMOVED 37 S.F. OF GRAFFITI
05120/07 33233 ROMANCE PLACE REMOVED 47 S.F. OF GRAFFITI
05/02/07 TEMECULACREEKPALAPARK REMOVED 333 S.F. OF GRAFFITI
05/03/07 WINCHESTER AT MARGARITA REMOVED 122 S.P. OF GRAFFITI
05/04/07 MIRA LOMA AT SCE PLANT REMOVED 228 S.F. OF GRAFFITI
05/07/07 HUMBER CHANNEL REMOVED 121 S.F. OF GRAFFITI
05/07/07 LA SERENA AT SO. GENERAL KEARNY REMOVED 14 S.F. OF GRAFFITI
05/07/07 VIA INDUSTRIA AT RIO NEDO REMOVED 64 S.P. OF GRAFFITI
05/07/07 NO. GENERAL KEARNY AT SANTA GERTRUDIS REMOVED 75 S.F. OF GRAFFITI
05/07/07 RORIPAUGH DRIVE AT NICOLAS REMOVED 65 S.P. OF GRAFFITI
05/07/07 MARGARITA ROAD AT HARVESTON REMOVED 49 S.P. OF GRAFFITI
05/1 0/07 26111B YNEZ ROAD REMOVED 60 S.P. OF GRAFFITI
05/10/07 YNEZ ROAD AT RANCHO CALIFORNIA ROAD REMOVED 8 S.P. OF GRAFFITI
05/11/07 MARGARITA N/O WINCO REMOVED 30 S.F. OF GRAFFITI
05/1t/07 LA SERENA AT TEMEKU HILLS REMOVED 36 S.P. OF GRAFFITI
05/14/07 TEMECULA CREEK BRIDGE REMOVED 20 S.F. OF GRAFFITI
05/14/07 I-IS AT 79 SO,. OFF RAMP REMOVED 58 S.F. OF GRAFFITI
05/14/07 JEFFERSON AT BUECKING REMOVED 6 S.P. OF GRAFFITI
05/14/07 TARGET CENTER REMOVED 91 S.P. OF GRAFFITI
05/14/07 A VENIDA DE MISSIONES REMOVED 174 S.F. OF GRAFFITI
05/14/07 LONG V ALLEY AT HUMBER REMOVED 14 S.P. OF GRAFFITI
05/16/07 YUKON AT COPPER BEACK REMOVED 50 S.F. OF GRAFFITI
R:\MAINTAIN\WKCMPLTD\GRAFFlTI\06.07
I
S.P. OF GRAFFITI I
S.F. OF GRAFFITI J
GRAFFITI
REMOVED 20 S.F. OF GRAFFITI
REMOVED 580 S.P. OF GRAFFITI
REMOVED I 128 S.P. OF GRAFFITI
REMOVED 302 S.P. OF GRAFFITI '1
REMOVED 22 S.P. OF GRAFFITI 11
REMOVED 206 S.F. OF GRAFFITI I
REMOVED 32 S.P. OF GRAFFITI I
REMOVED 42 S.P. OF GRAFFITI J
05/15/07 JADE PLACE AT SHARON
II 05/15/0: MARGARITA S/O SOLANA
I 05/17/07 I
I 05/t7/07
,
REMOVED I
t86
REMOVED
6
I 05/18/07
05/18/07
LUCKY CFNTER REMOVED 125 S.F.OF
I LA SFFEN~ AT ~O. GENERAL KEARNY REMOVED I 8 S.P. OF
I ME~~WS AT RANCHO VISTA REMOVED 46 S.F.OF
I YNEZ AT FOfTITV DRIVE REMOVED 15 S.F.OF
I LOMALIN~-:~~-PECHANGAPARKWAY REMOVED 296 S.F.OF
I REDHA WK- BRIDGE REMOVED 73 S.F.OF
I WOLF STORR CHANNEL REMOVED 330 S.P. OF
I T ARG~~~ENTER REMOVED 22 S.P. OF
I TEMECULA rREEK BRIDGE REMOVED 45 S.F. OF
I NIB I-IS AT-7~ SO. REMOVED 1t0 S.P. OF
I LOMA T.TNDA AT TESIBEN REMOVED 12 S.P. OF
I VIA CO~~UELO AT PECHANGA PARKWAY REMOVED 50 S.F.OF
I 2663 t YNEZ REMOVED 54 S.F.OF
, 41850 MORENO REMOVED 100 S.F.OF
I MARG:~;T" AT SOLANA WAY REMOVED 31 S.P. OF
I VIA GI~BE~~;~ONG TRAIL REMOVED 37 S.P. OF
I SANTA GFRTRUDIS CREEK REMOVED t54 S.F.OF
I OS/21/07
I OS/21/07
,
I OS/21/07
I OS/21/07
I OS/21/07
I OS/21/07
.! OS/21/07
I OS/21 /07
.I OS/22/07
I OS/22/07
I
II OS/22/07
I OS/23/07
I
I' OS/23/07 __
105/24/07/ CORTEPOSITA
I OS/25/07 I SIB t-15 AT HWY 79 SO.
