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HomeMy WebLinkAbout052609 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 26, 2009 - 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. 6:15 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Sections: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the acquisition and sale of one parcel of real property owned by United Commercial Bank consisting of approximately 6.87 acres generally located at the northwest corner of Dartolo Road and Margarita Road (APN 959-080-022) in the City of Temecula. The parties to the negotiations for acquisition and sale of the parcel are: United Commercial Bank, County of Riverside Economic Development Agency, BRIDGE Housing Corporation, Temecula Murrieta Rescue Mission, Redevelopment Agency of the City of Temecula (Bob Johnson, Patrick Richardson, and Luke Watson). Under negotiation are the price and terms of acquisition of the parcel from United Commercial Bank and sale to BRIDGE and Temecula Murrieta Rescue Mission. 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: 09-05 Resolution: 09-43 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Alex Few Invocation: Pastor John W. Wells, Sr. of Mountain View Community Church Flag Salute: Council Member Washington ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards City of Temecula Business/ Industry Recognition Program Countv Assessor Larrv Ward - Presentation on Tax Re-assessment Process 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 Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of May 12, 2009. List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Mayor's Summer Youth Emplovment Proaram RECOMMENDATION: 4.1 Approve the estimated revenues in the Youth Employment Program Fund in the amount of $432,500; 4.2 Appropriate $432,500 in expenditures from the Youth Employment Program Fund for the Mayor's Summer Youth Employment Program; 4.3 Authorize the City Manager, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Summer Work Experience Program, and to administer the City's obligations, responsibilities, and duties to be performed under the Program, including, but not limited to, approval and execution on behalf of the City of the Summer Work Experience Program agreements with the County of Riverside, State of California, or federal government, the Summer Work Experience Program Worksite agreements with employers, and such implementing agreements, certificates and other similar agreements and documents as necessary and convenient for the implementation of the Program. Civic Center Art RECOMMENDATION: 5.1 Approve in its conceptual form, the mosaic mural for the Civic Center depicting the Emigrant Trail; 5.2 Approve the agreement between the City of Temecula and the artist Carole Choucair Oueijan in the amount of $40,000 to design, fabricate, and install the mosaic mural; 5.3 Appropriate $40,000 dollars from the Public Art Fee fund for this project. Purchase and Sale Agreement between the City of Temecula and JHC Acquisitions LLC, for the convevance of 11 affordable housina units located within the Temecula Lane Development RECOMMENDATION 6.1 Adopt a resolution entitled RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND JHC ACQUISITIONS LLC, AN AFFILIATE OF JAMBOREE HOUSING CORPORATION, FOR THE SALE OF 11 UNITS AT THE TEMECULA LANE PROJECT FOR AFFORDABLE HOUSING Award a Construction Contract for the Citvwide Slurrv Seal Proiect FY2008-09. Paloma Del Sol Area & Temeku Hills Area - Project No. PW09-01 RECOMMENDATION: 7.1 Award a construction contract for Project No. PW09-01, Citywide Slurry Seal Project FY2008-09, Paloma Del Sol Area & Temeku Hills Area, to Pavement Coatings Company in the amount of $323,817.17; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $32,381.72 which is equal to 10% of the contract amount. Water System Grant Deed and Water System Construction Agreement with Rancho California Water District for Water Facilities Associated with Pechanaa Parkway Phase II Street Improvements. PW99-11 RECOMMENDATION: 8.1 Approve a Water System Grant Deed with Rancho California Water District (RCWD) thereby transferring all rights, title and interests on specific portions of the water system improvements to be constructed as part of Pechanga Parkway Phase II Street Improvements to the District and authorize the City Manager to execute the Deed; 8.2 Approve a Water System Construction Agreement with Rancho California Water District (RCWD) and authorize the City Manager to execute the Agreement. Execute a Quitclaim Deed whereby the City -grants to Riverside County Flood Control and Water Conservation District (RCFC&WCD) a drainage easement for the Leiah Court Storm Drain (Tract Map No. 23209 - Shea Homes Development) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR LEIGH COURT STORM DRAIN (TRACT MAP NO. 23209) 10 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 23513 (located at Santiago Road and Cresta Verde Court - Gallery Homes) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23513) 11 Substitute Agreements and Bonds for Public Improvements in Tract Nos. 30264-4 and 30264-10 (located within the Wolf Creek Development - Stonebriar) RECOMMENDATION 11.1 Accept substitute Subdivision Improvement Agreements and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map Nos. 30264-4 and 30264-10; 11.2 Authorize the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bonds for Tract Map Nos. 30264-4 and 30264-10; 11.3 Direct the City Clerk to so advise the developer and surety. 12 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 31344 (located at Ynez Road and Rancho Vista Road - Gallery Homes) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 31344) 13 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 34820 (located at Santiago Road and Cresta Verde Court - Gallery Homes) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 34820) 14 Opposition to Proposals by the State of California to Borrow Funds from Local Government and Opposition to the Adoption of any Additional Unfunded Mandates RECOMMENDATION: 14.1 Oppose any action by the State of California to borrow funds from local government but specifically the proposed plan announced on May 5, 2009, to borrow property tax funds; 14.2 Oppose any additional unfunded mandates imposed through legislation by the State of California; 14.3 Direct staff to prepare a letter of opposition to be sent to the Governor and local legislators and coordinate other lobbying actions with the League of California Cities; 14.4 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA 15 Support of AB 715 (Caballero) - Publishing and Posting Requirements RECOMMENDATION: 15.1 Direct staff to prepare a letter of support to be sent to the Governor and local legislators; 15.2 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR ASSEMBLY BILL 715 (CABALLERO), WHICH WOULD ALLOW THE OPTION OF POSTING ORDINANCES ON THE INTERNET INSTEAD OF PUBLISHING IN THE NEWSPAPER 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 for the record. CSD CONSENT CALENDAR 16 Action Minutes RECOMMENDATION: 16.1 Approve the action minutes of May 12, 2009. 17 FY 2008109 4th of July Fireworks Presentation RECOMMENDATION: 17.1 Approve a one year Agreement between the Temecula Community Services District and Pyro Spectaculars, Inc. to provide a fireworks presentation in the amount of $34,500. 18 Community Services Technical Support RECOMMENDATION: 18.1 Approve the Agreement between the Temecula Community Services District and Timmy U Productions in the amount of $55,000 to provide technical support at Citywide special events and programs as needed. 19 Approval of Memorandum of Understanding with De Luz Community Services District detailing the administrative and operational relationships of each Agency with respect to certain parcels common to each District within the Santa Margarita Annexation Area RECOMMENDATION: 19.1 Approve the Memorandum of Understanding (MOU) between the De Luz Community Services District (DLCSD) and the Temecula Community Services District (TCSD) detailing the administrative and operational relationships of each agency with respect to certain parcels common to each district within the Santa Margarita Annexation Area. 20 Seventh Amendment to Midori Gardens, Inc. RECOMMENDATION: 20.1 Approve the Seventh Amendment with Midori Gardens, Inc., for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas in the amount of $841,260 for FY 2009/2010; 20.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $84,126 which is equal to 10% of the Amendment. 21 Seventh Amendment to Excel Landscape, Inc. RECOMMENDATION: 21.1 Approve the Seventh Amendment with Excel Landscape, Inc., to provide continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $1,568,977 for FY 2009/2010; 21.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $156,897.70 which is equal to 10% of the Amendment. CSD DEPARTMENTAL REPORT 22 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING 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 for the record. RDA CONSENT CALENDAR 23 Action Minutes RECOMMENDATION: 23.1 Approve the action minutes of May 12, 2009. 24 Second Amendment to the Exclusive Negotiating Agreement with Pelican Properties LLC RECOMMENDATION: 24.1 Approve the Second Amendment to the Exclusive Negotiating Agreement between Pelican Properties LLC and the Temecula Redevelopment Agency. 25 Purchase and Sale Agreement for the purchase of property located at 28725 Puiol Street (APN 922-062-010) by the Redevelopment Agency of the City of Temecula RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND ANTONIO RAUL MUNIZ AND AIDA MUNIZ FOR THE PURCHASE OF CERTAIN REAL PROPERTY FOR AFFORDABLE HOUSING RDA DEPARTMENTAL REPORT 26 Redevelopment Department Monthlv Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT 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. DEPARTMENTAL REPORTS 27 Planninq Department Monthly Report 28 City Council Travel/Conference Report - April 2009 29 Public Works Department Montle Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, June 9, 2009, at 5:30 P.M., for a Closed Session, with the regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (43200 Business Park Drive, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website - www.citvoftemecula.org Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at City Hall (43200 Business Park Drive, Temecula - 8:00 - 5:00 PM). In addition, such material will be made available on the City's web - www.cityoftemecula.org - and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department - 951-694-6444. 10 PRESENTATIONS CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 12, 2009 - 7:00 PM The City Council meeting convened at 7:00 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Josiah Tolopilo Invocation: Minister Anthony Garrett Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards National Public Works Week Proclamation Wild Fire Awareness Week PUBLIC COMMENTS The following individuals addressed the City Council: • Malea Ortloft, Jim Thomas, and students - Solar Cup • Charles Reiss - proposed City ordinance regarding permits for public assembly • Troy Childs - French Valley Energy Partners Power Plant • Robert Eppers - French Valley Energy Partners Power Plant CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 1 Action Minutes - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of April 28, 2009. List of Demands - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of March 31, 2009 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2009. Professional Services Aareement for Special Tax Administration Services - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve a professional services agreement with NBS for an annual amount not to exceed $59,857.21 for fiscal year 2009-10 for special tax administration for the City's Community Facilities Districts and Assessment District. Edward Byrne Memorial Justice Assistance Grant - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a proposed amount of $119,338. 7 Third Amendment to Contract with Meyer & Associates - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the third amendment to the agreement with Meyer & Associates in the amount of $27,683.50, plus 10% contingency of $2,768. 8 Replace Existing Play Structure and Surfacing at Kent Hintergardt Memorial Park - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the Agreement with Miracle Playground Sales in the amount of $54,995.93 plus a 10% contingency in the amount of $5,499.59 to replace playground equipment and surface at Kent Hintergardt Memorial Park. 9 Regional Priorities for the 2009 Federal Transportation Authorization Bill - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. 9.1 Adopt a resolution entitled: RESOLUTION NO. 09-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) ADOPTION OF REGIONAL PRIORITIES FOR THE 2009 FEDERAL TRANSPORTATION AUTHORIZATION BILL 10 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 23209 (located West of Butterfield Stage Road at La Serena Way - Shea Homes) - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 09-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23209) 11 Approval of the Bid Package and Authorization to Solicit Construction Bids for the Street Striping Program, FY 2009-2010 - Project No. PW09-04 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve the bid package and authorize the Department of Public Works to solicit construction bids for the Street Striping Program, FY 2009-2010 - Project No. PW09-04. 12 First Amendment to a Professional Service Agreement for Geotechnical and Material Testing Services with Geocon Inland Empire, Inc. for the Pechanga Parkway Phase II Street Improvements - Project No. PW99-11 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the First Amendment to the Agreement with Geocon Inland Empire Inc. for geotechnical and materials testing services for the Pechanga Parkway Phase I I Street Improvements Project in an amount not to exceed $61,838.10 - Project No. PW99-11. 13 First Amendment to the Minor Maintenance Services Contract with Monteleone Contractors for the Emergency Replacement of a Failed Storm Drain Pipe under Margarita Road - Project No. PW09-05 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the First Amendment to the Minor Maintenance Services Contract with Monteleone Contractors in an amount not to exceed $123,618.18 for the Emergency Replacement of a Failed Storm Drain Pipe under Margarita Road, just South of Rancho Vista Road - Project No. PW09-05; 13.2 Approve a contingency of $24,723.64, which is 20% of the amendment amount. 14 First Amendment to Agreement between City of Temecula and Cato Geoscience to analyze active aggregate mining operations along the Corona/Temecula 1-15 Corridor for the Santa Margarita Annexation EIR - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve First Amendment to Agreement for consulting services. 15 Minor Amendment to Resolution 08-112, Application to Riverside County LAFCO for the Santa Margarita Area Annexation, Confirming that the Annexation is pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 09-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 08-112, "A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AS THE SANTA MARGARITA AREA ANNEXATION COMPRISED OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT," CONFIRMING THAT THE ANNEXATION IS PURSUANT TO THE CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 At 7:35 p.m., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, and the Temecula Public Financing Authority. At 7:40 p.m. the City Council resumed with regular business. CITY COUNCIL BUSINESS 27 Establishment and Appointment of Subcommittee - Temecula 2030: A Quality of Life Master Plan - Approved Staff Recommendation and appointed Council Members Roberts and Washington to the Subcommittee (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. RECOMMENDATION: 27.1 Establish a Quality of Life/Temecula 2030 Master Plan Subcommittee to interview/hire consultant to facilitate the Quality of Life Master Plan process, establish Blue Ribbon Committee, participate in the Quality of life Master Plan process, review and approve a final Quality of Life Master Plan report prior to City Council review; 27.2 Appoint two (2) Council Members to serve on this Subcommittee. Assistant City Manager Adams reviewed the staff report as per agenda material and further elaborated on the proposed formation process of the Blue Ribbon Committee. CITY MANAGER REPORT CITY ATTORNEY REPORT There was no Closed Session. ADJOURNMENT At 7:53 P.M. the City Council meeting was formally adjourned to Wednesday, May 20, 2009, at 10:00 A.M., for the purpose of a Budget Workshop in the City Council Chambers, 43200 Business Park Drive, Temecula, California. The next regular City Council meeting will be Tuesday, May 26, 2009, at 5:30 P.M., for a Closed Session, with the regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Maryann Edwards, Mayor 6 ITEM NO. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 26, 2009 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- 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. 09- 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 $4,366,946.78. 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 May, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of May, 2009, 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 04/30/2009 TOTAL CHECK RUN 05/07/2009 TOTAL CHECK RUN 04/30/2009 TOTAL PAYROLL RUN: $ 3,660,633.60 229,937.16 476,376.02 TOTAL LIST OF DEMANDS FOR 05/26/2009 COUNCIL MEETING: $ 4,366,946.78 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 2,359,637.25 165 AFFORDABLE HOUSING 83,141.02 190 TEMECULA COMMUNITY SERVICES DISTRICT 252,106.78 192 TCSD SERVICE LEVEL B 116.78 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 12,780.87 194 TCSD SERVICE LEVEL D 1,096.34 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 5,588.61 197 TEMECULA LIBRARY FUND 36,691.52 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,063,265.84 280 REDEVELOPMENT AGENCY - CIP PROJECT 11,896.64 300 INSURANCE FUND 5,297.46 320 INFORMATION SYSTEMS 32,636.26 330 SUPPORT SERVICES 8,296.19 340 FACILITIES 18,019.20 $ 3,890,570.76 001 GENERAL FUND $ 310,155.20 165 AFFORDABLE HOUSING 8,087.42 190 TEMECULA COMMUNITY SERVICES DISTRICT 106,808.88 192 TCSD SERVICE LEVEL B 132.78 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 4,834.30 194 TCSD SERVICE LEVEL D 1,316.09 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,353.33 197 TEMECULA LIBRARY FUND 779.80 280 REDEVELOPMENT AGENCY - CIP PROJECT 2,944.15 300 INSURANCE FUND 1,280.20 320 INFORMATION SYSTEMS 27,019.31 330 SUPPORT SERVICES 2,975.66 340 FACILITIES 8,688.90 476,376.02 TOTAL BY FUND: $ 4,366,946.78 apChkLst Final Check List Page: 1 0413012009 1:49:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1241 04/28/2009 012850 LSI TITLE AGENCY 1st Time Home Buyer:Weido, Tanya 35,053.00 35,053.00 1242 04130/2009 000444 INSTATAX (EDD) Unemployment & Training Tax 1st Qtr 2009 47,469.40 47,469.40 1243 04130/2009 000444 INSTATAX (EDD) State Disability Ins Payment 24,271.72 24,271.72 1244 0413012009 000283 INSTATAX(IRS) Federal Income Taxes Payment 84,727.51 84,727.51 1245 04130/2009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,473.20 2,473.20 SOLUTION 1246 04130/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 125,015.59 125,015.59 RETIREMENT) 131178 04130/2009 003951 ALL AMERICAN ASPHALT Mar Const Svcs: Pechanga Pkwy II 460,751.01 460,751.01 131179 04130/2009 004240 AMERICAN FORENSIC NURSES May Stand By Fee: Police 1,200.00 1,200.00 131180 04130/2009 001947 AMERIGAS propane fuel: Stn 92 239.37 239.37 131181 04130/2009 003203 ARTISTIC EMBROIDERY City Seal Patches:Tem Achvmnt Pgrm 407.81 407.81 131182 04130/2009 012849 BECERRA, WILL Employee Computer Loan Pgrm 432.83 432.83 131183 04130/2009 002377 BEST BUY COMPANY INC Digital Camera/Card/Filter: Fire 719.88 719.88 131184 04130/2009 004040 BIG FOOT GRAPHICS TCSD instructor earnings 616.00 TCSD instructor earnings 553.00 TCSD instructor earnings 148.75 1,317.75 131185 04130/2009 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 583.52 DUI & drug screenings: Police 307.00 890.52 131186 04130/2009 005716 BIRTH CHOICE OF TEMECULA refund:sec dep:rental: rrspt prk 150.00 150.00 INC 131187 04130/2009 010576 BOYS & GIRLS CLUB OF '09 board membership dues: City 100.00 100.00 131188 04130/2009 004176 BROADWING Apr:long distance & internet svc 741.00 741.00 TELECOMMUNICATIONS Page:1 apChkLst Final Check List Page: 2 04130/2009 1:49:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131189 04130/2009 000128 BROWN & BROWN OF CALIF INC CNA Surety Bond:#68712337 Jones 350.00 Workers Comp Feb, Mar, Apr 09 80,261.00 80,611.00 131190 04130/2009 003138 CAL MAT PW patch truck materials 432.39 PW patch truck materials 583.77 PW patch truck materials 324.08 PW patch truck materials 1,294.78 2,635.02 131191 04130/2009 005384 CALIF BAGEL BAKERY& DELI refreshments: CM mtg 3/31 134.69 134.69 131192 04130/2009 004248 CALIF DEPT OF JUSTICE- Mar fingerprinting svcs:PD/HR 4,421.00 4,421.00 ACCTING 131193 04130/2009 000131 CARL WARREN & COMPANY INC Apr Liability Claims Mgmt Svc: Finance 338.69 Mar Liability Claims Mgmt Svc:Finance 3,956.17 4,294.86 131194 04130/2009 004017 COMERCHERO, JEFF Reimb:Ntl Lg Cities Cf Wash, DC 3/13-16 99.27 99.27 131195 04130/2009 008594 COMMUNITY BANK Escrow #1202:AII American Asphalt 51,194.56 51,194.56 131196 04130/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 86.00 86.00 131197 04130/2009 000447 COMTRONIX OF HEMET Radio Repair/Maint: Code Enf 1,453.88 1,453.88 131198 04130/2009 006303 CONDUIT NETWORKS, INC phone headsets: Finance 401.24 phone headset: City Clerk 210.42 611.66 131199 04130/2009 012353 CONSTRUCTION TESTING Mar geotech svcs: Civic Center 10,356.00 10,356.00 131200 04130/2009 010650 CRAFTSMEN PLUMBING & HVAC plumbing repair: Stn 73 140.00 140.00 INC 131201 04130/2009 008810 CROSSTOWN ELECTRICAL & camera repair/maint: PW Traffic 1,594.00 1,594.00 DATA 131202 04130/2009 004123 D L PHARES & ASSOCIATES May lease pmt:PD Old Town store 2,833.09 2,833.09 131203 04130/2009 012600 DAVID EVANS & ASSOCIATES Mar design eng secs: Liefer Rd 2,456.00 2,456.00 INC 131204 04130/2009 012852 DEL ROSARIO, JEANNETTE refund:sec dep:rental:crc 150.00 150.00 Paget apChkLst Final Check List Page: 3 04130/2009 1:49:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131205 04130/2009 008943 DEPT OF GENERAL SERVICES 1st Qtr'09 pymt SB1473 692.00 692.00 (DGS) 131206 04/3012009 003945 DIAMOND ENVIRONMENTAL Portable Restrooms:Teen Dance 4117 703.00 SRVCS Apr portable restrooms:Riverton Pk 55.88 Apr portable restrooms:Lg Cyn Pk 55.88 Apr portable restrooms:Veterans Pk 55.88 Apr portable restrooms:Vail Rch Pk 55.88 Apr portable restroom s: Red hawk Pk 55.88 982.40 131207 04130/2009 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 35.72 35.72 INC 131208 0413012009 001669 DUNN EDWARDS CORPORATION graffiti removal supplies: PW Maint 2,688.11 2,688.11 131209 04130/2009 011202 E M H SPORTS & FITNESS TCSD instructor earnings 630.00 TCSD instructor earnings 280.00 910.00 131210 04130/2009 008704 EDWARDS, MARYANN 1108-3109 Verizon internet svc 348.59 348.59 131211 04130/2009 011203 ENVIRONMENTAL CLEANING Apr Janitorial Svcs:Park Restrooms 5,315.00 5,315.00 131212 04130/2009 012630 ERICKSON-HALL Mar const svcs: TCC Expansion 231,160.96 231,160.96 CONSTRUCTION CO 131213 04130/2009 001056 EXCEL LANDSCAPE landscape svcs:Redhawk medians 6,477.70 6,477.70 131214 04130/2009 000478 FAST SIGNS Signs: Art Show @ Merc 24.78 Signs: Art Show @ Merc 39.23 64.01 131215 04130/2009 000206 FEDEX KINKOS INC misc supplies: Central Svcs 162.62 162.62 131216 04130/2009 011922 FIRST AMERICAN CORELOGIC Mar web database subscr: B&S 78.00 78.00 INC 131217 04130/2009 010493 FOREST CITY COMMERCIAL May lease pmt: PD mall storefront 1,458.33 1,458.33 MGMT 131218 04130/2009 000170 FRANKLIN QUEST COMPANY INC daily planner pages: PW 48.15 48.15 131219 0413012009 011967 FULL VALUE ENTERTAINMENT sttlmnt: Battle of the Bands 4117 346.50 346.50 Page:3 apChkLst 0413012009 1:49:46PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 131220 04130/2009 000173 GENERAL BINDING CORPORATION 131221 0413012009 003792 GRAINGER 131222 04130/2009 007069 GRAY, DARIN 131223 04130/2009 008081 HALL & FOREMAN INC 131224 04130/2009 001135 HEALTH POINTE MEDICAL GROUP INC 131225 04130/2009 003198 HOME DEPOT, THE 131226 04130/2009 011342 I A C ENGINEERING INC. Final Check List CITY OF TEMECULA (Continued) Description binding supplies: Central Svcs storage cabinetlshelf: Stn 84 reimb:EnCase Forensics trng 319-12 Feb eng svc:St Gertrudis Creek Mar cnslt svc:addtl Library parking Feb cnslt svc:addtl Library parking credit:billing adj In# 49-03-501 Mar eng svcs:St Gertrudis Creek credit:billing adj In# 49-03-535 Apr eng svcs:St Gertrudis Creek patient# 722024 medical svc patient# 722024 medical svc patient# 722024 medical svc patient# 724019 medical svc misc supplies: Old Town maint Mar Const:Murr Crk Multi Purp Trail 131227 04130/2009 004406 IGOE & COMPANY INC Apr flex benefit plan pmt 131228 04130/2009 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals: Aquatics INC 131229 04130/2009 009393 J M DIAZ INC Mar eng svcs:Tem Pkwy Striping 131230 04130/2009 011841 JOE RHODES MAINTENANCE Fuel Pump Repair: Stn 92 131231 04130/2009 011622 JOHNSON, ROBERT C Employee Computer Loan Pgrm 131232 04130/2009 012853 JOLLY, CYNTHIA refund:rm rental:crc 131233 04130/2009 008715 KRAMER FIRM INC Apr cnslt svc:Telecomm review 131234 0413012009 011978 LAWLER, JUSTIN photography svc:150th Anniversary Amount Paid 147.45 1,559.05 283.09 22,612.62 96.20 368.02 -3,824.00 22,868.75 -1,066.50 4,374.50 74.75 120.25 72.25 132.40 1,348.50 140,003.13 294.00 965.32 2,770.00 228.63 2,000.00 234.00 4,000.00 540.00 Page: 4 Check Total 147.45 1,559.05 283.09 45,429.59 399.65 1,348.50 140,003.13 294.00 965.32 2,770.00 228.63 2,000.00 234.00 4,000.00 540.00 Page-.4 apChkLst Final Check List Page: 5 04130/2009 1:49:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131235 04130/2009 004412 LEANDER, KERRY D. TCSD instructor earnings 336.00 TCSD instructor earnings 423.50 TCSD instructor earnings 731.50 TCSD instructor earnings 962.50 2,453.50 131236 04130/2009 000482 LEIGHTON CONSULTING INC Mar geotech svcs:Old Town parking 35,483.30 35,483.30 131237 04130/2009 003782 MAIN STREET SIGNS misc street signs: PW Maint 1,098.92 1,098.92 131238 04130/2009 004307 MARINE BIOCHEMISTS Apr wtr quality svc:Hvstn/Dk Pond 4,855.00 4,855.00 131239 04130/2009 009541 MEYER AND ASSOCIATES Feb Design Svcs: Tcc Expansion 7,399.00 7,399.00 131240 04130/2009 007210 MIDORI GARDENS landscape maint: PBSP 427.44 427.44 131241 04/30/2009 012580 MINUTEMAN PRESS Printing Services: Planning Dept 118.05 generic business cards: Police 316.16 434.21 131242 04130/2009 001214 MORNINGSTAR PRODUCTIONS, amplifier rental: Bluegrass festival 75.00 75.00 LLC 131243 04130/2009 004490 MUSCO SPORTS LIGHTING INC web based park light control:TCSD 3,200.00 3,200.00 131244 04130/2009 001986 MUZAK-SOUTHERN CALIFORNIA May Music Broadcast: Old Town 69.11 May On hold music:phone system 101.66 170.77 131245 04130/2009 002925 NAPA AUTO PARTS Auto parts & supplies: stn 84 101.96 101.96 131246 04130/2009 002037 NEXUS INTEGRATION SERVICES Power supply maint:info sys 130.00 130.00 131247 04130/2009 008528 NICHOLS, MELBURG & ROSETTO Feb Dsgn/Eng Srvcs:Civic Center Ph II 1,445.10 Feb Dsgn Srvcs:Old Town Infrastructure 2,623.96 4,069.06 131248 04/3012009 010244 NO LIMITS SILK SCREEN Softball awards:sports pgrm 1,252.50 1,252.50 131249 04130/2009 009337 NOLTE ASSOCIATES INC 2/20-3/19109 design srvcs:ped bridge 608.40 608.40 131250 04130/2009 002139 NORTH COUNTY TIMES Mar advertising:bluegrass Pest 3/09 527.83 Feb-Mar advertising:bluegrass fest/rda 676.00 1,203.83 Pagea apChkLst Final Check List Page: 6 04130/2009 1:49:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131251 04130/2009 002292 OASIS VENDING kitchen supplies/coffee: Maint. Facility 91.32 kitchen supplies/coffee: FOG 91.32 kitchen supplies/coffee: City Hall 471.75 654.39 131252 04130/2009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 80.07 City Vehicle Maint Svcs:PW Maint 329.83 City Vehicle Maint Svcs:PW Maint 155.07 City Vehicle Maint Svcs:PW Maint 29.00 City Vehicle Maint Svcs:PW Maint 75.00 City Vehicle Maint Svcs:PW Land Dev 60.44 City Vehicle Maint Svcs:PW Land Dev 36.57 765.98 131253 04130/2009 008871 ORIGINAL LIFEGUARD INC Lifeguard uniforms:aquatics pgrm 1,202.49 Lifeguard uniforms:aquatics pgrm 730.60 1,933.09 131254 04130/2009 002344 OSVOLD, HEIDA ee computer purchase prgm 1,407.58 1,407.58 131255 04130/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 131256 04130/2009 010590 PETRICKA, TAMMY ee computer purchase prgm 2,000.00 2,000.00 131257 04130/2009 000249 PETTY CASH Petty Cash Reimbursement 176.26 176.26 131258 04130/2009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 378.00 378.00 131259 04130/2009 004627 PUBLIC SAFETY TECHNOLOGIES Repair & maint radar guns:pd 315.00 315.00 INC 131260 04130/2009 000728 RAMSEY BACKFLOW & Backflow testing:monte vista 35.00 PLUMBING Back-flow testing:medowview 35.00 Back-flow testing:ridgeview 70.00 Backflow testi n g:wood crest country 70.00 Backflow testing:rancho highlands 105.00 Backflow testing:winchester creek 70.00 Back-flow testing:vineyards 35.00 Backflow testing:barclay estates 35.00 455.00 131261 04130/2009 000262 RANCHO CALIF WATER DISTRICT Apr:varwater meters:crowne hill 397.05 Apr:01-02-02001-0 Rancho Vista Rd 496.96 Mar:01-02-9801 0-0: FS#84 247.33 Mar: 01 -02-98000-0: FS#84 15.11 Apr:var water meters:tcsd 16,731.42 17,887.87 131262 04130/2009 011663 READY, MARC 1 yr TATEMS support/software:PW 97.00 97.00 Page6 apChkLst Final Check List Page: 7 04130/2009 1:49:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131263 04130/2009 004584 REGENCY LIGHTING Lighting repair & maint:old town 713.05 713.05 131264 04130/2009 002110 RENTAL SERVICE equip rental: PW Maint 18.45 CORPORATION equip rental: PW Maint 10.83 29.28 131265 04130/2009 012148 RICHARDSON TECHNOLOGIES HVAC repair & maint: crc 1,116.00 INC HVAC repair:foc 546.78 1,662.78 131266 04130/2009 010301 RIVERSIDE CO DISTRICT Guardians/Justice Awards 511109 C.W. 25.00 25.00 ATTORNEY 131267 04130/2009 001592 RIVERSIDE CO INFO Mar Radio Rental & Maint:Police/Prk Rngr 1,648.13 1,648.13 TECHNOLOGY 131268 04130/2009 000406 RIVERSIDE CO SHERIFFS DEPT FY 08109 police facility expenses 259,865.80 01129109-02125109:law enforcement 1,299,482.59 FY 08109 law enforcement rate adj. 426,974.57 Mar'09 Booking Fees 1,562.88 1,987,885.84 131269 04130/2009 012854 ROTHSCHILD, AMY refund:To...Mockingbird Bk 19.95 19.95 131270 04130/2009 000815 ROWLEY, CATHY TCSD Instructor Earnings 252.00 252.00 131271 04130/2009 000277 S & S ARTS & CRAFTS INC Misc supplies:parent & me pgrm 145.70 145.70 131272 04130/2009 007345 SAN DIEGO STATE U Performance:Cecilia String Quartet 519 2,000.00 2,000.00 FOUNDATION 131273 04130/2009 009980 SANBORN, GWYN Country @ the Merc 4118109 282.00 282.00 131274 04130/2009 011859 SDCFPOIFPO Pyrotechnic's course:5112 S.D./C.H. 50.00 50.00 131275 04130/2009 008349 SHEA HOMES refund:depositlslope maint:La Serena 75,000.00 75,000.00 131276 04130/2009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt 368.50 368.50 131277 04130/2009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt 328.02 328.02 131278 04130/2009 008529 SHERI FPS CIVIL DIV - CENTRAL Support Pmt 200.00 200.00 Page:? apChkLst Final Check List Page: 8 04130/2009 1:49:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131279 04130/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Pmt 100.00 100.00 131280 04/3012009 009213 SHERRY BERRY MUSIC Jazz @ the Merc 4116109 504.00 504.00 131281 04130/2009 009746 SIGNS BY TOMORROW Mayor's youth smr employment prgm signs 1,116.85 Mayor's youth smr employment prgm sgn 611.40 Tradeshowbanner:planning dept 102.45 1,830.70 131282 04130/2009 004534 SKYTERRA EOC City Satellite Phone Srvcs:Cm/Fire 145.86 145.86 131283 04130/2009 000537 SO CALIF EDISON Apr:2-14-204-1615 Front St Rdio 27.68 Apr:2-02-351-4946 MPSC 929.92 Apr:2-18-937-3152 T.Museum 557.86 Apr:2-29-933-3831 FOC 1,512.82 Apr:2-30-099-3847:29721 ryecrest 74.05 Apr:2-31-282-0665:27407 diaz PED 20.47 Apr:2-31-031-2616:27991 diaz PED 19.02 Apr:2-29-807-1382 Irrig Meter 18.31 Apr:2-29-807-1226 Diaz Rd Irrig 19.55 Apr:2-29-807-1093 Irrig Diaz Rd 20.47 Apr:2-29-657-2787 Winchester Rd 18.31 Apr:2-19-171-8568 Wedding Chpl 59.97 Apr:2-29-224-0173 Fire Stns 1,307.01 Apr:2-28-331-4847 Pauba Rd 114.71 Apr:2-28-904-7706 Overland Trail 157.38 Apr:2-00-397-5059 var mtrs:tcsd 9,701.24 Apr:2-27-371-8494 Offsite Storage 26.43 Apr:2-29-223-8607 Old Twn PED 479.94 Apr:2-31-404-6020:28771 old twn 1,422.63 Apr:2-20-817-9929 Police O.T. Stn 234.56 16,722.33 131284 04130/2009 001212 SO CALIF GAS COMPANY Apr:196-025-0344-3 C. Museum 21.23 Apr:181-383-8881-6 T. Museum 44.05 Apr: 091-024-9300-5 CRC 2,256.65 Apr:026-671-2909-8 Comm Theater 81.70 Apr:101-525-0950-0 TCC 43.47 Apr:021-725-0775-4 MPSC 116.54 Apr:125-244-2108-3 Library 277.24 Apr:133-040-7373-0 Maint Fac 65.48 Apr:095-167-7907-2:FS#84 154.61 3,060.97 131285 04130/2009 002503 SOUTH COAST AIR QUALITY ann'I op fees em erg generator:CRC 293.21 emissions fee em erg generator:CRC 109.00 402.21 Page:B apChkLst Final Check List 04130/2009 1:49:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 131286 04130/2009 000519 SOUTH COUNTY PEST CONTROL Pest control srvcs:Code Enf 4120/09 INC 131287 04130/2009 000293 STADIUM PIZZA INC Refresh m ents: rod run volunteers 3114 131288 04130/2009 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 131289 04130/2009 003599 T Y LIN INTERNATIONAL 2128-413109 Srvcs:W.Bypass Bridge 131290 04130/2009 011897 TAG/AMS INC Drug & alcohol screening: HR DOT Prgm 131291 04130/2009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:childrens museum Misc supplies:skate park Misc supplies:mpsc Misc supplies:pw dept 131292 04130/2009 012265 TEMECULA ACE HARDWARE C/O Facility maint supplies: Fire OATC Facility maint supplies: Fire OATC 131293 04130/2009 000310 TEMECULA CREEK INN INC Htl accommodations:bluegrass 131294 04130/2009 008292 TEMECULA DIESEL AUTO & City veh repair & maint:PW Maint TRUCK City veh repair & maint:PW Maint City veh repair & maint:PW Maint 131295 04130/2009 003677 TEMECULA MOTORSPORTS LLC 2 generators/GEM trailer: Fire 131296 04130/2009 000319 TOMARK SPORTS INC Scoreboard:hockey arena 131297 04130/2009 007433 TOVEY SHULTZ CONSTRUCTION Mar prgs pmt #17: Roripaugh Ranch F.S. INC 131298 04130/2009 012000 TRANSAMERICAN AUTO PART City veh repair & maint:fire prevention CO LLC 131299 04130/2009 012725 TRZOP. NICHELLE TCSD Instructor Earnings 131300 04130/2009 004145 TW TELECOM 131301 04130/2009 010276 TW TELECOM TCSD Instructor Earnings TCSD Instructor Earnings Apr:city phones general usage Apr:high speed internet:MPSC Amount Paid 94.00 220.00 115.50 42,137.10 40.00 40.05 78.13 86.03 685.83 35.14 38.72 1,201.70 621.05 535.21 88.00 2,262.74 1,921.15 3,340.61 717.84 940.80 1,411.20 940.80 5,403.04 44.95 Page: 9 Check Total 94.00 220.00 115.50 42,137.10 40.00 890.04 73.86 1,201.70 1,244.26 2,262.74 1,921.15 3,340.61 717.84 3,292.80 5,403.04 44.95 Page9 apChkLst Final Check List Page: 10 04130/2009 1:49:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131302 04130/2009 004759 TWIN GRAPHICS Veh graphics:temecula police 565.69 565.69 131303 04130/2009 004036 U S FLAG ETIQUETTE U.S. flag advisory:city hall 60.00 60.00 131304 04130/2009 002702 U S POSTAL SERVICE Postage meter deposit 8,756.01 8,756.01 131305 04130/2009 000325 UNITED WAY United Way Charities Payment 36.00 36.00 131306 04130/2009 004261 VERIZON Apr:xxx-2676 general usage 35.04 Apr:xxx-2016 reverse 911 120.33 Apr:xxx-5706 Field OPS Cntr 176.07 Apr:xxx-5696 Sports Complex 35.04 Apr:xxx-3526 fire alarm 105.12 Apr:xxx-5275 PD DSL 41.26 Apr:xxx-2075 general usage 32.94 545.80 131307 04130/2009 012292 VIAMEDIA INC Adversiting:old town holiday event 2,500.00 2,500.00 131308 04130/2009 005025 VOSHALL, JEAN ee computer purchase prgm 736.72 736.72 131309 04130/2009 009928 WASBOTTEN, MICHAEL JEROME Entertainment: Bluegrass Festival 3121 500.00 500.00 131310 04130/2009 001881 WATER SAFETY PRODUCTS INC Lifeguard uniforms:aquatics pgrm 722.79 722.79 131311 04130/2009 000339 WEST PUBLISHING CORP 3/21-4120109 Law Libr.Updates:C.C. 179.45 131312 04130/2009 002109 WHITECAP INDUSTRIES INC Misc maint supplies: PW Maint 182.51 131313 04130/2009 007588 WOLNICK, GLORIA 5 sets 150th anniv. stamps:Econ Dev 60.00 Grand total for UNION BANK OF CALIFORNIA: 179.45 182.51 60.00 3,660,633.60 Page:10 apChkLst Final Check List Page: 11 04/3012009 1:49:46PM CITY OF TEMECULA 142 checks in this report. Grand Total All Checks: 3,660,633.60 Page:11 apChkLst 0510712009 11:16:13AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1247 05/0712009 012861 TICOR TITLE INSURANCE first-time home buyer prgm:Deming, J 40,800.00 40,800.00 COMPANY 131314 0510712009 009604 12MILESOUT.COM Council mtg web video svc: Info Sys 1,000.00 1,000.00 131315 05/07/2009 001700 A PLUS TEACHING MATERIALS recreation supplies:Tiny Tot pgrm 64.97 64.97 131316 05/07/2009 006915 ALLIE'S PARTY EQUIPMENT equip rental:teen dance 4118 225.11 225.11 131317 0510712009 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 535.00 DUI & drug screenings: Police 405.00 940.00 131318 0510712009 001323 ARROWHEAD WATER INC Bottled wtr svcs: City Hall 474.87 Bottled wtr svcs: Maint Facility 199.74 Bottled wtr svcs: Fld Op Ctr 152.60 Bottled wtr svcs: CRC 67.74 Bottled wtr svcs: Library 54.82 Bottled wtr svcs: Theater 27.63 Bottled wtr svcs: Ch Museum 27.63 Bottled wtr svcs: PBSP 24.99 Bottled wtr svcs: CM 16.38 Bottled wtr svcs: TV Museum 8.61 Bottled wtr svcs: Skate Park 8.61 Bottled wtr svcs: TES pool 6.45 Bottled wtr svcs: CHS 4.30 Bottled wtr svcs: TCC -10.23 1,064.14 131319 0510712009 004040 BIG FOOT GRAPHICS graphic art svcs:teen dance 4118 364.00 TCSD instructor earnings 180.00 544.00 131320 05107/2009 012583 BLANCA Y PRICE Apr Landscape Pin Ck Svc:Planning 2,540.00 Billing Adj:Pa08-0281 Paid 4122 960.00 3,500.00 131321 05107/2009 003138 CAL MAT PW patch truck materials 260.79 PW patch truck materials 254.91 PW patch truck materials 222.94 PW patch truck materials 198.79 937.43 131322 05107/2009 001090 CALIF DEPT OF GENERAL App Fee Cert Access Spc:Clements, B 500.00 500.00 SERVICES 131323 05107/2009 010939 CALIF DEPT OF INDUSTRIAL CertlCompliance: CRC Waterslide 250.00 250.00 131324 05107/2009 000152 CALIF PARKS & RECREATION 09110 CPRS mb:019942 HP 450.00 SOC 09110 CPRS mb:004842 CM 135.00 585.00 Page:1 apChkLst Final Check List Page: 2 05/0712009 11:16:1 3AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131325 05107/2009 004971 CANON FINANCIAL SERVICES, May copier lease: Stn 84 182.55 182.55 INC 131326 0510712009 000137 CHEVRON AND TEXACO City vehicles fuel: CM 243.00 243.00 131327 0510712009 004609 CINTAS DOCUMENT Apr doc shred svcs:PD Old Town 32.50 32.50 MANAGEMENT 131328 05107/2009 006303 CONDUIT NETWORKS, INC Dell & Zebra batteries: Info Sys 595.00 595.00 131329 0510712009 003986 COZAD & FOX INC Mar eng svcs:St Margarita Annex 1,440.00 1,440.00 131330 05107/2009 003272 DAISY WHEEL RIBBON plotter supplies: Info Sys 1,024.34 1,024.34 COMPANY INC 131331 05107/2009 001393 DATA TICKET INC Mar parking citation svcs: Police 3,096.51 3,096.51 131332 05107/2009 012585 DATASPAN INC power generator/install: Library 21,758.96 21,758.96 131333 0510712009 009117 DAUER, JULIE ee computer purchase prgm 1,855.75 1,855.75 131334 0510712009 012600 DAVID EEANS & ASSOCIATES Mar eng svcs: Nicolas Valley 12,387.15 12,387.15 INC 131335 0510712009 005774 DEANS WHOLESALE FLOWERS supplies:MPSC Mother's Day Tea 60.00 60.00 131336 0510712009 003945 DIAMOND ENVIRONMENTAL pump grease interceptor: TCC 282.90 SRVCS pump grease interceptor: mpsc 282.90 pump grease interceptor: crc 184.50 750.30 131337 05107/2009 012792 DKS ASSOCIATES Apr cnslt svcs: Nicolas Valley 3,504.00 3,504.00 131338 0510712009 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings 266.00 AILEEN TCSD Instructor Earnings 196.00 TCSD Instructor Earnings 196.00 TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 126.00 TCSD Instructor Earnings 28.00 980.00 Paget apChkLst Final Check List Page: 3 05/0712009 11:16:1 3AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131339 05107/2009 001056 EXCEL LANDSCAPE irrigation repairs: Vail Ranch Pkwy 292.42 irrigation repairs: Villages 221.56 irrigation repairs: Ynez medians 218.26 irrigation repairs: Ridgeview 174.45 backflow repair: Theater 102.81 1,009.50 131340 05/0712009 000165 FEDERAL EXPRESS INC 3131-4121 express mail svc:Citywide 558.79 3120-412 express mail svc:Citywide 288.90 847.69 131341 0510712009 011967 FULL VALUE ENTERTAINMENT sttlmnt: My Last Revelation CD 640.50 640.50 131342 0510712009 000172 G A S B 09110 GASB subsc:Roberts, Genie 195.00 195.00 131343 05107/2009 010326 G E MOBILE WATER, INC Apr maint osmosis washer:Stn 73 55.00 Apr rent osmosis washer:Stn 73 25.86 80.86 131344 05107/2009 001937 GALLS INC Uniform Patches: Police Volunteers 4.90 4.90 131345 05107/2009 009608 GOLDEN VALLEY MUSIC sttlmnt: Classics at the Merc 4109 675.50 675.50 SOCIETY 131346 0510712009 012857 HARVESTERS GROUP, THE 08109 Community Svc Grant 1,000.00 1,000.00 131347 05/0712009 003198 HOME DEPOT, THE misc supplies: Theater 177.40 177.40 131348 0510712009 012802 HOWZE, DON TCSD Instructor Earnings 240.00 240.00 131349 0510712009 010766 INLAND VALLEY SYMPHONY sttlmnt: IV Youth Symphony 4127 457.93 457.93 131350 05107/2009 006914 INNOVATIVE DOCUMENT Mar copier repair/usage: Citywide 2,377.92 SOLUTIONS Mar copier maintlusage: Library 633.33 3,011.25 131351 05107/2009 004119 J T B SUPPLY COMPANY INC equip:flashing beacons PW Maint 17,671.88 17,671.88 131352 0510712009 002575 JONES, SUSAN W. Employee Computer Loan Pgrm 1,097.21 1,097.21 131353 0510712009 011022 LATITUDE GEOGRAPHICS 09110 software maint: Geocortex 1,450.00 1,450.00 GROUP LTD 131354 0510712009 003726 LIFE ASSIST INC Medical Supplies: Paramedics 698.09 698.09 Page:3 apChkLst Final Check List Page: 4 05/0712009 11:16:1 3AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131355 05107/2009 004087 LOWES INC Dishwasher: Stn 73 572.93 572.93 131356 0510712009 000220 MAURICE PRINTERS INC printing svc:High Country magazine 3,697.50 3,697.50 131357 0510712009 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 673.75 TCSD Instructor Earnings 490.00 TCSD Instructor Earnings 336.00 1,499.75 131358 05107/2009 006571 MELODY'S AD WORKS INC. May retainer: Old Town Events 4,000.00 4,000.00 131359 0510712009 004002 MILNER SIGNS graphics for CERT trailer: TCC 2,324.78 2,324.78 131360 0510712009 012580 MINUTEMAN PRESS printing services: planning dept 45.37 business cards: Bahr, Lisa 45.37 business cards: Crummel, Jennifer 45.37 136.11 131361 05107/2009 009835 MIRACLE PLAYGROUND SALES facility maint: Veterans Park 237.50 237.50 INC 131362 05107/2009 001892 MOBILE MODULAR 4116-5115 modular lease: The Pantry 1,042.91 9118-10117 modular lease: The Pantry 1,033.33 3117-4115 modular lease: The Pantry 1,033.32 2115-3116 modular lease: The Pantry 1,033.32 1116-2114 modular lease: The Pantry 1,033.32 12117-1115 modular lease: The Pantry 1,033.32 11/17-12116 modular lease: The Pantry 1,033.32 10/18-11116 modular lease: The Pantry 1,033.32 8,276.16 131363 05107/2009 000883 MONTELEONE EXCAVATING sand & silt removal:Ynez Rd/Empire 7,428.00 7,428.00 131364 05107/2009 007096 MUSICIANS WORKSHOP Sponsorship:'09 Jazz Festival 6,096.00 6,096.00 131365 0510712009 000727 NATIONAL FIRE PROTECTION Publications: Fire Prevention 1,208.50 1,208.50 ASSN 131366 0510712009 002139 NORTH COUNTY TIMES Mar newspaper subscr:m psc 18.20 18.20 131367 0510712009 009570 O C B REPROGRAPHICS Apr Dup Blueprints: Pvm nt Rhb1O.T.lnfrstr 372.03 372.03 131368 05/07/2009 007979 OCE NORTH AMERICA INC 91110&3124109 map room copier mntc 1,121.50 1,121.50 Page-.4 apChkLst Final Check List Page: 5 05/0712009 11:16:1 3AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131369 05107/2009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 808.83 City Vehicle Maint Svcs:TCSD 283.03 City Vehicle Maint Svcs:B&S Dept 87.50 City Vehicle Maint Svcs:TCSD 36.57 City Vehicle Maint Svcs:B&S Dept 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:C.M. 36.27 City Vehicle Maint Svcs:C.M. 28.41 1,389.42 131370 0510712009 001171 ORIENTAL TRADING COMPANY Misc rec supplies:children's museum 36.93 36.93 INC 131371 0510712009 012782 PETCH, SUSAN K. TCSD Instructor Earnings 240.00 240.00 131372 0510712009 000249 PETTY CASH Petty Cash Reimbursement 429.14 429.14 131373 0510712009 010338 POOL & ELECTRICAL PRODUCTS Pool chemicals:csd maint 101.81 101.81 INC 131374 05/07/2009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 94.50 94.50 131375 05107/2009 004029 R J M DESIGN GROUP INC Mar dsgn:redhawk parks improvment 5,532.44 5,532.44 131376 0510712009 000262 RANCHO CALIF WATER DISTRICT Apr:varwater meters:tcsd 1,177.10 1,177.10 131377 0510712009 004584 REGENCY LIGHTING Misc electrical supplies:theater 81.56 electrical supplies: foc 40.24 121.80 131378 0510712009 003591 RENES COMMERCIAL Weed control: citywide 9,750.00 9,750.00 MANAGEMENT 131379 0510712009 012148 RICHARDSON TECHNOLOGIES HVAC repair & maint:library 934.00 934.00 INC 131380 0510712009 000418 RIVERSIDE CO CLERK & ntc of exemption filing fee:09110 TUMF 64.00 64.00 RECORDER 131381 0510712009 000411 RIVERSIDE CO FLOOD CONTROL Feb encroachment permit fees:Murr.Crk 14.79 14.79 131382 0510712009 009980 SANBORN, GWYN Country @ the Merc 4125109 276.00 276.00 131383 05107/2009 009213 SHERRY BERRY MUSIC Jazz @ the Merc 4123109 441.00 441.00 Pagea apChkLst Final Check List Page: 6 05/0712009 11:16:1 3AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131384 05107/2009 000645 SMART & FINAL INC Misc. supplies:Mayor's smr youth job 188.70 188.70 131385 0510712009 000537 SO CALIF EDISON Apr:2-28-629-0507 Library 7,170.58 Apr:2-00-397-5042 City Hall 5,327.13 Apr:2-00-397-5067 var mtrs:tcsd 1,598.31 Apr:2-02-502-8077 Maint Fac 1,318.86 Apr:2-28-171-2620 Police Mall Stn 1,157.56 Apr:2-29-295-3510 Wolf VIly 857.31 Apr:2-30-220-8749:45850 n wolf crk 461.68 Apr:2-25-393-4681 TES Pool 382.41 Apr:2-30-520-4414:32781 tem pkwy 194.20 Apr:2-29-458-7548 Wolf Crk FED 94.48 Apr:2-21-981-4720 Hwy 79S 33.18 Apr:2-29-953-8082 Wolf Valley 24.28 Apr:2-29-953-8249 Wolf Crk FED 20.32 Apr:2-29-953-8447 Wlf Vly Rd FED 19.77 Apr:2-29-657-2332 Redwood FED 18.76 Apr2-31-419-2873:43000 hwy 395 18.31 18,697.14 131386 0510712009 001212 SO CALIF GAS COMPANY Apr: 101-525-1560-6: FS#73 130.13 Apr: 129 582 9784 3 FOC 86.92 Apr:091-085-1632-OT.E.S. Pool 13.81 230.86 131387 0510712009 000519 SOUTH COUNTY PEST CONTROL Pest control srvcs:pbsp 84.00 84.00 INC 131388 05/07/2009 012652 SOUTHERN CALIFORNIA May:gen phone usage:police mall stn 36.51 36.51 131389 0510712009 005786 SPRINT Mar 26-Apr 25 cellular usage/equip 5,053.51 5,053.51 131390 0510712009 003840 STRONGS PAINTING Painting srvcs:wedding chapel 1,500.00 1,500.00 131391 05107/2009 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 240.00 240.00 131392 05107/2009 011667 T & T JANITORIAL INC Apr janitorial srvcs:city facilities 7,301.76 Apr cleaning srvcs:police o.t.storefront 790.00 8,091.76 131393 0510712009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:csd teen room 25.80 25.80 131394 05107/2009 012265 TEMECULA ACE HARDWARE C/O Misc Supplies:Parks 14.66 14.66 131395 05107/2009 000168 TEMECULA FLOWER CORRAL Sunshine fund 126.04 126.04 Page6 apChkLst 05/0712009 11:16:13AM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131396 05107/2009 010848 TEMECULA PLANTSCAPE billing adj./Mar-Apr plantscape 400.00 400.00 131397 0510712009 011736 TEMECULA TROPHY INC Proclamation cert holders:city clerk 1,022.25 Recognition awards:youth arts 962.44 Recognition award:P. Ruse 90.05 nameplates:PW G.Butler/D.York 17.40 2,092.14 131398 0510712009 000515 TEMECULA VALLEY CHAMBER Council community service funding prgm 2,000.00 2,000.00 OF 131399 05107/2009 009194 TEMECULA VALLEY NEWS Apr advertising:theater events 429.60 429.60 131400 0510712009 005970 TEMECULA VALLEY PLAYERS Teahouse of the August Moon Apr'09 417.48 417.48 131401 0510712009 012797 TIME WARNER CABLE refund:duplicate payment/inv#5115 39.00 39.00 131402 05107/2009 004308 TOWNE & COUNTRY AUTO & Auto towing srvcs:temecula police 75.00 75.00 TOWING 131403 05107/2009 012791 TWISS, SARA E. TCSD Instructor Earnings 240.00 240.00 131404 05107/2009 012625 UNIV. OF CALIFORNIA - '09 Arbor Day @ CRC 4125109 300.00 300.00 REGENTS 131405 05107/2009 012549 UPODIUM City vehicle maint supplies: stn 84 72.59 72.59 131406 0510712009 012781 VALLEY JUNIOR GOLF ASSN TCSD Instructor Earnings 240.00 240.00 (VJGA) 131407 0510712009 004261 VERIZON Apr/May:xxx-9897 gen usage 87.93 Apr/May:xxx-1999 gen usage 40.31 Apr/May:xxx-0049 gen usage 35.04 163.28 131408 05/07/2009 001342 WAXIE SANITARY SUPPLY INC Misc custodial supplies:library/foc/o.t. 529.38 529.38 131409 05107/2009 003730 WEST COAST ARBORISTS INC Tree trimming srvcs:nicolas park 2,500.00 2,500.00 131410 05107/2009 012790 WOODS, TIMOTHY S. TCSD Instructor Earnings 240.00 TCSD Instructor Earnings 180.00 420.00 131411 0510712009 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 99.40 99.40 131412 0510712009 012568 ZEBRA TECHNOLOGIES CORP Equip Repair:PoliceTraffic Div 460.00 460.00 Page:? apChkLst Final Check List Page: 8 05/0712009 11:16:13AM CITY OF TEMECULA Grand total for UNION BANK OF CALIFORNIA: 229,937.16 Page:B apChkLst Final Check List Page: 9 05/0712009 11:16:13AM CITY OF TEMECULA 100 checks in this report. Grand Total All Checks: 229,937.16 Page9 ITEM NO. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman Parker, Director of Community Services DATE: May 26, 2009 SUBJECT: Mayor's Summer Youth Employment Program PREPARED BY: Julie Pelletier, Recreation Superintendent Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council: Approve the estimated revenues in the Youth Employment Program Fund in the amount of $432,500. 2. Appropriate $432,500 in expenditures from the Youth Employment Program Fund for the Mayor's Summer Youth Employment Program. 3. Authorize the City Manager, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Summer Work Experience Program, and to administer the City's obligations, responsibilities and duties to be performed under the Program, including, but not limited to, approval and execution on behalf of the City of the Summer Work Experience Program agreements with the County of Riverside, State of California or federal government, the Summer Work Experience Program Worksite agreements with employers, and such implementing agreements, certificates and other similar agreements and documents as necessary and convenient for the implementation of the Program. BACKGROUND: The TCSD Board of Directors approved the City's Youth Master Plan in February 2008. One of the strategies identified in the master plan is creating partnerships to offer additional job skills training and job opportunities to youth. During the development of this strategic master plan, Councilmember Naggar proposed the concept of a Youth Employment Program. Staff has been working to implement the Mayor's Summer Youth Employment Program to begin this year. The goal of this program is to place youth between the ages of 14 and 24 with local employers during the upcoming summer months. During the development of the program, the City became aware of a potential grant opportunity through the Riverside County Economic Development Agency (EDA) and staff submitted an application. On May 5, 2009, the Riverside County Board of Supervisors approved the American Recovery and Reinvestment Act of 2009 for the 2009 Summer Work Experience Program. This grant funding totaling $412,500 will enable approximately 165 local youth the ability to have paid work experience in the summer months while learning valuable work related skills. Third District County Supervisor Stone's office has committed $20,000 in the form of a Community Improvement Designation grant. The Mayor's Summer Youth Employment Program will provide local businesses the opportunity to partner with the City in order to provide summer job opportunities for our youth. Several employers have committed to provide employment for youth including: TJ Maxx, Kohl's, YMCA, Boys and Girls Club, Temecula Valley Unified School District, Temeku Theaters, Edwards Temecula Theater and Bed and Body Works, just to name a few. This program will be instrumental in helping implement one of the strategies of the Temecula's Youth Master Plan. FISCAL IMPACT: Expenditures from the Youth Employment Fund total $432,500. The City will receive grant funding of $412,500 from the American Recovery and Reinvestment Act of 2009 and $20,000 from the County Third District totaling $432,000. ATTACHMENTS: County of Riverside Workforce Development Letter Program Budget May 2, 2009...,....: Charles Walker, Human Services Manager City of Temecula 43200 Business Park Drive - Temecula, CA 92591 Dear Mr. Walker: Congratulations! On May 5, 2009, the Riverside County Board of Supervisors (BOS) approved "American Recovery and Reinvestment Act of 2009" (ARRA) for the 2009 Summer Work Experience Program (SWEP) in the amount of $375,000 to serve 150 participants. The BOS also approved the Riverside County Economic Development Agency to negotiate agreements within 10% of this amount. The 2009 SWEP will be geared toward in and out of school youth and provide valuable work readiness skills in combination with meaningful paid work experience during the summer months. Each participant will work a minimum of 120 hours and a maximum of 240 hours with public, non- profit, and for profit organizations in the community and all participants must obtain work readiness skills. Your scheduled negotiation meeting is set for May 14, 2009, at 10 a.m., located at the Workforce Development Center, 1151 Spruce Street, Riverside, CA, 92507. In order to help facilitate the contract negotiation process, please have the following ready for submission: • Revised program budgets if the amount awarded is different than the amount requested • A revised participant enrollment plan broken out by In-School and Out-of-School • Copies of current workers compensation & insurance certifications • An updated list of prospective and secured worksites • If you are hiring new staff, a hiring schedule • If you proposed to utilize your own participant assessment/interest tool, please provide copy for review and approval. If you did not, EDA has one that you can utilize. EDA staff will be in contact with you to schedule eligibility and technical assistance dates in the coming days. Summer is approaching fast so we will need to wrap up final paperwork so that programs can start being implemented. The WDB, Council for Youth Development (CYD) and Riverside County Economic Development Agency (EDA) staff look forward to supporting your program and establishing a successful partnership with your organization. We will strive as a team to meet program goals of work readiness training and summer work experience to the youth of Riverside County. As we work to achieve, please feel free to contact your Program Liaison or myself if there are any questions and/or concerns. Sincerely, Loren Sims Operations Manager LS/LAMA Providing business with t6eirgreatest resource... WDC Partners: Culinary Academy Economic Development AgencyEin ploymant Development Departm ent•Department of Veteran's Services Department of Rehabilitation-Dynamic Educational Systems, Inc.-Hacienda La Puente Adult EducatiomDPSS/GAIN•Riverside Unified School District-Riverside Community College District-Comm unity Connection-Southern California Indian Center e ' • 1 • • • 11 • ° • s MEN TEMECULA COMMUNITY SERVICES SUMMER YOUTH EMPLOYMENT PROGRAM 999 5119 PART-TIME (PROJECT) 15 City Participants @ $2,133 138 Community Employer Reimbursement @ $2,180 3 Admin Support Staff $14.32 per hr+13% $1.86 = $16.18 x 640 hrs Management Assistant III $24.82 per hr + 13% $3.22 = $28.04 x 640 hrs 999 5220 OFFICE SUPPLIES 999 5222 PRINTING 999 5230 POSTAGE & PACKAGING 999 5239 EQUIPMENT LEASE 999 5250 OTHER OUTSIDE SERVICES Payroll Services Background Checks 125 @ $75 Each 999 5254 ADVERTISING 999 5262 MILEAGE Site Visit Routes x 9 Federal Grant Total 999 5243 UNIFORMS 999 5250 OTHER OUTSIDE SERVICES Workshop Skills Instructors RTA Bus Passes 75 participants @ $32.00 Van Rental (Site Visits) 999 5260 PROFESSIONAL MEETINGS 999 5261 STAFF TRAINING/EDUCATION 999 5313 AWARDS/RECOGNITION County Contribution TOTAL PROGRAM BUDGET 10,000 9,375 3,000 2,400 3,000 FY2009-2010 31,995 300,840 31,066 17,946 2,000 1,500 1,000 1,808 19,375 2,000 2,970 412,500 4,000 8,400 1,600 3,000 3,000 20,000 432,500 5/21/200911:57 AM 1 ITEM NO. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: May 26, 2009 SUBJECT: Civic Center Art PREPARED BY: Martin Betz, Cultural Arts Administrator RECOMMENDATION: That the City Council: 1) Approve in its conceptual form, the mosaic mural for the civic center depicting the Emigrant Trail. 2) Approve the agreement between the City of Temecula and the artist Carole Choucair Oueijan in the amount of $40,000 dollars to design fabricate, and install the mosaic mural. 3) Appropriate $40,000 dollars from the Public Art Fee fund for this project. BACKGROUND: In October of 2008, a call went out to Mosaic artists to develop a mosaic mural concept based on the history of the Emigrant Trail, which is proposed to be installed in the new Civic Center. In January of 2009, a committee of staff, local historians and artisans met to review proposals by five artists. Artist Carole Choucair Oueijan was chosen as the finalist. Carole Choucair Queijan is an accomplished mosaic artist who has studied mosaic art at universities in both Greece and Lebanon. She will be fabricating a seven foot high by ten foot wide mosaic mural located in the colonnade leading from the parking garage area to the main entrance to City Hall. The mosaic mural will depict a scene of the emigrants passing through Temecula with a view of the valley and its mountains in the background. The scene will have historically correct renditions of covered wagons and immigrants walking alongside the wagons with various domesticated farm animals in tow. The frame will have a dark color (most likely burgundy or wine colors) with the use of gold Smalti tiles to enhance the historical figures, the carriage that ended the period of the Emigrant Trail, and the tools that they used. The mosaic will be smooth to the touch with no sharp edges as children and people might touch it. The suggested materials to fabricate the mosaic are Smalti tiles representing The Gold Rush Era, and Temecula granite as a reminder of the historic Granite Quarries. Italian and Mexican Smalti and Venetian iridescent tile will be used to render the mural image. FISCAL IMPACT: The cost to design, fabricate and install the mosaic mural art piece is $40,000. These funds are available in our Public Art Fee Fund. ATTACHMENTS: Proposal and cost estimate AGREEMENT BETWEEN THE CITY OF TEMECULA AND CAROLE CHOUCAIR OUEIJAN FOR THE CREATION, SALE AND ASSIGNMENT OF ALL RIGHTS IN ARTWORK COMMISSIONED FOR THE TEMECULA CIVIC CENTER THIS AGREEMENTFOR CREATION AND SALE AND ASSIGNMENT OF ALL RIGHTS IN ARTISTIC ARTWORK (the "Agreement") is made and entered into as of this 26th of May, 2009, by and between Carole Choucair Oueijan, an individual ("Artist") and the City of Temecula RECITALS A. The City of Temecula ("City") is in the process of constructing the new City of Temecula Civic Center. B. The City desires to commission Artist to create a work of art consisting of a mosaic mural entitled "The Emigrant Trail" ("Artwork") for the new Civic Center. C. Artist represents that she is fully qualified to perform such professional services by virtue of her experience, training, education and expertise. Artist further represents that she is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations, covenants and conditions hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. Compensation. City agrees to pay Artist a total amount of Forty Thousand dollars ($40,000.00) for the Artwork described in the Scope of Services as provided in Exhibit A, attached hereto and incorporated herein as though set forth in full, 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 as though set forth in full. Upon payment, Artist will sign a written acknowledgment of receipt of said monies and such document shall be incorporated in this Agreement. Section 2. Artist's Services. A. Scope of Services. Subject to the terms and conditions set forth in this Agreement, Artist shall perform the services identified and produce the Artwork required in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services as provided in Exhibit A, 1- attached hereto and incorporated herein as though set forth in full,. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B. Time for Performance. Artist agrees to commence creation of the Artwork prior to June 1, 2009 and shall complete the Artwork no later than June 31, 2010, unless extended by the Director of Community Services. Installation is anticipated to occur in the summer of 2010. Exact installation dates will be scheduled with the artist by the Construction Manager. C. Standard of Performance. Artist shall perform all services in the Scope of Services required under this Agreement to the highest professional standards and in a manner reasonably satisfactory to City. Artist shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. Section 3. Transfer of Rights of Reproduction. Artist hereby transfers all rights of reproduction, as that term is defined in California Civil Code Section 982, in the Artwork, including but not limited to the right to claim statutory copyright in the Artwork and the right to reproduce the Artwork in any manner whatsoever for commercial and non-commercial purposes to City. Hereinafter, Artist shall not acquire or claim any rights in or to the Artwork, any uses, reproductions or derivatives thereof or any proceeds therefrom. Section 4. Transfer of Certain Artistic Rights. As part of the payment for the design, creation, fabrication and installation of the Artwork, Artist hereby conveys to City the Artwork as well as the design, concept, and images of the Artwork, and further conveys any and all other rights and interests Artist may have in the Artwork. Artist acknowledges and agrees that Artist has no further rights in the design, concept and images of the Artwork except as may be granted in writing by City by a separate written document. Artist hereby authorizes City to use the Artwork for any purposes, and further consents to and agrees that City shall have the right to relocate the Artwork, without further notice to or consent of the Artist. Artist also hereby consents to and authorizes the destruction of any of the Artwork which, in the sole opinion of the City Manager, has become damaged by any cause, without further notice to or consent of the Artist. Artist hereby waives his or her rights in the Artwork under California Civil Code Sections 438.2 et seq., 980 et seq., and 17 U.S.C. §101 et seq. Section 5. Waiver of Moral Rights. Artist hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against City, its officers, employees, agents, successors and assigns arising under the federal Visual Artists Rights Act (17 U.S.C. 106A and 113(d)}, the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. section 106A, California Civil -2- Code section 987 et seq., or any other type of moral right protecting the integrity of a work of art. Artist acknowledges and agrees that City, in it sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change or destroy the Artwork. City agrees that prior to any proposed destruction of the Artwork, Artist shall be provided with a reasonable opportunity to reclaim possession of the Artwork. Section 6. Copyrights. Artist hereby irrevocably assigns exclusively to City, and its successors and assigns, all right, title and interest in the copyright in the Artwork, and all extensions and renewals thereof in the United States and in all foreign countries. Artist hereby waives all moral rights relating to the Artwork including, but not limited to, any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications. From time to time upon the request of City, Artist shall confirm such assignment by execution and delivery of such assignments, confirmations of assignment, or other written instruments as City may request. City, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for each such Artwork. Section 7. City's Sole and Exclusive Ownership Rights. The Artist shall not retain ownership of or any right, title or interest in any of the Artwork, including, but not limited to, any related trademarks, copyrights, or other proprietary rights. The parties agree that the Artwork and all such rights, title and interest in or to the Artwork belong to and are being sold and assigned in its entirety to City for whatever use it desires, and that City does and shall at all times own, solely and exclusively, complete and unencumbered, all right, title and interest in and to all of the Artwork worldwide, any modifications thereto and any derivative Artwork based thereon (including, but not limited to, all patent, copyright, trademark, service mark and trade secret rights). Nothing contained herein shall be deemed to constitute a mere license or franchise in City. The parties further agree that City will be free to use, modify, distribute, sell, license or otherwise exploit all such Artwork and any modifications to or derivative Artwork based thereon without any restrictions or limitations or any obligations or payments to Artist and that Artist shall have no such rights. Section 8. Originality of Artwork. Artist represents and warrants that (i) the Artwork is and will be original; (ii) at the time of transfer hereunder, Artist is the sole owner of the Artwork and of all rights therein including copyright, trademark and other proprietary rights therein; (iii) Artist is and will be the sole creator of the Artwork; (iv) Artist has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein;(v) Artist is not under any obligation to transfer or sell the Artwork to any third party; (vi) the Artwork has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark or other proprietary rights therein; and (vii) the Artwork does not and will not infringe any patent, copyright, trademark or other proprietary rights, privacy rights or -3- other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such infringement been threatened or asserted, nor is such a claim pending, against Artist (or, insofar as Artist is aware, against any entity from which Artist has obtained any rights). Section 9. Maintenance and Warranty of Artwork. A. Artist shall provide City with a description of a recommended routine maintenance program for the Artwork. B. Artist hereby warrants that the Artwork will be free of defects in workmanship (due to faulty design or fabrication), materials and finish, including inherent vice, and that the Artist will, at the Artist's own expense, remedy, repair or replace any such defects in workmanship, materials and finish, including inherent vice, and if necessary, replace the Artwork, which appear within a period of twenty (20) years of the date the Artwork is completed. "Inherent Vice" shall mean a quality within the material or materials which comprise the Artwork which, either alone or in combination, results in the tendency of the Artwork, including without limitation the finish, to deteriorate. Section 10. Risk of Loss. Artist bears the sole risk of damage to or loss of all Artwork to be produced by Artist pursuant to this Agreement until such Artwork are delivered to City and City accepts such Artwork as satisfactorily completed pursuant to Exhibit A. Section 11. Indemnification. A. To the full extent permitted by law, Artist shall indemnify, hold harmless and defend City, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of Artist or any of his volunteers or any other person or entity involved by, for, with or on behalf of Artiest in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice. The parties understand and agree that the duty of Artist to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. B. Artist, on behalf of himself and his heirs, executors, administrators and assigns, hereby releases, discharges and agrees not to sue the City of Temecula, its agents, officers, servants and employees, for any injury, death or damage to or loss of personal property arising out of, or in connection -4- with Artist's performance of services pursuant to this Agreement, from whatever cause, including the active or passive negligence of the City of Temecula. C. Artist's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. Artist expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. D. City does not, and shall not, waive any rights that it may possess against Artist because of the acceptance by City, or the deposit with City, of any insurance policy or certificate. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Artist agrees that Artist's covenant under this Section shall survive the termination of this Agreement. E. Artist agrees to pay all required taxes on amounts paid to Artist under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Artist shall fully comply with the workers' compensation laws applicable to Artist and/or Artist's volunteers. Artist further agrees to indemnify and hold City harmless from any failure of Artist to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Artist under this Agreement any amount due to City from Artist as a result of Artist's failure to promptly pay to City any reimbursement or indemnification arising under this Section. Section 12. Notices. Any notice, demand or document which any party is required or may desire to give or deliver to the other hereunder, shall be in writing and may be delivered personally or given by United States mail, certified, return receipt requested, postage prepaid, addressed as follows: To Artist: Carole Choucair Oueijan 2751 Lempa, Drive Hacienda Heights, CA 91745 To City: CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Attention: Director of Community Services Either party shall have the right to designate a different address by written notice similarly given. Any notice, demand or documents to be given, delivered or made by United States mail shall be deemed to have been given or delivered 5- or made two (2) days after the day on which the same is postmarked by the United States mail, addressed as above provided, with postage thereon fully prepaid. City assumes no responsibility to search for Artist if it cannot be reached at the address of record. Section 13. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Section 14. Headings. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification only and shall not be deemed to limit, expand or define the contents of the respective sections or paragraphs. Section 15. Attorneys' Fees. In the event either party shall commence any action against the other party relating to this Agreement or for the breach of any obligation contained herein, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees, expenses, and court costs. Section 16. Prohibition Against Assignment. ment. Artist shall not delegate, transfer, subcontract or assign his duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Artist. Section 17. Governing Law; Jurisdiction. City and Artist 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. Section 18. Successors and Assigns. The terms of this Agreement shall be binding upon and inure to the benefit of the respective heirs, successors in interest and assigns of the parties hereto. Section 19. Survival of Certain Provisions. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, and 11 shall survive the expiration or earlier termination of this Agreement. -6- Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between City and Artist, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both City and Artist. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF TEMECULA: By: Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney ARTIST: By: (Signature) NAME: TITLE: (Printed Name) Name of Contact Person or Company Mailing Address of Company Telephone of Company Facsimile of Company 7- EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: 8- EXHIBIT B PAYMENT RATES AND SCHEDULE -9- Carole Choucair ouei.jan April 19, 2009 Original Mosaics and Oils City of Temecula Attention: Mr. Martin Betz Cultural Arts Administrator Community Service Department City of Temecula Subject: Proposal for a mosaic mural titled "The Emigrant Trail" Location: New Civic Center, Temecula, CA 92592 RE: Outdoor mosaic, (covered) Size: Height: 7 feet Width. 10 feet Total S.F. = 70 Description: - A mosaic scene of the emigrants passing in Temecula. View of Temecula Valley and its mountains in the background. The trail will have the historical Cover Wagons, people walking and different animals that they had. Bas relief effects in the frame that will give the impression of a real painting with its 3D frame. - The frame will have a dark color (most probably burgundy, color of wine) with the use of 24 Karat Gold smalti of all the figures (Indian, Spanish and battalion), the latest carriage that ended the period of the Emigrant trail and tools that they used to use. (All taken from the museum) - The mosaic should be soft when touched with no sharp edges as kids and people might touch it. Suggested Materials: - Use of 24 Karat Gold smalti to remember The Gold Rush Era Use of Temecula Granite reminder of The Historic Granite Quarry Italian and Mexican Smalti Venetian iridescent tile and other material that are for outside use. Natural stone as granite, marble, travertine etc. Total cost $ 40,000.00 10 % Cost for design, enlargement and watercolor: 40 % Once the colored design is approved 50% After completion and installation $4,000.00 $ 16,000.00 $ 20,000.00 Time for design, enlargement and watercolor: 6 weeks Time for completion: 15 to 16 months (After the approval of the design, and watercolor) If you have any questions, please feel free to call: 626-290-0315 or 626-961-2291 Thank you for your interest. Carole Choucair Oueijan 2751 Rio Lempa Drive Hacienda Heights, CA 91745 Cell: 626-290-0315 www.FineArtbvCarole.com ITEM NO. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, City Planner DATE: May 26, 2009 SUBJECT: Approval of a Purchase and Sale Agreement and Escrow Instructions between the City of Temecula and JHC Temecula Reflections LLC, for the conveyance of 11 affordable housing units located within the Temecula Lane development RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND JHC TEMECULA REFLECTIONS LLC, AN AFFILIATE OF JAMBOREE HOUSING CORPORATION, FOR THE SALE OF 11 UNITS AT THE TEMECULA LANE PROJECT FOR AFFORDABLE HOUSING BACKGROUND: The Temecula Lane Project is located along the south side of Loma Linda Road and the east side of Temecula Lane. The project totals 428 units in three neighborhoods: Bungalows - 96 single-family homes, Enclave - 96 units in 32 tri-plex buildings and Reflections - 236 units in 59 four-plex buildings. The Temecula Municipal Code allows residential development in the Professional Office Zone only if a project includes affordable housing. The type and amount of affordable housing is not defined in the Code, so the amount was negotiated with the developer. With Temecula Lane, DR Horton agreed to restrict 20 percent, or 86 units, for purchase by households earning no more than moderate income. These units were to be located in the Reflections project. City Council approved the Temecula Lane project at its March 21, 2006 meeting. I n January 2008, DR Horton expressed concerns over its ability to find qualified households for the 86 units. Given the slow down in the housing market and the credit crisis, the developer had found it difficult, if not impossible, to find buyers for the affordable units who met the income and credit requirements. Further, the few market rate units that were selling had been reduced in price to a cost comparable to the moderate units. The maximum sales price for the moderate units was set at $197,000. To better meet the future requirements of the City's Housing Element, DR Horton proposed to replace the 86 moderate income units with 11 very low income units. These units would be conveyed to the City at no cost. The City would then concurrently convey these units to a non-profit affordable housing developer. The non-profit affordable housing developerwould own and manage the units, through a 55-year agreement with the City, restricting the units as very low income rental units. On December 17, 2008, the Planning Commission approved an amendment to the Conditions of Approval for the Temecula Lane Project replacing the 86 moderate units with 11 very low units. The Planning Commission's approval was upheld by the City Council at its January 13, 2009 meeting. On January 16, 2009 a Request for Proposals (RFP) was released to solicit submittals for conveyance of, and subsequent management and maintenance of, the11 affordable units. Six submittals were delivered and all six were interviewed. The six applicants were 1. Jamboree Housing Corporation 2. Hitzke Development Corporation 3. Affirmed Housing Corporation 4. Riverside County Housing Authority 5. Mary Erickson Community Housing 6. Civic Center Barrio Housing Corporation On April 14, 2009 the City Council authorized the City Manager to negotiate a Purchase and Sale Agreement and Escrow Instructions with JHC Temecula Reflections LLC, an affiliate of Jamboree Housing Corporation, based on their demonstrated experience, financial strength, and proposal to purchase all 11 units for a total of $200,000. The purchase price of $200,000 for all 11 units offered by Jamboree Housing Corporation, via its affiliate JHC Temecula Reflections LLC, to the City of Temecula is not less than fair market value of the units given the housing market and the restrictions imposed by the Regulatory Agreement defined in the Purchase and Sale Agreement on the use of the 11 units for affordable housing purposes. Keyser Marston Associates has analyzed the Fair Market Value of each unit factoring for the restrictions placed upon them by the Regulatory Agreement and has determined that the 11 units have a current market value of $177,000. The terms of the Purchase and Sale Agreement and Escrow Instructions which includes the Regulatory Agreement places restrictions on all 11 units requiring them to be rented at the very low income level as defined by California Health and Safety Code 50105 for the term of 55 years. AGENCY INVOLVEMENT: The Temecula Redevelopment Agency will have an annual monitoring obligation to verify that the terms of the Regulatory Agreement are being satisfied. FISCAL IMPACT: The City of Temecula will receive the purchase price of $200,000 for the sale of the 11 units to JHC Temecula Reflections LLC, an affiliate of Jamboree Housing Corporation. ATTACHMENTS: Resolution Purchase and Sale Agreement and Escrow Instructions between JHC Temecula Reflections LLC and the City of Temecula Keyser Marston Associates Fair Market Value Analysis RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND JHC TEMECULA REFLECTIONS LLC, AN AFFILIATE OF JAMBOREE HOUSING CORPORATION, FOR THE SALE OF 11 UNITS AT THE TEMECULA LANE PROJECT FOR AFFORDABLE HOUSING THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Findings. On January 9, 2009, the City Council adopted Resolution No. 09-03 accepting the conveyance of 11 units at the Temecula Lane Project in order to effectuate the City's affordable housing goals of the General Plan and the requirements of Temecula Municipal Code Section 17.08.030. The City is in escrow to acquire these units. Resolution No. 09-03 also authorized and directed the City Manager to initiate a process for the selection of a qualified affordable housing developer and to negotiate a purchase and sale agreement with the affordable housing developer selected providing for the conveyance of the Units for housing affordable to persons of lower or very low income households as defined in the Health and Safety Code Sections 50079.5 and 50105. The City Manager has completed this process. The proposal from Jamboree Housing Corporation, and its JHC Temecula Reflections LLC, provides the best mix of affordable housing experience, financial ability, and purchase price to enable the City to best utilize the 11 units at the Temecula Lane Project being conveyed to it in order to meet its affordable housing goals under the City's General Plan and Temecula Municipal Code Section 17.08.030. The purchase price to be paid by Jamboree Housing Corporation, and its affiliate JHC Temecula Reflections LLC, pursuant to the Purchase and Sale Agreement for the 11 units is not less that the fair market value of the units given the housing market and restrictions imposed by the City on the use of said units for affordable housing purposes by the Regulatory Agreement described in the Purchase and Sale Agreement. Approval of Purchase and Sale Agreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" by and between JHC TEMECULA REFLECTIONS LLC, a California limited liability company, and the City Of Temecula" (the "Agreement"), with such changes in the Agreement as may be mutually agreed upon by JHC TEMECULA REFLECTIONS LLC and City Manager as are in substantial conformance with the form of such Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, on behalf of the City. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. Citv Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said Agreement., including but not limited to, approval and execution on behalf of the City of the such implementing agreements, regulatory agreement, grant deeds, acceptances, escrow instructions, certificates, estoppel letters, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. Certification. 