I OS/29/07 BUSINESS PARK DRIVE AND AREA
I OS/29/07 MERCEDES MUSICIANS WORKSHOP
I OS/29/07 I BEDFORD COURT
I OS/29/07 I A VENIDA DE MTSSIONES
I OS/29/07 I REDHA~~~~~~AND
.1 OS/29/07 I RANCHO CALIFORNIA BRIDGE
GRAFFITI
GRAFFITI I
I
GRAFFITI I
GRAFFITI I
GRAFFITI I
GRAFFITI I
I
GRAFFtTI II
GRAFFITI I
I
GRAFFITI I
GRAFFITI
GRAFFITI
GRAFFITI I
GRAFFITI I
GRAFFITI '1
GRAFFITI
GRAFFITI
R:\MAINTAIN\WKCMPLTD\GRAFFITl\06.07
OS/29/07 27520 RANCHO CALIFORNIA ROAD
I OS/29/07 MARGARITA S/O SOLANA
1 OS/29/07 S/O 26443 YNEZ
I OS/29/07 I NICOLAS ROAD
1 OS/29/07 I NO. GENERAL KEARNY AT BRIDGES
1 OS/29/07 I BEDFORD AT WINCHESTER
I OS/29/07 I 28071 DIAZ
I 05/30/07 I 2ND STREET AT MERCEDES
I 05/30/07 I BUSINESS PARK DRIVE
II 05/30/07 1 CULVERT AT YNEZ
I 05/30/07 I RAINBOW CANYON AT TEMECULA CREEK
1 05/30/07 I I-t5 NIB & SIB
I 05/30/07 1 VtA GILBERTO / LOMA LINDA
I 05/30/07 I VIA EDUARDO
1 05/30/07 I MARGARITA S/O SOLANA
II 05/31/07 142140 LYNDIE LANE
1 05/31/07 I RAINBOW CANYON AT PECHANGA CREEK
I I
I
I
I
I
i' :
I I
TOTAL S.F. GRAFFITI REMOVED 8.942
TOTAL LOCATIONS 67
J
R:\MAINTAIN\WKCMPLTD\GRAFFITI\06.07
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF MAY, 2007
I
I 05/01/07
PAUBAROAD
TRIMMED
7 R.O.W. TREES
4 R.O.W. TREES
I 05/08/07 YNEZ ROAD AT P AUBA ROAD
I
I
I
I
I
I
I
TRIMMED
I
I
I
I
I
,
I
I
I
I
I
.1
I
I
I
TOTAL R.O.W. TREES TRIMMED -.!!
R:\MAINTAIN\WRKCOMPLTD\TREES\06.07
DATE.