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 May, 2009. Maryann Edwards, 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 May, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (the "Agreement") is dated as of May 26, 2009 (the "Effective Date") and is entered into by and between the CITY OF TEMECULA, a California municipal corporation (the "Seller"), and JHC TEMECULA REFLECTIONS LLC, a California limited liability company (the "Buyer"). RECITALS A. Seller desires to sell to Buyer, and Buyer desires to purchase from Seller that certain land situated in the City of Temecula, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Land"), together with all improvements and fixtures thereon and all personal property necessary or convenient for the use, maintenance or operation of such improvements and fixtures, including keys, garage door openers, as-built plans and operation manuals for installed appliances that are in the possession of Seller (collectively, the "Property"). B. Seller is acquiring the Property from Continental Residential, Inc. ("Horton") substantially concurrently with the sale of the Property to Buyer, and Seller's obligations hereunder are conditioned upon, among other things, Buyer's acquisition of the Property from Seller. The parties acknowledge that the escrow between Seller and Horton shall be used to close the transaction described herein. Horton has previously constructed single family residences which are part of the Property, and Horton agreed to give Seller a limited warranty with respect to such homes that can be assigned to and enforced by Buyer. The foregoing is reflected in a Purchase and Sale Agreement and Escrow Instructions between Seller and Horton dated February 19, 2009 (the "Horton Sale Agreement"), a copy of which has been delivered to Buyer. NOW, THEREFORE, in consideration of the terms and conditions of this Agreement and other valuable consideration, the sufficiency of which is hereby acknowledged, the Buyer and Seller agree as follows: 1. Purchase and Sale. Subject to and in accordance with the terms and conditions hereinafter set forth, Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller. 2. Opening and Closing of Escrow. An escrow (the "Escrow") has been opened with Lawyers Title Company (the "Escrow Holder"), 1920 Main St., Suite 500, Irvine, CA 92614, Attn: Kelly Rainwater, Escrow Officer, Phone: (949) 223-5549; Email: kellyrainwater@landam.com. The Escrow number is 5212073. For the purposes of this Agreement, the "Close of Escrow" shall be the date that a grant deed for the Property in favor of Buyer is recorded in the Official Records of the Riverside County Recorder's Office. The Close of Escrow shall occur on the Closing Date set forth in the Horton Sale Agreement which the parties estimated to be on or before June 19, 2009 (the "Closing Date"), provided that the 11086-0111\1135727v3.doc Closing Date shall not occur in any event before five (5) business days after the expiration of the Due Diligence Period (as such term is defined below). 3. Purchase Price. Buyer shall pay the sum of Two Hundred Thousand and No/100 Dollars ($200,000.00) to Buyer as the purchase price for the Property (the "Purchase Price") through Escrow at the Close of Escrow. 4. [INTENTIONALLY DELETED] 5. Title and Title Insurance; Property Documents, Due Diligence (a) Buyer acknowledges that, Seller has delivered to Buyer a preliminary report for the Property from Title Company together with copies of all instruments noted as exceptions therein (collectively, the "Preliminary Title Report") and Buyer has no obligation to any of the matters described in the Preliminary Title Report and has elected not to perform an ALTA survey of the Property. (b) Buyer's fee title to the Property shall be insured at the Close of Escrow by an CLTA Standard Coverage Owner's Policy of Title Insurance in the amount of $2,212,045.00, issued by Title Company (unless, at the option of Buyer, the title shall be insured by an ALTA Extended Coverage Owner's Policy of Title Insurance at Buyer's sole cost) (the "Title Policy"). The Title Policy shall insure Buyer's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title (the "Permitted Title Exceptions"): (i) Real property taxes for the then current tax fiscal year which are a lien not then due and payable; (ii) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (iii) Those title exceptions approved or deemed approved by Buyer as described in Section 5(a) above. (c) Seller shall not encumber, sell or transfer, or agree to encumber, sell or transfer, the Property or any portion thereof or interest therein to any other party during the period from the Effective Date to the earlier of the Close of Escrow or the date of the termination of this Agreement, except for the transfer of the Property from Horton to Seller as contemplated in the Recitals of this Agreement. (d) Buyer shall have up to and including eighteen (18) days from the Effective Date (the "Due Diligence Period") to conduct due diligence and feasibility review with respect to the Property and to satisfy itself with respect to all matters relating to the Property, including, without limitation, its physical condition. In the event that on or prior to the end of the Due Diligence Period Buyer determines that the Property is not acceptable (in Buyer's sole and absolute discretion), Buyer shall give written notice thereof to Seller prior to the end of the Due Diligence Period, in which event this Agreement shall terminate. If Buyer fails to give such notice on or before expiration of the Due Diligence Period, this due diligence and feasibility 11086-011 1\11357270.doc -2- contingency shall be deemed to have been disapproved by Buyer, this Agreement shall be automatically terminated. (e) Within five (5) days after the Effective Date, Seller shall deliver to Buyer any and all operating files, agreements, books and records in the possession of Seller (or Horton, if Seller has access to such documents under the Horton Sale Agreement), or otherwise in the possession or control of Seller in connection with the leasing, construction, names and contact information of the management company of the owners' association, formation of the owners' association, minutes or other operating documents of the owners' association, litigation or claims involving the owners' association, most recent budgets and financial statements of the owners' association, maintenance and/or management of the Property, including, without limitation, permits and approvals, rent rolls, financial and operating statements, construction contracts, environmental audits, inspection reports and studies, improvement or financial districts, service contracts, plans and specifications, pest control reports, warranties and guaranties, inventories of personal property, bills, invoices, receipts and other general records relating to the income and expenses of the Property. Further, Seller will request any such documentation set forth above from Horton to the extent Seller does not have such documentation in its possession. (f) During the Due Diligence Period, and upon twenty-four (24) hours prior notice to Seller and Horton (unless the Property has already been acquired by Seller, in which case Buyer need only notify Seller), as the case may be, Buyer shall be entitled to access the Property to conduct such investigations, tests, surveys and other analyses as Buyer determines is necessary, provided (a) Buyer shall not do any invasive testing, sampling or drilling at the Property without first obtaining Seller's prior written consent, (b) Buyer shall conduct such tests or investigations so as not to unreasonably interfere with current activities or tenants on the Property, if any, and (c) Buyer shall promptly restore the Property to substantially the same condition which existed prior to any such investigations, tests, surveys and other analyses, at Buyer's sole cost and expense. Buyer shall defend, indemnify and hold Seller harmless from and against any and all claims, losses, liabilities, costs, damages and expenses arising from Buyer's inspections. 6. Deposit of Documents and Funds in Escrow. (a) Seller and Buyer, as applicable, hereby covenant and agree to deliver to Escrow Holder at least one (1) business day prior to the Close of Escrow the following instruments, documents, and funds, the delivery of each of which shall be a condition of the Close of Escrow. (b) Seller shall deliver: (i) a duly executed and acknowledged Grant Deed in the form attached as Exhibit "B" attached hereto (the "Grant Deed") conveying the Property to Buyer, subject only to the Permitted Title Exceptions; (ii) Such funds as are required to pay for charges payable by Seller hereunder (as shown on Escrow Company's preliminary settlement statement); 11086-0111\1135727v3.doc -3- (iii) An assignment of the limited warranty described in the Horton Sale Agreement (and in Section 14 below); (iv) A counterpart original of a Regulatory Agreement in the form attached hereto as Exhibit "C" duly executed and acknowledged by Seller; and (v) A counterpart original of a Notice of Affordability Restrictions, in statutory form, duly executed and acknowledged by Seller (the "Notice"). (c) Buyer shall deliver: (i) The Purchase Price; (ii) Such additional funds as may be required to pay for charges payable by Buyer hereunder (as shown on the Escrow Company's preliminary settlement statement); (iii) A counterpart original of the Regulatory Agreement, duly executed and acknowledged by Buyer; and (iv) A counterpart original of the Notice, duly executed and acknowledged by Buyer. 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the Grant Deed, Regulatory Agreement [and Notice] and disburse the funds and distribute the documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) The Seller shall have acquired the Property from Horton and the Title Company can issue in favor of Buyer the Title Policy, showing fee title to the Property vested in Buyer, subject only to the Permitted Title Exceptions. (b) Seller and Buyer shall have deposited in Escrow the documents and funds required pursuant to Section 6 above. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through Escrow if necessary or proper for the issuance of the Title Policy. 8. Escrow Charges and Prorations. (a) Buyer shall pay (i) one-half (1/z) of all the fees and charges of Escrow Holder, (ii) the cost of the premium for any ALTA extended coverage under the Title Policy, (iii) all documentary or other local transfer taxes on the transfer of the Property (if any); and (iv) Buyer's share of the charges prorated under this Agreement. If the Escrow shall fail to close for any reason other than Buyer's or Seller's default, Buyer shall pay one-half (1/2) of any applicable Escrow cancellation charges. If the Escrow shall fail to close due to Buyer's default, Buyer will pay all Escrow cancellation charges. 11086-0111\1135727v3.doc -4- (b) Seller shall pay (or shall cause Horton to pay) (i) one-half (1/z) of all the fees and charges of Escrow Holder, (ii) the cost of the premium for the standard owner's coverage for the Title Policy; and (iii) Seller's share of the charges prorated under this Agreement. If the Escrow shall fail to close for any reason other than Seller's or Buyer's default, Seller shall pay (or shall cause Horton to pay) one-half (1/2) of any applicable Escrow cancellation charges. If the Escrow shall fail to close due to Seller's default, Seller shall pay all Escrow cancellation charges. (c) Any and all taxes and assessments, including, but not limited to, owners' association dues and assessments, shall be apportioned and prorated with respect to the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with title to the Property during the entire day upon which the Close of Escrow occurs. (If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller shall be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments which relates to the period before the Close of Escrow and Buyer shall pay the taxes and assessments prior to their becoming delinquent unless such is paid by Horton.) Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed shall be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties shall make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. All delinquent taxes and assessments, including, but limited to, owners' association dues and assessments, (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property shall be paid by Seller. (d) All prorations shall be determined on the basis of a 360 day year. The provisions of this Section shall survive the Close of Escrow. 9. Representations and Warranties of Buyer. (a) Representations and Warranties of Buyer. Buyer hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct at the date of this Agreement and as of the Close of Escrow: (i) Buyer has reviewed and approved the Horton Sale Agreement (including the limited warranties set forth therein). (ii) Buyer has the full power and authority to enter into this Agreement and consummate the transactions contemplated hereby. The execution, delivery and performance of this Agreement has been duly and validly authorized by Buyer, and no other action by Buyer is requisite to the valid and binding execution, delivery, and performance of this Agreement by Buyer. (iii) Buyer shall conduct its own investigations and studies of the Property as it deems necessary or appropriate to determine the presence or absence of hazardous materials on or within the Property. Buyer for itself and its agents, representatives, officers, 11086-0111\1135727v3.doc -5- employees, members, managers, partners, affiliates, contractors and licensees and its and their successors and assigns hereby (a) agrees that Buyer is relying solely on its own investigation of the Property covering the effect of any hazardous materials that may be on or within the Property, whether disclosed by such investigations or not (collectively, the "Hazardous Materials Effects") and (b) assumes the risk of any and all liabilities, claims, demands, suits, judgments, losses, damages, expenses (including, without limitation, attorneys' fees) and other obligations arising out of or incurred in connection with the Hazardous Materials Effects, if any. (b) Representations and Warranties of Seller. The following representation and warranty is made by Seller as of the date of this Agreement and as of the Close of Escrow: (i) Seller has disclosed to Buyer all material facts relating to the Property that are actually known to Seller; and (ii) Seller has the full power and authority to enter into this Agreement and consummate the transactions contemplated hereby. The execution, delivery and performance of this Agreement has been duly and validly authorized by Seller, and no other action by Seller is requisite to the valid and binding execution, delivery, and performance of this Agreement by Seller. If Seller becomes aware of any fact or circumstance which would change or render incorrect, in whole or in part, any representation or warranty made by Seller under this Agreement, whether as of the date given or any time thereafter through the Closing Date and whether or not such representation or warranty was based upon Seller's knowledge as of a certain date, Seller will give prompt written notice of such changed fact or circumstance to Buyer and Buyer shall then have the right, as its sole remedy, to terminate this Agreement by giving prompt written notice to Seller prior to the Close of Escrow. The representations and warranties are made by Seller and Buyer in this Section 9 shall survive the Close of Escrow. 10. Buyer's Conditions. Buyer's obligations under this Agreement are expressly made subject to the following conditions precedent solely for the benefit of Buyer. The Close of Escrow and Buyer's obligation to consummate the purchase of Property shall be contingent upon and subject to written notice to Escrow Holder by Buyer of the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (a) Buyer's obtaining a irrevocable commitment issued by Title Company to issue the Title Policy, subject only to the Permitted Title Exceptions, and being otherwise in accordance with the provisions of Section 5 of this Agreement, and expressly insuring against the claims of any persons in possession of all or any part of the Property and the claims of any mechanics or materialmen. (b) Seller has obtained and delivered an estoppel certificate from the applicable owner's association (the "HOA") certifying that the Property, Seller and Horton (as owners of the Property) are not in default under any obligations under any conditions, covenants or restrictions to which the Property is obligated and that all assessments against the Property from such HOA have been paid in full. 11086-0111\1135727v3.doc -6- (c) Seller's delivery of all documents and funds required to be delivered by Seller pursuant to Section 6 hereof. (d) Buyer's inspection and approval of the condition of the Property before the expiration of the Due Diligence Period pursuant to Section 5 above. (e) Seller's delivery of possession of all personal property included in the Property. (f) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all either true and correct in all material respects, or, to the extent that is not the case, have been waived in writing by Buyer. If any of the foregoing conditions precedent has not been either met to Buyer's sole satisfaction or expressly waived in writing by Buyer on or prior to the Close of Escrow, then Buyer shall have the right to terminate this Agreement, in which event, unless the failure of such contingency is an event of default by Seller, neither party shall have any further rights, duties and obligations hereunder. 11. Seller's Contingencies. For the benefit of Seller, the Close of Escrow and Seller's obligation to consummate the sale of the Property shall be contingent upon and subject to written notice to the Escrow Holder by Seller of the occurrence of all of the following (or Seller's written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or before the Close of Escrow: (a) Seller's acquisition of the Property from Horton. (b) Buyer's delivery of all documents required to be delivered by Buyer pursuant to Section 6 hereof. (c) That as of the Close of Escrow the representations and warranties of Buyer contained in this Agreement are all either true and correct in all material respects, or, to the extent that is not the case, have been waived in writing by Seller. 12. Condemnation; Destruction. All risk of loss with respect to the Property shall remain with Seller until the Close of Escrow. If at any time prior to the Close of Escrow, the Property, or any portion thereof, is damaged by fire or other casualty or taken or appropriated through eminent domain or similar proceedings, or is condemned for any public or quasi-public use, Buyer may terminate this Agreement. If Buyer terminates this Agreement, Seller shall be entitled to receive all insurance proceeds payable to Seller or all condemnation proceeds actually paid for that portion of the property taken. If Buyer elects to maintain this Agreement in full force and effect, Buyer shall be entitled to receive all insurance proceeds payable to Seller or all condemnation proceeds actually paid for that portion of the Property taken or, if such proceeds have been paid to Seller, Buyer shall receive a credit against the Purchase Price equal to the amount of such proceeds actually paid to Seller. 13. Default. In the event of a breach or default under this Agreement by Seller which is not cured within ten (10) days after written notice of the default is given by Buyer to Seller, 11086-0111\1135727v3.doc -7- Buyer shall have the right as its sole and exclusive remedy to either: (i) terminate this Agreement and the Escrow for the purchase and sale of the Property by delivering written notice thereof to Seller and to Escrow Holder and receive a sum equal to all reasonably documented out-of-pocket costs relating to Buyer's negotiation, due diligence and performance under this Agreement that are not payable to any affiliate of Buyer; or (ii) bring an action for specific performance of this Agreement. In the event of a breach or default by Buyer that is not cured within ten (10) days after written notice from Seller, Seller shall as its sole and exclusive remedy have the right to terminate this Agreement and Escrow for the purchase and sale of the Property by delivering written notice thereof to Buyer, in which case Seller shall have the right to sell property on an unrestricted basis. The parties acknowledge and agree that the facts and circumstances surrounding this particular transaction are unique and involve many factors including the condition of the real estate market, the condition of the economy, the limitations on financing available to affordable and other homebuyers, and other variable factors, As such, the parties agree that monetary damages would be extremely difficult if not impossible to quantify and inadequate to compensate either party for the default of the other party. For these reasons, the parties hereby agree that the equitable remedies set forth in this Section are necessary to compensate each party in the event of the other party's default, and that neither party shall be liable to the other party in any event for any monetary damages for a failure to consummate the purchase and sale contemplated under this Agreement. BUYER'S INITIALS SELLER'S INITIALS 14. SB 800; Arbitration. (a) Limited Warranty; Disclaimer of Implied Warranties. Buyer acknowledges that Seller has delivered to Buyer samples of a homeowner's manual entitled "Reflection Homeowner's Manual and Customer Care Guide" ("Homeowner's Manual"), which contains Continental Residential, Inc.'s 10-4-1 Limited Warranty and certain manufacturer's warranties and that the limited warranty that will be delivered by Horton to Seller at the Close of Escrow will be in the form attached to the Horton Sale Agreement as Exhibit "D" ("Limited Warranty"). Except for the Limited Warranty and any manufacturer's warranties delivered by Horton to Seller (the "Warranties") or any representations or warranties expressly made in this Agreement by Seller, Seller shall not deliver and does not make any other representations, promises or warranties concerning the Property, including, without limitation, warranties of merchantability, fitness for a particular purpose, quality of construction or otherwise, and to the fullest extent permitted by law Buyer waives all implied warranties relating to the Property. BUYER HAS READ AND UNDERSTANDS THE FOREGOING PROVISIONS PERTAINING TO THE WARRANTIES AND ACKNOWLEDGES AND AGREES THAT EXCEPT FOR THE LIMITED WARRANTY MADE BY SELLER AND THE MANUFACTURER'S WARRANTIES DELIVERED BY SELLER, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THAT THE PROPERTY WAS DESIGNED AND CONSTRUCTED IN A REASONABLY WORKMANLIKE MANNER, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY. 11086-0111\1135727v3.doc -8- Buyer's Initials Seller's Initials (b) Claims Under California Civil Code Section 895 et seq. California Civil Code Section 895 et seq. (the "Statute") establishes residential construction standards (the "Standards") and provides mechanisms for resolution of claims of violations of these standards. (i) SB 800 Booklet. Buyer acknowledges that a booklet containing Sections 895 through 945.5 of the Civil Code ("SB 800 Booklet"), which includes the Statute has been provided to Buyer by Seller. Buyer should read the Statute carefully and seek legal advice if Buyer has any questions. By initialing below Buyer acknowledges that it has received and initialed a copy of the SB 800 Booklet. Buyer's Initials Seller's Initials (ii) Notice of Claims. Buyer acknowledges that Buyer or Buyer's successors or successors-in-interest (the "Claimant") claim that the Property or any residence constructed thereon violates any of the Standards, Claimant must provide notice to Horton's agent under Civil Code Section 912(e) and the Horton Sale Agreement. The name and address of Horton's agent are available upon request from the California Secretary of State: California Secretary of State Special Filings P.O. Box 942877 Sacramento, California 94277 or by telephone at (916) 653-3984 By initialing below, Buyer acknowledges and agrees that Seller has provided Buyer with access to the name and address of the contact person for notice of any claimed violations of the Standards. Buyer's Initials Seller's Initials (iii) Statutory Non-Adversarial Procedures. As provided in the Horton Sale Agreement, Horton has elected to use the "non-adversarial procedures" which are set forth in the Statute at Sections 910 through 938. According to the terms of the Statute, the non- adversarial procedures will not apply if Horton does not, or cannot comply with the requirements in the Statute. In such case, disputes will be resolved through mediation and, if that is not successful, then arbitration as provided in the Horton Sale Agreement. Buyer's Initials Seller's Initials 11086-0111\1135727v3.doc -9- 15. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery or (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Seller: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn.: City Manager Copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071 Attn.: Bruce Galloway, Esq. Buyer: JHC Temecula Reflections LLC c/o Jamboree Housing Corporation 17701 Cowan Avenue, Suite 200 Irvine, California 92614 Attn: Laura Archuleta Copy to: Patrick McCalla, Esq. Rutan & Tucker, LLP 611 Anton Blvd., Suite 1400 Costa Mesa, California 92626 Escrow Holder: Lawyers Title Company 1920 Main St., Suite 500 Irvine, CA 92614 Attn: Kelly Rainwater, Escrow No. 5212073 Phone: (949) 223-5549 Email: kellyrainwater@landam.com 16. Broker's Commissions. No broker was involved in connection with the transaction contemplated herein. Each party hereby indemnifies and holds the other party harmless from and against any and all claims for any other broker's commission or similar compensation that may be payable to any broker, finder or other person or entity based upon such party's own acts. The provisions of this Section shall survive the Close of Escrow. 11086-011 1\1135727v3.doc -10- 17. Standard Instructions. Each party agrees to execute Escrow Holder's supplemental reasonable standard instructions as may be necessary or proper in order to consummate the transactions contemplated by this Agreement; provided, however, in the event of a conflict between the terms hereof and the terms of such standard instructions, the terms hereof shall control. 18. Time is of the Essence. The parties hereto agree that time is of the essence with respect to each term, condition and covenant hereof. 19. Successors and Assigns. The provisions of this Agreement are expressly binding upon, and shall inure to the benefit of, the parties hereto and their successors in interest and assigns. 20. Entire Agreement. This Agreement, together with all exhibits hereto, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. 21. Severability. Invalidation of any of the terms, conditions, covenants, or other provisions contained herein by judgment or court order shall in no way affect any of the other terms, conditions, covenants, or provisions hereof, and the same shall remain in full force and effect. 22. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Seller and Buyer and deposited with Escrow Holder. 23. Attorneys' Fees. In the event that suit is brought for the enforcement of this Agreement or as the result of any alleged breach thereof, the prevailing party or parties in such suit shall be entitled to recover their reasonable attorneys' fees, costs, and expenses from the losing party or parties, and any judgment or decree rendered in such proceedings shall include an award thereof. 24. Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures shall be deemed to be original signatures, and shall be followed by the immediate overnight delivery of original signature pages. 26. City Manager Authority. The City Manager of Seller shall have the authority to give all consents and approvals, execute all documents and make all non-material changes to the form of Grant Deed and the form of Regulatory Agreement as may be necessary or convenient to consummate the transaction described in this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE(S)] 11086-011 1\1135727v3.doc -11- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. BUYER: JHC TEMECULA REFLECTIONS LLC, a California limited liability company By: Jamboree Housing Corporation, a California non-profit public benefit corporation, its Managing Member Bv: Laura Archuleta, President SELLER: CITY OF TEMECULA, a municipal corporation By: Shawn D. Nelson City Manager Attest: Susan Jones, MMC Approved as to form: Peter Thorson, City Attorney 11086-011 1\1135727v3.doc -12- EXHIBIT "A" LEGAL DESCRIPTION OF THE CONDO UNITS AND EASEMENT INCLUDED IN THE PROPERTY A CONDOMINIUM COMPRISED OF: PARCEL 1: AN UNDIVIDED 4/28th FEE SIMPLE INTEREST AS A TENANT IN COMMON IN THE COMMON AREA OF THE MODULE IN WHICH THE RESIDENTIAL UNIT IS LOCATED EQUAL TO THE RECIPROCAL OF THE NUMBER OF THE RESIDENTIAL UNITS LOCATED WITHIN SUCH MODULE, AS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN OF TEMECULA LANE (REFLECTIONS PHASE 1), RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON May 29, 2007 AS INSTRUMENT NO. 2007-0349669 ("CONDOMINIUM PLAN"), WHICH IS SITUATED WITHIN LOT 101, OF TRACT 31946, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER THAT TRACT MAP RECORDED IN BOOK 421, PAGE(S) 28 THROUGH 36 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ("MAP"). ALL DEFINED TERMS USED HEREIN SHALL HAVE THE MEANINGS SET FORTH IN THE DECLARATION REFERENCED BELOW AND THE CONDOMINIUM PLAN. PARCEL 2: RESIDENTIAL UNIT NO'S 1,8,9 AND 16, AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN. RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT OVER THE PORTIONS OF THE RESIDENTIAL UNIT DESIGNATED AS LIMITED ASSOCIATION MAINTENANCE AREAS AND ROOF MAINTENANCE AREAS IN THE CONDOMINIUM PLAN AND DECLARATION REFERRED TO BELOW AND ANY SUPPLEMENTARY DECLARATION, IF ANY. EXCEPTING FROM PARCELS 1 AND 2, ALL OIL, GAS, MINERAL AND HYDROCARBON RIGHTS BY WHATSOEVER NAME KNOWN, WITHOUT RIGHT OF SURFACE ENTRY AS MAY BE OF RECORD AS OF THE DATE HEREOF. AND EXCEPTING FROM PARCELS 1 AND 2, PURSUANT TO THAT CERTAIN MINERAL DEED CURRENTLY OF RECORD, ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, 11086-0111\1135727v3.doc A-1 "SUBSURFACE RESOURCES") LOCATED IN OR THE PROPERTY AND THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. RESERVING FROM PARCELS 1 AND 2, THE EASEMENT AND OTHER RIGHTS RESERVED IN FAVOR OF GRANTOR IN THE DECLARATION FOR MARKETING AND DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, SUBJECT TO ALL EXCLUSIVE USE EASEMENT AREAS, THE RIGHT OF GRANTOR TO MAINTAIN MARKETING UNITS IN THE CONDOMINIUMS OWNED BY GRANTOR, AS WELL AS THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES OFFICE AND MARKETING UNITS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER MARKETING MATERIALS WITHIN THE COMMON AREA AND\OR ASSOCIATION PROPERTY OF THE COMMUNITY. FURTHER RESERVING FROM PARCELS 1 AND 2, FOR THE BENEFIT OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AN EASEMENT FOR INGRESS AND EGRESS, IN, ON, OVER, THROUGH AND ACROSS THE COMMON AREA AND/OR ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS THEREON. THE GRANTOR FURTHER RESERVES THE RIGHT TO PREVENT ACCESS OVER PORTIONS OF COMMON AREA AND/OR ASSOCIATION PROPERTY BY PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE COMMUNITY. HOWEVER, NO SUCH BARRIER SHALL PREVENT INGRESS OR EGRESS BY GRANTEE TO AND FROM ITS RESIDENTIAL UNIT. AND FURTHER RESERVING FROM PARCELS 1 AND 2, ALL EASEMENTS DESCRIBED IN THE DECLARATION AND MASTER DECLARATION DESCRIBED BELOW, THE CONDOMINIUM PLAN, THE MAP OF RECORD REFERENCED ABOVE, AND ALL OTHER EASEMENTS OF RECORD. PARCEL 3: AN EXCLUSIVE USE EASEMENT OVER THE PORTION OF THE ASSOCIATION PROPERTY DESIGNATED AS EXCLUSIVE USE DRIVEWAYS IN THE CONDOMINIUM PLAN AS BEING APPURTENANT TO THE RESIDENTIAL UNIT DESCRIBED ABOVE, IF ANY. 11086-0111\1135727v3.doc A-2 PARCEL 4: AN EXCLUSIVE EASEMENT OVER A PORTION OF THE ASSOCIATION PROPERTY, AS SHOWN ON THE CONDOMINIUM PLAN AS AN EXCLUSIVE USE PARKING SPACE APPURTENANT TO PARCEL 2 ABOVE. PARCEL 5: A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS ON, OVER, THROUGH AND ACROSS ROADWAY MODULE A, AS SHOWN ON THE CONDOMINIUM PLAN. PARCEL 6: A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE ASSOCIATION PROPERTY SHOWN ON THE CONDOMINIUM PLAN AND OVER, IN, TO AND THROUGHOUT THE ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENTS ARE APPURTENANT TO PARCELS 1 AND 2 DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS OF THE DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (1) RECORDATION OF A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO BE SUBJECT TO THE DECLARATION, AND (II) CONVEYANCE OF THE FIRST CONDOMINIUM IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN THE DECLARATION. THE ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN COVERING EACH SUCH PHASE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON- EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON- EXCLUSIVE EASEMENTS RESERVED IN THE DECLARATION, THE CONDOMINIUM PLAN, AND THIS GRANT DEED. PARCEL 7: A NON-EXCLUSIVE EASEMENT ON OVER, THROUGH, UNDER AND ACROSS, LOTS C THROUGH M, INCLUSIVE, OF THE MAP, FOR ACCESS INGRESS OR EGRESS. PARCEL 8: A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE MASTER ASSOCIATION PROPERTY AND OVER, IN, TO AND THROUGHOUT THE MASTER ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY DESCRIBED IN THE MASTER DECLARATION, WHICH EASEMENTS ARE APPURTENANT TO PARCEL 1 DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS OF THE MASTER DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF A 11086-0111\1135727v3.doc A-3 SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO BE SUBJECT TO THE MASTER DECLARATION, AND (II) CONVEYANCE OF THE FIRST RESIDENTIAL LOT IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN THE MASTER DECLARATION. THE MASTER ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE DESCRIBED ON THE SUPPLEMENTARY DECLARATION COVERING EACH SUCH PHASE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON-EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON-EXCLUSIVE EASEMENTS RESERVED IN THE MASTER DECLARATION AND THIS GRANT DEED. THE REAL PROPERTY CONVEYED IN THIS GRANT DEED (THE "PROPERTY") IS CONVEYED TOGETHER WITH A MEMBERSHIP IN THE TEMECULA LANE HOMEOWNERS ASSOCIATION ("MASTER ASSOCIATION") AND ACCEPTED SUBJECT TO THAT CERTAIN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE TEMECULA LANE MASTER COMMUNITY RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 25, 2007 AS DOCUMENT NO. 2007-0346781 AND ANY AMENDMENT THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("MASTER DECLARATION") AND A MEMBERSHIP IN THE REFLECTIONS AND ENCLAVE AT TEMECULA LANE HOMEOWNERS ASSOCIATION AND ACCEPTED SUBJECT TO THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTIONS AND ENCLAVE AT TEMECULA LANE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 30, 2007 AS DOCUMENT NO. 2007-0353199, AND ANY OTHER AMENDMENTS THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("DECLARATION"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION AND THE MASTER DECLARATION, THE PROPERTY IS CONVEYED SUBJECT TO SUCH EASEMENTS IN FAVOR OF THE ASSOCIATION AND MASTER ASSOCIATION AS ARE NECESSARY TO PERFORM THE DUTIES AND OBLIGATIONS OF THE ASSOCIATION AND MASTER ASSOCIATION AND CERTAIN EASEMENTS RESERVED BY GRANTOR. GRANTEE, IN ACCEPTING THIS GRANT DEED AND THE CONVEYANCE HEREUNDER, DOES HEREBY AGREE, JOINTLY AND SEVERALLY, FOR THE BENEFIT OF THE ASSOCIATION AND MASTER ASSOCIATION AND EACH AND EVERY ONE OF THE OTHER MEMBERS OF THE ASSOCIATION AND MASTER ASSOCIATION, THAT GRANTEE WILL PROMPTLY, FULLY AND FAITHFULLY COMPLY WITH AND CONFORM TO THE DECLARATION AND MASTER DECLARATION AND THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION AND MASTER ASSOCIATION AND THE RULES AND ARCHITECTURAL GUIDELINES REFERENCED IN THE DECLARATION AND MASTER DECLARATION. IN PARTICULAR, GRANTEE DOES HEREBY AGREE, JOINTLY AND SEVERALLY, PROMPTLY TO PAY IN FULL ANY DUES, FEES OR ASSESSMENTS LEVIED BY THE ASSOCIATION AND MASTER ASSOCIATION ON THE MEMBERSHIPS CONVEYED HEREBY. THE OBLIGATIONS OF GRANTEE HEREIN SET 11086-0111\1135727v3.doc A-4 FORTH SHALL BE COVENANTS RUNNING WITH THE PROPERTY IT BEING UNDERSTOOD THAT SAID MEMBERSHIP IN THE ASSOCIATION AND MASTER ASSOCIATION AND THE OBLIGATIONS THEREOF, WILL AUTOMATICALLY PASS TO GRANTEE'S SUCCESSOR IN TITLE IN THE PROPERTY OR OTHERWISE, AND SHALL BE BINDING UPON THE GRANTEES ABOVE NAMED, THEIR HEIRS, DEVISEES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS. THE PROPERTY IS ALSO CONVEYED AND ACCEPTED SUBJECT TO THAT CERTAIN NOTICE OF NON-ADVERSARIAL PROCEDURES UNDER CIVIL CODE SECTION 9120 SEPTEMBER 6, 2007 AS INSTRUMENT NO. 2007-0512606 OFFICIAL RECORDS OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, AND ANY AMENDMENTS THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("NOTICE"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. THE GRANTEE HEREIN COVENANTS BY AND FOR ITSELF, HIS HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR THROUGH THEM, THAT THERE SHALL BE NO DISCRIMINATION AGAINST OR SEGREGATION OF, ANY PERSON OR GROUP OF PERSONS ON ACCOUNT OF SEX, MARITAL STATUS, RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, OR ANCESTRY IN THE SALE, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE LAND HEREIN CONVEYED OR THE IMPROVEMENTS THEREON OR TO BE CONSTRUCTED THEREON, NOR SHALL THE GRANTEE ITSELF OR ANY PERSON CLAIMING UNDER OR THROUGH THE GRANTEE, ESTABLISH OR PERMIT ANY SUCH PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF TRANSFEREES OR VENDEES IN THE LAND HEREIN CONVEYED OR SUCH IMPROVEMENTS. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND. (Phase 2) A CONDOMINIUM COMPRISED OF: PARCEL 1: AN UNDIVIDED 7/28th FEE SIMPLE INTEREST AS A TENANT IN COMMON IN THE COMMON AREA OF THE MODULE IN WHICH THE RESIDENTIAL UNIT IS LOCATED, AS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN OF TEMECULA LANE (REFLECTIONS PHASE 2), RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON July 23, 2007 AS INSTRUMENT NO. 2007-0476363 ("CONDOMINIUM PLAN"), WHICH IS SITUATED WITHIN LOT 101, OF TRACT 31946, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER THAT TRACT MAP RECORDED IN BOOK 421, PAGE(S) 28 THROUGH 36 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ("MAP"). ALL DEFINED TERMS USED HEREIN SHALL HAVE THE 11086-011 1\1 135727v3.doe A-5 MEANINGS SET FORTH IN THE DECLARATION REFERENCED BELOW AND THE CONDOMINIUM PLAN. PARCEL 2: RESIDENTIAL UNIT NO. 221,225,228,229,232,233 AND 236, AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN. RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT OVER THE PORTIONS OF THE RESIDENTIAL UNIT DESIGNATED AS LIMITED ASSOCIATION MAINTENANCE AREAS AND ROOF MAINTENANCE AREAS IN THE CONDOMINIUM PLAN AND DECLARATION REFERRED TO BELOW AND ANY SUPPLEMENTARY DECLARATION, IF ANY. EXCEPTING FROM PARCELS 1 AND 2, ALL OIL, GAS, MINERAL AND HYDROCARBON RIGHTS BY WHATSOEVER NAME KNOWN, WITHOUT RIGHT OF SURFACE ENTRY AS MAY BE OF RECORD AS OF THE DATE HEREOF. AND EXCEPTING FROM PARCELS 1 AND 2, PURSUANT TO THAT CERTAIN MINERAL DEED CURRENTLY OF RECORD, ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR THE PROPERTY AND THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. RESERVING FROM PARCELS 1 AND 2, THE EASEMENT AND OTHER RIGHTS RESERVED IN FAVOR OF GRANTOR IN THE DECLARATION FOR MARKETING AND DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, SUBJECT TO ALL EXCLUSIVE USE EASEMENT AREAS, THE RIGHT OF GRANTOR TO MAINTAIN MARKETING UNITS IN THE CONDOMINIUMS OWNED BY GRANTOR, AS WELL AS THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES OFFICE AND MARKETING UNITS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER 11086-0111\1135727v3.doc A-6 MARKETING MATERIALS WITHIN THE COMMON AREA AND1OR ASSOCIATION PROPERTY OF THE COMMUNITY. FURTHER RESERVING FROM PARCELS 1 AND 2, FOR THE BENEFIT OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AN EASEMENT FOR INGRESS AND EGRESS, IN, ON, OVER, THROUGH AND ACROSS THE COMMON AREA AND/OR ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS THEREON. THE GRANTOR FURTHER RESERVES THE RIGHT TO PREVENT ACCESS OVER PORTIONS OF COMMON AREA AND/OR ASSOCIATION PROPERTY BY PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE COMMUNITY. HOWEVER, NO SUCH BARRIER SHALL PREVENT INGRESS OR EGRESS BY GRANTEE TO AND FROM ITS RESIDENTIAL UNIT. AND FURTHER RESERVING FROM PARCELS 1 AND 2, ALL EASEMENTS DESCRIBED IN THE DECLARATION AND MASTER DECLARATION DESCRIBED BELOW, THE CONDOMINIUM PLAN, THE MAP OF RECORD REFERENCED ABOVE, AND ALL OTHER EASEMENTS OF RECORD. PARCEL 3: AN EXCLUSIVE USE EASEMENT OVER THE PORTION OF THE ASSOCIATION PROPERTY DESIGNATED AS EXCLUSIVE USE DRIVEWAYS IN THE CONDOMINIUM PLAN AS BEING APPURTENANT TO THE RESIDENTIAL UNIT DESCRIBED ABOVE, IF ANY. PARCEL 4: AN EXCLUSIVE EASEMENT OVER A PORTION OF THE ASSOCIATION PROPERTY, AS SHOWN ON THE CONDOMINIUM PLAN AS AN EXCLUSIVE USE PARKING SPACE APPURTENANT TO PARCEL 2 ABOVE. PARCEL 5: A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS ON, OVER, THROUGH AND ACROSS ROADWAY MODULE A, AS SHOWN ON THE CONDOMINIUM PLAN. PARCEL 6: A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE ASSOCIATION PROPERTY SHOWN ON THE CONDOMINIUM PLAN AND OVER, IN, TO AND THROUGHOUT THE ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENTS ARE APPURTENANT TO PARCELS 1 AND 2 DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS OF THE DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF 11086-0111\1135727v3.doc A-7 A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO BE SUBJECT TO THE DECLARATION, AND (II) CONVEYANCE OF THE FIRST CONDOMINIUM IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN THE DECLARATION. THE ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN COVERING EACH SUCH PHASE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON- EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON- EXCLUSIVE EASEMENTS RESERVED IN THE DECLARATION, THE CONDOMINIUM PLAN. AND THIS GRANT DEED. PARCEL 7: A NON-EXCLUSIVE EASEMENT ON OVER, THROUGH, UNDER AND ACROSS, LOTS C THROUGH M, INCLUSIVE, OF THE MAP, FOR ACCESS INGRESS OR EGRESS. PARCEL 8: A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE MASTER ASSOCIATION PROPERTY AND OVER, IN, TO AND THROUGHOUT THE MASTER ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY DESCRIBED IN THE MASTER DECLARATION, WHICH EASEMENTS ARE APPURTENANT TO PARCEL I DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS OF THE MASTER DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO BE SUBJECT TO THE MASTER DECLARATION, AND (II) CONVEYANCE OF THE FIRST RESIDENTIAL LOT IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN THE MASTER DECLARATION. THE MASTER ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE DESCRIBED ON THE SUPPLEMENTARY DECLARATION COVERING EACH SUCH PHASE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON-EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON-EXCLUSIVE EASEMENTS RESERVED IN THE MASTER DECLARATION AND THIS GRANT DEED. THE REAL PROPERTY CONVEYED IN THIS GRANT DEED (THE "PROPERTY") IS CONVEYED TOGETHER WITH A MEMBERSHIP IN THE TEMECULA LANE HOMEOWNERS ASSOCIATION ("MASTER ASSOCIATION") AND ACCEPTED SUBJECT TO THAT CERTAIN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE TEMECULA LANE MASTER COMMUNITY RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 25, 2007 AS DOCUMENT NO. 2007-0346781 AND ANY AMENDMENT THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("MASTER DECLARATION") AND A MEMBERSHIP IN THE REFLECTIONS AND ENCLAVE AT TEMECULA LANE 11086-0111\1135727v3.doc A-8 HOMEOWNERS ASSOCIATION AND ACCEPTED SUBJECT TO THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTIONS AND ENCLAVE AT TEMECULA LANE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 30, 2007 AS DOCUMENT NO. 2007-0353199, AND ANY OTHER AMENDMENTS THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("DECLARATION"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION AND THE MASTER DECLARATION, THE PROPERTY IS CONVEYED SUBJECT TO SUCH EASEMENTS IN FAVOR OF THE ASSOCIATION AND MASTER ASSOCIATION AS ARE NECESSARY TO PERFORM THE DUTIES AND OBLIGATIONS OF THE ASSOCIATION AND MASTER ASSOCIATION AND CERTAIN EASEMENTS RESERVED BY GRANTOR. GRANTEE, IN ACCEPTING THIS GRANT DEED AND THE CONVEYANCE HEREUNDER, DOES HEREBY AGREE, JOINTLY AND SEVERALLY, FOR THE BENEFIT OF THE ASSOCIATION AND MASTER ASSOCIATION AND EACH AND EVERY ONE OF THE OTHER MEMBERS OF THE ASSOCIATION AND MASTER ASSOCIATION, THAT GRANTEE WILL PROMPTLY, FULLY AND FAITHFULLY COMPLY WITH AND CONFORM TO THE DECLARATION AND MASTER DECLARATION AND THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION AND MASTER ASSOCIATION AND THE RULES AND ARCHITECTURAL GUIDELINES REFERENCED IN THE DECLARATION AND MASTER DECLARATION. IN PARTICULAR, GRANTEE DOES HEREBY AGREE, JOINTLY AND SEVERALLY, PROMPTLY TO PAY IN FULL ANY DUES, FEES OR ASSESSMENTS LEVIED BY THE ASSOCIATION AND MASTER ASSOCIATION ON THE MEMBERSHIPS CONVEYED HEREBY. THE OBLIGATIONS OF GRANTEE HEREIN SET FORTH SHALL BE COVENANTS RUNNING WITH THE PROPERTY IT BEING UNDERSTOOD THAT SAID MEMBERSHIP IN THE ASSOCIATION AND MASTER ASSOCIATION AND THE OBLIGATIONS THEREOF, WILL AUTOMATICALLY PASS TO GRANTEE'S SUCCESSOR IN TITLE IN THE PROPERTY OR OTHERWISE, AND SHALL BE BINDING UPON THE GRANTEES ABOVE NAMED, THEIR HEIRS, DEVISEES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS. THE PROPERTY IS ALSO CONVEYED AND ACCEPTED SUBJECT TO THAT CERTAIN NOTICE OF NON-ADVERSARIAL PROCEDURES UNDER CIVIL CODE SECTION 9120 SEPTEMBER 6, 2007 AS INSTRUMENT NO. 2007-0567808 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. THE GRANTEE HEREIN COVENANTS BY AND FOR ITSELF, HIS HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR THROUGH THEM, THAT THERE SHALL BE NO DISCRIMINATION AGAINST OR SEGREGATION OF, ANY PERSON OR GROUP OF PERSONS ON ACCOUNT OF SEX, MARITAL STATUS, RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, OR ANCESTRY IN THE SALE, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE LAND HEREIN CONVEYED OR THE IMPROVEMENTS THEREON OR TO BE CONSTRUCTED THEREON, NOR SHALL THE GRANTEE ITSELF OR ANY PERSON CLAIMING UNDER OR THROUGH THE GRANTEE, ESTABLISH OR PERMIT ANY 11086-0111\1135727v3.doc A-9 SUCH PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF TRANSFEREES OR VENDEES IN THE LAND HEREIN CONVEYED OR SUCH IMPROVEMENTS. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND. 11086-0111\1135727v3.doc A-10 EXHIBIT "B" FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: JHC Temecula Reflectins LLC. c/o Jamboree Housing Corporation 17901 Cowan Avenue, Suite 200 Irvine, California 92614 Attn: Lauren Archuleta APNS: Exempt from recording fees pursuant to California Government Code Section 27383. [SPACE ABOVE FOR RECORDER'S USE ONLY"] Documentary transfer taxes are based on the value of and consideration for the property conveyed, and shall be paid by Grantee. GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, a municipal corporation ("Grantor") hereby grants to JHC TEMECULA REFLECTIONS LLC, the land located in the City of Temecula, County of Riverside, State of California, more particularly described on "Exhibit A" attached hereto and incorporated herein by reference and all improvements and fixtures thereon. THE REAL PROPERTY CONVEYED HEREIN BY GRANTOR TO GRANTEE IS CONVEYED AND ACCEPTED SUBJECT TO ALL TAXES AND ASSESSMENTS, AND ALL EASEMENTS, RESERVATIONS IN PATENTS, RIGHTS OF WAY, ENCUMBRANCES, LIENS, COVENANTS, CONDITIONS, RESTRICTIONS, OBLIGATIONS AND LIABILITIES AS MAY APPEAR OF RECORD. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: June , 2009 CITY OF TEMECULA, a California municipal corporation By: Print Name: Title: 11086-0111\1135727v3.doc B-1 ACKNOWLEDGMENT State of California ) County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S Signature of Notary Public 11086-0111\1135727v3.doc B-2 EXHIBIT A to Grant Deed Legal Description of PropertX A CONDOMINIUM COMPRISED OF: PARCEL 1: AN UNDIVIDED 4/28th FEE SIMPLE INTEREST AS A TENANT IN COMMON IN THE COMMON AREA OF THE MODULE IN WHICH THE RESIDENTIAL UNIT IS LOCATED EQUAL TO THE RECIPROCAL OF THE NUMBER OF THE RESIDENTIAL UNITS LOCATED WITHIN SUCH MODULE, AS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN OF TEMECULA LANE (REFLECTIONS PHASE 1), RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON May 29, 2007 AS INSTRUMENT NO. 2007-0349669 ("CONDOMINIUM PLAN"), WHICH IS SITUATED WITHIN LOT 101, OF TRACT 31946, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER THAT TRACT MAP RECORDED IN BOOK 421, PAGE(S) 28 THROUGH 36 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ("MAP"). ALL DEFINED TERMS USED HEREIN SHALL HAVE THE MEANINGS SET FORTH IN THE DECLARATION REFERENCED BELOW AND THE CONDOMINIUM PLAN. PARCEL 2: RESIDENTIAL UNIT NO'S 1,8,9 AND 16, AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN. RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT OVER THE PORTIONS OF THE RESIDENTIAL UNIT DESIGNATED AS LIMITED ASSOCIATION MAINTENANCE AREAS AND ROOF MAINTENANCE AREAS IN THE CONDOMINIUM PLAN AND DECLARATION REFERRED TO BELOW AND ANY SUPPLEMENTARY DECLARATION, IF ANY. EXCEPTING FROM PARCELS 1 AND 2, ALL OIL, GAS, MINERAL AND HYDROCARBON RIGHTS BY WHATSOEVER NAME KNOWN, WITHOUT RIGHT OF SURFACE ENTRY AS MAY BE OF RECORD AS OF THE DATE HEREOF. AND EXCEPTING FROM PARCELS 1 AND 2, PURSUANT TO THAT CERTAIN MINERAL DEED CURRENTLY OF RECORD, ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR THE PROPERTY AND THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, 11086-0111\1135727v3.doc B-3 STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. RESERVING FROM PARCELS 1 AND 2, THE EASEMENT AND OTHER RIGHTS RESERVED IN FAVOR OF GRANTOR IN THE DECLARATION FOR MARKETING AND DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, SUBJECT TO ALL EXCLUSIVE USE EASEMENT AREAS, THE RIGHT OF GRANTOR TO MAINTAIN MARKETING UNITS IN THE CONDOMINIUMS OWNED BY GRANTOR, AS WELL AS THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES OFFICE AND MARKETING UNITS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER MARKETING MATERIALS WITHIN THE COMMON AREA AND1OR ASSOCIATION PROPERTY OF THE COMMUNITY-. FURTHER RESERVING FROM PARCELS 1 AND 2, FOR THE BENEFIT OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AN EASEMENT FOR INGRESS AND EGRESS, IN, ON, OVER, THROUGH AND ACROSS THE COMMON AREA AND/OR ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS THEREON. THE GRANTOR FURTHER RESERVES THE RIGHT TO PREVENT ACCESS OVER PORTIONS OF COMMON AREA AND/OR ASSOCIATION PROPERTY BY PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE COMMUNITY. HOWEVER, NO SUCH BARRIER SHALL PREVENT INGRESS OR EGRESS BY GRANTEE TO AND FROM ITS RESIDENTIAL UNIT. AND FURTHER RESERVING FROM PARCELS 1 AND 2, ALL EASEMENTS DESCRIBED IN THE DECLARATION AND MASTER DECLARATION DESCRIBED BELOW, THE CONDOMINIUM PLAN, THE MAP OF RECORD REFERENCED ABOVE, AND ALL OTHER EASEMENTS OF RECORD. PARCEL 3: AN EXCLUSIVE USE EASEMENT OVER THE PORTION OF THE ASSOCIATION PROPERTY DESIGNATED AS EXCLUSIVE USE DRIVEWAYS IN THE CONDOMINIUM PLAN AS BEING APPURTENANT TO THE RESIDENTIAL UNIT DESCRIBED ABOVE, IF ANY. PARCEL 4: 11086-0111\1135727v3.doc B-4 AN EXCLUSIVE EASEMENT OVER A PORTION OF THE ASSOCIATION PROPERTY, AS SHOWN ON THE CONDOMINIUM PLAN AS AN EXCLUSIVE USE PARKING SPACE APPURTENANT TO PARCEL 2 ABOVE. PARCEL 5: A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS ON, OVER, THROUGH AND ACROSS ROADWAY MODULE A, AS SHOWN ON THE CONDOMINIUM PLAN. PARCEL 6: A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE ASSOCIATION PROPERTY SHOWN ON THE CONDOMINIUM PLAN AND OVER, IN, TO AND THROUGHOUT THE ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENTS ARE APPURTENANT TO PARCELS 1 AND 2 DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS OF THE DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO BE SUBJECT TO THE DECLARATION, AND (II) CONVEYANCE OF THE FIRST CONDOMINIUM IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN THE DECLARATION. THE ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN COVERING EACH SUCH PHASE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON- EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON- EXCLUSIVE EASEMENTS RESERVED IN THE DECLARATION, THE CONDOMINIUM PLAN, AND THIS GRANT DEED. PARCEL 7: A NON-EXCLUSIVE EASEMENT ON OVER, THROUGH, UNDER AND ACROSS, LOTS C THROUGH M, INCLUSIVE, OF THE MAP, FOR ACCESS INGRESS OR EGRESS. PARCEL 8: A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE MASTER ASSOCIATION PROPERTY AND OVER, IN, TO AND THROUGHOUT THE MASTER ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY DESCRIBED IN THE MASTER DECLARATION, WHICH EASEMENTS ARE APPURTENANT TO PARCEL 1 DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS OF THE MASTER DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO BE SUBJECT TO THE MASTER DECLARATION, AND (II) CONVEYANCE OF THE FIRST RESIDENTIAL LOT IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN THE MASTER DECLARATION. THE MASTER ASSOCIATION PROPERTY 11086-0111\1135727v3.doc B-5 REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE DESCRIBED ON THE SUPPLEMENTARY DECLARATION COVERING EACH SUCH PHASE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON-EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON-EXCLUSIVE EASEMENTS RESERVED IN THE MASTER DECLARATION AND THIS GRANT DEED. THE REAL PROPERTY CONVEYED IN THIS GRANT DEED (THE "PROPERTY") IS CONVEYED TOGETHER WITH A MEMBERSHIP IN THE TEMECULA LANE HOMEOWNERS ASSOCIATION ("MASTER ASSOCIATION") AND ACCEPTED SUBJECT TO THAT CERTAIN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE TEMECULA LANE MASTER COMMUNITY RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 25, 2007 AS DOCUMENT NO. 2007-0346781 AND ANY AMENDMENT THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("MASTER DECLARATION") AND A MEMBERSHIP IN THE REFLECTIONS AND ENCLAVE AT TEMECULA LANE HOMEOWNERS ASSOCIATION AND ACCEPTED SUBJECT TO THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTIONS AND ENCLAVE AT TEMECULA LANE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 30, 2007 AS DOCUMENT NO. 2007-0353199, AND ANY OTHER AMENDMENTS THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("DECLARATION"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION AND THE MASTER DECLARATION, THE PROPERTY- IS CONVEYED SUBJECT TO SUCH EASEMENTS IN FAVOR OF THE ASSOCIATION AND MASTER ASSOCIATION AS ARE NECESSARY TO PERFORM THE DUTIES AND OBLIGATIONS OF THE ASSOCIATION AND MASTER ASSOCIATION AND CERTAIN EASEMENTS RESERVED BY GRANTOR. GRANTEE, IN ACCEPTING THIS GRANT DEED AND THE CONVEYANCE HEREUNDER, DOES HEREBY AGREE, JOINTLY AND SEVERALLY, FOR THE BENEFIT OF THE ASSOCIATION AND MASTER ASSOCIATION AND EACH AND EVERY ONE OF THE OTHER MEMBERS OF THE ASSOCIATION AND MASTER ASSOCIATION, THAT GRANTEE WILL PROMPTLY, FULLY AND FAITHFULLY COMPLY WITH AND CONFORM TO THE DECLARATION AND MASTER DECLARATION AND THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION AND MASTER ASSOCIATION AND THE RULES AND ARCHITECTURAL GUIDELINES REFERENCED IN THE DECLARATION AND MASTER DECLARATION. IN PARTICULAR, GRANTEE DOES HEREBY AGREE, JOINTLY AND SEVERALLY, PROMPTLY TO PAY IN FULL ANY DUES, FEES OR ASSESSMENTS LEVIED BY THE ASSOCIATION AND MASTER ASSOCIATION ON THE MEMBERSHIPS CONVEYED HEREBY. THE OBLIGATIONS OF GRANTEE HEREIN SET FORTH SHALL BE COVENANTS RUNNING WITH THE PROPERTY IT BEING UNDERSTOOD THAT SAID MEMBERSHIP IN THE ASSOCIATION AND MASTER ASSOCIATION AND THE OBLIGATIONS THEREOF, WILL AUTOMATICALLY PASS TO GRANTEE'S SUCCESSOR IN TITLE IN THE PROPERTY OR OTHERWISE, AND SHALL BE BINDING UPON THE GRANTEES ABOVE NAMED, THEIR HEIRS, DEVISEES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS. 11086-0111\1135727v3.doc B-6 THE PROPERTY IS ALSO CONVEYED AND ACCEPTED SUBJECT TO THAT CERTAIN NOTICE OF NON-ADVERSARIAL PROCEDURES UNDER CIVIL CODE SECTION 9120 SEPTEMBER 6, 2007 AS INSTRUMENT NO. 2007-0512606 OFFICIAL RECORDS OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, AND ANY AMENDMENTS THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("NOTICE"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. THE GRANTEE HEREIN COVENANTS BY AND FOR ITSELF, HIS HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR THROUGH THEM, THAT THERE SHALL BE NO DISCRIMINATION AGAINST OR SEGREGATION OF, ANY PERSON OR GROUP OF PERSONS ON ACCOUNT OF SEX, MARITAL STATUS, RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, OR ANCESTRY IN THE SALE, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE LAND HEREIN CONVEYED OR THE IMPROVEMENTS THEREON OR TO BE CONSTRUCTED THEREON, NOR SHALL THE GRANTEE ITSELF OR ANY PERSON CLAIMING UNDER OR THROUGH THE GRANTEE, ESTABLISH OR PERMIT ANY SUCH PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF TRANSFEREES OR VENDEES IN THE LAND HEREIN CONVEYED OR SUCH IMPROVEMENTS. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND. (Phase 2) A CONDOMINIUM COMPRISED OF: PARCEL 1: AN UNDIVIDED 7/28th FEE SIMPLE INTEREST AS A TENANT IN COMMON IN THE COMMON AREA OF THE MODULE IN WHICH THE RESIDENTIAL UNIT IS LOCATED, AS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN OF TEMECULA LANE (REFLECTIONS PHASE 2), RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON July 23, 2007 AS INSTRUMENT NO. 2007-0476363 ("CONDOMINIUM PLAN"), WHICH IS SITUATED WITHIN LOT 101, OF TRACT 31946, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER THAT TRACT MAP RECORDED IN BOOK 421, PAGE(S) 28 THROUGH 36 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ("MAP"). ALL DEFINED TERMS USED HEREIN SHALL HAVE THE MEANINGS SET FORTH IN THE DECLARATION REFERENCED BELOW AND THE CONDOMINIUM PLAN. PARCEL 2: RESIDENTIAL UNIT NO. 221,225,228,229,232,233 AND 236, AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN. RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT OVER THE PORTIONS OF THE RESIDENTIAL UNIT DESIGNATED AS LIMITED ASSOCIATION MAINTENANCE 11086-011 1\1 135727v3.doe B-7 AREAS AND ROOF MAINTENANCE AREAS IN THE CONDOMINIUM PLAN AND DECLARATION REFERRED TO BELOW AND ANY SUPPLEMENTARY DECLARATION, IF ANY. EXCEPTING FROM PARCELS 1 AND 2, ALL OIL, GAS, MINERAL AND HYDROCARBON RIGHTS BY WHATSOEVER NAME KNOWN, WITHOUT RIGHT OF SURFACE ENTRY AS MAY BE OF RECORD AS OF THE DATE HEREOF. AND EXCEPTING FROM PARCELS 1 AND 2, PURSUANT TO THAT CERTAIN MINERAL DEED CURRENTLY OF RECORD, ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR THE PROPERTY AND THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. RESERVING FROM PARCELS 1 AND 2, THE EASEMENT AND OTHER RIGHTS RESERVED IN FAVOR OF GRANTOR IN THE DECLARATION FOR MARKETING AND DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, SUBJECT TO ALL EXCLUSIVE USE EASEMENT AREAS, THE RIGHT OF GRANTOR TO MAINTAIN MARKETING UNITS IN THE CONDOMINIUMS OWNED BY GRANTOR, AS WELL AS THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES OFFICE AND MARKETING UNITS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER MARKETING MATERIALS WITHIN THE COMMON AREA AND\OR ASSOCIATION PROPERTY OF THE COMMUNITY. FURTHER RESERVING FROM PARCELS 1 AND 2, FOR THE BENEFIT OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AN EASEMENT FOR INGRESS AND EGRESS, IN, ON, OVER, THROUGH AND ACROSS THE COMMON AREA AND/OR ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS THEREON. THE GRANTOR FURTHER RESERVES THE RIGHT TO PREVENT ACCESS OVER PORTIONS OF COMMON AREA AND/OR ASSOCIATION PROPERTY BY PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE COMMUNITY. HOWEVER, NO SUCH BARRIER SHALL PREVENT INGRESS OR EGRESS BY GRANTEE TO AND FROM ITS RESIDENTIAL UNIT. 11086-0111\1135727v3.doc B-8 AND FURTHER RESERVING FROM PARCELS 1 AND 2, ALL EASEMENTS DESCRIBED IN THE DECLARATION AND MASTER DECLARATION DESCRIBED BELOW, THE CONDOMINIUM PLAN, THE MAP OF RECORD REFERENCED ABOVE, AND ALL OTHER EASEMENTS OF RECORD. PARCEL 3: AN EXCLUSIVE USE EASEMENT OVER THE PORTION OF THE ASSOCIATION PROPERTY DESIGNATED AS EXCLUSIVE USE DRIVEWAYS IN THE CONDOMINIUM PLAN AS BEING APPURTENANT TO THE RESIDENTIAL UNIT DESCRIBED ABOVE, IF ANY. PARCEL 4: AN EXCLUSIVE EASEMENT OVER A PORTION OF THE ASSOCIATION PROPERTY, AS SHOWN ON THE CONDOMINIUM PLAN AS AN EXCLUSIVE USE PARKING SPACE APPURTENANT TO PARCEL 2 ABOVE. PARCEL 5: A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS ON, OVER, THROUGH AND ACROSS ROADWAY MODULE A, AS SHOWN ON THE CONDOMINIUM PLAN. PARCEL & A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE ASSOCIATION PROPERTY SHOWN ON THE CONDOMINIUM PLAN AND OVER, IN, TO AND THROUGHOUT THE ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENTS ARE APPURTENANT TO PARCELS 1 AND 2 DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS OF THE DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO BE SUBJECT TO THE DECLARATION, AND (II) CONVEYANCE OF THE FIRST CONDOMINIUM IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN THE DECLARATION. THE ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN COVERING EACH SUCH PHASE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON- EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON- EXCLUSIVE EASEMENTS RESERVED IN THE DECLARATION, THE CONDOMINIUM PLAN, AND THIS GRANT DEED. PARCEL 7: A NON-EXCLUSIVE EASEMENT ON OVER, THROUGH, UNDER AND ACROSS, LOTS C THROUGH M, INCLUSIVE, OF THE MAP, FOR ACCESS INGRESS OR EGRESS. 11086-0111\1135727v3.doc B-9 PARCEL & A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE MASTER ASSOCIATION PROPERTY AND OVER, IN, TO AND THROUGHOUT THE MASTER ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY DESCRIBED IN THE MASTER DECLARATION, WHICH EASEMENTS ARE APPURTENANT TO PARCEL I DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS OF THE MASTER DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO BE SUBJECT TO THE MASTER DECLARATION, AND (II) CONVEYANCE OF THE FIRST RESIDENTIAL LOT IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN THE MASTER DECLARATION. THE MASTER ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE DESCRIBED ON THE SUPPLEMENTARY DECLARATION COVERING EACH SUCH PHASE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON-EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON-EXCLUSIVE EASEMENTS RESERVED IN THE MASTER DECLARATION AND THIS GRANT DEED. THE REAL PROPERTY CONVEYED IN THIS GRANT DEED (THE "PROPERTY") IS CONVEYED TOGETHER WITH A MEMBERSHIP IN THE TEMECULA LANE HOMEOWNERS ASSOCIATION ("MASTER ASSOCIATION") AND ACCEPTED SUBJECT TO THAT CERTAIN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE TEMECULA LANE MASTER COMMUNITY RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 25, 2007 AS DOCUMENT NO. 2007-0346781 AND ANY AMENDMENT THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("MASTER DECLARATION") AND A MEMBERSHIP IN THE REFLECTIONS AND ENCLAVE AT TEMECULA LANE HOMEOWNERS ASSOCIATION AND ACCEPTED SUBJECT TO THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTIONS AND ENCLAVE AT TEMECULA LANE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 30, 2007 AS DOCUMENT NO. 2007-0353199, AND ANY OTHER AMENDMENTS THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("DECLARATION"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION AND THE MASTER DECLARATION, THE PROPERTY IS CONVEYED SUBJECT TO SUCH EASEMENTS IN FAVOR OF THE ASSOCIATION AND MASTER ASSOCIATION AS ARE NECESSARY TO PERFORM THE DUTIES AND OBLIGATIONS OF THE ASSOCIATION AND MASTER ASSOCIATION AND CERTAIN EASEMENTS RESERVED BY GRANTOR. GRANTEE, IN ACCEPTING THIS GRANT DEED AND THE CONVEYANCE HEREUNDER, DOES HEREBY AGREE, JOINTLY AND SEVERALLY, FOR THE BENEFIT OF THE ASSOCIATION AND MASTER ASSOCIATION AND EACH AND EVERY ONE OF THE OTHER MEMBERS OF THE ASSOCIATION AND MASTER ASSOCIATION, THAT GRANTEE WILL PROMPTLY, FULLY AND FAITHFULLY 11086-011 1\1135727v3.doc B-10 COMPLY WITH AND CONFORM TO THE DECLARATION AND MASTER DECLARATION AND THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION AND MASTER ASSOCIATION AND THE RULES AND ARCHITECTURAL GUIDELINES REFERENCED IN THE DECLARATION AND MASTER DECLARATION. IN PARTICULAR, GRANTEE DOES HEREBY AGREE, JOINTLY AND SEVERALLY, PROMPTLY TO PAY IN FULL ANY DUES, FEES OR ASSESSMENTS LEVIED BY THE ASSOCIATION AND MASTER ASSOCIATION ON THE MEMBERSHIPS CONVEYED HEREBY. THE OBLIGATIONS OF GRANTEE HEREIN SET FORTH SHALL BE COVENANTS RUNNING WITH THE PROPERTY IT BEING UNDERSTOOD THAT SAID MEMBERSHIP IN THE ASSOCIATION AND MASTER ASSOCIATION AND THE OBLIGATIONS THEREOF, WILL AUTOMATICALLY PASS TO GRANTEE'S SUCCESSOR IN TITLE IN THE PROPERTY OR OTHERWISE, AND SHALL BE BINDING UPON THE GRANTEES ABOVE NAMED, THEIR HEIRS, DEVISEES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS. THE PROPERTY IS ALSO CONVEYED AND ACCEPTED SUBJECT TO THAT CERTAIN NOTICE OF NON-ADVERSARIAL PROCEDURES UNDER CIVIL CODE SECTION 9120 SEPTEMBER 6, 2007 AS INSTRUMENT NO. 2007-0567808 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. CALIFORNIA. THE GRANTEE HEREIN COVENANTS BY AND FOR ITSELF, HIS HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR THROUGH THEM, THAT THERE SHALL BE NO DISCRIMINATION AGAINST OR SEGREGATION OF, ANY PERSON OR GROUP OF PERSONS ON ACCOUNT OF SEX, MARITAL STATUS, RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, OR ANCESTRY IN THE SALE, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE LAND HEREIN CONVEYED OR THE IMPROVEMENTS THEREON OR TO BE CONSTRUCTED THEREON, NOR SHALL THE GRANTEE ITSELF OR ANY PERSON CLAIMING UNDER OR THROUGH THE GRANTEE, ESTABLISH OR PERMIT ANY SUCH PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF TRANSFEREES OR VENDEES IN THE LAND HEREIN CONVEYED OR SUCH IMPROVEMENTS. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND. 11086-011 1\1135727v3.doc B-11 EXHIBIT "C" FORM OF REGULATORY AGREEMENT (Attached.) 11086-0111\1135727v3.doc C-1 KEYSER MARSTON ASSOCIATES ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT MEMORANDUM REAL IS] Al I To: Luke Watson Management Assistant REDEVELOPMENT , AFFORDABLE HOUSING City of Temecula ECONOMIC DEVELOPMENT S,\ . 11..,N( IS<" From: KEYSER MARSTON ASSOCIATES, INC. A. JERRY KEYSER TIMUEHYC. KELL1' KAEE LARLE FUNK Date: April 29, 2009 DEBBIE M. KERN ROBERT I. WEIMORL REED I". KAWAFIARA Subject: Review of Proposed Affordable Housing Transaction Lc.:1K1ILJ Reflections at Temecula Lane KATHLEEN 11. HEAD JAh1ES A. RABE PAUL C. ANDERSON GREGORY[-). So()-[ 100 I. INTRODUCTION KEVIN E. ENDS FROM JULIE L. ROMFY DENISE BECKERSTAFF Per your request, Keyser Marston Associates, Inc. (KMA) has reviewed the proposed DII , transaction between the City of Temecula (City) and JHC Acquisitions LLC (Owner), an GLRALD M. TRIMBLL affiliate of Jamboree Housing Corporation. It is the KMA understanding that the City will PAUL MARRA consider a Purchase and Sale Agreement and Regulatory Agreement (Agreements) that provide for the following key transaction terms: • The City will acquire from Continental Residential, Inc. 11 completed townhome units within the Reflections neighborhood of the Temecula Lane development and reconvey the townhomes to the Owner for a purchase price of $200,000. • The Owner agrees to operate the units as rental housing restricted to occupancy by Very Low Income households for a period of 55 years. As background, on January 16, 2009, the City issued a Request for Proposals (RFP) for Ownership and Operation of 11 Affordable Housing Units in the Temecula Lane Development. Of the six responses received by the City, the Jamboree Housing Corporation proposal offered the highest purchase price to the City. You have requested that KMA review the proposed transaction terms and opine whether the Owner is paying fair market value taking into account the conditions, covenants, and restrictions imposed by the Agreements with the City. 1660 HOTEL CIRCLE NORTFI, SUITE 716 > SAN DIEGO. CALIFORNIA 92108 > PIIONE: 619 7189500 > FAX: 619 7189508 09063ndh W W W. K EYS E RM A RSTON.COM 19545.026.017 To: Luke Watson, Management Assistant April 29, 2009 Subject: Review of Proposed Affordable Housing Transaction Page 2 Reflections at Temecula Lane II. FINDING It is the KMA conclusion that the 11 townhome units (Development) have a current fair market value of $177,000 after taking into account the conditions, covenants, and restrictions imposed by the Agreements with the City. Under the terms of the proposed Purchase and Sale Agreement, the Owner will pay a purchase price of $200,000, which exceeds the KMA finding of value by 13%. III. METHOD OF ANALYSIS Achievable Rent The 11 units will be restricted to Very Low Income households, i.e., households earning less than 50% of Area Median Income (AMI) for 55 years. Based on 2009 income limits from the State Department of Housing and Community Development (HCD), the maximum gross monthly rent for a two-bedroom unit at 50% AMI is $726. After deducting a monthly utility allowance of $160 per unit, the maximum monthly rent that the Owner can charge is $566 per unit (2009 dollars). Operating Expenses The Owner will be responsible for all operating expenses, including property management, maintenance and repairs, reserves, insurance and accounting, lease-up and turnover costs, property assessments, and other overhead. In addition, the Owner will be responsible for the monthly Homeowners Association (HOA) dues of $184 per unit per month. KMA estimates total operating expenses, inclusive of the HOA dues, on the order of $5,000 per unit per year. Annual NOt Based on the above assumptions, the Owner can anticipate annual net operating income (NOI) at stabilization of approximately $16,000, as follows (rounded figures): Gross Annual Revenue (Less) Vacancy/Bad Debt Effective Gross Income (EGI) (Less) Operating Expenses Net Operating Income (NOI) 11 units @ $566/month 5% allowance $5,000/unit/year $74,700 ($3,700) $71,000 ($55,000) $16,000 09063ndh 19545.026.017 To: Luke Watson, Management Assistant April 29, 2009 Subject: Review of Proposed Affordable Housing Transaction Page 3 Reflections at Temecula Lane Capitalized Value The value of the 11 units subject to the City's rent and income restrictions can be determined based on capitalizing the projected NOI. Recent capitalization rates for multi-family apartments in Southern California have been in the 5% to 7% range. Using a typical cap rate of 6%, KMA estimates the total fair market value of the Development, once placed in service, to be $267,000, as follows: Projected Annual NOI $16,000 Cap Rate 6.0% Capitalized Value (rounded) $267,000 Costs Incurred by Owner Lastly, it is necessary to consider the upfront costs that will be incurred by the Owner to complete the transaction with the City and place the Development in service. These include: installation of refrigerators, legal and accounting, operating reserve, marketing and lease-up, and other start-up costs. On a preliminary basis, KMA estimates these costs to total $90,000. On this basis, then, the net value of the Development is estimated to be $177,000, i.e., total value of $267,000 less Owner costs of $90,000. IV. LIMITING CONDITIONS The valuation estimates contained in this memorandum assume compliance with the following assumptions: 1. The analysis contained in this document is based, in part, on data from secondary sources such as state and local government, planning agencies, real estate brokers, and other third parties. While KMA believes that these sources are reliable, we cannot guarantee their accuracy. 2. Any estimates of development costs, and/or income and expense projections, in this evaluation are based on the best available project-specific data as well as the experiences of similar projects. They are not intended to be predictions of the future for the specific project. No warranty or representation is made that any of these estimates or projections will actually materialize. 3. It has been assumed that the value of the Development will not be impacted by the presence of any soils, toxic, or hazardous conditions that require remediation. Additionally, it is assumed that perceived toxic conditions (if any) on surrounding properties will not affect the value of the Development. 09063ndh 19545.026.017 To: Luke Watson, Management Assistant April 29, 2009 Subject: Review of Proposed Affordable Housing Transaction Page 4 Reflections at Temecula Lane 4. The title of the property is good and marketable; no title search has been made, nor have we attempted to determine the ownership of the property. The value estimates are given without regard to any questions of title, boundaries, encumbrances, liens or encroachments. It is assumed that all assessments, if any, are paid. 5. The Development will be in conformance with the applicable zoning and building ordinances. 6. Both parties are well informed and well advised and each is acting prudently in what he/she considers his/her own best interest. 7. The preparer is not required to give testimony or appear in court because of having made this value estimate with reference to the property in question, unless arrangements have been made previously. 09063ndh 19545.026.017 ITEM NO. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: May 26, 2009 SUBJECT: Award a Construction Contract for the Citywide Slurry Seal Project FY2008-09, Paloma Del Sol Area & Temeku Hills Area, Project No. PW09-01 PREPARED BY: Mayra De La Torre, Senior Engineer- CIP Chris White, Assistant Engineer - CIP RECOMMENDATION: That the City Council: Award a construction contract for Project No. PW09-01, Citywide Slurry Seal Project FY2008-09, Paloma Del Sol Area & Temeku Hills Area, to Pavement Coatings Company in the amount of $323,817.17. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $32,381.72 which is equal to 10% of the contract amount. BACKGROUND: The Citywide Slurry Seal Project FY2008-09, is an annual project that will utilize a Rubberized Emulsion Aggregate Slurry (REAS) to seal the roadways in the project area against water intrusion and help protect the asphalt concrete pavement wearing surface. Ideally, slurry seal is applied every five to seven years to prolong pavement life and delay more costly rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Slurry sealing involves cleaning and sealing the existing cracks on the roadway surface, applying the REAS, and restoring pavement delineation. On March 24, 2009, the City Council approved the Plans and Specifications and authorized staff to solicit construction bids. On Tuesday, May 5, 2009, seven bids were opened and publicly read aloud. The results were as follows: 1. Pavement Coatings Company $ 323,817.17 2. American Asphalt South $ 335,489.76 3. All American Asphalt $ 383,799.00 4. Roy Allan Slurry Seal Company $ 480,147.07 5. Doug Martin Contracting Company $ 501,204.98 6. Valley Slurry Seal $ 523,809.08 7. Bond Blacktop $ 706,806.25 Staff has reviewed the bids and found Pavement Coatings Company to be the lowest responsible bidder. Pavement Coatings Company has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. The Engineer's Estimate for the work was $472,000. The specifications allows for a work schedule of 30 working days. FISCAL IMPACT: The Citywide Slurry Seal Project FY2008-09 is funded with General Fund, Public Works Maintenance budget. Adequate funds are available in Account No. 001-164- 601-5402, Routine Street Maintenance, to cover the requested budget of $356,198.89, which includes the $323,817.71 contract plus the $32,381.72 contingency. ATTACHMENTS 1. Slurry Seal List (2 pages) 2. Contract PW09-01 CITYWIDE SLURRY SEAL PROJECT STREET LENGTH PAVING AREA MILES GENERAL PLAN WIDTH C LASSIFICATION ASHBURN RD 720.05 28,801.87 0.14 40 L OCAL BALATA DR 682.61 27,304.35 0.13 40 L OCAL BELLERIVE CT 140.80 5,631.87 0.03 40 L OCAL BOGEY WY 165.63 6,625.16 0.03 40 L OCAL BRANFORDDR 1,032.81 41,312.33 0.20 40 L OCAL BRASSIE LN 2,378.07 95,122.60 0.45 40 L OCAL BUNKER DR 1,373.64 64,945.67 0.26 40 L OCAL CALA GERONA 833.69 30,012.85 0.16 36 L OCAL CALA TORRENTS 1,093.89 39,380.08 0.21 36 L OCAL CALLE AVELLA 527.04 18,973.34 0.10 36 LOCAL CALLE BALAREZA 2,118.69 76,272.67 0.40 36 LOCAL CALLE BALMEZ 573.43 20,643.63 0.11 36 LOCAL CALLECABALLOS 1,127.95 40,606.31 0.21 36 LOCAL CALLE CARABANA 1,069.95 39,238.33 0.21 36 LOCAL CALLE GALARZA 804.94 28,977.74 0.15 36 LOCAL. CALLE LONDE 693.42 24,963.28 0.13 36 LOCAL CALLE MATARO 1,015.74 36,566.80 0.19 36 LOCAL CALL.E RRAS 582.96 20,986.55 0.11 36 COLLECTOR CALLE SANDOR 466.47 16,79294 0.09 36 LOCAL CAMINOALAGON 1,132.45 40,76829 021 36 LOCAL CAMINO CALIARI 1,307.39 47,066.12 0.25 36 LOCAL CAMINO CARUNA 1,495.93 53,853.63 0.28 36 LOCAL CAMINO GALLEGOS 689.02 - 21,204.64 0.11 36 LOCAL CAMINO HERENCIA 1,402.28 50,482.05 0.27 36 LOCAL CAMINO MOLNAR 810.35 29,172.74 0.15 36 LOCAL CAMINORABAGO 1,196.96 43,173.98 0.23 36 LOCAL CORTEARGENTO 1,13213 40,756.81 021 36 LOCAL CORTE ASTORGA 46277 16,659.64 . 0.09 36 LOCAL CORTE CARDOZA 788.08 28,370.76 0.15 36 LOCAL CORTE CARMONA 1,328.17 47,813.98 0.25 36 LOCAL CORTE DAVILA 383.32 13,799.44 0.07 36 LOCAL CORTE OURAZO 303.64 10,931.05 0.06 36 LOCAL CORTE ESCOBAR 594.87 21,415.22 0.11 36 LOCAL CORTE GARDANO 767.69 27,636.71 0.15 36 LOCAL CORTE ILLORA 862.85 31,06265 0.16 36 LOCAL CORTE LLAMAS 170.14 6,125.02 0.03 36 LOCAL CORTE SPARKMAN 557.99 20,087.68 0.11 36 LOCAL CORTE LITNEHMER 47624 17.144.63 0.09 36 LOCAL CORTE VILLENA 300.87 10,831.39 0.06 36 LOCAL CRYSTALAIRE DR 2,542.07 101,682.64 0.46 40 NO CLASSIFICATION ASSIGNED DOG LEG CIR 438.00 17,519.91 0.08 40 LOCAL DRIVER LN 1,059.82 42,392.72 020 40 LOCAL EAGLE CT 309.55 12,382.07 0.06 40 LOCAL FORE WY 188.36 7,534.33 0.04 40 LOCAL HONORS DR 3,935.34 173,164.73 0.75 44 COLLECTOR IRON CIR 597.27 23,890.73 0.11 40 LOCAL LEENAWY 1,507.65 64,275.38 0.29 36 COLLECTOR LINKS CT 715.68 28,627.19 0.14 40 LOCAL MASHIE WY 804.62 32,164.62 0.15 40 LOCAL MCCABE DR 1,914.99 68,939.45 0.36 36 COLLECTOR MEDINAH WY 1,05426 42,170.23 020 40 LOCAL NASSAU CT 579.33 23,173.24 0.11 40 LOCAL NIBLICK RD 1,471.61 58,864.22 H 0.28 40 LOCAL PIO PICO RD 1,351.09 48,639.26 026 36 COLLECTOR POINT WOODS CT 543.98 21,759.32 0.10 40 LOCAL PUTTER CIR 510.42 20,416.96 0.10 40 LOCAL ROUGH WY 150.19 6,007.74 0.03 40 LOCAL SOUTHERN HILLS DR 844.16 33,766.45 0.16 40 LOCAL SPOON CIR 148.61 5,944.60 0.03 - 40 LOCAL TEE DR - 324.51 14,278.57 0.06 44 COLLECTOR VARDON DR 1,636.27 65,450.96 0.31 40 LOCAL VIAALLRIZO 250.01 9,000.22 0.05 36 COLLECTOR VIA ARIAS 616.71 22,201.5 3 0.12 36 LOCAL VIA ARNEDO 268.31 9,659.24 0.05 36 LOCAL VIA BANDE 622.52 22,410.54 0.12 36 LOCAL VIA MARANO 796.11 28,659.97 0.15 36 LOCAL VIABONILLA 886.79 31,924.43 0.17 36 LOCAL VIA CANDELEDA 845.01 30,420.26 0.16 36 LOCAL VIA CAVALO 296.38 10,669.59 0.06 36 LOCAL VIA CESARIO 704.39 25,358.02 0.13 36 LOCAL VIACIRILLO 287.86 10,362.82 0.05 36 LOCAL VIA CORDARO 260.68 9,384.56 0.05 36 LOCAL VIA DEANDA 218.33 7,859.89 0.04 36 LOCAL VIA FLORE 422.26 15,201.19 0.08 36 LOCAL VIA JASSO 215.92 7,773.03 0.04 36 LOCAL VIA JUMILLA 806.14 29,020.92 0.15 36 LOCAL VIA MEJIA 181.16 6,521.93 0.03 36 LOCAL VIA MONTALBAN 703.88 25,339.72 0.13 36 LOCAL VIA NAYA 190.39 6,853.86 0.04 36 LOCAL VIA POLA 184.46 6,640.43 0.03 36 COLLECTOR VIA RAMOS 286.43 10,311.41 0.05 36 LOCAL VIA RAZO 186.55 6,715.91 0.04 36 LOCAL VIA SAJO 185.04 6,661.32 0.04 36 LOCAL VIA TAMARITE 227.34 8,184.18 0.04 36 COLLECTOR VIA VELIS 182.99 6,587.50 0.03 36 COLLECTOR WEDGE WY 490.41 19,616.33 0.09 40 LOCAL 66,430.75 2,507,908.72 12.58 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW09-01 CITYWIDE SLURRY SEAL PROJECT FY 2008-09 THIS CONTRACT, made and entered into the 26th day of May, 2009 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Pavement Coatings Company, hereinafter referred to as "CONTRACTOR." WITN ESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW09-01, CITYWIDE SLURRY SEAL PROJECT FY 2008-09, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW09-01, CITYWIDE SLURRY SEAL PROJECT FY 2008-09. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW09-01, CITYWIDE SLURRY SEAL PROJECT FY 2008-09. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW09-01, CITYWIDE SLURRY SEAL PROJECT FY 2008-09 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED SEVENTEEN DOLLARS and SEVENTEEN CENTS 323,817.17), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, as approved by the Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per 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 Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents. and to the CITY addressed as follows: Mailing Address: Street Address: Greg Butler Greg Butler Director of Public Works Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Pavement Coatings Company 10240 San Sevaine Way Mira Loma, Ca. 90630 (714) 826-3011 By: Doug Ford President By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney ITEM NO. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: May 26, 2009 SUBJECT: Water System Grant Deed and Water System Construction Agreement with Rancho California Water District for Water Facilities Associated with Pechanga Parkway Ph II Street Improvements; PW99-11 PREPARED BY: Amer Attar, Principal Engineer - CIP Mayra De La Torre, Senior Engineer- CIP RECOMMENDATION: That the City Council: 1. Approve a Water System Grant Deed with Rancho California Water District thereby transferring all rights, title and interests on specific portions of the water system improvements to be constructed as part of Pechanga Parkway Ph II Street Improvements to the District and authorize the City Manager to execute the Deed. 2. Approve a Water System Construction Agreement with Rancho California Water District (RCWD) and authorize the City Manager to execute the Agreement. BACKGROUND: On April 22, 2008, the City Council awarded a construction contract for the Pechanga Parkway Phase II Street Improvement Project, PW99-11 (Federal Project No. PLHL- 5459(014)). This project is under construction and will widen Pechanga Parkway to its ultimate width from Temecula Parkway to Pechanga Road. More specifically, this project includes asphalt pavement, curb & gutter, sidewalk, landscaped medians, minor drainage facilities, waterline, traffic signals and striping for easier access to and from Redhawk, Wolf Creek and the Pechanga Casino. Two (2) - 2" service laterals (for Points of Connections A and B) are required to be installed under the contract and will tie into RCWD facilities. Point of Connection A is along the east side of Pechanga Parkway, just south of Loma Linda Road. Point of Connection B is along the north side of Wolf Creek Drive South, just east of Pechanga Parkway. As a requirement of new development and a prerequisite to obtaining water service, RCWD requires the City to execute a Water System Grant Deed and an Agreement for any portion of the water facilities constructed by the new development to be owned and maintained by RCWD. The purpose of the Water System Grant Deed is to transfer all rights, title, and interest in the water improvements constructed as part of this project and designated to become part of the District's water conveyance system. The Water System Construction Agreement establishes the obligations and responsibilities of the City and RCWD relative to our proposed changes to their water system and outlines how water service will be provided to the Pechanga Parkway Ph II Street Improvements project. FISCAL IMPACT: None. ATTACHMENTS: 1. Water System Grant Deed 2. Water System Construction Agreement [Project No.: 111500 J WATER SYSTEM GRANT DEED FOR VALUABLE CONSIDERATION paid and received, City of Temecula ("Developer") hereby grant(s) to Rancho California Water District all rights, title, and interest in the water system improvements for the entire domestic water system facilities for the development referenced with records of the County of Riverside, State of California as Pechanga Parkway and Wolf Creek Drive South - Public Right-of-Ways , and agrees to indemnify the District for any and all claims, liens, causes of action, or any type of liability arising from or in any way related to the construction of said facilities. Said water system improvements are shown in detail on the construction drawings (sheet 3 of 9 [E15631 and sheet 3 of 4 fE12861) for said development. See attached Exhibits "A" and "B." This Grant Deed is in accordance with Section 6 of the Water System Agreement between Rancho California Water District and the City of Temecula , dated May 26, 2009, and is effective upon Developer providing the Unconditional Lien Waiver and Release and upon filing of the Notice of Completion by the District for the aforementioned water system improvements. SELLERS, on behalf of his heirs, executors, and administrators, covenants and agrees to warrant and defend this sale of property, goods, and chattels against all and every persons claiming the same. SIGNED AND SEALED this day of (SEAL AND NOTARIAL ACKNOWLEDGMENT OF DEED) Principal (SEAL) Name: Shawn D. Nelson Title: City Manager Signature: ATTEST: Susan W. Jones, MMC, City Clerk Approved as to Form: Peter M. Thorson, City Attorney Administration Committee 11/25/08 APPENDIX CIS" EXHIBIT "A" Bob-7~ 343 .193113 $ arm xuvw. ann xoivw a"o`ao+sa a as ~ W~ ® I K ~BE y ' ~ . a C Go ~ I I F ~ + ~ g I GC • a I ~ S§g~ I ~ I I a $ I I ~4I G B $ ~ a i I ~ gg ! 7 7 b 7 F 7 F Sp ~ - kF + d ~j C ~ ~ ~ 3~ I I t I ~ ~ B FFF9999 I ° y i g, I ~ _ 1aa4g e 8§k R 9' Y ~ ~Y I # n I lp " I I ( l F tl i a \d ~ R Se I 1 Y i 7 a I E 3 till ' ' ~ i Y 2 # y$y ~ I ap ~ ~ ~ 3 p I { 9 I F j ~ 3 ~ @ @ i C ~4 I In , I 3 I f 3 f J ' + "ele• I F F F ~ ~v I pa ~ Y F d j l ! o - ~ . 1 S a I y y 9 3 3 s w °M1 n, 9 gq m RS~ + I ~ I g 12 + ~A P 8 ( ~ a °YQ / w°'u`+k e I k ~ p `e 1 ~ A S n,,, n L Y & v \ \ \ N , 38 E h EXHIBIT °B° RANCHO CALIFORNIA WATER DISTRICT OF RIVERSIDE COUNTY WATER / SEWER SYSTEM CONSTRUCTION AGREEMENT (DEVELOPER INITIATED/CONTRACTOR INSTALLED) THIS AGREEMENT is made on this 26 day of May 20,09 , by and between RANCHO CALIFORNIA WATER DISTRICT OF RIVERSIDE COUNTY, a public agency of the State of California, hereinafter designated as the "District" and City of Temecula located at 43200 Business Park Dr. Temecula Ph. No. (951) 694-641 represented by Public Works Dept. hereinafter designated as the "Developer". WHEREAS, Developer is planning a development of 2 lot(s) located within the development referenced within records of the County of Riverside, State of California, as: Pechanea Pkwy & Wolf Creek Dr So - Public Right of Way sand is further identified on the map attached to and made a part of this Agreement ("Development"), as more particularly described in Exhibit "A;" and WHEREAS, the Development will require a water/sewer distribution system to provide domestic water/sewer service ("Service") to the Development referenced above ("System Facilities") as more particularly described in Exhibit "B;" and WHEREAS, Developer is desirous of having the District provide Service to the Development and is willing to convey the System Facilities to the District after the construction thereof, contingent upon the District's acceptance of such conveyance on the terms and conditions set forth herein. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. District agrees to provide Service to the Development in compliance with its applicable rules, regulations, ordinances, and orders when, and if, Developer has complied with the terms and conditions contained herein, and any additional terms and conditions required for the provision of Service as set forth in the District's rules, regulations, ordinances, and orders. 2. Developer agrees to engineer/design and undertake any environmental review required for the System Facilities necessary for the Development in accordance with the following terms and conditions: APPENDIX "N" Administration Committee 11/25/08 A. Developer will cause System Facilities to be designed at its expense by a qualified Engineer. Developer's Engineer shall be currently licensed by the State of California as a Civil Engineer. B. The System Facilities for the Development will be designed in full compliance with all applicable rules, regulations, ordinances, and orders including the District's Water and/or Sewer System Facility Requirements and Design Guidelines (Latest Version). C. The Developer's design plans, drawings, and/or incidental design documentation shall be reviewed by District personnel for conformance with applicable guidelines referenced in paragraph "B," above. Upon District approval, the design plans/drawings will become construction drawings ("Drawings"). D. The entire cost of the design of the System Facilities shall be paid by the Developer. The Developer shall reimburse the District for all labor, equipment, and materials associated with the review and completion of Developer's design work. Such costs may include, but are not limited to: (1) design documentation review, (2) Drawings review and approval, (3) cost to conduct or procure special studies or analysis, and (4) costs relating to environmental review. E. Developer shall provide the District with a copy of any and all documents prepared in compliance with the laws of the State of California and the United States, including but not limited to, the California Environmental Quality Act ("CEQA"), California Public Resources Code section 21000 et seq., ("Environmental Laws") and previously utilized to obtain approvals for the Developer's Development. Sufficiency of environmental review for the System Facilities shall be determined by the District, in its sole discretion. In the event that the District or Developer determines that additional environmental review is necessary for the System Facilities, all fees and costs to prepare this additional environmental review shall be borne solely by the Developer. Notwithstanding the foregoing, Developer shall be responsible for complying with all Environmental Laws and shall indemnify and save harmless the District from any and all claims or actions arising from Developer's failure to comply with any Environmental Laws. F. Upon District request, Developer shall provide the District with a copy of all conditions of approval for the Developer's Development as determined and stated by all other regulatory agencies from which the Developer has applied for or obtained approval for construction of any part of aspect of the Developer's Development. APPENDIX "N" Administration Committee 11/25/08 3. Developer agrees to construct the System Facilities necessary for the Development in accordance with the following terms and conditions: A. Developer will cause System Facilities to be constructed as shown on the District approved Drawings, at its sole cost and expense, by a qualified California licensed contractor ("Developer's Contractor"). Developer's Contractor shall be currently licensed by the State of California with either a specialty contractor, "C-34," pipeline license or a General Engineering Contractor, "A" license. Developer's Contractor shall be experienced in the construction of domestic water/sewer systems, as the case may be, and shall have been reviewed by the District and approved by the District as a qualified contractor before the contract between Developer and Developer's Contractor is signed and construction begins. Developer shall obtain all necessary approvals and permits, and shall execute or obtain any necessary easements, using the District's form Grant of Easement, for the System Facilities. B. The System Facilities will be constructed and installed in full compliance with all applicable laws and regulations, and pursuant to the rules, regulations, ordinances, and orders of the District including, but not limited to, District's Standard Specifications and Standard Drawings for Water and Sanitary Sewer Facilities (Latest Version). C. Drawings for the System Facilities shall be approved by District prior to the presentation thereof to contractors for bidding purposes and the System Facilities shall be constructed and installed in full compliance with said approved Drawings and District standard specifications referenced in paragraph "B" above ("Specifications"). D. The entire cost of the construction of the System Facilities shall be paid by the Developer. Such construction shall be inspected by District personnel for conformance with the Specifications and approved Drawings. The inspection by the District of the construction for conformance with the Specifications and approved Drawings shall not be deemed to confer liability on the District or otherwise place the responsibility for properly constructing and inspecting the System Facilities upon the District. The Developer shall permit the District's inspector to enter the construction site at any reasonable time. The Developer shall reimburse District for all labor, equipment and materials associated with the inspection, approval, and completion of the System Facilities. Such costs may include, but are not limited to: (1) site inspection, (2) costs to conduct or procure special studies or analysis, (3) material and equipment submittal review, and (4) costs relating to environmental review. APPENDIX "N" Administration Committee 11/25/08 E. The District is not responsible and does not own the System Facilities until they are inspected and approved by the District, all fees and charges associated with the construction of the System Facilities and/or other fees and charges owed by Developer to the District are paid in full, the Unconditional Lien Waiver and Release and the System Facilities Grant Deed are executed and accepted by the District. Until such time, Developer is responsible for the System Facilities and is liable for all damage to said facilities. The Developer shall indemnify District, its governing board, officers, and employees for any and all claims of any kind relating to the construction of the System Facilities incurred prior to the District's acceptance of said facilities. F. All existing District facilities shall be protected in place. Any damaged District facilities shall be replaced or repaired by Developer at the Developer's sole cost and expense, and to the satisfaction of District. G. Following the District's inspection of the System Facilities, the District shall inform Developer of work necessary to complete the System Facilities or remedy any deficiencies in order for the District to approve and accept said facilities. Developer shall promptly and at no cost to District perform the work according to the District's instructions. Developer shall guarantee the System Facilities for a period of one (1) year following the date of acceptance of the System Facilities by the District, and shall promptly and at no cost to District perform work necessary to remedy any deficiency in the work according to the District's instructions. Should Developer fail to promptly perform any work required under this subsection, Developer shall, on demand, pay all costs incurred by the District as necessary to complete construction or remedy any deficiency, including the applicable hourly rate for an inspector for such time as may be required, as determined by the District, to inspect the construction of the facilities. Said rate shall be that which is applicable at the time of actual inspection. The inspector shall work under the supervision of the District, and shall provide inspection until the System Facilities are accepted and approved as stated herein. The Performance Bond required pursuant to this Agreement shall be effective during the one-year guarantee period. 4. Construction shall not begin until District issues the "Notice to Proceed." Prior to District issuing "Notice to Proceed," Developer shall submit the following: A. Copy of contract between Developer and Contractor verifying cost of System Facility construction. B. Certification of streets to final grade. C. Encroachment permit. D. Certificates of insurance for Developer's Contractor and all subcontractors. The Contractor shall carry general liability, automotive liability, and Workers' Compensation insurance, which shall list the District, its governing board, officers, and employees as additional insureds, in such APPENDIX "N" Administration Committee 11/25/08 form and amounts as noted in Section 9 of the General Provisions of the District's Standard Specifications and Standard Drawin s for Water and Sanitary Sewer Facilities (Latest Version). E. Systems Facilities Securi ty. i. Subject to the satisfaction of the District's General Counsel, Developer shall provide or shall cause the Developer's Contractor to provide, security for the faithful performance of the System Facilities and the warranty period, in form of a cash deposit, a performance bond, an irrevocable and unconditional letter of credit, an agreement for certificate of deposit, or a segregated construction account, only on forms acceptable to the District and listing the District as obligee, if applicable. The security for faithful performance of the Systems Facilities shall be in an amount equal to 100% of the construction contract(s) amount(s) of the System Facilities and shall be held during the construction period and the one-year warranty period. However, the security may be reduced to 10% for the one-year warranty period upon the written request of the Developer and concurrence of the District. Payments or releases of part of the security for faithful performance may be authorized by the District Engineer to be made by the financial institution or the District to Developer after Developer's Engineer has submitted a list of completed improvements or related work to the District Engineer and the District Engineer has inspected and approved in writing such payment or release for such improvements or related work. The one- year warranty period will begin upon the date of the acceptance of the System Facilities by the District. ii. If a performance bond is submitted as security, the performance bond must be provided by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business in the State of California and satisfactory to the District. Bonds executed in favor of the city or county for the work which meet the requirements of this Section shall be acceptable in satisfaction hereof only if all such bonds expressly list the District as a co-obligee thereunder. F. Developer is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" projects. If the requirements of this Agreement are performed as part of an applicable "public works" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Developer agrees to fully comply with such Prevailing Wage Laws, if applicable. Developer shall defend, indemnify and hold the District, its elected officials, APPENDIX "N" Administration Committee 11/25/08 officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Developer and Developer's Contractor and all subcontractors to comply with all California Labor Code provisions, which include, but are not limited to, prevailing wages, employment of apprentices, hours of labor, and debarment of contractors and subcontractors. 5. The District will provide construction water and fire protection to the Development after the Contractor has completed all items on the District Inspector's Construction Deficiency List, evidence has been submitted indicating city/county acceptance of compaction, acceptable hydrostatic and bacteriological test results have been obtained, and any remaining inspection fees are paid in full. 6. The District will provide drop-in meters to the development and file a Notice of Completion after the following has been submitted: A. Drop-in Meter Application and all related meter installation and connection fees. B. Unconditional Lien Waiver and Release for waterline or sewer construction, as applicable. C. A Grant Deed executed by Developer vesting title of said System Facilities to the District. The Grant Deed must be on District form and vests title only after the District files the Notice of Completion. In the event water rights are appurtenant to the development, Developer shall also grant said water rights to the District on District form, if applicable. D. An Agency Agreement will be required for each parcel if there is not a current Agency Agreement recorded against the property. The Agency Agreement gives the District the right of management of the groundwater resource to the District, for the benefit of all District customers. 7. At District's option, the terms and conditions of this Agreement will become null and void and District will have no further obligations hereunder in the event the construction of the System Facilities covered herein has not commenced within 12 months of the date of this Agreement. In the event construction has not been accepted by District within 24 months of the date of this Agreement, this Agreement and any other related System Facility requirements must then be revised to include any new conditions and to cover all increased costs, including any new fees and charges which may be in effect at that time. No further work will be permitted until all provisions of this paragraph have been fulfilled. APPENDIX "N" Administration Committee 11/25/08 8. Developer agrees to hold the District free and harmless from any expense or liability resulting from the construction or installation of the System Facilities, and further agrees that Developer will indemnify the District, its governing board, officers, and employees free and harmless from and against any and all. liabilities for death, injury, loss, or damage to persons or property which may arise before, after, or during construction of the System Facilities as a result of any work performed by Developer or on its behalf. 9. Miscellaneous Provisions. L Venue. In the event of any legal or equitable proceeding to enforce or interpret the terms or conditions of this Agreement, the Parties agree that venue shall lie only in the federal or state courts in the County of Riverside, State of California. ii. Modification. Once executed, this Agreement may not be altered in whole or in part except by a written modification approved by the Board of Directors of the District and executed by all the Parties to this Agreement. iii. Attorney's Fees. In the event any action or proceeding is initiated to challenge, invalidate, enforce, or interpret any of the terms of this Agreement, the prevailing Party shall be entitled to all reasonable attorney's fees and costs in addition to any other relief granted by law. This provision shall apply to the entire Agreement. iv. Entire Agreement. This Agreement, together with any Exhibits attached hereto or incorporated herein by reference, contains all representations and the entire understanding between the Parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda, or agreements, whether or not such correspondence, memoranda, or agreements are in conflict with this Agreement, are intended to be replaced in total by this Agreement and its Exhibits. Developer warrants and represents that no District representative has made any oral representations or oral agreements not contained in this Agreement. V. Assignment. Developer shall not be entitled to assign or transfer all or any portion of its rights or obligations contained in this Agreement without obtaining the prior written consent of the District, which consent shall not be unreasonably withheld. Any purported assignment without the District's prior written consent shall be void. vi. Time is of the Essence. Developer warrants that it understands and agrees that time is of the essence in the performance of the obligations set forth in this Agreement. APPENDIX "N" Administration Committee 11/25/08 - - - - vii. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective purchasers, successors, heirs, and assigns. viii. Unenforceable Provisions. The terms, conditions, and covenants of this Agreement shall be construed whenever possible to be consistent with all applicable laws and regulations. To the extent that any provision of this Agreement, as so interpreted, is held to violate any applicable law or regulation, the remaining provisions nevertheless shall remain enforceable to the extent that they effectuate the original intent of the Parties. ix. Representation of Capacity to Contract. Each of the signatories to this Agreement represents and warrants that he/she has the authority to execute this Agreement on behalf of the Party represented by that individual. X. No Waiver. The failure of either Party to enforce any term, covenant, or condition of this Agreement on the date it is to be performed shall not be construed as a waiver of that Party's right to enforce this, or any other, term, covenant, or condition of this Agreement at any later date or as a waiver of any term, covenant, or condition of this Agreement. In the event that either party shall fail to perform its part of this Agreement, and suit shall be commenced, or an attorney employed to enforce the provisions thereof, the party who fails to perform its part of the Agreement agrees to pay any and all costs involved therein, and to pay a reasonable attorney's fee. APPENDIX "N" Administration Committee 11/25/08 10, Whenever in this Agreement notice is required to be given, the same shall be given by certified mail, postage prepaid, addressed to the respective parties at the following addresses: To Rancho California Water District: Rancho California Water District General Manager P.O. Box 9017 Temecula, California 92589-9017 To Developer: City of Temecula Dirartnr of Puhlir Wnrkc P.O. Box 9033 Temecula, CA 92589-9033 RANCHO CALIFORNIA WATER DISTRICT By: General Manager Date: DEVELOPER Company: City of Temecula Name: Shawn D. Nelson Title: City Manager Date: Attest: Susan W. Jones, MMC, City Clerk Approved as to Form: Peter M. Thorson, City Attorney APPENDIX "N" Administration Committee 11/25/08 EXHIBIT "A" DESCRIPTION OF DEVELOPMENT APPENDIX "N" Administration Committee 11/25/08 w a F O FS W d U w. w d M F+ v d 0 w P, ~ I ~ EXHIBIT "B" DESCRIPTION OF SYSTEM FACILITIES APPENDIX "N" Administration Committee 11/25/08 Ve/:: n.cm: ve-ue:W'.u nxr a_N.c\wm\ aonU[fW9\ vvee\~ a5 It e A ruins a „a s K R 3 Nn N9a0W.o ts6.. 9N1'i HOI MW'W+66 a Po 7- ® I 7 x 9 gG ~ 4 ~8S f ~ k Y I 4 Yc tl' 1 ~a N k f~ E F n ~ k ~ Aa .~kti ~ 2 3 3 kC i tl 2 F G~ ~ ~ ~ . ~ s k 8g e• J ~ I ~ ~ _ g 9 0 0® _ I ~p , 3 ~ jo s 6 I : 6 r a a: I age E ~ ~ s= ~ i g g I ] !c Y F a ~Y l ~ {~a s N 9 t 9- Ae ~~F~S J 1 I •~-ep: ' j € C C ~ 4 t•.s ~ 1 a s a is a s s s k ~ gg ° 6 I ~ ~ ' ~ 9 9 F e q '3 ® ACG 9 yg I i % ICI ,e S5 \ , ® x c~'' I 91 tlk \ •'•a'k Rid e E a ITEM NO. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: May 26, 2009 SUBJECT: Execute a Quitclaim Deed whereby the City grants to Riverside County Flood Control and Water Conservation District (RCFC&WCD) a drainage easement for the Leigh Court Storm Drain (Tract Map No. 23209 - Shea Homes Development) PREPARED BY: Daniel York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR LEIGH COURT STORM DRAIN (TRACT MAP NO. 23209) BACKGROUND: The Leigh Court Storm Drain, Stage 3 - Project No. 7-0-00303, has been completed and Riverside County Flood Control & Water Conservation District is prepared to accept the storm drain for maintenance in accordance with the terms of the Cooperative Agreement, recorded on December 4, 2001 by the District, the City of Temecula, and Shea Homes. Pursuant to the Cooperative Agreement, the developer will construct said facilities and the County Flood Control District will assume ownership and maintenance responsibility for the storm drain system after satisfactory completion. Recorded Tract Map 23209 included a drainage easement dedicated to the City on behalf of Flood Control for said improvements. The City accepted the drainage easement within Lot 221 on behalf of Flood control subject to construction and acceptance of improvements in accordance with Flood Control standards. Once the improvements are complete, the City is to convey the drainage easement to the Flood Control District. In order for the District to accept the storm drain for maintenance the City needs to execute the attached quitclaim deed conveying the drainage easement to the District. Upon City Council execution of the quitclaim deed the quitclaim deed will be forwarded to Riverside County Flood Control & Water Conservation District and County of Riverside Board of Supervisors for their approval. Staff recommends the execution of the quitclaim deed conveying the easement to the Riverside County Flood Control and Water Conservation District. FISCAL IMPACT: The City will be relieved of maintenance responsibility. ATTACHMENTS: Resolution No. 2009 Quit Claim Deed and Plat labeled Exhibit "A" (Original conveyed to Clerk by separate memo) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND {HATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR LEIGH COURT STORM DRAIN (TRACT MAP NO. 23209) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: A. The Leigh Court Storm Drain, Stage 3 - Project No. 7-0-00303, was constructed between Leigh Lane and La Serena Way to convey storm runoff through Lot 221 of Tract 23209, to the existing storm drain system in Leigh Lane; B. An Offer of Dedication for a drainage easement was made by the owners of Tract 23209 to the City of Temecula on behalf of Riverside County Flood Control and Water Conservation District (DISTRICT) to accommodate the construction and maintenance of said storm drain and accepted by the City at the time of map recordation subject to construction and acceptance of the improvements in accordance with the DISTRICT; C. The DISTRICT is prepared to accept the Leigh Court Storm Drain for maintenance in accordance with the terms of the Cooperative Agreement, executed on December 4, 2001, by the DISTRICT, the City of Temecula, and Shea Homes including said drainage easement within Lot 221 of Tract 23209; D. Executing the quitclaim deed to convey the drainage easement within Lot 104 of Tract 23209 to the DISTRICT is necessary to comply with the terms of the Cooperative Agreement and serves the public interests. WHEREAS, The City Council of the City of Temecula hereby desires to execute the quitclaim deed all as attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby approves the quitclaim deed all as attached hereto and authorizes the Mayor to execute it on behalf of the City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of May, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ NONE Temecula Valley - Leigh Court SD, Stg 3 Project No.: 7-0-00303 Tract No. 23209 RCFC Parcel No. 7303-506 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, a municipal corporation, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to the easement situated in the County of Riverside, State of California, described as follows: The 40-foot wide easement for flood control and maintenance purposes within Lot 221 as shown and dedicated on Tract Map No. 23209, recorded in Map Book 320, Pages 79 through 97 inclusive, records of the Recorder's Office, Riverside County, State of California, as shown as Exhibit "A", for reference purposes only. CITY OF TEMECULA, a municipal corporation: Date ATTESTS: Susan W. Jones, MMC, Clerk to the City of Temecula By: City Clerk By: MARYANN EDWARDS, Mayor (seal) a~ 0 C*4 Q~J M }y^ Z N 1/ =tji z N- O z 111/ a p z O ZUZ f7 U O a .11 ~•BSZi f~) \ a Il 'S J \ a _ W LLI M W 5 7 O \YW' 1 ~ I 0 0 n z I ' n ~ ~i m I o ~ W~ 3 ' z I I Q J ~ Q ~ I fn ~ X O WZ RCFC Parcel No. 7303-506 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the quitclaim deed, dated from the CITY OF TEMECULA to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. By: WARREN D. WILLIAMS General Manager-Chief Engineer ITEM NO. 1 0 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: May 26, 2009 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 23513 (Located at Santiago Road and Cresta Verde Court - Gallery Homes) PREPARED BY: Daniel A. York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23513) BACKGROUND: Tract Map No. 23513 was recorded by the County Recorder on August 28, 2000. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. 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-year Warranty Bond and Labor and Materials Bond have not been released. The Warranty Bond will be released at the end of the one- year period in May, 2010. The Labor and Materials Bonds will be released six months into the one- year warranty period in November, 2009. The public streets now being accepted by this action are as follows: Portion of Santiago Road, portions of Creste Verde Court, and Bel Monte Court West FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 09 - with Exhibits "A - B" inclusive. RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23513) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Tract Map No. 23513 was recorded by the County Recorder at August 28t", 2000 in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Woodbridge Inland Estates II, LLC; 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 May, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of May, 2009, 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. 2009 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Map 23513 into the City-Maintained Street System as described as follows: 1. Lot "A" (portion of Santiago Road) of said Tract Map No. 23513 2. Lot "B" (portion of Creste Verde Court) of said Tract Map No. 23513 3. Lot "C" (Be[ Monte Court West) of said Tract Map No. 23513 4. Lot "D" (portion of Creste Verde Court) of said Tract Map No. 23513 EXHIBIT "B" TO RESOLUTION NO. 2009- TRACT MAP 23513 I \ \ LOT 8 I 10T9 , LOT 6 \ LOT 5 LOT 7 Coro LOT 4 BF~~o~r LOT 3Q LOT 2 LOT 1 LOT 10 LOT 11 4 i N= A G 0 PROJECT SITE ~ .S'4NT/qCD RDAD w K DE T hH1ECD~ VICINITY MAP NO SCALE ITEM NO. 11 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: May 26, 2009 SUBJECT: Substitute Agreements and Bonds for Public Improvements in Tract Nos. 30264- 4 and 30264-10 (Located within the Wolf Creek Development - Stonebriar) PREPARED BY: Dan York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: Accept substitute Subdivision Improvement Agreements and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map Nos. 30264-4 and 30264-10. 2. Authorize the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bonds for Tract Map Nos. 30264-4 and 30264-10. 3. Direct the City Clerk to so advise the developer and surety. BACKGROUND: On June 14, 2005, the City Council approved Tract Map Nos. 30264-4 and 30264-10, and entered into Subdivision Improvement Agreements with Wolf Creek Development, LLC, A California Limited Liability Company. On January 9, 2007, the City Council approved bond substitutions after Wolf Creek Development, LLC sold the two Tracts to Lennar Homes of California. Subsequently, Lennar Homes has recently sold the two Tracts to MS Rialto Wolf Creek, LLC, a Delaware limited liability partnership. As the new owner, MS Rialto Wolf Creek, LLC has submitted substitute bonds and agreements. The following lists existing securities and agreements secured by Lennar Homes and posted by Safeco Insurance Company of America to be released: Tract 30264-4 Faithful Performance Bond No. 6413412 in the amount of $613,000. Labor and Materials Bond No. 6413412 in the amount of $307,000. Tract 30264-10 Faithful Performance Bond No. 6413413 in the amount of $515,000. Labor and Materials Bond No. 6413413 in the amount of $257,750. Bond Company Contact: Safeco Insurance Company of America 330 North Brand Blvd., 10th Floor Glendale, CA 91203 Attn: Eric Thorsen Accompanying the agreements submitted by the new owner are the following substitute bonds posted by Bond Safeguard Insurance Company as follows: Tract 30264-4 Faithful Performance Bond No. 5035437 in the amount of $613,000. Labor and Materials Bond No. 5035437 in the amount of $307,000. Tract 30264-10 Faithful Performance Bond No. 5035436 in the amount of $515,000. Labor and Materials Bond No. 5035436 in the amount of $257,750. The Monumentation Bonds have previously been released under separate action. FISCAL IMPACT: None ATTACHMENTS: Project Vicinity Map Index Map for Tract Map No. 30264-4 Index Map for Tract Map No. 30264-10 TM30264-4 Substitute Subdivision Improvement Agreement (on file) TM30264-4 Substitute Subdivision Faithful Performance Bond (on file) TM30264-4 Substitute Subdivision Labor and Material Bond (on file) TM30264-10 Substitute Subdivision Improvement Agreement (on file) TM30264-10 Substitute Subdivision Faithful Performance Bond (on file) TM30264-10 Substitute Subdivision Labor and Material Bond (on file) IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 6 SHEETS TRACT No. 30264-4 BEING A SUMINSION OF LOT 6 OF TRACT NO. 29305 AS SHONN BY MAP ON FILE IN BOOK D8. PAGES 36 THROUGH 48. INCLUSIVE, OF MAPS. RECORDS OF RIVERSIDE COUNTY. CAMFOR UA. HALL k FOREMAN, INC. AUGUST 2004 ENGINEERS NOTES BOUNDARY SURVEY MAP 0 INDICATES FOUND MONUMENT AS NOTED. N A INDICATES Y LP. " TAG R.C.E. 10500, FLUSH TO BE SET N PER N. NO. 29]05-1, M.S. 350/65-78. 0 INDICATES 1' I.P. MM TAG R.C.E. 20508. FLUSH TO BE SET PER Ti. N0. 29305, M.B. }78/35-48. _ pp 0' 100' 200' 300' 4q TAG PERCTR. NO 302641-8, M.B. h%</ ROSX TO BE SET w. O PER M. NO. I.P. 'WITH TAG RCE. 20508, Fl.USH TO BE SET SCALE: 1' = 100' PER M. N0. ]0164-], M.S. ~/y$_ SEE SHEET 2 FOR BASIS OF BEARINGS. O INDCATES SET 1' P. WITH TAG R.C.E. 20508, RVSH. MAP LAYOUT SHEET AND VICINITY MAP. (R1) INDICATES RECORD AND MEASURED DATA PER N. NO, 29305-1, M.B. 350/65-79. (R2) INGOA ES R6ECORRD AND MEASURED DATA PER M. NO. 29305, (R]) INDICATES RECORD AryD MEASURED DATA PER Ti. NO, 30254-8. M. B. SSS -9- . (R4) I DDICAATE/E OHO MEASURED DATA PER HL NO. 30264-3. (R) INDICATES RADIAL BEARING I' I.P., RUSH, TAGGED RCE 20508 (RIV. CO. TYPE 'A' MON.) TO BE SET AT LOT CORNERS AND MOLE PANTS IN LOT LINES, UNLESS OTHER'MSE NOTED. NAIL AND TAG R.CE. 20508 TO BE SET IN TOP OF CURB ON THE PRCLONGATON OF THE SIDE LOT USES AND EC.'S AND B.C.'S PROJECTED PERPENDICULAR OR RADIAL FROM PROPERTY LINE. / (RIVERSIDE COUNTY SID. TYPE 'E') ' ALL MONUMENTS SXONN 'SEY SHALL BE SET IN ACCORDANCE MTH THE MCNUMENTATON AGREEMENT \ FOR THIS MAP, UNLESS OTHERMSE NOTED. ( 52 \J All MONUMENTS SET PER RIVERSIDE COUNTY ORDINANCE 461.9. l~ ' ~~.e+g~\ DRAINAGE EASEMENTS SHALL BE KEPI FREE ICN OF BUILDINGS AND OBSTRUCTIONS ~O ~4n 53 \ S MIS MAP CONTAINS 1224 ACRES GROSS \O ,,ryp~` p THIS MAP CONTAINS 8.73 ACRES NET CJ/y Day 19 \ •rby/R,9Cr z (56 57 ? 4 5 17 ~'s g ' S EE 4 is '0 58 6 15 14 p~ (OCG e G •p 8 13 F5 36 1 8 P OQ 9Q C2 N G 50 49 SF M,yp~e, 9 10 12 QQFQ-'O 37 35 < 48 S 11 GO/ 38 34 'Al r 1-z \ 47 46y F~ 39 33 4.~' 20 /ei T \ y 4 . \~~0:°+i x 45 40 32 E? 21 \ 0 3Q OT 22 '~>~soz-~ 44 31 YRACY No. f *",4, 43 41 e 22 , ry~0 Q 20306 42 30 M.6. 378136-48 23 29 / 2 10 24 p5 n0 „p. / 3 y / ,,~R/~\\\ 28 ' 25 LINE DATA S. LINE BEARING LENGTH % 6' % /ASJ .k 51 26 ? L1 N21 'It' 484 R2R3 L2 N281402"E 46.31' R2.R3 Cr / 7 \ \\~jq 27 L} N7314'02' I R2R3 L4 N 1~ '58-W 67 L3 N39171TE .00 ' R2 R3 L6 N4 ' 8"E 52.61 R2 y / 10 °)j. \ \ L7 M37 43 30E 32,57' QR2) c, L6 N4 ' e 79.14 ' R2 L9 41'37'16"E 8242- R2 11 T ` LIO N391946' 60.00' R2 ~>J L11 N 1' W 130.00' R3 UP N2106'WE 67.62' R3 1 \ L13 N 14' ' R3 CVRVE DATA ,y CT °2 CURVE DI DELTA 7VT51"' RPDIUS 47000' INN 58 49R3 A V.3 /y° C2 4V16 00 . I63.06 ' R6 8S C3 ]'O'50" 50000 62.23R} YB ~ Y 0 SHEET 3 OF 7 SHEETS IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 30264-10 BE' NO A SUBpN510N OF LOT 5 OF TRACT NO. 29305 AS SHOAN By MAP ON FILE IN BOOK 378. PAGES 36 THROUGH 48, INCLUSIK, OF MAPS, RECORDS OF RIKRSIDE COUNTY, CALIFORNIA. HALL B FOREMAN, INC. NOVEMBER 2004 ENGINEERS NOTES QQUNDARY SURVEY MAP 0 INDICATES FOUND MONUMENT AS NOTED. I~ 1 l l A INDICATES 1' I.P. YARI TAO R.C.E. 20508. PLUSH TO BE SET I \ l PER TR. NO. 29J05-1. M.B. 350/65-78. I ❑ INDICATES 1' I.P. MITX TAG R.C.E. 20508, FLUSH TO BE SET PER TR. NO. 29305. M.B. 3>8/3U-I8. ' ' ' . 0 4-4 TAB R.C.E. 20508, FLUSH TO BE SET INDICATES 1 ' LP. f00 200 300 U PER NO, 3026 M.B. O INDICATES 1'➢, 1NTH TAG R.C E. 20508, RUSH TO BE SET SCALE: 1' - 100' PER TR. NO. 30264-8, M.B.355-/-P_-J1. SEE SHEET 2 FOR BASS OF BEARINGS, O INDICATES SET I' I.P. WTH TAG R.L.E. 20508, FLUSH MAP LAYOUT SHEET AND NCINITY MAP. (RI) INDICATES RECORD AND MEASURED DATA PER M. NO. 29305-I, M.B. 350/65-78. (R2) INDICATES RECORD AND MEASURED DATA PER TR. NO. 29305, M.B. 378/36-48. IND (ED) ICATES REEC ORD ANND MEASURED DATA PER M. NO. 30264-4, M DI CO ~ (114) INDICAIES RECORD MEASURED DATA PER TR. NO. 30254-8, C D ff M.B. 7x85) f (R) INDICATES RADIAL BEARING GET 1' I.P., FLUSH, TAGGED FEE 20508 (RIV. CO. TYPE -A' MON.) AT LOT CORNERS AND ANGLE FONTS IN LOT ONES, UNLESS OTHERMSE NOTED. SET NAJL AND TAG R.C.E. 20508 IN TOP OF CURB ON THE PRMONGAVON OF THE SIDE LOT LINES AND E.C.'S AND B.C.'S PROJECTED PERPEOICULAR OR RADIAL FROM PROPERTY UNE. (RIVERSIDE COUNTY STD. TYPE 'E') ALL MONUMENTS SHOWN 'SEY SHALL BE SET IN A'lk ACCORDANCE MM THE MONUMETAOCN AGREEMENT fap6 FOR THIS MAP, UNLESS OTXERMSE NOTED. ALL MONUMENTS GET PER RIVERSIDE COUNTY \ X20 ORDINANCE 461.9. 0FkNAGE EASEMENTS SHALL BE KEPT FREE 43/ OF BUILDINGS AND OBSTRUCTIONS MI5 MAP CO4TAIN5 15.55 ACRES GROSS i 1 W THIS MAP CONTAINS 1259 ACRES NET \Eb, `44 ,Y 4a7az. Ur✓~Nry Opp, CIR, cl" H" \ 4.5 9 10 ry41; ~4.?jf <q A 46 \ p 11 47 L 48 8 1 9 40\ 7 12 A lp 50, 6 5 61, 4 SEE T 5 ~o * 3 Gs. t OOVR~ 14 13 30 31 X32 3 x~~ 52 A 2 16 15 29 34 4. G 17 28 EE S 27 p 35 , 53 K. 18 25 2 / ` , 19 54 ~o 36 `G 24 55 n 9 'A 1a ay 20 21 23 1D&gt ~PNE 57 56 53 y'Epy 37 E., 52 T'PgC 17 6 22 X60 59 58 50 51 S E 38 >•q~~ o x ~o EE EET 7 39 a A 1902 i5 , 62 48 49 NE 40 ~Tc v 61 EP GiG G~~EK 42 41 ,d 36 c\Q"~ 47 QJF~ 44 43 45 46 20 w LO EASEMENT NOTES qQ INDICATES CENTERUNE OF 20.00' MDE STORM GRAIN LOT 10 EASEMENT TO CITY OF TEMECUI ON BEHALF OF RIVERSIDE COUNTY FLOOD CONTROL k WATER CONSERVATION DISTRICT, FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN FACILITY PURPOSES. ITEM NO. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: May 26, 2009 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 31344 (Located at Ynez Road and Rancho Vista Road - Gallery Homes) PREPARED BY: Daniel A. York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 31344) BACKGROUND: Tract Map No. 31344 was recorded by the County Recorder on March 9, 2006. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. 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-year Warranty Bond and Labor and Materials Bond have not been released. The Warranty Bond will be released at the end of the one- year period in May, 2010. The Labor and Materials Bonds will be released six months into the one- year warranty period in November, 2009. The public streets now being accepted by this action are as follows: Portion of Ynez Road and Portraits Lane. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 09 - with Exhibits "A - B" inclusive. RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 31344) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Tract Map No. 31344 was recorded by the County Recorder at March 20, 2007 in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Gallery Portraits Partners, LLC; 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 May, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of May, 2009, 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. 2009 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Map 31344 into the City-Maintained Street System as described as follows: Lot "A" (portion of Ynez Road) of said Tract Map No. 31344 2. Lot "B" (portion of Ynez Road) of said Tract Map No. 31344 3. Lot "C" (Portraits Lane) of said Tract Map No. 31344 EXHIBIT "B" TO RESOLUTION NO. 2009- TRACT MAP 31344 _ W010 11NM _ ROAD I T~-i0T 12 _ [OT 1 i 10T2 g O 10T3 Q ~ O 10T4 I Q o a 10T5 ~ 0 V i i 10T6 / LOT 11 10T °C" / PORTR IN LANE i i LOT7 LOT9 1018 10T 10 m V NO SCALE VICINITY MAP ITEM NO. 13 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: May 26, 2009 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 34820 (Located at Santiago Road and Cresta Verde Court - Gallery Homes) PREPARED BY: Daniel A. York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 34820) BACKGROUND: Tract Map No. 34820 was recorded by the County Recorder on March 20, 2007. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. 