REC'I)
05/02/07 30512 BAYHlLL
05/02/07 131160 CALLE ARAGON
05/03/07 I 39720 PRIMROSE CIRCLE
05/07/07 1 WINCHESTER ROAD
05/07/07 I MORAGA
05/07/07 I 45378 EAGLE CREST LANE
05/07/07 I 31956 A VENIDA MALLARI
05/07/07 I CORTE GANSO
05/08/07 141129 VINTAGE CIRCLE
05/09/07 I 29905 A VENIDA VERDE
05/09/07 I 27147 GREENSTONE
05/1 0/07 I LIEFER ROAD
05/10/07 I 30040 LOS NOGALES ROAD
05/11/07 I PECHANGA AT CUPENO
05/1l/07 I FOX AT PARAGUAY
05/ll/07 I 32836 PARAGUAY DRIVE
05/11/07 I 30490 SHENANDOAH COURT
05/14/07 I 30495 SHENANDOAH COURT
05/14/07 I MORAGA
05/14/07 I MARGARITA
05/14/07 I 41875 CORTE LARA
05/15/07 1 DATE STREET
05/15/07 I 27483 DANDELION COURT
05/16/07 I 42104 HUMBER DRIVE
05/15/07 I LIEFER ROAD
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF MAY, 2007
REQUEST
I DEAD TREE
I DEAD TREE
I PAINT ON CAR
I DEBRIS PICK-UP
I DEBRIS PICK-UP
I GLASSES IN STORM DRAIN
I SNS MISSING
SNS MISSPELLED
ROOT PRUNING
POTHOLES
DEAD TREE
ROAD GRADING
TREE TRIMMING
S.N.S. DOWN
STRIPING QUESTION
STORM DRAIN PLUGGED
DEAD TREE
ROOT PRUNING
DEBRIS
DEBRIS
A.C. REPAIRS
FLOWER TRIMMING
ROOT PRUNING
TREE CONCERN
GRADING ROAD
DATE WORK
COMPLETED
05/02/07
05102/07
05/03/07
05107/07
05/07/07
05/07/07
05/07/07
05/07/07
05/08/07
05109/07
05/09/07
05/10/07
05/10/07
05/11/07
05/l1/07
05/ll/07
05/ll/07
05/14/07
05/14/07
05/14/07
05/l4/07
05/t5/07
05/15/07
05/t6/07
05/16/07
R;\MAINTAIN\WRKCOlvlPL1DISORS\06.Q7
DATE
REC'D
05/18/07 LOS RANCHITOS HOA
05/18/07 I RIVERTON AT YARDLEY
05/18/07 I RANCHO CALIFORNIA ROAD AT MARGARITA
OS/22/07 I CABRILLO ATE. VALLEJO
OS/22/07 I OLD TOWN FRONT AT SANTIAGO
OS/22/07 I 30395 CABRILLO
OS/22/07 I 31045 PESCADO DRIVE
OS/23/07 I 39340 LIEFER ROAD
OS/23/07 I PECHANGAPARKWAY
OS/23/07 I 30964 PESCADO DRIVE
OS/25/07 I 44865 POTEST AS
05/31/07 I MARIAN STREET
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I MISSING SNS
I PICK UP DEBRIS
I PICK UP DEBRIS
I MISSING SNS
I PICK UP DEBRIS
I POTHOLES
I A.C. REPAIR
I GRADING ROAD
I VERIZON / DEBRIS
I A.C. REPAIR
I TRAFFIC CONCERN
I DEBRIS REMOVAL
TOTAL SERVICE ORDER REQUESTS --->>-
DATE WORK
COMPLETED
05/18/07
05/18/07
05/18/07
OS/22/07
OS/22/07
OS/23/07
05122/07
OS/24/07
OS/24/07
OS/23/07
OS/25/07
05/31/07
R:\MAINTAIN\WRKCOMPLTD\SORS\06.07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF MAY, 2007
05/01/07 P AUBA E/O YNEZ INSTALLED R3-7, W73-A
I 05/03/07 CtTYWIDE REPAIRED 16 SIGNS
I 05/04/07 NICOLAS ROAD REPLACED R7-4, R2-45
II 05/04/07 MARGARITA AT MEADOWS REPLACED R7-4
I
, 05104107 YNEZ AT OVERLAND REPLACED 2 R7-4 I.
I 05104107 HUMBER REPLACED W8-2, R2-25
I 05/07/07 ROJCK DRIVE AT VIA INDUSTRIA REPLACED WI-6 ,
I
I 05/07/07 RIO NEDO AT VIA INDUSTRIA REPLACED WI-6 II
I 05/07/07 46472 KOHINOOR WAY INSTALLED . R2-1- 25
I 05/08/07 YNEZ / MARGARITA INSTALLED 4 LIBRARY SIGNS
I 05/09/07 CITYWIDE REPAIRED 15 SIGNS
I 0511 0107 CITYWIDE REPAIRED 10 SIGNS
I
I 05/15/07 CITYWIDE REPAIRED 15 SIGNS
05/16/07 COPPER BEACH N/O yUKON REPLACED R2-25
05/17/07 AREA #3 REPLACED 5 SIGNS - REPAIRED 9 I
I
OS/23/07 RANCHO VISTA E/O MEADOWS
INSTALLED 22 R7-9A 11
. OS/25/07 SANTIAGO ESTATES REPLACED 4SNS
I, OS/29107 BUTTERFIELD STAGE AT WOLF STORE REPLACED R4-7
I 4TH STREET AT MERCEDES
I 05/31107 REPLACED R-l
I 05/31/07 MARGARITA AT SPARKMAN REPLACED R4-7 I
;
TOTAL SIGNS REPLACED 22.
TOTAL SIGNS INSTALLED ~ J
TOTAL SIGNS REPAIRED ~
- -
R~\MAINTAlN\WKCMPLtD\SLGNS\,06m
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS I STRIPING
MONTH OF MAY, 2007
05/01/07 P AUBA E/O YNEZ REPAINTED 20 LEGENDS
I 05/02/07 ";
PAUBA E/O YNEZ REPAINTED 46 LEGENDS I
I 05/03/07 AREAS #3 & #4 REPAINTED t 7 LEGENDS 'I
I 05/07/07 AREA #4 REPAINTED 53 LEGENDS 1
05/08/07 TEMEKU HILLS REPAINTED 72 LEGENDS I
I 05/09/07 AREA #5 REPAINTED 55 LEGENDS 1
I 05/tOl07 AREA #5 REPAINTED 20 LEGENDS 1
I 46 LEGENDS I
I 05/14107 AREA #1 REPAINTED
I 05/t5/07 AREA #1 REPAINTED 29 LEGENDS I
I 05/16/07 AREA #1 REPAINTED 3,626 LF RED CURB I
I 05117/07 AREAS #1 & #2 REPAINTED 5,025 LF RED CURB 1
I 05/22/07 1
PALOMA DEL SOL REPAINTED 4,306 LF RED CURB
I 05/23/07 PALOMA DEL SOL REPAINTED I
4,030 LF RED CURB 'I
I 05/23/07 P AUBA ROAD / RANCHO VISTA REPAINTED 16 LEGENDS
I
r
I
I
I
I
I 1
I I
I I
I I
I
I I
I I'
TOTAL NEW & REPAINTED LEGENDS 374
NEW & REPAINTED RED CURB & STRIPING L.F. 16.987
R:\MAINTAIN\WRKCOMPL1D\STRlPING\
I~-- .
,
II
ITEM NO. 37
II
,
II
-
I
I
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
/ill
oa..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
June 26, 2007
SUBJECT:
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of May 2007.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 60 new applications for administrative, other minor cases, and home
occupations including 6 applications for public hearings during the month of May. The new
public hearing cases are as follows:
CERTIFICATE OF COMPLIANCE
CONDITIONAL USE PERMIT
EXTENSION OF TIME
MAJOR MODIFICATION
PARCEL MERGER
1
1
2
1
1
Soecial Proiects & Lona Ranae Plannina Activities
The Long Range Planning Division 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 currently in progress are
described in the paragraphs below:
. Temecula Regional Hospital - The Riverside County Superior Court overturned the City
Council's approval of the Temecula Regional Hospital project and staff is working with
applicant and the City Attorney's office to prepare a Supplemental Environmental Impact
Report. Each Planning Application that was originally approved will need to go through the
approval process again, including Planning Commission and City Council public hearings.