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-year Warranty Bond and Labor and Materials Bond have not been released. The Warranty Bond will be released at the end of the one- year period in May, 2010. The Labor and Materials Bonds will be released six months into the one- year warranty period in November, 2009. The public streets now being accepted by this action are as follows: Bel Monte Court East, portion of Santiago Road, and portion of Creste Verde Court FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 09 - with Exhibits "A - B" inclusive. RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 34820) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Tract Map No. 34820 was recorded by the County Recorder at March 20, 2007 in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Gallery Reserve Partners, LLC; 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 May, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of May, 2009, 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. 2009 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Map 34820 into the City-Maintained Street System as described as follows: 1. Lot "A" (Bel Monte Court East) of said Tract Map No. 34820 2. Lot "B" (portion of Santiago Road) of said Tract Map No. 34820 3. Lot "C (portion of Cresta Verde Court) of said Tract Map No. 34820 EXHIBIT "B" TO RESOLUTION NO. 2009- PARCEL MAP 34820 I o / I Y - ~ yFnr., PARCEL I Nr PARCEL 2 / 1 PARCEL 4 PARCEL 3 y I I :1 mr T, A S q G O R ANT I PROJECT SITE ~ .C'4NT/gC0 RDpD Pq DE T ht7ECU1~ VICINITY MAP NO SCALE ITEM NO. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: May 26, 2009 SUBJECT: Opposition to Proposals by the State of California to Borrow Funds from Local Government and Opposition to the Adoption of Any Additional Unfunded Mandates PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council: Oppose any action by the State of California to borrow funds from local government but specifically the proposed plan announced on May 5, 2009 to borrow property tax funds. 2. Oppose any additional unfunded mandates imposed through legislation by the State of California. 3. Direct staff to prepare a letter of opposition to be sent to the Governor and local legislators and coordinate other lobbying actions with the League of California Cities. 4. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA BACKGROUND: On May 5, 2009, the Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, counties and special districts to balance the state budget, causing deeper cuts in local public safety and other vital services. In order to start that process, the Governor would have to issue a proclamation declaring the existence of a "severe financial hardship." The legislature would then have to implement the "borrowing" program by passing urgency legislation, requiring a two-thirds vote, which identifies how the "loan" will be repaid with interest The potential fiscal impact to the City of Temecula is estimated at $1,783,736. This type of budget reduction would greatly impact the City's ability to continue to fund public safety, roads, parks, and many other vital services. "Loans" of local government funds are irresponsible. Unlike budget cuts or tax increases, "loans" will only worsen the state's structural deficit. Also, "loans" could do serious damage to some cities who are already facing seriously reduced revenues. It is imperative that a strong message be sent to the legislature about these concerns. Cities and Counties cannot pay for the State's budget problems. The State needs to fix their budget problem on their own with their own funds and not just prolong the current problem. The League of California Cities is encouraging all cities to take a very aggressive approach to fighting the State's proposal to "borrow" funds from local government. FISCAL IMPACT: Potential fiscal impact of borrowing annually is estimated at $1,783,736. ATTACHMENTS: Estimated FY09-10 Impacts of the State Dept of Finance Draft Proposed Local Property Tax Borrowing Under Proposition 1A (2004) RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the current economic crisis has placed cities under incredible financial pressure and caused city officials to reopen already adopted budgets to make painful cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and WHEREAS, since the early 1990s the state government of California has seized over $8.6 billion of city property tax revenues statewide to fund the state budget even after deducting public safety program payments to cities by the state; and WHEREAS, in FY 2007-08 alone the state seized $895 million in city property taxes statewide to fund the state budget after deducting public safety program payments and an additional $350 million in local redevelopment funds were seized in FY 2008-09: and WHEREAS, the most significant impact of taking local property taxes has been to reduce the quality of public safety services cities can provide since public safety comprises the largest part of any city's general fund budget; and WHEREAS, in 2004 the voters by an 84% vote margin adopted substantial constitutional protections for local revenues, but the legislature can still "borrow" local property taxes to fund the state budget; and WHEREAS, on May 5 the Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, counties and special districts to balance the state budget, causing deeper cuts in local public safety and other vital services; and WHEREAS, in the past the Governor has called such "borrowing" proposals fiscally irresponsible because the state will find it virtually impossible to repay and it would only deepen the state's structural deficit, preventing the state from balancing its budget; and WHEREAS, the Legislature is currently considering hundreds of bills, many of which would impose new costs on local governments that can neither be afforded nor sustained in this economic climate: and WHEREAS, state agencies are imposing, or considering, many regulations imposing unfunded mandates on local governments without regard to how local agencies will be able comply with these mandates while meeting their other responsibilities; and WHEREAS, the combined effects of the seizure of the City's property taxes, increasing unfunded state mandates, and the revenue losses due to the economic downturn have placed the city's budget under serious fiscal pressure; and WHEREAS, our city simply can not sustain the loss of any more property tax funds or to be saddled with any more state mandates as they will only deepen the financial challenge facing our city; and WHEREAS, a number of the City's financial commitments arise from contracts, including long term capital leases and debt obligations which support securities in the public capital markets, that the City must honor in full unless modified by mutual agreement of the parties; and WHEREAS, the League of California Cities is encouraging all cities to take a very aggressive approach to fighting the State's proposal to "borrow" funds from local government; and THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF TEMECULA has determined that the City will experience a severe fiscal hardship if the recommendation of the Department of Finance to "borrow" $2 billion of local property taxes is supported by the Governor and the Legislature; and RESOLVED FURTHER, that the City Council strongly and unconditionally opposes the May 5 proposal of the Department of Finance and any other state government proposals to borrow or seize any additional local funds, including the property tax, redevelopment tax increment, and the city's share of the Prop. 42 transportation sales tax; and RESOLVED FURTHER, that the City Council strongly urges the state legislature and Governor to suspend the enactment of any new mandates on local governments until such time as the economy has recovered and urges the state to provide complete funding for all existing and any new mandates. RESOLVED FURTHER, that the City Clerk shall send copies of this resolution to the Governor, our state senator(s), our state assembly member(s) and the League of California Cities. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of May, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Estimated FY09-10 City & County Impacts of the State Dept of Finance Draft Proposed Local Property Tax Borrowing Under PropositionlA(2004) Note: Prop IA stipulates a maximum amount that maybe borrowed statewide. It does not specify how that amount might be allocated. These figures assume an 8% per jurisdiction allocation as implied in the DOF proposal. See pores page 15. Property Taxes Allocated - FY2008-09 estimated Total Sec/Onsec Prop Tax in SalesTax Total Est. Impact City/County PropertyTax I Lieu of VLF 2 TripleFlip 3 2008-09 at 8% AUBURN 2,589,060 931,467 1,114,538 4,635,065 370,805 COLFAX 345,441 133,174 156,587 635,203 50,816 LINCOLN - - 5988,475 2,686,241 664,201 9,338,917 747.113 - ` LOOMIS .059,762 524,796 - --280:435 ----•------993---- 9 ROCKLIN 9,771,298 3,889,427 1,931,466 15,592,191 - 1,247,375 ROSEVILLE 28,204,236 8,009,835 10,648,978 46,863,049 3,749,044 County of PLACER 108,142,093 30,490,997 3,623,616 142,256,707 11,380,537 PORTOLA 327,829 . 184,193 60,549 572,571 45,806 County of PLUMAS 8,675,714 2.362.351 536.686 11,574,750 925.980 BANNING 3,118,210 2,200,237 ______-3_ 603,095 - 5,921,541 _ 473,723 BEAUMONT . .............1.308:572_-._. ___...3140249...... _._.___717,617._ .....439-._. . _...._413,315 BLYTHE - - 1,305,457 1,456,495 476,276 3,238,228 259,058 CALIMESA 689,747 292,883 142,775 1,125,405 90,032 CANYON LAKE - - - 1,100,724 - - - 865,388 - - - 31,373 1,997,485 159,799 CATHEDRALCITY-------------•_• ••.•-•-------1219.... . .37•_•.•• 2.059,170--- -----6,51 1,209 520,897 COACHELLA - 1,722,672 5.085.680----- 878.148 7,686,500--- 614.920 CORONA 32,170,642 11,317,973 9,281,542 - 52,770,157 4,221,613 DESERT HOT SPRINGS 1,759,231 - - - - 2,498,349 252,368 4,509,947 360,796 EMET__-,...• .............8 663 . 0 5 . 7 5.. ..734._.... ._..._2....325-_. 2 1. ...822 6 ..___1.... INDIAN WELLS 6,278,251 870,388 251,608 7,400,248 . 592,020 IN O 419 .............7 848.......... 8685510 1 996, 7 2 8 18, 530, 657 530 65 453 LAKE ELSINORE A~ 3,102,823 ~ ~ , , - - , - - - 3,804,124 - 1,938,986 - - - - - - 8,845,932 707,675 - LA QUINTA 4 , 1 3 4 , 3 5 0 4.52361 7 2 , 2 18, 0 4 5 1 0,876 ,012 ___870,08__1_ MENIFEE 0 0 177,955 177,955 14,236 MORE NO VALLEY - ~ 8144,359 15,916,199 3,393,737 27,454,296_ ' 2,196,344 M URR ETA 9.951.382 ~ 7.174,038 --.---2,993.502••• • 20.118,922 1,609.5144 N ORCO ............2.249.568 ._.___2.181,712 ___.__1......9-._ ._...5,797.879--._. .463,830 PALM DESERT - - - - 9,561,887 - 5,593,651 , - - , , , - , 4,307,932 19,463,470 . - 1,557,078 1 SP RI NGS PALM -•..••----20,879665•-••- 3 , 8 1 6 , 9 6 1 2.347 ,986 1.2----- 27 ,0.3 . 6 - 2-,-16-3,489 PER RIS •-----------5.985.587----- 4.928.185----- ------1.514885---- ----12.428,657----- 994 293 RANCHO MIRAGE 2,186,0 66 1,521,275 1,351,266 5,058,607 . 404,689 RIVERSIDE 51,710,213 , , - - , , , , * 22,370,444 12,491,102 86,571,759 - - , - 6,925,741 SAN JACNTO ,744,785 2 , 7 4 4 . 7 8 5 3,743,080 523,132 ,9 97 7, 0 1 0 560,880 TEMECULA 8,859,691 6,594,846 6,842,166 22,296,703 1,783,736 - - WILDOMAR o 0 0 0 J County of RIVERSIDE 289,363,291 213,129,269 9,957,573 512,450,133 40,996,011 May 13, 2009 californiacitlfinance.com ITEM NO. 15 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: May 26, 2009 SUBJECT: Support of AB 715 (Caballero) - Publishing and Posting Requirements RECOMMENDATION: That the City Council: Direct staff to prepare a letter of support to be sent to the Governor and local legislators. 2. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR ASSEMBLY BILL 715 (CABALLERO), WHICH WOULD ALLOW THE OPTION OF POSTING ORDINANCES ON THE INTERNET INSTEAD OF PUBLISHING IN THE NEWSPAPER BACKGROUND: Existing law provides that cities must publish either a summary or the full text of ordinances in a newspaper of general circulation. AB 715, which was written and sponsored by the City Clerk's Association of California, would allow the option of posting ordinances on the internet instead of publishing in the newspaper. If the internet option is used, then cities must also mail specific notice to those who have filed a written request for such notices. This bill emphasizes the belief that posting such information on the internet meets the expectations of today's citizenry who are looking for free, broad, and immediate access to information. It also meets the needs of residents who cannot afford paid newspaper subscriptions and relieves the financial burden on cities of paying costly legal advertising rates. This bill is officially supported by the League of California Cities and the City Clerks Association of California. AB 715 has successfully passed the Assembly Floor by a unanimous 75-0 vote and is now being considered by the Senate. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 09- RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR ASSEMBLY BILL 715 (CABALLERO), WHICH WOULD ALLOW THE OPTION OF POSTING ORDINANCES ON THE INTERNET INSTEAD OF PUSHING IN THE NEWSPAPER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Existing law provides that cities must publish a summary or the full text of ordinances in a newspaper of general circulation. Section 2. In an effort to provide free, broad, and immediate access to information to all citizens, regardless of their ability to purchase a newspaper subscription, this bill addresses these concerns. Section 3. Assembly Bill 715, would allow the option of posting ordinances on the internet instead of publishing in the newspaper. If the internet option is used, then cities must also mail specific notice to those who have filed a written request for such notices. Section 4. This Bill would meet the needs of residents while relieving the financial burden on cities of paying costly legal advertising rates. Section 5. Assembly Bill 715 is officially supported by the League of California Cities and the City Clerks Association of California. Section 6. The City Council of the City of Temecula officially supports Assembly Bill 715 in an effort to better serve the citizens of the community and relieve a financial burden of the City of paying legal advertising. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of May, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 1 6 ACTION MINUTES of MAY 12, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:35 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 16 Action Minutes:- Approved Staff Recommendation (5-0-0) - Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Approve the action minutes of April 28, 2009. 17 Second Amendment to the Roof Preventive Maintenance Services Agreement with TremcolWeatherproofing Technologies, Inc. for Fiscal Year 2009-2010 - Approved Staff Recommendation (5-0-0) - Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Approve the Second Amendment with Tremco/Weatherproofing Technologies, Inc. for $27,416.00 to provide preventive roof maintenance services at the various locations and extend the Agreement to June 30, 2010. 18 First Amendment with Computer Alert Systems, Inc.:- Approved Staff Recommendation (5-0-0) - Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Approve the First Amendment with Computer Alert Systems, Inc. for Alarm Monitoring, Inspection, and Repair Services in the amount of $22,700 for Fiscal Year 2009-2010. 19 Fourth Amendment to T & T Janitorial Agreement for City Facility Janitorial Services for Fiscal Year 2009-2010 - Approved Staff Recommendation (5-0-0) - Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 19.1 Approve the Fourth Amendment with T & T Janitorial in the amount of $84,885.96 for Janitorial Maintenance Services at the various locations and extend the Agreement to June 30, 2010. 20 Third Amendment to Prudential Overall Supply Agreement - Approved Staff Recommendation (5-0-0) - Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 20.1 Approve the Third Amendment with Prudential Overall Supply in the amount of $25,000 for Uniform, Floor Mat, and Towel Cleaning/Rental Service for Fiscal Year 2009-2010. 21 Second Amendment to the Elevator Services and Monitoring Agreement with ThyssenKrupp Elevator for Fiscal Year 2009-2010 -Approved Staff Recommendation (5-0-0) - Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 21.1 Approve the Second Amendment with ThyssenKrupp Elevator in the amount of $15,000 for Elevator Services and Monitoring for Fiscal Year 2009-2010. 22 First Amendment with Arch Chemicals, Inc. formally Marine Biochemists for Water Management/Maintenance Services for Fiscal Year 2009-2010 - Approved Staff Recommendation (5-0-0) - Director Comerchero made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 22.1 Approve the First Amendment with Arch Chemicals, Inc. formally Marine Biochemist, in the amount of $68,260 for Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond for Fiscal Year 2009-2010. CSD DEPARTMENTAL REPORT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:37 p.m., the Temecula Community Services District meeting was formally adjourned to Wednesday, May 20, 2009 at 10:00 A.M., for the purpose of a Budget Workshop in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] ITEM NO. 17 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 26, 2009 SUBJECT: FY 2008/09 4th of July Fireworks Presentation PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors approve a one year Agreement between the Temecula Community Services District and Pyro Spectaculars, Inc. to provide a fireworks presentation in the amount of $34,500. BACKGROUND: Pyro Spectaculars, Inc. has successfully provided an outstanding 4th of July fireworks presentation to the residents of Temecula for the past nine years. Pyro Spectaculars, Inc. is a Southern California based professional full service fireworks production company with a proven record of providing a winning combination of superior pyrotechnic product, qualified and experienced staff and production capabilities that produce an exciting twenty-four minute patriotic fireworks display that the Temecula Community Services District is proud to sponsor annually. The cost of services includes the knowledge and support of a licensed pyrotechnic operator and crew, show choreography and design, required permit submittals, insurance coverage, sales tax, delivery, installation and an electronic firing system. FISCAL IMPACT: The cost necessary to provide the fireworks display in FY2008-09 is $31,500, plus $3,150 contingency and is currently budgeted in 190-183-999-5370. ATTACHMENTS: Agreement Pyro Spectaculars, Inc. CITY OF TEMECULA P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT Rialto, CA 92377 Ver. # 1 Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2009 PRODUCTION AGREEMENT This agreement ("Agreement") is made this 26' day of Ia 2009 by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as ('PYRO'% and City of Temecula and the Temecula Community Services District, hereinafter referred to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party' or collectively as "Parties" herein. 1. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program 'W', attached hereto and incorporated herein by this reference. 1.1 PYRO Duties - PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein. 1.2 CLIENT Duties - CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safetywith respect to the public, CLIENT personnel and other contractors. 2. Time and Place - The Production shall take place on July 4, 2009, at, at approximately 9:00 PM at Rancho California Sports Park on the hilltop east or Fire Station q 84, Pauba Street, Temecula, CA, Site. 3. Fees, Interest, and Expenses - 3.1 Fee - CLIENT agrees to pay PYRO a fee of 34,500.00 PSD (THIRTY-FOUR THOUSAND FIVE HUNDRED Dollars) ("Fee") for the Production. CLIENT shall pay to PYRO ~ 1^, ,250.00IUSD (SEVENTEEN THOUSAND TWO HUNDRED FIFTY Dollars) of the Fee plus estimated permit and standby fees, specified production costs, and other regulatory costs approximated at $74.00, for a total of $17,325.00, as a deposit ("Deposit") upon the execution of this Agreement by both parties but no later than May 29, 20091 The balance of the Fee shall be paid no later than July 6, 2009. CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20. 3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys' fees. 3.3 Expenses - PYRO shall pay all normal expenses directly related to the Production including fi•eight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT's responsibility in this Agreement and Scope of Work. 4. Proprietary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIENT-owned material or third-party-owned material that has been included in the Production, and as to such CLIENT-owned and third-party- owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT-owned material and third-party-owned material and shall not be responsible in anyway for such material. If applicable, CLIENT consents to the use of CLIENT-owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its trade names that are used in or area product of the Production. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited. 5. Safe - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sole discretion to determine whether or not the Production maybe safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO. 6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO fi•om entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production. 7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up. PS V 1-2a Pyro Spectaculars, Inc. CITY OF TEMECULA P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT Rialto, CA 92377 Ver. # 1 Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2009 Page 2 of-1 S. Permits - PYRO agrees to apply for permits required for the discharge of pyrotechnics from the Riverside County Fire Department (or other authority having jurisdiction), FAA, USCG, and the State of California, as required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government. 9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with PYRO's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT. The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include the following: (1) that it may not be canceled or modifiedwithout the insurance carrier providing at least thirty (30) days prior written notice to CLIENT; and (2) that the following are named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any, and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their respective operations and services. Evidence of other insurance shall be provided upon CLIENT's written request to PYRO. 10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in thi s Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party. 11. Limitation of Damages for Ordinary Breach -Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages fi•om PYRO including, without limitation, damages for loss of income, business or profits. 12. Force Maieure -CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled. 13. Rescheduling Of Event -If CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31 st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods. 14. Right To Cancel - CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 to 90 days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production. 15. No Joint Venture -It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or joint venture between CLIENT and PYRO. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein. 16. Applicable Law -This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California. It is firrther agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable. 17. Notices- Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N. PS V 1-2a Pyro Spectaculars, Inc. CITY OF TEMECULA P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT Rialto, CA 92377 Ver. # 1 Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2009 Page 3 of-1 Locust Avenue, Rialto, Califomia 92377. CLIENT Temecula Community Services District, 43200 Business Park Drive, P.O. Box 9033, Temecula, CA 92589-9033.1 18. Modification of Terms -All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 19. Severabilitv -If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns. 20. Price Firm -If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void. PRICE FIRM through May 29, 2009 EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE. See PRICE FIRM conditions, paragraph 20, above. EXECUTED as of the date first written above: PYRO SPECTACULARS, INC. By: Its: James R. Souza, President SHOW PRODUCER: Jeff Martin CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, President Peter M. Thorson, City Attorney By: By: Susan W. Jones, MMC, City Clerk PS V 1-2a Pyro Spectaculars, Inc. CITY OF TEMECULA P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT Rialto, CA 92377 Ver. # 1 Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2009 SCOPE OF WORK PYRO SPECTACULARS, INC. ("PYRO") and [CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT I("CLIENT") Pyro shall provide the following goods and services to CLIENT: • One Pyro Spectaculars, Inc., Production Ion July 4. 2009, at approximately 9:00 PM at Rancho California Sports Park on the hilltop east of Fire Station # 84, Pauba Street, Temecula, CA. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Application for specific pyrotechnic permits relating to the Production. • Musical soundtrack for the Production supplied in agreed upon format. • Insurance covering the Production as set forth in the Agreement with the following limits: Insurance Reauir•ements Limits Commercial General Liability $1,000,0OO.Od, Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage) Business Auto Liability- $5,000,000.00 Combined Single Limit- Each Occurrence Owned, Non-Owned and Hired Autos (Bodily Injury & Property Damage) Workers' Compensation Statutory Employer Liability $1,000,000 Per Occurrence CLIENT shall provide to PYRO the following goods and services: • All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT. • Coordination and any applicable non-pyrotechnic permitting with the local, state or federal government that may hold authority within the Production. • Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set-up and load-out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. • ~ professional grade Audio System including all necessary equipment, installation of such equipment and trained audio engineers for operation based on audio and communications requirements provided by PYRO. General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary PS V 1-2a ITEM NO. 18 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: May 26, 2009 SUBJECT: Community Services Technical Support PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors approve the Agreement between the Temecula Community Services District and Timmy D' Productions in the amount of $55,000 to provide technical support at Citywide special events and programs as needed. BACKGROUND: Timmy D' Productions has successfully provided outstanding technical support and sound services for numerous City sponsored programs and major special events for many years. Timmy D' Productions has a proven record in providing superior services and quality support for the increased number of programs and major special events offered throughout the City. The following is a listing of programs and special events that will be provided through this Agreement. The services may include but are not limited to staging, sound equipment, movie equipment, producer services and entertainment as needed. 4th of July Extravaganza Summer Concert Series Teen Dances and Socials Pool Parties Aglow in the Park Annual Easter Egg Hunts Annual Christmas Tree Lighting Ceremony Dedications Movies in the Park Halloween and Harvest Festival Skate Park Competitions Family Fun Nights FISCAL IMPACT: Funds necessary to provide technical support at Citywide special events and programs are available in the FY2009-2010 budget. ATTACHMENTS: Attachments NON-EXCLUSIVE THIRD PARTY ENTERTAINMENT AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TIMMY D' PRODUCTIONS THIS AGREEMENT is made and effective as of May 26, 2009 between the Community Services District, a municipal corporation ("District") and Timmy D' Productions ("Entertainer/Agent"). 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, 2009 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 30, 2010 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Entertainer/Agent shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Entertainer/Agent shall complete the tasks, or have the hired entertainment complete the tasks according to the schedule of performance that will be provided upon District's request for Entertainer/Agents "Event Price Quote/Agreement". 3. a. Entertainer/Agent and any performers contracted and/or represented by the Entertainer/Agent or any third party shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Entertainer/Agent and any employees or and/or contracted/represented performers of Entertainer/Agent or any third party and his firm shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Entertainer/Agent and/or any third party or contracted entertainment hereunder in meeting its obligations under this Agreement. b. Special Effects. No pyrotechnics or special effects of any kind shall be allowed as any part of a performance for the District by the Entertainer/Agent, its employees, or any entertainer/performer hired or represented by the Entertainer/Agent or any third party without the prior written consent of the General Manager or authorized designee. 4. LOCATION AND RELIABILITY OF PERFORMANCE. The date, time, and location of Entertainer/Agents performance or that of any employees or contracted performers of the Entertainer/Agent shall be determined at the time of District's request for "Event Price Quote/Agreement". All entertainment shall be provided within District and City limits. Time and reliability are of the essence in this Agreement. v. PAYMENT. a. The District agrees to pay Entertainer/Agent 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 five thousand dollars and no cents (55,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee the Entertainer/Agent this amount in contracted performances. CAProgram Files\Neevia.Com\Document Converterltemp\918607.doc b. Entertainer/Agent 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 General Manager. Entertainer/Agent shall be compensated for any additional services in the amounts and in the manner as agreed to by the General Manager and Entertainer/Agent at the time District's written authorization is given to Entertainer/Agent for the performance of said services. Entertainer/Agent acknowledges and agrees that it shall be responsible for paying any employee's of its firm and/or any entertainers/performers contracted by the Entertainer/Agent (Timmy D Productions) to perform on behalf of Entertainer/Agent or any third party for any District event. This Agreement is between the District and Timmy D' Productions only. The District shall not be held liable for any monies due or any disputes for contractual agreements between the Entertainer/Agent and other independent performers/entertainers hired by the Entertainer/Agent. Entertainer/Agent shall provide District a written release in a form reasonably acceptable to the District, signed by all entertainers/performers hired/represented by the Entertainer/Agent or any third party, releasing the District and waiver from any liability for payment prior to each event. C. Entertainer/Agent 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 District disputes any of Entertainer/Agent's fees it shall give written notice to Entertainer/Agent within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. NON-EXCLUSIVE AGREEMENT. Entertainer/Agent understands this is a non-exclusive Agreement between the District and Entertainer/Agent only and no guarantee of work or cost as outlined in Sections 2 and 5 is given or implied. 7. EQUIPMENT/MATERIALS. Entertainer/Agent(s) shall provide their own sound equipment and any other special equipment and materials that are required for the performance, unless other arrangements are made in writing and approved with the District prior to the performance. Sound equipment shall be adequate for the size of the anticipated audience and location of the performance. The District reserves the right to inspect all equipment and/or materials being used for any performance. 8. USE OF COPYRIGHTED MATERIAL. The Entertainer/Agent shall be fully responsible for paying any legally required royalties of fees for the use by the Entertainer/Agent or any employees of the Entertainer/Agent or any entertainers/performers hired/represented by the Entertainer/Agent or any third party of copyrighted material and shall comply at all times with all applicable copyright laws. 9. ASSIGNMENT. The Entertainer/Agent shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. Upon termination of this Agreement, Entertainer/Agents 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 District Board and Entertainer/Agent. CAProgram Files\Neevia.Com\Document Converterltemp\918607.doc 10. SUSPENSION, TERMINATION, OR CANCELLATION OF PERFORMANCE AND AGREEMENT WITHOUT CAUSE. a. A performance may be cancelled, terminated, or suspended at any time, with or without cause, at the sole discretion of the General Manager or his delegate without default or breach of this Agreement by the District. The District may also at any time, for any reason, with or without cause suspend or terminate this Agreement, or any portion hereof, by serving upon the Entertainer/Agent at least ten (10) days prior written notice. Upon receipt of said notice, the Entertainer/Agent shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates this Agreement, or a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event a performance is cancelled, terminated or suspended, or this Agreement is terminated pursuant to this Section, the District shall pay to Entertainer/Agent the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Entertainer/Agent will submit an invoice to the District pursuant to Section 5 c. 11. DEFAULT OF ENTERTAINERIAGENT. a. The Entertainer/Agent's or any employee of the Entertainer/Agent or entertainer/performer hired by the Entertainer/Agent failure to comply with the provisions of this Agreement shall constitute a default. In the event that Entertainer/Agent is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Entertainer/Agent for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Entertainer/Agent. If such failure by the Entertainer/Agent to make progress in the performance of work hereunder arises out of causes beyond the Entertainer/Agent's control, and without fault or negligence of the Entertainer/Agent, it shall not be considered a default. b. If the General Manager or his delegate determines that the Entertainer/Agent, an employee of the Entertainer/Agent, or that of any entertainer/performer hired by the Entertainer/Agent is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Entertainer/Agent with written notice of the default. The Entertainer/Agent 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 Entertainer/Agent fails to cure its default within such period of time, the District 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. 12. INDEMNIFICATION. The Entertainer/Agent, its employees and any entertainer/performer hired by the Entertainer/Agent 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 District, 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 Entertainer/Agent's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, including, without limitation copyright infringement, excepting only liability arising out of the negligence of the District. CAProgram Files\Neevia.Com\Document Converterltemp\918607.doc 13. INSURANCE REQUIREMENTS. Entertainer/Agent 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 Entertainer/Agent, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Entertainer/Agent 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 Entertainer/Agent has no employees while performing under this Agreement, worker's compensation insurance is not required, but Entertainer/Agent shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Entertainer/Agent 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. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. At the option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Entertainer/Agent 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 District, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of CAProgram Files\Neevia.Com\Document Converterltemp\918607.doc activities performed by or on behalf of the Entertainer/Agent; products and completed operations of the Entertainer/Agent; premises owned, occupied or used by the Entertainer/Agent; or automobiles owned, leased, hired or borrowed by the Entertainer/Agent. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Entertainer/Agent's insurance coverage shall be primary insurance as respects the District, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Entertainer/Agent'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 District, its officers, officials, employees or volunteers. (4) The Entertainer/Agent'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 District. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the District via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Entertainer/Agent shall furnish the District 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 District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Entertainer/Agent's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. C:AProgram Files\Neevia.Com\Document Converterltemp\918607.doc 14. INDEPENDENT CONTRACTOR. a. Entertainer/Agent, its employees and any entertainers/performers hired by the Entertainer/Agent is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Entertainer/Agent shall at all times be under Entertainer/Agent's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Entertainer/Agent or any of Entertainer/Agent's officers, employees, or agents, or contractual performers except as set forth in this Agreement. Entertainer/Agent shall not at any time or in any manner represent that it or any of its officers, employees or agents or contracted performers are in any manner officers, employees or agents of the District. Entertainer/Agent shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to Entertainer/Agent, its employees, or any entertainers/performers hired by the Entertainer/Agent in connection with the performance of this Agreement. Except for the fees paid to Entertainer/Agent as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Entertainer/Agent, its employees or hired performers for performing services hereunder for District. District shall not be liable for compensation or indemnification to Entertainer/Agent, its employees or any contracted entertainers/performers hired/represented by the Entertainer/Agent for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Entertainer/Agent shall keep itself informed of all local, State and Federal ordinances, laws, regulations and copyrights which in any manner affect those employed or contracted by it or in any way affect the performance of its service pursuant to this Agreement. The Entertainer/Agent shall at all times observe and comply with all such ordinances, laws, regulations and copyrights. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Entertainer/Agent, its employees or any entertainers/performers hired/represented by the Entertainer/Agent to comply with this section. 16. RELEASE OF INFORMATION. a. All information gained by Entertainer/Agent in performance of this Agreement shall be considered confidential and shall not be released by Entertainer/Agent without District's prior written authorization. Entertainer/Agent, its officers, employees, agents or entertainers/performers hired/represented by the Entertainer/Agent, shall not without written authorization from the General 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 Entertainer/Agent gives District notice of such court order or subpoena. b. Entertainer/Agent shall promptly notify District should Entertainer/Agent, its officers, employees, agents or any entertainers/performers hired/represented by the Entertainer/Agent 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. District retains the right, but has no obligation, to represent Entertainer/Agent and/or be present at any deposition, hearing or similar proceeding. Entertainer/Agent agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by CAProgram Files\Neevia.Com\Document Converterltemp\918607.doc Entertainer/Agent. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 17. 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 (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To District via U.S. Mail To District via Courier Service: City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Entertainer/Agent: Timmy D' Productions 42075 Remington Avenue Temecula. California 92590 18. LICENSES. At all times during the term of this Agreement, Entertainer/Agent shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 19. GOVERNING LAW. The District and Entertainer/Agent 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. 