Staff is currently processing contracts to manage the special studies for the Supplemental
EIR, and staff anticipates that Planning Applications will be submitted by the end of June
2007. (PAPP)
. General Plan Land Use Map Update - Planning staff and GIS have completed revision
exhibits that explain the necessary changes to the Land Use Map caused by overlapping
data sets, differences in conceptual plans versus recorded maps, and changes in the built
environment. Some examples of changes include streets currently shown as residential will
have no land use designation, Specific Plan areas will be modified to reflect recorded maps,
and new park and school sites will be noted as Open Space and Public Institutional
Facilities. All property owners affected by the proposed map changes will be notified by mail
prior to any hearing. Staff anticipates a Planning Commission hearing in July and a City
Council hearing in August 2007 to coincide with a proposed land use change for the
Professional Hospital Supply project. (PAPP)
. General Plan Housing Element Update - Staff has been attending WRCOG workshops on
the Regional Housing Needs Assessment in preparation for the update of the City's Housing
Element. SCAG released the Draft Regional Housing Needs Assessment numbers to cities
and agencies in the region in February. Staff has reviewed the Draft RHNA Allocation Plan
and supports the proposed housing distribution for Temecula. More than 40 cities
throughout SCAG's six-county region have filed appeals on their proposed housing
allocation. This could lead to an increase in the numbers allocated for Temecula. Appeals
forthe WRCOG-area jurisdictions will be heard on April 30, 2007 at SCAG's Inland office in
Riverside. It is expected that affordable housing goals and Housing Element Update must
be certified by the State Department of Housing and Urban Development by December
2008. (PAPP)
. Nicolas Valley Rural Preservation Area - Staff is undergoing an opportunities and
constraints analysis of the properties contained within the Nicolas Valley Rural Preservation
Plan area to develop strategies to assist property owners with the construction of needed
infrastructure and services. This area is lacking paved roadways, water transmission lines,
wastewater collection, cable television, etc. Because of the relatively few properties in the
area, assessment districts may be too costly for property owners. Staff needs to map the
existing flood plain and complete a slope analysis to create a comprehensive constraints
map of the area. Staff met with the Council Subcommittee in late February to brief the
Council on staff strategies for bringing much needed services into the area. It was
determined that a public workshop should be held to solicit input from area residents.
Workshops were held on March 29, 2007 and May 15, 2007, with about 60 Nicolas Valley
residents attending each workshop. Staff will continue to conduct monthly workshops with
residents for the next 4 to 6 months to develop a plan for the area. The next workshop will
focus on developing appropriate land uses for the area. (PAPP)
. Mixed Use Development Standards and Traditional Neighborhood Design Criteria - Staff is
in the process of developing 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)
. Transit Center and Transit Oriented Development Demonstration Project - Staff is working
with the County of Riverside Flood Control District, Army Corp of Engineers and Riverside
Transit Agency staff to locate the proposed transit center within the recreation portion of the
Murrieta Creek Flood Control, Environmental Restoration and Recreation Project, generally
located in the vicinity of Jefferson Avenue and Cherry Street. (WEST)
. Smoking Ordinances - Two Citywide smoking ordinances were prepared by staff and the
City Attorney to prohibit smoking in the workplace and public places; and to regulate
smoking in multi-family housing by setting aside 25% or more of the units in each
development as non-smoking units. The ordinances were presented to the Planning
Commission on February 7, 2007 with the Commission unanimously recommending City
Council approval. The City Council approved the Ordinances on April 24, 2007. Staff is
working jointly with the City Attorney's office to schedule enforcement training sessions for
staff in June, and a public meeting in July to explain how the Ordinances will impact property
owners and business owners in the City. (PAPP)
. Noise Ordinance - Staff has researched other jurisdictions noise ordinances and is in the
process of developing a noise ordinance that incorporates the goals and objectives
contained in the General Plan. The proposed ordinance is expected to contain provisions
that would clearly define acceptable noise parameters and will permit Code Enforcement
and/or the Temecula Police Department to Issue citations for noise violations. Staff met with
representatives from Riverside County in January for a briefing on the County's newly
adopted Noise Ordinance. A draft noise ordinance has been prepared and is being