20. PROHIBITED INTEREST. No officer, or employee of the District/City shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Entertainer/Agent, or Entertainer/Agent's sub-contractors for this project, during his/her tenure or for one year thereafter. The Entertainer/Agent hereby warrants and represents to the District 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 Entertainer/Agent or Entertainer/Agents employees or any entertainer/performer hired/represented by the Entertainer/Agent on this project. Entertainer/Agent further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this CAProgram Files\Neevia.Com\Document Converterltemp\918607.doc 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. 22. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Entertainer/Agent warrants and represents that he or she has the authority to execute this Agreement on behalf of the Entertainer/Agent and has the authority to bind Entertainer/Agent to the performance of its obligations hereunder. CAProgram Files\Neevia.Com\Document Converterltemp1918607.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk Board Secretary Approved As to Form: Peter M. Thorson, City Attorney Timmy D' Productions By: Name: Title: Name: Title: CAProgram Files\Neevia.Com\Document Converterltemp1918607.doc EXHIBIT A TASKS TO BE PERFORMED Entertainer/Agent, its employees and/or any entertainers/performers hired by the Entertainer/Agent or any third party shall provide performances, on an as needed basis, upon request of the Temecula Community Services District. Entertainer/Agent recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Entertainer/Agent only, for future performances at District/City events and recreational activities. The procedure for assigning work is set forth as follows: 1. The General Manager and/or the Director of Community Services or their designee's shall submit to the Entertainer/Agent a written or verbal request for performance. The type of performance, location, date, and time shall be described or conveyed to the Entertainer/Agent. 2. Within five (5) business days of the date of the written or verbal request for performance, the Entertainer/Agent shall respond in writing with an event price quote/Agreement along with an 8X10 black and white photograph of the performer(s), a biography of the performer(s) and specific detailed information concerning the nature of the performance. The Entertainer/Agent shall also disclose if performance will be provided by Timothy Daniels, any personnel employed by Timmy D' Productions or by a contractual entertainer/performer hired and represented by Timmy D' Productions. Special Effects. No pyrotechnics or special effects of any kind shall be allowed as any part of a performance for the District by the Entertainer/Agent, its employees, or any entertainer/performer hired or represented by the Entertainer/Agent or any third party without the prior written consent of the General Manager or authorized designee. 3. Upon acceptance of the Entertainer/Agents response by the General Manager and/or the Director of Community Services or their designee's, the Entertainer/Agent shall proceed to "book" the event. The Entertainer/Agents performance or the performance of its employee's or any entertainer/performer hired/represented by the Entertainer/Agent or any third party for any event shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.Com\Document Converterltemp\918607.doc EXHIBIT B PAYMENT RATES AND SCHEDULE Exhibit B shall be the Event quote/Agreement as provided by the Entertainer/Agent for each individual performance as requested by the District. In any event, the cost of such services, while not guaranteed as per Section 5 of this Agreement, shall not exceed a total of $55,000.00 for the total term of this Agreement. Entertainer/Agent shall be responsible for payment due to any employee of the Entertainer/Agent or any entertainer/performer hired and represented by the Entertainer/Agent or any third party as outlined in Section 5b paragraph 2 of this Agreement. C:AProgram Files\Neevia.Com\Document Converterltemp\918607.doc ITEM NO. 19 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 26, 2009 SUBJECT: Approval of Memorandum of Understanding with De Luz Community Services District Detailing the Administrative and Operational Relationships of Each Agency with Respect to Certain Parcels Common to Each District Within the Santa Margarita Annexation Area PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors approve the "Memorandum of Understanding (MOU) between the De Luz Community Services District (DLCSD) and Temecula Community Services District (TCSD) Detailing the Administrative and Operational Relationships of Each Agency with Respect to Certain Parcels Common to Each District Within the Santa Margarita Annexation Area." BACKGROUND: The Santa Margarita Area Annexation (SMAA) consists of approximately 4,997 acres and is located immediately southwest of the City of Temecula, west of Interstate 15 and north of the San Diego County and Riverside County border. The annexation will bring the entire SMAA into the incorporated City of Temecula and the TCSD. The TCSD has the ability to provide the following services: park, recreational and cultural programs and facility maintenance; traffic signal and arterial street lighting, landscaped median maintenance (Special Tax); residential street lighting (Service Level B); residential perimeter landscaping (Service Level C); recycling and refuse collection services (Service Level D) and emergency unpaved road maintenance in a specific area of the TCSD (Service Level R). The DLCSD is comprised of approximately 19,600 acres and is primarily used for agricultural, residential and open space purposes. Established by Riverside County in November 1978 by the Riverside County Board of Supervisors they began operations in March 1979. Upon establishment, the DLCSD was granted the power to perform three functions: road construction and maintenance; refuse collection and extended police protection. There are ten (10) parcels, located within the northern boundary of the SMAA, that are within the DLCSD. Seven (7) of the parcels are owned by the State of California; two (2) parcels owned by Nature Conservancy and one (1) parcel owned by the San Diego State University Foundation. All of the common parcels are undeveloped, open space and represent approximately 1 % of the entire DLCSD area. After meeting with the DLCSD staff and board member representative, it was determined that the only overlapping service provided by both the TCSD and DLCSD is the administration of the refuse collection services. The MOU brought forward to you today addresses the duplicative service and clarifies that the DLCSD will continue to provide refuse services even after annexation into the City of Temecula and the TCSD. The City's current franchised hauler has agreed to these terms and further actions will be taken, upon annexation, to insure that the all solid waste collection will remain the responsibility of the DLCSD. FISCAL IMPACT: There will be no fiscal impact as there will be no services provided by TCSD nor any assessments collected. ATTACHMENTS: 1. Draft MOU 2. Vicinity Map MEMORANDUM OF UNDERSTANDING BETWEEN THE DE LUZ COMMUNITY SERVICES DISTRICT AND THE TEMECULA COMMUNITY SERVICES DISTRICT DETAILING THE ADMINISTRATIVE AND OPERATIONAL RELATIONSHIPS OF EACH AGENCY WITH RESPECT TO CERTAIN PARCELS COMMON TO EACH DISTRICT WITHIN THE PROPOSED SANTA MARGARITA ANNEXATION AREA THIS MEMORANDUM OF UNDERSTANDING is made by and between the Temecula Community Services District ("Temecula CSD") and the De Luz Community Services District ("De Luz CSD"), and is dated as of May 26, 2009. In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Recitals. This Memorandum of Understanding ("MOU") is made with respect to the following facts and for the following purposes which the parties agree are true and correct: A. The City Council of the City of Temecula adopted Resolution No. 08-112 initiating proceedings with the Riverside County Local Agency Formation Commission ("LAFCO") to annex approximately 4,997 acres of land to the City of Temecula and to the Temecula Community Services District ("Annexation"). The area to be annexed is generally located immediately southwest of the City of Temecula, west of Interstate 15 and north of San Diego County and Riverside County Boundary and is known as the "Santa Margarita Annexation Area." B. In the course of the LAFCO proceedings, it has been determined that ten (10) parcels within the Santa Margarita Annexation Area proposed to be annexed to the City of Temecula and the Temecula Community Services District are currently located within the De Luz Community Services District. These parcels and their owners are: (1) APN 940-280-006, San Diego State University Foundation; (2) APN 940-260-001, State of California; (3) APN 940-260-003, Nature Conservancy; (4) APN 940-260-002, Nature Conservancy; (5) APN 940- 260-004, State of California; (6) APN 940-260-005, State of California; (7) APN 940-250-002, State of California; (8) APN 940-250-003, State of California; (9) APN 940-250-006, State of California; and (10) APN 918-070-014, State of California ("Common Parcels"). C. The Common Parcels comprise approximately 4.3 % of the area of the Santa Margarita Annexation Area and approximately 1.07% of the area served by the De Luz CSD. All of the Common Parcels are owned by public entities or non-profit organizations and are designated "Open Space--Conservation Habitat" under the current Riverside County General Plan and "Conservation--Santa Margarita" in the proposed pre-zoning by the City of Temecula effective upon annexation. D. The De Luz CSD provides the following services within its service area: (1) construction and maintenance of roads; (2) refuse and recycling services; and (3) supplemental law enforcement services. The Temecula CSD provides the following services within its service area: (1) development and maintenance of park, cultural and recreation facilities; (2) operation 1133372 Final May 14, 2009 of recreational activities and programs; (3) operation of Temecula Historical Museum and the Temecula Children's Museum; (4) operation of the Old Town Temecula Community Theater; (5) residential refuse and recycling services; (6) perimeter slope and parkway maintenance in certain designated areas subject to special rates and charges; (7) residential street light and traffic signal energy operations in certain designated areas subject to special rates and charges; (8) landscaped median maintenance;(9) emergency maintenance of unpaved roads in certain designated areas subject to special rates and charges; and (10) operation and maintenance of Harveston Lake. Therefore, except for refuse and recycling services, there are no other services provided by both De Luz CSD and Temecula CSD to the Common Parcels. E. Both parties believe that the Common Parcels would best be served by each party continuing to provide their specialized services to the Common Parcels and De Luz CSD continuing to provide solid waste services to the Common Parcels. F. The purpose of this MOU is to establish a formal arrangement between the De Luz CSD and the Temecula CSD that details the administrative and operational relationship of each agency with respect to the Common Parcels in accordance with Section 2. 1.1 of the Riverside County Local Agency Formation Commission Policies and Procedures. G. With this MOU, the De Luz CSD has no objections to the proposed Annexation. 2. Services to be Provided by De Luz CSD for the Common Parcels Upon Annexation. Upon the effective date of the Annexation, De Luz CSD shall continue to provide the following services to the Common Parcels: (1) construction and maintenance of roads; (2) refuse and recycling services; and (3) supplemental law enforcement services. De Luz CSD may expand or contract the level of such services in accordance with the laws, regulations and ordinances governing its operations. Upon the effective date of the Annexation, De Luz CSD shall continue to assess taxes, rates and charges or such other and further funding mechanisms for such services as the De Luz CSD shall approve or assess in accordance with the laws, regulations and ordinances governing its operations. 3. Services to be Provided by Temecula CSD for the Common Parcels Upon Annexation. Upon the effective date of the Annexation, Temecula CSD shall provide for the Common Parcels those services that it provides to the other portions of its service area except for those provided by De Luz CSD and described in Paragraph 2. of this MOU. Temecula CSD shall not provide refuse and recycling services to the Common Parcels and shall take such further actions as are necessary to make arrangements with its refuse and recycling provider to implement this provision. Upon the effective date of the Annexation, Temecula CSD shall assess such taxes, rates and charges or such other and further funding mechanisms for the services it will provide to the Common Parcels as it shall approve or assess in accordance with the laws, regulations and ordinances governing its operations. 4. No Change in Boundaries of De Luz CSD or Temecula CSD. The current boundaries of the De Luz CSD shall not change upon the effective date of the Annexation. The parties agree that boundaries of both the De Luz CSD and the Temecula CSD will concurrently cover the Common Parcels subject to the allocation of administrative and operational responsibilities as set forth in this MOU. This MOU is not intended to nor shall it be construed 1133372 Final May 14, 2009 2 to provide for or permit the merging of the two districts within the Common Parcels nor to make the De Luz CSD a subsidiary district or otherwise a part of the City of Temecula. 5. Expansion of Services Provided by De Luz CSD or Temecula CSD for the Common Parcels. In the event either party desires to expand its services beyond those allocated by this MOU, representatives of the parties shall meet in good faith to determine which district can most efficiently provide for the additional service. 6. General Provisions. A. This MOU contains the entire understanding between the parties relating to the subject matter of this MOU, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter of this MOU are merged into this MOU and shall be of no further force or effect. B. Each party is entering into this MOU based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts and legal research such party deems material. Each party warrants and represents to the other that it has had the opportunity to review this MOU with legal counsel and financial consultants and to receive the advice of legal counsel and financial consultants prior to its approval and execution of the MOU. C. This MOU shall be construed according to its fair meaning and as if prepared by both parties hereto. Any rule of law (including, without limitation, California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this MOU against the party that has drafted it is not applicable and is hereby waived. D. Each party acknowledges and agrees that this MOU is valid, legal and binding upon it. E. Time is of the essence of each provision of this MOU of which time of performance is a factor. F. Any notices which either party may desire to give to the other party under this MOU 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 a notice given pursuant to this Section. 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 Temecula CSD: Temecula Community Services District 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: Shawn Nelson, General Manager 1133372 Final May 14, 2009 To De Luz CSD: De Luz Community Services District 41785 Enterprise Circle, Suite A Temecula, California 92590 Attention: Rob Holmes, General Manager G. The person executing this MOU on behalf of the De Luz CSD warrants and represents to the Temecula CSD that this MOU has been duly approved by the De Luz CSD and that all applicable notices and procedures were complied with and that he is duly authorized by the De Luz CSD to execute this MOU on behalf of the De Luz CSD and has been duly authorized to do so. The person executing this MOU on behalf of the Temecula CSD warrants and represents to the De Luz CSD that this MOU has been duly approved by the Temecula CSD and that all applicable notices and procedures were complied with and that he is duly authorized by the Temecula CSD to execute this MOU on behalf of the Temecula CSD and has been duly authorized to do so. H. Neither party may commence litigation under or with respect to this MOU until such time as a notice of default has be properly served on the other party and the party fails to cure the default within thirty (30) days after the date the notice of default is given. If either party commences litigation under or with respect to this MOU, the prevailing party shall be entitled to receive its reasonable attorneys' fees and costs incurred in the prosecution or defense of the action. IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first above written. DE LUZ COMMUNITY SERVICES DISTRICT, a California community services district Steven Rubin President ATTEST: Secretary 1133372 Final May 14, 2009 4 APPROVED AS TO FORM: Jeffrey Scott General Counsel TEMECULA COMMUNITY SERVICES DISTRICT, a California community services district Chuck Washington President ATTEST: Susan W. Jones, MMC Secretary APPROVED AS TO FORM: Peter M. Thorson General Counsel 1133372 Final May 14, 2009 J / r ` wet ~ R~oq ITEM NO. 20 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 26, 2009 SUBJECT: Seventh Amendment to the Midori Gardens, Inc. Maintenance Services Contract PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the Seventh Amendment with Midori Gardens, Inc., for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas in the amount of $841,260.00 for Fiscal Year 2009 - 2010. 2. Authorize the General Manager to approve additional work not to exceed the contingency amount of $84,126.00 which is equal to 10% of the Amendment. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six (36) month contract to Midori Gardens, Inc. to provide landscape maintenance services for neighborhood parks in the amount of $360,000.00 annually. The First Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $411,600.00 which provided for an annual Consumer Price Index increase and allowed for continued landscape maintenance services of neighborhood parks. The Second Amendment was approved on June 28, 2005 in the amount of $71,574.00 to authorize the addition of the Redhawk Park Sites (A, B, E, F) and general maintenance of the tennis courts at the Temecula Valley High School through December 31, 2005. The Third Amendment was approved on November 22, 2005 in order to authorize the annual expenditure of $659,383.00 which provided for an annual Consumer Price Index increase and to allow for continued landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance areas through December 31, 2006. The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual expenditure of $867,922.00 which provided for an annual Consumer Price Index price increase and to allow for continued landscape maintenance services for neighborhood parks, Patricia H. Birdsall Sports Park, new and supplemental landscape maintenance areas through June 30, 2007. The Fifth Amendment was approved on November 27, 2007 in order to authorize the annual expenditure of $433,961.00 to provide continued landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance areas through June 30, 2008. The Six Amendmentwas approved on May 13, 2008 in orderto authorize the annual expenditure of $885,408.00 to provide continued landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance areas through June 30, 2009. As a result of last year's economic downturn, staff looked at ways to reduce our expenses without negatively impacting services. Staff negotiated with Midori Gardens, Inc. to reduce our landscape maintenance services costs. Midori Gardens, Inc. agreed to accept a 3% reduction in fees without a reduction in services. In return, Midori Gardens, Inc. requested that the TCSD consider two (2) additional one-year extensions to the Agreement. This was mutually beneficial in that the TCSD continue to receive the same level of service and benefited from a reduction in costs. The reduced fees save approximately $26,635.00 for Fiscal Year 2008-2009. This Seventh Amendment is for approval of a one (1) year contract to June 30, 2010 and authorize the annual expenditure of $841,260.00 plus 10% contingency, to provide continued landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance areas through June 30, 2010 FISCAL IMPACT: The cost of the landscape maintenance services contract is $841,260.00 plus an additional ten percent (10%) contingency. Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2009 - 2010 in the appropriate expenditure accounts. ATTACHMENTS: 1) Amendment No 7. RASIRE REPORTS ET ALWaintenance\Agenda Report 2009 - 20101Agenda Report Midori 2009- 2010.doc SEVENTH AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND MIDORI GARDENS, INC. FOR MAINTENANCE SERVICES THIS SEVENTH AMENDMENT is made and entered into as of May 26, 2009 by and between the Temecula Community Services District, a municipal corporation ("City") and Midori Gardens, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $360,000.00 annually. B. The First amendment was approved on December 14, 2004 in order to increase the payment for continued landscape maintenance services in the amount of $411,600.00 C. The Second amendment was approved on June 28, 2005 in the amount of $71,574.00 to authorize the addition of the Redhawk Park Sites (A, B, E, F) and general maintenance of the tennis courts at the Temecula Valley High School. D. The Third amendment was approved on November 22, 2005 to increase the payment for the annual 4.7% Consumer Price Index (CPI) adjustment and for additional services in the amount of $659,383.00 and amend the Agreement as set forth in this Amendment. E. The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual expenditure of $867,922.35 which provide for an annual 3.4% Consumer Price Index (CPI) price increase and to allow for continued landscape maintenance services areas through June 30, 2008. F. The Fifth Amendment was approved on November 27, 2007 in order to authorize the annual expenditure of $433,961.00 for landscape maintenance services and new and supplemental landscape areas through June 30, 2008 and amend the Agreement as set fort in this Amendment. G. Sixth Amendment was approved on May 13, 2008 in order to authorize the annual expenditure of $885,408.00 for landscape maintenance services and new and supplemental landscape areas through June 30, 2009 and amend the Agreement as set fort in this Amendment. H. The parties now desire to approve the payment of $841,260.00 for landscape maintenance services and new and supplemental landscape maintenance areas through June 30, 2010 and amend the Agreement as set fort in this Amendment. CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2010. The Seventh Amendment will take effect on July 1, 2009. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payments rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The seventh amendment amount shall not exceed Eight Hundred Forty One Thousand Two Hundred Sixty and 001100 dollars ($841, 260.00) through June 30, 2010. The total contract amount is Four Million Five Hundred Thirty One Thousand One Hundred Eight and 351100 dollars ($4,531,108.35) for the term of the Agreement, unless additional payments are approved as provided in this Agreement". 4. Except for the changes specifically set forth herein, all other terms and condition of the Agreement shall remain in full force and effect. Ill Ill CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Chuck Washington, President ATTEST: BY: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Midod Gardens, Inc. 3231 S. Main Street Santa Ana, CA 92707 (714)751-8792 (phone) (714)731-4167 (fax) BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc EXHIBIT A Pricing Sheet for Landscape Maintenance NEIGHBORHOOD PARKS SERVICE AREA Site # Site Name Monthly Price Annual Price P-1 Veterans Park $ 1,532.00 $ 18,388.00 P-2 Sam Hicks Monument Park 1,698.00 20,377.00 P-3 Calle Aragon Park 141.00 1,691.00 P-4 Bahia Vista Park 141.00 1,691.00 P-5 Loma Linda Park 1,281.00 15,370.00 P-6 Riverton Park 2,135.00 25,617.00 P-7 John Magee Park 427.00 5,123.00 P-9 Voorburg Park 107.00 1,281.00 P-10 Nicolas Road Park 1,281.00 15,370.00 P-11 Butterfield Stage Park 1,281.00 15,370.00 P-12 Temecula Duck Pond 2,998.00 35,980.00 P-13 Rotary Park 256.00 3,074.00 P-14 Nakayama Park 107.00 1,281.00 P-15 Winchester Creek Park 1,708.00 20,494.00 P-16 Long Canyon Creek Park 1,335.00 16,019.00 P-17 Vail Ranch Park 6,575.00 78,897.00 P-18 Stephen Michael Linen Jr. Memorial Park 854.00 10,247.00 P-19 Pablo Apis Park 854.00 10,247.00 P-20 Crowne Hill Park 1,537.00 18,444.00 P-21 Meadows Park 2,135.00 25,617.00 P-22 Pauba Ridge 2,135.00 25,617.00 P-23 Serena Hills Park 1,388.00 16,651.00 P-24 Harveston Lake Park 3,570.00 42,845.00 SS-1 Via Eduardo Streetscape 136.00 1,630.00 FC-1 Nada Lane 108.00 1,298.00 P-25 Sunset Park 763.00 9,161.00 P-26 Paseo Gallante Park 858.00 10,295.00 P-27 Temecula Creek Trail Park 3,408.00 40,892.00 P-28 Redhawk Community Park 6,878.00 82,539.00 SP-8 Patricia H. Birdsall Sports Park 15,045.00 180,536.00 SC-4 Temecula Valley High School Tennis Court 620.00 7,435.00 P-29 Wolf Creek Trail Park (North) 1,535.00 18,415.00 P-29A Wolf Creek Park (South) 1,775.00 21,303.00 P-30 Wolf Creek Neighborhood Park 3,029.00 36,348.00 CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc EXHIBIT A (Continued) T-1 Santa Gertrudis Trail T-2 Temecula Creek Village Trail Monthly Price 249.00 228.00 TOTAL $ 70,105.00 Authorized Signature Annual Price 2,985.00 2,732.00 $ 841,260.00 CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. Includes trash removal). Price per Square Foot Monthly Annually NIA sq. ft. .0100 .1199 sq. ft. .0150 .1804 sq. ft. NIA sq. ft. N/A sq. ft. .0070 .0838 sq. ft. N/A per field N/A per field Authorized Signature CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc Landscape Maintenance Extra Work Price Sheet 1. Turf Maintenance (All turf areas) Unit Cost 1. Mowing (Including bagging of clippings) $ .0237 sq. ft. 2. Edging .0053 linear ft. 3. String Trimming .0051 linear ft. 4. Aerification (Core/3") .0005 sq. ft. 5. Aerification (Deep Tine/6") .0076 sq. ft. 6. Weed Removal (Manual) 20.52 per man hr. 7. Pest Control (Manual) 32.40 per man hr. 8. Fertilization (Placement only) .0007 sq. ft. 9. Materials (Fertilizer, Soil Amends) 19.40% mark-up II. General Landscape Maintenance (Planters and Slop e areas) 1. Edging (Ground Cover) $ .0053 linear ft. 2. Trimming (Shrubs, Ground Cover) .0161 sq. ft. 3. Pruning/Shrubs, Vines, Roses .0324 sq. ft. 4. Pruning/Trees (To 18') 54.01 each 5. Weed Removal (Manual) 20.52 per man hr. 6. Pest Control (Manual) 32.40 per man hr. 7. Fertilization (Placement only) .0007 sq. ft. 8. Vegetation Removal .0324 sq. ft. 9. Materials (Fertilizer, Soil Amends) 19.40% mark-up III. Plant Material (Installed, all areas) 1. Annual Color (4" Container) $ 1.685 each 2. Ground Cover 17.28 flat 3. One (1) Gallon 6.48 each 4. Five (5) Gallon 17.28 each 5. Fifteen (15) Gallon 70.21 each 6. 24" Box Tree 270.05 each 7. Seeded Turf .0324 sq. ft. 8. Sodded Turf 1.0796 sq. ft. 9. Hydroseed .6480 sq. ft. 10. Soil Preparation (Existing area) .0324 sq. ft. 11. Soil Preparation (New area) .4313 sq. ft. 12. Wood Mulch 54.01 cu. yd. (applied) IV. Irrigation System Maintenance 1. Inspection $ 27.00 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 27.00 per hr. 3. Parts 19.40% mark-up V. General Pest Control 1. Written Recommendation by PCA $ 64.81 each 2. Qualified Applicator (QAC) 37.80 per hr. 3. Trained Applicator 27.00 per hr. 4. Material 19.40% mark-up CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc ITEM NO. 21 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 26, 2009 SUBJECT: Seventh Amendment to the Excel Landscape, Inc. Maintenance Services Contract PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the Seventh Amendment with Excel Landscape, Inc., to provide continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $1,568,977.00 for Fiscal Year 2009 - 2010. 2. Authorize the General Manager to approve additional work not to exceed the contingency amount of $156,897.70 which is equal to 10% of the Amendment. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six (36) month contract to Excel Landscape, Inc. to provide landscape maintenance services for medians, facilities and the south slope areas in the amount of $480,350.00 annually. The First Amendment was approved on May 11, 2004 in order to increase payment in the amount of $406,205.00 for the addition of landscape maintenance services of sports parks, north slope areas and to allow for the addition of supplemental landscape services. The Second Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $1,397,340.00 which provided for an annual Consumer Price Index (CPI) price increase and allowed for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through December 31, 2005. The Third Amendment was approved on November 22, 2005 in order to authorize the annual expenditure of $1,833,238.00 which provided for an annual Consumer Price Index (CPI) increase and to allow for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through December 31, 2006. The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual expenditure of $ 1,721,107.00 which provided for an annual Consumer Price Index (CPI) increase and to allow for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through December 31. 2007. The Fifth Amendment was approved on November 27, 2007 in order to authorize the annual expenditure of $860,553.00 to provide continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through June 30, 2008. The Sixth Amendment was approved on May 13, 2008 in order to authorize the annual expenditure of $1,668,486.00 to provide continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through June 30, 2009. As a result of last year's economic downturn, staff looked at ways to reduce our expenses without negatively impacting services. Staff negotiated with Excel Landscape, Inc. to reduce our landscape maintenance services costs. Excel Landscape agreed to accept a 3% reduction in fees without a reduction in services. In return, Excel Landscape requested that the TCSD consider two (2) additional one-year extensions to the Agreement. This was mutually beneficial in that the TCSD continued to receive the same level of service and benefited from a reduction in costs. The reduced fees save approximately $51,000.00 for Fiscal Year 2008-2009. Excel Landscape has worked closely with staff and agreed to maintain Service Level C landscape areas pursuant to three separate scopes of service. The level of maintenance services in Service Level C areas will be Commensurate with the level of funding received for each specific zone. This Seventh Amendment is for approval of a one (1) year contract to June 30, 2010 and authorize the annual expenditure of $1,568,977.00 plus 10% contingency, to provide continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through June 30, 2010. FISCAL IMPACT: The cost of the landscape maintenance services contract is $1,568,977.00 plus an additional ten percent (10%) contingency. Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2009 - 2010 in the appropriate expenditure accounts. ATTACHMENTS: 1) Amendment No 7. RASIRE REPORTS ET Al-Waintenance\Agenda Repart 2009 - 20101Agenda Report Excel 042309.doc SEVENTH AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE INC. FOR MAINTENANCE SERVICES THIS SEVENTH AMENDMENT is made and entered into as of May 26, 2009 by and between the Temecula Community Services District, a municipal corporation ("City") and Excel Landscape Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes A. On November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $480,350.00 annually. B. The First Amendment was approved on May 11, 2004 in order to increase the payment for continued landscape maintenance services in the amount of $406,205.00 through December 31, 2004. C. The Second Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $1,397,340.00 for landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through December 31, 2005. D. The Third Amendment was approved on November 22, 2005 to increase the payment for the annual 4.7% Consumer Price Index (CPI) adjustment and for additional services in the amount of $ 1,833,238.00 and amend the Agreement as set forth in this Amendment. E. The Fourth Amendment was approved on November 28, 2006 to increase the payment for the annual 3.4% Consumer Price Index (CPI) adjustment and for additional services in the amount of $1,721,107.00 and amend the Agreement as set forth in this Amendment. F. The Fifth Amendment was approved on November 27, 2007 in order to authorize the annual expenditure of $860,553.00 for landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through June 30, 2008. G. Sixth Amendment was approved on May 13, 2008 in order to authorize the annual expenditure of $1,668,486.00 for landscape maintenance services and new and supplemental landscape areas through June 30, 2009 and amend the Agreement as set fort in this Amendments. H. The parties now desire to approve the payment of $1,568,977.00 for landscape maintenance services and new and supplemental landscape maintenance areas through June 30, 2010 and amend the Agreement as set forth in this Amendment. C:1Pimgram Files\Neevia.Com\Dowment Converter\temp1919791.doc 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2010. The Seventh Amendment will take effect on July 1, 2009. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The Seventh Amendment amount shall not exceed One Million Five Hundred Sixty Eight Thousand Nine Hundred Seventy Seven and 00/100 dollars ($1,568,977.00) through June 30, 2009. The total contract amount is Nine Million Nine Hundred Thirty Six Thousand Two Hundred Fifty Six and 00/100 dollars ($9,936,256.00) for the term of the Agreement, unless additional payments are approved as provided in this Agreement". 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. Ill/ C:1Pmgram Files\Neevia.Com\Dowment Converter\temp1919791.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Chuck Washington, President ATTEST: BY: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape Inc. Jose Alfaro, President 790 Rimpau Ave, Suite 908 Corona CA 92879 (909) 735-9650 (909) 735-0469 (Fax) BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) C:1Pmgram Fi]es\Neevia.Com\Domment Converterltemp1919791.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SPORTS PARKS/SCHOOL SITES SERVICE AREA Site # Site Name Monthly Price Annual Price SP-1 Ronald Reagan Sports Park $1 0,715 $1 28,585 SP-2 Paloma Del Sol Park $ 4,668 $ 56,013 SP-3 Pala Community Park $ 2,906 $ 34,868 SP-4 Kent Hintergardt Park $ 4,421 $ 53,052 SP-5 Margarita Community Park (TES) $ 4,195 $ 50,343 SP-6 Temeku Hills Park $ 4,678 $ 56,139 SP-7 Harveston Community Park $ 8,191 $ 98,291 SC-1 Temecula Middle School $ 456 $ 5,469 SC-3 James L. Day Middle School $ 544 $ 6,527 SC-6 Vail Ranch Middle School $ 906 $ 10,875 SC-7 Paloma Elementary School $ 906 $ 10,875 SC-8 Pauba Valley Elementary School $ 454 $ 5,444 TOTAL $43,040 $616,481 Authorized Signature C:1Pmgram Fi]es\Neevia.Com\Domment Converterltemp1919791.doc EXHIBIT A Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site # Site Name Monthly Price Annual Price M-01 Rancho California Road Medians $ 664 $ 7,964 M-02 Ynez Road Medians (includes Solana Way) $ 718 $ 8,619 M-03 Butterfield Stage Road Medians $ 159 $ 1,903 M-04 Margarita Road Medians (North) $ 745 $ 8,935 M-05 Margarita Road Medians (South) $ 159 $ 1,903 M-06 Winchester Road at Jefferson Median $ 159 $ 1,903 M-07 Pechanga Parkway Medians $ 159 $ 1,903 M-08 Meadows Parkway Medians (North) $ 745 $ 8,934 M-09 Paseo Del Sol Medians $ 745 $ 8,934 M-10 Harveston Medians (Date St/Margarita Rd) $1,332 $15,979 M-11 Jefferson Avenue Medians $ 158 $ 1,890 M-12 Overland Drive Medians/Bridge $ 263 $ 3,150 M-13 Redhawk Medians $ 525 $ 6,301 FVV-1 Interstate 15 $3,982 $47,786 M-03A Butterfield Stage Road Medians (Crowne Hill) $ 491 $ 5,898 M-10A Harveston Medians (Date St / Ynez Rd) $ 1,204 $14,443 M-14 79 South Medians $ 2,022 $24,266 M-15 Wolf Valley Road Median $ 39 $ 469 M-16 Diaz Road Median / Parkway $ 586 $ 7,029 M-17 Meadows Parkway Medians (South) $ 171 $2,046 T-03 Murrieta Creek Trail $1,500 $18,000 TOTAL $16,521 $198,256 C:1Pmgram Fi]es\Neevia.Com\Domment Converterltemp1919791.doc Authorized Signature EXHIBIT A Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site # Site Name Monthlv Price Annual Price F-1 Community Recreation Center $ 1,871 $ 22,456 F-2 Mary Phillips Senior Center $ 617 $ 7,410 F-3 City Hall/Maintenance Facility $ 1,514 $ 18,171 F-4 Temecula Community Center $ 395 $ 4,738 F-5 Fire Station #84 $ 607 $ 7,284 F-6 Old Town Temecula / Gate Way $ 2,281 $ 27,368 F-10 Temecula Children's Museum $ 324 $ 3,894 F-12 Temecula Community Theater $ 85 $ 1,024 F-13 Temecula Public Library $ 1,170 $ 14,039 *F-14 Roripaugh Ranch Fire Station # 95 $ 481 $ 5,777 F-15 Wolf Creek Fire Station # 92 $ 431 $ 5,175 F-20 Fire Station # 92 A $ 192 $ 2,306 F-22 Fire Station #73 $ 198 $ 2,382 (*Supplemental Area) TOTAL $10,169 $122,024 Authorized Signature C:1Pmgram Fi]es\Neevia.Com\Domment Converterltemp1919791.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site # Site Name Monthly Price Annual Price S-3 Rancho Highlands $ 1,568 $18,816 S-8 The Villages A and B $ 5,769 $69,228 S-12 Vintage Hills $ 3,513 $42,156 S-13 Presley (Viranda, Country Glen, Bridlevale) $ 1,210 $14,520 S-16 Tradewinds $ 913 $10,956 S-20 Crowne Hill $ 6,267 $75,204 S-21 Vail Ranch $10,712 $128,544 S-23 Pheasant Run $ 281 $3,377 S-26 Gallery Homes Traditions $ 59 $708 S-28 Wolf Creek $ 8,756 $105,072 S-29 Gallery Homes Portraits $ 110 $1,320 TOTAL $39,168 $469,896 Authorized Signature C:1Pimgram Files\Neevia.Com\Dowment Converter\temp1919791.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (NORTH) Site # Site Name Monthly Price Annual Price S-1 Saddlewood/Pavillion Point $ 2,478 $ 15,204 S-2 Winchester Creek I and II $ 1,653 $ 19,836 S-4 The Vineyards $ 193 $ 2,316 S-5 Signet Series $ 991 $ 11,892 S-6 Woodcrest Country $ 867 $ 10,404 S-7 Ridgeview $ 540 $ 6,480 S-9 Rancho Solana $ 63 $ 756 S-10 Martinique $ 308 $ 3,696 S-11 Meadowview Estates $ 28 $ 336 S-14 Mirada $ 421 $ 5,052 S-15 Barclay Estates $ 470 $ 5,640 S-17 Monte Vista $ 51 $ 612 S-18 Temeku Hills $ 3,602 $ 43,224 S-19 Campos Verdes $ 2,349 $ 28,188 S-22 Sutton Place/Lennar $ 162 $ 1,944 S-24 Harveston $ 6,564 $ 78,768 S-25 Serena Hills $ 1,981 $ 23,772 S-27 Richmond American (26828) $ 350 $ 4,200 TOTAL $21,860 262.320 Authorized Signature C:1Pimgram Files\Neevia.Com\Dowment Converter\temp1919791.doc EXHIBIT A Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat and Sun. Includes trash removal). Price per Square Foot Monthly Annually .0123 .1432 sq. ft. .0100 .1199 sq. ft. .0081 .0996 sq. ft. .0150 .1804 sq. ft. .0150 .1804 sq. ft. .0040 .0477 sq. ft. 1,044.00 12,529.00 per f1d. *1,002.00 12,024.00 per f1d. * Up to three (3) fields for same amount. Authorized Signature C:1Pimgram Files\Neevia.Com\Dowment Converter\temp1919791.doc EXHIBIT A Service Level C / Slope Area Maintenance Levels / FY 2009-10 Service Level I No Change to Current Scope of Services Weekly Service Cycle (Visit Site Weekly / 4 visits per month) Service Level II Monthly Service Cycle (Visit Site Bi-Weekly / 2 visits per month) Weekly turf mowing April-Sept / Bi-weekly Oct-March No view clearance trimming (shrubs and trees) Minimal shrub trimming Special circumstance tree trimming only Minimize slope fertilization (1 time per year) Minimize turf fertilization (2 times per year/spring and fall) Service Level III Quarterly Service Cycle (Visit Site Monthly / 3 visits per quarter) Weekly turf mowing April-Sept / Bi-weekly turf mowing Oct-March Shrub & groundcover clearance trimming only (sidewalks, fence lines, wall vines) No view clearing, select shrub trimming, select groundcover trimming No tree trimming (Hazardous trimming only/considered extra work item) Control invasive/prolific weeds & grasses (i.e. nutsedge, bermuda grass, etc.) Control vertebrate pests Control damaging insects Eliminate slope fertilization Minimize turf fertilization (1 Check and repair irrigation I Sites S-6 Woodcrest Country S-29 Gallery Portraits Areas with tun` time per year) monthly and/or as needed II Sites S-2 Winchester Crk S-3 Rancho Highlands S-9 Rancho Solana S-10 Martinque S-16 Tradewinds S-19 Chantamar S-20 Crowne Hill S-23 Pheasant Run S-24 Harveston S-27 Richmond Amer S-28 Wolf Creek III Sites S-1 Saddlewood S-4 Vineyards S-5 Signet Series S-7 Ridgeview S-8 Villages S-11 Meadowview Estates S-12 Vintage Hills S-13 Presley S-14 Mirada S-15 Barclay S-17 Monte Vista S-18 Temeku Hills S-21 Vail Ranch S-22 Sutton Place S-25 Serena Hills S-26 Gallery Tradition C:1Pimgram Files\Neevia.Com\Dowment Converter\temp1919791.doc EXHIBIT A Landscape Maintenance Extra Work Price Sheet 1. Turf Maintenance (All turf areas) Unit Cost 1. Mowing (Including bagging of clippings) $ .0021 sq. ft. 2. Edging .0053 linear ft. 3. String Trimming .1081 linear ft. 4. Aerification (Core/3") .0021 sq. ft. 5. Aerification (Deep Tine/6") N/A sq. ft. 6. Weed Removal (Manual) 21.60 per man hr. 7. Pest Control (Manual) 37.80 per man hr. 8. Fertilization (Placement only) .0010 sq. ft. 9. Materials (Fertilizer, Soil Amends) 19.40% mark-up II. General Landscape Maintenance (Planters and Slop e areas) 1. Edging (Ground Cover) $ .1620 linear ft. 2. Trimming (Shrubs, Ground Cover) .0215 sq. ft. 3. Pruning/Shrubs, Vines, Roses .0432 sq. ft. 4. Pruning/Trees (To 18') 43.20 each 5. Weed Removal (Manual) 21.60 per man hr. 6. Pest Control (Manual) 37.80 per man hr. 7. Fertilization (Placement only) .0021 sq. ft. 8. Vegetation Removal .0201 sq. ft. 9. Materials (Fertilizer, Soil Amends) 19.40% mark-up III. Plant Material (Installed, all areas) 1. Annual Color (4" Container) $ 1.620 each 2. Ground Cover 21.70 flat 3. One (1) Gallon 6.46 each 4. Five (5) Gallon 19.43 each 5. Fifteen (15) Gallon 81.00 each 6. 