reviewed by the City Attorney. A second City Council Subcommittee meeting was held on
April 3, 2007. The draft Ordinance was presented to the Planning Commission on June 6,
2007. The Planning Commission had several concerns with the draft Ordinance and
continued the item for 60 days for staff to re-craft the Special Noise Standards section of the
Ordinance. (PAPP)
. Water Efficient Landscaping Ordinance - The State of California recently adopted a Model
Ordinance entitled California Friendly Landscapes, which identifies requirements for design,
planting and irrigation. Riverside County recently adopted a new ordinance which includes
the California Friendly criteria and expands on the model ordinance. Staff has compared it
to the City's existing Water Efficient Landscape ordinance and determined that the city
Ordinance should be revised. A draft Ordinance will be distributed for review and comment
by the end of June 2007. (PAPP)
. Massage Ordinance - Staff is working with the Temecula Police Department to develop a
new massage ordinance that is more restrictive than the existing ordinance and will be
implemented and monitored directly by the Police Department. The proposed ordinance will
require each employee to undergo several hundred hours of training, to wear identification at
all times and includes more severe penalties for violators and business owners. Temecula
PD will be scheduling briefing meetings with member of the City Council. (PAPP)
. 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. (PAPP)
. Heritage Tree Ordinance - The proposed Heritage Tree Ordinance has been prepared and
is being reviewed by the City Attorney's office. The ordinance will serve to protect certain
identified tree species and other large diameter trees throughout the City. A public hearing
date has not been set at this time. (PAPP)
. Procedures to Implement CEQA - Staff initiated project to develop local guidelines and
procedure manual for processing CEQA documents, including the adoption of local
exemptions. This is expected to include significance thresholds and procedures forthe City
to contract for the preparation of environmental impact reports. (PAPP)
. Development Code Update - Staff is reviewing the Development Code to identify any
needed corrections or clarifications and to determine if WQMP requirements should be
incorporated into the development standards. (WEST)
. Old Town Specific Plan - Staff is studying the issues related to the massing and scale of
four story buildings and design guidelines that would encourage pedestrian activity on the
streets within Old Town. Staff has entered into contract with Inland Planning & Design who
will assist staff by evaluating how the current standards, guidelines and policies within the
Old Town Specific Plan could influence the urban form of Old Town Temecula. In addition
to evaluating the urban form of Old Town, staff will also be evaluating the parking
requirements and the market conditions within Old Town. (WEST)
. Sustainable Development Program - Staff is attending workshops and meetings, and
developing a work program in order to create a sustainable development program within the
City. (WEST)
. Local Update of Census Address Program (LUCA) - The Local Update of Census Address
Program is the first of several steps in preparation for the 2010 Decennial Census. Staff is
working with Census Program staff to develop a plan forthe City's involvement with the 2010
Decennial Census. (WEST)
. Santa Margarita Area Annexation - The Notice of Preparation (NOP) for a draft EIR was
published April 25, 2007. A scoping session for the preparation of the draft EIR was held on
May 10, 2007 at 6:00 PM in the City Council Chambers. The consultants are currently
preparing the Fiscal Impact Model and draft Environmental Impact Report for the
annexation. (WEST)
Planning Agenda Report
5-1-07 through 5-31-07
1.
Recently Approved
APN#
. PA06-0316 Springhill Suites 921060047 BETSY LOWREY
A Development Plan for a 142 unit, 3 story hotel (Marriott Springhill Suites) located at 28220 Jefferson Avenue on
approximately 3 acres, generally located on the east side of Jefferson approximately 1000 feet north of Rancho
California Road (APN 921060047) (associated with Pre-App PR05-0007).
Submitted Date
1 0/23/2006
Approved Date
5/16/2007
. PA07-0008
WAHOOS CUP FOR SALE OF
ALCOHOL
APN#
921810026
BETSY LOWREY
A Minor Conditional Use Permit to allow for the sale of beer, wine, and distilled spirits (Type 47 - On Sale General -
Eating Place) to an approved restaurant, Wahoo's, a franchised Mexican Food Restaurant, generally located on the
southwest corner of Overland and Margarita Road at 29073 Overland Drive in Margarita Crossings Shopping Center
[APN: 921-810-033]
Submitted Date
1/10/2007
Approved Date
4/26/2007
. PA07-0016
CARRIAGE MOTOR MASTER TUP
APN#
921290010
ERIC JONES
Master Temporary Use Permit for weekend activities to inciude two banners, two jolly jumps, and three canopies at
Carriage Motor Company located on the east side ofYnez at 27420 Ynez.
1/17/2007
Approved Date
5/17/2007
Submitted Date
APN#
. PA07-0022 RTTC Pad K Major Mod PM-26232-1 CHERYL KITZEROW/MATT PETERS
A Major Modification for Pad K in the Rancho Temecula Town Center located at the northeast corner of Winchester
and Nicolas Roads. Pad K was included in the master site plan approval for Rancho Temecula Town Center (PA02-
0364) as 3,500 SF with a drive through, with a COA for Planning Commission review of final building elevations. The
proposed building is a 5,000 SF multi-tenant building with drive-through.
Submitted Date
1/22/2007
Approved Date
5/16/2007
. PA07-0026
Paradise Chevrolet Master TUP
APN#
921290009
ERIC JONES
Master Temporary Use Permit for weekend activities to include four banners, three jolly jumps, one food cart, and
six canopies at Paradise Chevrolet located on the east side of Ynez at 27360 Ynez.
Submitted Date
1/25/2007
Approved Date
5/15/2007
. PA07-0094
GARY'S STRAWBERRY STAND
APN#
959070031
KNUTE NOLAND
A Major Temporary Use Permit for a seasonal strawberry stand located at 31469 Rancho Pueblo Road (APN: 959-
070-031 ).
Submitted Date
Approved Date
10fS
Planning Agenda Report
5-1-07 through 5-31-07
3/26/2007
5/212007
APN#
. PA07-0107 Painted Garden Major TVP 922045018 KATIE LECOMTE
A Major Temporary Use Permit to allow for the Painted Garden to have private parties on the weekends during the
months of May through September, after normal business hours from 6pm-12am. The parties are expected to draw
a crowd of about 50-60 people and local caterers would provide food and beverages wi alcohol as an option
provided by caterers. The painted garden is located at 28659 B Old Town Front Street.
Submitted Date
4/3/2007
Approved Date
5/15/2007
2015
Planning Agenda Report
2.
5-1-07 through 5-31-07
Scheduled for Hearing
APN#
. PA06-0278
DePortola Professional Offices
959050011
DANA SCHUMA
A Development Plan application to construct three medical office buildings totaling 38,501 square feet on 2.76
acres. The project is located on the southwest corner of Margarita Road and De Portola Road (APN 959-050-011).
9/18/2006
DRC Meeting Date
11/2/2006
Planning Commislon
7/18/2007
Submitted Date
. P A06-0338
OLD TOWN PLAZA ONE
APN#
922033009
CHRISTINE DAMKO
A Development Plan for a three story commercial/office building totaling 29,409 square feet on a 12,750 square foot
lot located at the south east corner of Front and 5th Street. (APN: 922-033-009)
Submitted Date
11/7/2006
DRC Meeting Date
12/7/2006
Planning Commision
6/20/2007
APN#
. PA06-0387 KFC Major Modification 921070018 BETSY LOWREY
This Application was originally submitted December 18, 2006 as a Minor Modification Application and resubmitted
and upgrated to a Major Modification on April 1 0, 2007. This is a 360 degree Major Modification to mofify the
Kentucky Fried Chicken structure generally located on the north side of Moreno Street approximately 750 feet east
of Old Town Front Street at 41850 Moreno Street. This structure is located within the Old Town Specific Plan. This
architectural modification proposes to replace the stucco siding with board and batton wood siding and provide an
outdoor eating area with a porch. Trellises are proposed on the back side to disguise existing utility boxes. A raised
parapet, new window framing, cornice and tower eiements are also proposed.
Submitted Date
12/18/2006
DRC Meeting Date
No Hearing Planned
APN#
. PA07-0154 Promenade Mall Major Mod 910130072 CHERYL KITZEROWfMATT PETERS
A Modification application to modify the site plan, parking, and landscaping of the Temecula Promenade Mall
expansion (see PA06-0293).
Submitted Date
5/17/2007
DRC Meeting Date
Planning Commision
6/20/2007
3of5
Planning Agenda Report
PA06-0136
5-1-07 through 5-31-07
New Submittals Pending ORe Meeting
APN#
922036020
KNUTE NOLAND
3.
TEMECVLA JAZZ FESTIVAL
A Major Temporary Use Permit for the Temecula Valley International Jazz Festival that will take place in Old Town
Temecula on July 7, 8 and 9 (APN: 922-033-010).
Submitted Date
5/10/2006
Anticipated DRC Meeting Date
No Hearing Planned
. PA07-0003
TEMECVLA CEMETARY MODVLAR
VNIT
APN#
944020004
KNUTE NOLAND
A Major Temporary Use Permit to install a modular office structure at the Temecula Cemetary located at 41911 C
Street (APN: 944-020-004)
Submitted Date
1/5/2007
Anticipated DRC Meeting Date
Administrators Hearing
3/12/2007
. PA07-0120
BARONS MARKETPLACE
APN#
954030001
BETSY LOWREY
A Minor Conditional Use permit to allow for Type 42 Alcohol for the operation for wine tasting room within Baron's
Marketplace located within the Meadows Plaza (neighborhood commercial zone) at the Southeast Corner of Rancho
California Road and Meadows Parkway.
Submitted Date
4/16/2007
Anticipated DRC Meeting Date
No Hearing Planned
PA07-0139
Creek MiniMart & Cafe ABC 20
APN#
961010034
ERIC JONES
A Minor Conditional Use Permit for an ABC license type 20 for The Creek Minimart and Cafe. The business is
located at 31285 Highway 79 South and has a total of 706 square feet.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
5/4/2007
APN#
. PA07-0145 Casti/lo@Roripaugh 957340047 DANA SCHUMA
A Major Modification application to review the home product placement for six lots created by TIM 32004 within
Planning Area 1 A of the Roripaugh Ranch Specific Plan. (Planning Review Only)
Submitted Date
5/10/2007
Anticipated DRC Meeting Date
No Hearing Planned
APN#
. PA07-0162 Bruegger's Bagels Major TVP PM-26232-1 BETSY LOWREY
A Major Temporary Use Permit for Bruegger's Bageis for a Grand Opening event on June 21, 2007 from 5:00 p.m.
to 8:00 p.m. located in the parking area at 39584 Winchester Road, Suite A-1.
Submitted Date
5/24/2007
Anticipated DRC Meeting Date
No Hearing Planned
. PA07-0172
2007 TEMECVLA JAZZ FESTIVAL
APN#
922036036
KNUTE NOLAND
4of5
Planning Agenda Report
5-1-07 through 5-31-07
A Major Temporary Use Permit for the Temecula Valley International Jazz Festival to the held at various locations in
Old Town Temecula on July 12 -15, 2007 (APN: 922-036-036) (Planning Review Only).
Submitted Date
6/8/2007
Anticipated DRC Meeting Date
Administrators Hearing
7/10/2007
PA07-0174
Salim Auto Sales Minor CVP
APN#
909252009
ERIC JONES
A Minor Conditionai Use Permit to allow auto sales to be conducted at 421 03 Rio Nedo, Suite 102. The suite totals
1080 square feet and Includes an office, warehouse space, and a restroom. All vehicles will be stored in the
warehouse portion of the suite.
Submitted Date
Anticipated DRC Meeting Date
No Hearing Planned
6/11/2007
APN#
PA07-0176 Stage Stop 922023022 DANASCHUMA
A Major Modification to the existing Stage Stop Complex for the addition of a 5,246 square foot, two-story office
building on the existing bus bays, a 3,328 square foot second floor expansion over the existing Wine & Beer
Garden, and associated fiat work improvements to include a new trash enclosure, fire pit, and storage room. The
project is located at 28464 Old Town Front Street. (Related Pre-Application PR06-0022).
6/11/2007
Anticipated DRC Meeting Date
71912007
No Hearing Planne~
Submitted Date
. PA07-0180
FIRST BANK A T RTTC
APN#
PM-26232-1
CHERYL KITZEROWfMATT PETERS
A Major Modification to review the site plan and elevations for a First Bank Building on Pad L at Rancho Temecula
Town Center located on the corner of Nicolas Rd and Winchester Rd (4034 SQ. FT).
Submitted Date
6/13/2007
Anticipated DRC Meeting Date
7/19/2007
No Hearing Planned
5015
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