24" Box Tree 216.04 each 7. Seeded Turf .1620 sq. ft. 8. Sodded Turf .9177 sq. ft. 9. Hydroseed .1081 sq. ft. 10. Soil Preparation (Existing area) .2160 sq. ft. 11. Soil Preparation (New area) .1620 sq. ft. 12. Wood Mulch 37.80 cu. yd. IV. Irrig ation System Maintenance 1. Inspection $ 43.20 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 37.80 per hr. 3. Parts 19.40% mark-up V. General Pest Control 1. Written Recommendation by PCA $ 216.04 each 2. Qualified Applicator (QAC) 48.60 per hr. 3. Trained Applicator 37.80 per hr. 4. Material 19.40% mark-up C:1Pmgr= Files\Neevia.Com1Dowment Converter\temp1919791.doc TCSD DEPARTMENTAL REPORT ITEM NO. 22 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 26, 2009 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant The Plan Check phase of the Redhawk Parks Improvement project is nearing completion of the construction documents. Staff anticipates we will be out to bid in the next 30 days. Phase 1 project includes improvements to Redhawk Community Park and Redhawk Dog Park. The Temecula Community Center expansion project has begun construction. The Escallier House and Barn have been relocated, as part of the Temecula Community Center (TCC) expansion project, and construction will begin late summer. It is anticipated this project will be completed by December of 2009. The project will construct a 3,653 square foot addition to the Temecula Community Center and includes offices, meeting rooms and restroom facilities. The Old Town Gymnasium project is in the design phase. A sub-committee meeting is scheduled for June 9, 2009 to review the conceptual design. Staff has requested a Scope of Service to start the environmental process. The Community Services Department staff continues to participate in the development of the City's Sustainability Plan. Construction of the Murrieta Creek Trail Project is complete. This project consists of asphalt and DG paths and walkways, tables and benches, trees, shrubs and ground cover. The project is currently in the maintenance period. Staff anticipates accepting this project in June. The Veteran's Memorial Project - Phase III is currently underway. Engraving of pavers is taking place on site. The local VFW will continue to accept paver applications for a final installation in mid 2009. The Recreation Division is preparing for the release of the 2009 Summer/Fall Guide to Leisure Activities. The Second Annual Community Services Expo will be held on Saturday, May 29, 2009 to allow citizens to meet many of the instructors, learn more about the upcoming classes and activities and pre-register for programs. The Cultural Arts Division continues to program and carry-out the classes and activities as outlined in the upcoming 2009 Summer/Fall Guide to Leisure Activities, and the Old Town Temecula Community Theater's musical and theatrical performance line-up. The Cultural Arts Division is responsible for the day-to-day operations of the Old Town Temecula Community Theater, the Temecula Valley History Museum and the Imagination Workshop, Temecula Children's Museum. The Development Services Division continues to participate in the development review for projects within the City, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The TCSD Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities, and assist in all aspects of City-wide special events. REDEVELOPMENT AGENCY ITEM NO. 23 ACTION MINUTES of MAY 12, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:37 PM. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 23 Action Minutes:- Approved Staff Recommendation (5-0-0) - Agency Member Edwards made the motion; it was seconded by Agency Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 23.1 Approve the action minutes of April 28, 2009. 24 Opposition to Senate Bill 93 (Kehoe) Redevelopment: Payment for Land or Buildings - pulled off calendar RECOMMENDATION: 24.1 Approve the drafting of a letter of opposition to Senate Bill 39 (Kehoe) and send to Senator Kehoe, as well as, our local legislators. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:38 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Wednesday, May 20, 2009 at 10:00 A.M., for the purpose of a Budget Workshop in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] ITEM NO. 24 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, City Planner DATE: May 26, 2009 SUBJECT: Second Amendment of the Exclusive Negotiating Agreement with Pelican Properties LLC. RECOMMENDATION: That the Agency approve the Second Amendment to the Exclusive Negotiating Agreement between Pelican Properties LLC, and the Temecula Redevelopment Agency. BACKGROUND: On August 26, 2008 the Agency entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties LLC (Pelican), for the development of the Town Square Marketplace which is located adjacent to the Town Square and future Civic Center. The Agency issued a Request for Interest (RFI), interviewed, and selected Pelican with the intent of entering into a long-term ground lease; Pelican would then develop, own and operate the structures on the site. Since the execution of the ENA, Pelican has worked in good faith with staff as well as the community regarding the use and design of the project in order to fulfill its obligations required by the ENA. In spite of these good faith efforts the economic climate collapsed and the project, in its present iteration, has become economically infeasible. Considering these economic realities, the exclusive negotiating term was extended three (3) months per Section (1) of the agreement, in hopes that the economy would turn around, and is due to expire on May 26, 2009. Staff and Pelican have continued to move forward during the three (3) month extension but the difficulties in the economic climate persist as of this date and severely weaken the feasibility of the project. Staff continues to feel that Pelican is the right developer for this project as demonstrated by their record of quality mixed-use in-fill projects in southern California and strong commitment to the completion of the Town Square Marketplace development. ENA EXTENSION Staff is recommending a six (6) month extension to the ENA for the purpose of enabling Pelican to develop three (3) alternative designs. Pelican has been asked for three (3) different designs in order to position the project in a manner that provides for maximum flexibility in adapting to the changing economy. Pelican will then deliver these designs no more than ninety (90) days after the execution of the Second Amendment to the ENA. If at the end of the six (6) month ENA extension period one of the three (3) alternative designs has be agreed upon by the Agency and Pelican, and has been determined to be economic feasible via analysis by staff and Keyser Marston Associates then the Executive Director will be authorized to extend the ENA period an additional ninety (90) days for the negotiation of the DDA. Inversely, if no alternative design can be agreed upon, or, the agreed upon alternative design is determined to be economically infeasible, then the ENA will expire and the Agency and Pelican will cease negotiations for development of the Town Square Marketplace. PROPOSED ENA EXTENSION DEAL POINTS The proposed deal points for the six (6) month ENA extension are as follows: The extension will be for six (6) months. Pelican has ninety (90) days from the execution of the Second Amendment of the ENA to submit the three (3) design alternatives to the Agency. The minimum submittal requirements of the three (3) design alternatives are determined and defined by Section A, C1, and C2 of City of Temecula Commercial Development Plan Application. If the Agency accepts one of the design alternatives submitted by Pelican, then the Executive Director may authorize an additional extension to the ENA of ninety (90) days for the negotiation of a DDA. If the Agency and Pelican cannot agree on a design alternative then the ENA will expire and negotiations between the Agency and Pelican will end. AGENCY ASSISTANCE: No agency funding is proposed as part of this project. The intent is to determine a fair market value for the lease of the property and enter into long-term ground lease. This arrangement will provide the Agency with a revenue stream to support other redevelopment activity in the redevelopment project area. Pelican Properties has developed a project on a ground lease basis, and is comfortable with this arrangement. A detailed pro-forma analysis will be performed by Keyser Marston Associates to determine the fair market value of the ground lease. FISCAL IMPACT: The extension of the ENA for a term of six (6) months will have no fiscal impact on the Agency. ATTACHMENTS: Second Amendment to the Exclusive Negotiating Agreement SECOND AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND PELICAN VISTA, LLC THIS SECOND AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT is dated as of May 26, 2009 and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body corporate and politic ("Agency") and PELICAN VISTA, LLC, a California limit liability company ("Developer"). RECITALS A. On August 26, 2008, the parties entered into that certain "Exclusive Negotiating Agreement" and on January 22, 2009, the parties entered into a First Amendment to the Exclusive Negotiating Agreement (as so amended, the "Agreement"). B. The purpose of the Agreement is to set forth, among other things, the terms pursuant to which the Agency will negotiate with the Developer on an exclusive basis for a limited period regarding the Project and the proposed Disposition and Development Agreement. C. The parties now desire to modify the Agreement. 1. Extension of Term of Agreement. Section 1 of the Agreement is hereby amended to read as follows: "The term of this Agreement shall commence on August 26, 2008 and shall end on the earlier of. (i) November 30, 2009 or (ii) the date on which the Agency or Developer terminates this Agreement as provided in Section 2 below (the "ENA Period"). In the event that on or before November 30, 2009, the Agency staff approves one of the three design alternatives submitted by Developer under Attachment No. 2 (as amended), then the Executive Director may extend the term of this Agreement to March 1, 2010 by written notice to Developer." 2. Developer Obligations. Sections 2 through 7, inclusive of Attachment No. 2 to the Agreement are hereby deleted and replaced with the following (and item 8 of Attachment No. 2 is renumbered as item 3): "2. On or before October 31, 2009, Developer shall submit to Agency three (3) separate designs for the Project that comply with Sections A, C1 and C2 of the Temecula Commercial Development Plan Application form." 3. No Other Changes. Except as otherwise provided in this Second Amendment, all other terms and conditions of the Agreement remain in full force and effect. 11087-0027\1137126v1.doc IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. DEVELOPER: PELICAN VISTA, LLC, a California limited liability company By: Daniel Howse Co-Managing Member CITY: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic Shawn D. Nelson Executive Director ATTEST: Susan Jones, MMC, Agency Secretary APPROVED AS TO FORM: Peter Thorson, Agency Counsel 11087-0027\1137126v1.doc 2 ITEM NO. 25 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, City Planner DATE: May 26, 2009 SUBJECT: Purchase and Sale Agreement for the purchase of property located at 28725 Pujol Street (APN 922-062-010) by the Redevelopment Agency of the City of Temecula RECOMMENDATION: That the Board of Directors Adopt a resolution entitled: RESOLUTION NO. RDA09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND ANTONIO RAUL MUNIZ AND AIDA MUNIZ FOR THE PURCHASE OF CERTAIN REAL PROPERTY FOR AFFORDABLE HOUSING BACKGROUND: The subject property is adjacent to the north side of the Habitat for Humanity project where five (5) homes have been completed. Acquiring this site will allow the Agency to work with Habitat for the construction of two (2) additional homes. The Agency is in the process of completing the Final Map for those two (2) homes. With the addition of these two (2) additional homes that would bring the total for this site to seven (7) Habitat homes and nine (9) for the entire Pujol neighborhood area. The total size of the subject property is 0.23 acres. Although it is envisioned that the subject property will be a site for additional Habitat for Humanity homes, if negotiations are unsuccessful additional affordable housing re-use options will be analyzed. A Phase I Environmental Analysis has been conducted on the property to determine the presence of hazardous waste or unacceptable soil condition. The results of this analysis recommended no further action was necessasary as long as any septic systems or water wells are properly abandoned when the property is developed. FISCAL IMPACT: The purchase price of $84,000.00 for the land is an all cash transaction. Additional fund authorization in the amount of $7,500.00 is requested to cover escrow, closing costs, and related fees. The $91,500.00 represents an all-inclusive settlement and full payment of just compensation for the acquisition of all property interests. Funds for this acquisition will be appropriated from the Agency's Housing fund. ATTACHMENTS: Site Map RDA Resolution 09- Purchase and Sale Agreement w., ?a4crTY nk IMM~CITf~ Legend City q T N Streets p Parcels 206 1 J O~ JJ 0 200 400 600 ft. Scale: 1:2,045 Map center: 6287459, 2122999 This map 1s .a user generated static output from an Internet =n ing site and is for general reference only. Data layere that appear an this map may aot be accurate, current, or othermse reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. RESOLUTION NO. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND ANTONIO RAUL MUNIZ AND AIDA MUNIZ FOR THE PURCHASE OF CERTAIN REAL PROPERTY FOR AFFORDABLE HOUSING THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: 1. Findings. A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. Antonio Raul Muniz And Aida Muniz, husband and wife ("Sellers") are the owners of certain real property located at 28725 Pujol Street in the City of Temecula, APN 922-062-010-0 ("Property") D. Agency proposes to purchase the Property for with funds from the Agency's Low and Moderate Income Housing Fund for the purpose of eventually developing the Property for affordable housing in accordance with the Plan and the CRL. E. The purchase price to be paid by the Agency for the Property pursuant to the Purchase and Sale Agreement is not more that the fair market value of the Property. 2. Approval of Purchase and Sale Agreement. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" by and between 1081620.1 the Redevelopment Agency of the City of Temecula and Antonio Raul Muniz and Aida Muniz, husband and wife (the "Agreement"), with such changes to the Agreement as may be mutually agreed upon by Sellers and the Executive Director as are in substantial conformance with the form of such Agreement on file in the Office of the Secretary/City Clerk. The Chairman is hereby authorized to execute the Agreement, on behalf of the Agency. A copy of the final Agreement when executed by the Chairman shall be placed on file in the Office of the Secretary/City Clerk. 3. Executive Director's Authoritv. The Executive Director (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the Agency's obligations, responsibilities and duties to be performed under the said Agreement., including but not limited to, approval and execution on behalf of the Agency of the such implementing agreements, grant deeds, acceptances, escrow instructions, certificates, estoppel letters, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. 4. Certification. The Secretary/City Clerk shall certify the adoption of this Resolution. 2 1081620.1 AGREEMENT FOR PURCHASE AND SALE AND ESCRO11' INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (this "Agreement") dated as of May 26, 2009 is entered into by and between ANTONIO RAUL MUNIZ and AIDA MUNIZ, husband and wife (collectively, "Seller"), and the TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Buyer"). 1. SALE AND PURCHASE PRICE. 1.1 Sale and Purchase. Upon and subject to the terms and conditions in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller fee simple title to the land identified as Assessor's Parcel Number 922-062-010-0 located at 28725 Pujol Street in the City of Temecula, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto, together with any and all easements, privileges, permits, licenses, entitlements, and other rights appurtenant thereto ("Real Property"), and all buildings, fixtures, equipment, structures, parking areas, landscaping, appurtenances and other improvements constructed or situated on the Real Property ("Improvements"). The Real Property and Improvements are hereinafter collectively referred to as the "Property". 1.2 Purchase Price. The purchase price ("Purchase Price") for the Property shall be Eighty-Four Thousand Dollars ($84,000), payable in cash. Within five (5) business days after the date of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined) cash in the amount of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a cashier's check, by a wire transfer, or other form acceptable to the Escrow Holder. The Deposit shall be placed in an interest-bearing account and all interest accrued thereon shall increase and become a part of the Deposit. On the close of escrow, the Deposit shall be applied toward the cash payment of the Purchase Price. Prior to the close of escrow, the Deposit shall be fully refundable to Buyer in the event this Agreement is terminated and Buyer is not in default. The remaining balance of the cash payment of the Purchase Price shall be deposited by Buyer into Escrow in the form of a cashier's check, wire transfer, or other form acceptable to the Escrow Holder, prior to the close of escrow. 1.3 No Relocation Assistance. Seller hereby acknowledge and agree that the Property is owner occupied, and that the purchase and sale of the Property is being made in the course of voluntary negotiations between Seller and Buyer. Buyer shall have no obligation to Seller under the State Eminent Domain Law or under the Relocation Assistance and Real Property Acquisition statutes and guidelines, including but not limited to California Government Code Section 7260 et seq. and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby waives any such assistance or benefits if applicable. Seller hereby further waives any and all claims he may have now or in the future for compensation for relocation assistance, relocation benefits, pre-condemnation damages, compensation for property or for loss of goodwill under California Code of Civil Procedure Section 1263.510 et seq. or any other applicable law. 11087-0009\1115232v2.doc 1 2. TITLE. 2.1 General. Title to the Property shall be conveyed by a Grant Deed acceptable to the Buyer and shall be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph 2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American Title Company, 3625 Fourteenth Street, Riverside, California 92501, Title Officer: Debra Dunn ("Title Company"), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except: 2.1.1 Real property taxes not yet due and payable; and 2.1.2 Items 3, 4, 5 and 6 described in that certain Preliminary Title Report dated February 4, 2009 prepared by First American Title Company under Order No. 0625-3223338 (22). 2.2 Acts After Date of Agreement. During the period from the date of this Agreement through the close of escrow, Sellers shall not record, or file for record or permit to be recorded or filed for record any document or instrument which will affect the title to or use of the Property without the prior written consent of the Buyer. 2.3 Option for ALTA Coverage. Buyer shall have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended Coverage Form Policy of Title Insurance shall be borne by Buyer. 3. RIGHT OF ENTRY. 3.1 Seller hereby grants Buyer and its agents, employees, contractors and subcontractors (collectively "Representatives") the right to enter on the Property for the purpose of conducting soils and geological investigation and testing for toxic or hazardous substances and other contamination. Such investigations shall be at Buyer's expense. 3.2 All work performed by Buyer and its Representatives will be performed diligently and in a manner consistent with the standards of care, diligence and skill exercised by recognized consulting firms for similar services, and in accordance with all regulatory and good management standards and the requirements of any governmental agency or entity and all applicable laws. 3.3 Buyer and its Representatives shall promptly notify the Seller of any discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5, on, under or about the Property which is discovered, encountered, or results from or is related to the Buyer's or its Representatives' access to and/or use of the Property under this Agreement. 11087-0009\1115232v2.doc 2 3.4 In connection with the use of the Property by Buyer and its Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep the Property, and any improvements and personalty thereon, in good order and repair and safe condition to the extent that such Property, improvements or personalty were in such condition prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition, including, without limitation, ensuring that any holes, ditches or other indentations, as well as any mounds or other inclines created by any excavation by Buyer or its Representatives are regraded, resurfaced and compacted. If any portion of the Property or an adjacent property, including improvements and fixtures, suffers damage or alteration by reason of the access and activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and expense, promptly repair all such damage and restore the Property or adjacent property to as good a condition as before such damage or alteration occurred, or if it cannot be repaired, Buyer shall replace such damaged or altered property to the extent possible. 3.5 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify, and hold free and harmless Seller and its employees, agents, and representatives, and their successors, and assigns (individually as "Indemnitee" and collectively, "Indemnitees"), free and harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other professionals, and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to entry upon the Property pursuant to this Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on the negligence, gross negligence or willful misconduct of such Indemnitee. 4. ESCROW. 4.1 Agreement to Constitute Escrow Instructions. This Agreement shall constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for this purpose. 4.2 Escrow Holder. The escrow shall be opened with First American Title Company, 3625 Fourteenth Street, Riverside, CA 92501, Attention: Debra Dunn ( Escrow Officer ) ("Escrow Holder"), within five (5) business days after the execution of this Agreement (or copies thereof) by Buyer and Seller by depositing an executed copy or executed counterparts of this Agreement with Escrow Holder. This document shall be considered as the escrow instructions between the parties, with such further instructions as Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare such escrow instructions on its usual form for the purchase and sale of the Property upon the terms and provisions hereof. Provided such further escrow instructions are consistent with this Agreement, they shall be promptly signed by Buyer and Seller within five (5) business days after delivery thereof to each party. The further escrow instructions shall incorporate each and every term of this Agreement and shall provide that in the event of any conflict between the terms and conditions of this 11087-0009\1115232v2.doc 3 Agreement and such further escrow instructions, the terms and conditions of this Agreement shall control. 4.3 Opening of Escrow. Escrow shall be deemed open on the date of delivery to the Escrow Holder of a copy of this fully executed Agreement. 4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be performed on or before close of escrow have been performed and all the conditions to the close of escrow set forth in this Agreement have been satisfied, escrow shall close on or before July 23 2009 ("Closing Date"). All risk of loss or damage with respect to the Property shall pass from Sellers to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of escrow. 4.5 Buyer's Deliveries. On or before the close of escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): 4.5.1 The Purchase Price; and 4.5.2 a Certificate of Acceptance duly executed and acknowledged (for attachment to the Grant Deed). 4.5.3 All other documents contemplated by this Agreement and required by Escrow Holder to be deposited by Buyer to carry out this escrow. 4.6 Seller's Deliveries. Before the close of escrow, Seller shall deposit into escrow the following (properly executed and acknowledged, if applicable): 4.6.1 A Grant Deed conveying the Property to Buyer; 4.6.2 Non-foreign affidavits with respect to Seller (both California state and federal forms); and 4.6.3 Any other documents contemplated by this Agreement or required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. 4.7 Conditions to the Close of Escrow. Escrow shall not close unless and until both parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in this Agreement. The failure of a party to timely deposit any such sums and/or documents shall constitute a default by such party. Furthermore, escrow shall not close unless Seller shall be able to deliver possession of the Property to Buyer free of all tenants, leases and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer and its employees, agents, representatives, council members, attorneys, successors and assigns from and against any and all claims raised after closing by tenants raising or seeking any rights to relocation assistance or benefits based on their tenancy on the Property prior to the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Buyer's benefit and may be waived only by Buyer: 11087-0009\1115232v2.doc 4 4.7.1 Seller shall have performed all agreements to be performed by Seller hereunder; 4.7.2 Seller's representations, warranties and covenants set forth in this Agreement shall be true and correct as of the Closing Date; 4.7.3 Buyer's approval, in its sole and absolute discretion, of the results of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or water contamination tests and analyses as Buyer or its agents, employees or representatives may, prior to the Closing Date, perform with respect to the Property; 4.7.4 As of the Closing Date, there shall have been no material adverse changes in the physical condition of the Property, as described in Paragraph 6 or otherwise; and 4.7.5 Title Company shall have issued or shall have committed to issue the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility easements of record as are approved by Buyer in its sole and absolute discretion. Waiver of any condition to close of escrow shall not relieve any party for liability resulting from breach of any representation, warranty, covenant or agreement under this Agreement. In the event that the conditions to close of escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement: (i) This Agreement, the escrow and the rights and obligations of Buyer and Sellers hereunder shall terminate, except as otherwise provided herein; provided, however, no such termination shall occur until (A) Buyer has had the opportunity to waive any condition for Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice from Sellers or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not elect to waive such condition; and (ii) Escrow Holder, upon such termination, is hereby instructed to promptly return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer in escrow and to return to Sellers all funds and documents deposited by Sellers in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such party under Paragraph 4.12 below). 4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be recorded in the office of the County Recorder of Riverside County, California. Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller. 4.9 Prorations. All real and personal property taxes, liens and assessments shall be prorated between Buyer and Seller as of the close of escrow based on the latest available tax information or, at Seller's election, such taxes, liens and assessments may be paid in full through escrow to the lienholder. If such liens are paid through escrow, Escrow Holder shall cause the liens to be discharged and the discharge recorded prior to conveyance of fee title of the 11087-0009\1115232v2.doc 5 Property to Buyer. Any supplemental or escape real estate taxes and assessments on the Property attributable to the period prior to the close of escrow shall be paid by Seller outside of the escrow. All prorations shall be determined on the basis of a 360-day year. 4.10 Costs of Escrow. Buyer shall pay all escrow fees and costs associated with the purchase of the subject real property, the cost of recording the Grant Deed, if any, the cost of documentary transfer taxes in connection with the recordation of the Grant Deed, if any, and all other closing costs or charges. 4.11 Escrow Cancellation Charm. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges. 4.12 Broker's Commissions. Buyer and Seller represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants and agrees that any broker fee or commission, which may be due or payable in connection with the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller. Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar party arising from or in connection with the sale of the Property to Buyer. 5. REPRESENTATIONS AND WARRANTIES BY SELLERS. In consideration of Buyer's entering into this Agreement and as an inducement to Buyer to purchase the Property, Seller makes the following representations and warranties, each of which is material and is being relied upon by Buyer (the continued truth and accuracy of which shall constitute a condition precedent to Buyer's obligations to close hereunder and each of which shall survive the close of escrow): 5.1 There are no suits pending against or affecting or, to the best of Seller's knowledge, without having made investigation thereof, threatened against the Property or its use, whether in law or at equity; 5.2 Other than as disclosed in this Agreement, no joinder, consent, or waiver of or by any third party is necessary to permit the consummation by Seller of the transaction contemplated pursuant to this Agreement; 5.3 To Seller's best knowledge, there are no materials, reports and information in relating to the Environmental Condition (any condition that exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface strata, surface water, ground water, storm water or sediments) of the Property, and there are no outstanding environmental remediation orders or decrees (federal or state) regarding the Property. Seller shall deliver to Buyer any materials and reports relating to the Environmental Condition of the Property which comes into Seller's possession, and any information relating to the Environmental Condition of the Property of which Seller becomes aware; 11087-0009\1115232v2.doc 6 5.4 To the best of Seller's knowledge, Seller is not aware of the existence of any violation of law or violation of governmental regulation with respect to the Property, including any Environmental Laws, as hereinafter/ defined; 5.5 There are no pending, or to the best of Seller's knowledge, without having made investigation thereof, threatened proceedings in eminent domain, which would affect the Property, or any portion thereof, 5.6 There has been no production, disposal or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any of the contractors, agents, employees or representatives of Seller or, to the best of Seller's knowledge, any previous owner or current or previous tenant of the Property; and to the best of Sellers knowledge, there has not been any other activity on the Property which could have resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any Environmental Laws, or which could result in any proceeding or inquiry by any authority with respect thereto; 5.7 Seller is not a "foreign person" within the meaning of Internal Revenue Code 1445; and 5.8 As of the Closing Date, there shall be no leases and/or other agreements in existence affecting the Property. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof. any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et sec; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sec; asbestos and asbestos-containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et sec ; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et sec; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et sec l-, the Clean Water Act, 33 U.S.C. Section 1251 et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et sec; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et sec; the National Environmental Policy Act, 42 U.S.C. Section 4321 et sec; the Noise Control Act, 42 U.S.C. Section 4901 et sec; the Occupational Safety and Health 11087-0009\1115232v2.doc 7 Act, 29 U.S.C. Section 651 et sec; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et sec; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seMc; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et sec; as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et sue; the Atomic Energy Act, 42 U.S.C. Section 2011 et sec ; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et sec. ; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR DESTRUCTION. 6.1 If, prior to the close of escrow, any material portion of the Property is taken or if the access thereto is reduced or restricted by eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated taking which has not been consummated, other than any such taking prosecuted by or on behalf of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this option to terminate this Agreement, neither party shall have the right to terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall be entitled to receive and keep, all awards for the taking by eminent domain which accrue to Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price. Unless and until this Agreement is terminated, Seller shall take no action with respect to any eminent domain proceeding without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. 6.2 If, prior to the close of escrow, any material portion of the Property is physically damaged or destroyed due to any cause, natural or otherwise, including, without limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Sellers given not later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this option to terminate this Agreement, neither party shall have the right to terminate this Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this Agreement is terminated, Seller shall take no action with respect to any such damage and destruction without the prior written consent of Buyer, which consent shall not be unreasonably witl-Aleld or delayed. 11087-0009\1115232v2.doc 8 7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to herein are incorporated in this Agreement as though fully set forth herein. 8. ATTORNEYS' FEES. In any action between Buyer and Seller seeking enforcement of any of the terms and provisions of this Agreement, or in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 9. NOTICES. All notices, requests, demands and other communication given or required to be given hereunder shall be in writing and personally delivered, sent by first class United States registered or certified mail, postage prepaid, return receipt requested, or sent by a nationally recognized courier service such as Federal Express, duly addressed to the parties as follows: To Buyer: Temecula Redevelopment Agency 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 Attention: Luke Watson With a Copy To: Richards, Watson and Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071- 3101 Attention: Peter Thorson To Seller: Antonio and Aida Muniz 33495 Mirage Circle Temecula, CA 92592 To Escrow Holder: First American Title Company 3625 Fourteenth Street Riverside, CA 92501 Attention: Debra Dunn-, Escrow Officer Delivery of any notice or other communication hereunder shall be deemed made on the date of actual delivery thereof to the address of the addressee, if personally delivered, and on the date indicated in the return receipt or courier's records as the date of delivery or as the date of first attempted delivery, if sent by mail or courier service. Any party may change its address for purposes of this Paragraph 9 by giving notice to the other party and to Escrow Holder as herein provided. 10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned by either party without the prior written consent of the other party. 11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their successors and assigns. 1 1087-0009\1 1 15232v2.doe 9 12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement may be amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is not consummated as a result of the Buyer's material default hereunder, then Sellers may enforce their rights hereunder by an action against Buyer for damages, resulting from the material breach of this Agreement by Buyer. 14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if there is a breach by Seller of any material provision of this Agreement, Buyer would not have any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder may be enforced by an action for specific performance and such other equitable or legal relief as is provided under the laws of the State of California. 15. HEADINGS. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 16. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and all representations and warranties shall survive such close of escrow and delivery of the Grant Deed and shall continue to be a binding provision on the parties hereto according to its terms. 18. TIME OF THE ESSENCE. Time is of the essence of this Agreement. 19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 20. SEV ERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds 11087-0009\1115232v2.doc 10 deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer. 21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer of this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein, which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing and returning to Sellers a counterpart of this Agreement on or before July 23, 2009. Sellers understand and agree that Buyer is a governmental entity which must schedule and hold one or more meetings of its governing body in order to authorize Buyer's acceptance of this offer and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the City Council of the City of Temecula and its governing body. Seller further acknowledges and agrees that this Agreement is tendered under the provisions of California Evidence Code Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's liability in inverse condemnation, for precondemnation damages or otherwise, and may not be used as an admission of value in any eminent domain or other proceeding. 11087-0009\1115232v2.doc 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SELLER: Antonio Raul Muniz Aida Muniz BUYER: TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic By: Print Name: Attest: Agency Clerk APPROVED AS TO FORM: Richards, Watson & Gershon By: Peter Thorson, City Attorney 11087-0009\1115232v2.doc 12 EXHIBIT "A" LEGAL DESCRIPTION OF THE LAND LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE(S) 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8, 1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. A.P.N.922-062-010-0 11087-0009\1115232v2.doc A-1 RDA DEPARTMENTAL REPORT ITEM NO. 26 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, City Planner DATE: May 26, 2009 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Town Square Market Place - As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with staff on site planning issues. On January 22, 2009 the Executive Director granted a three-month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Staff is recommending the Redevelopment Agency extend the ENA for an additional 6 months while the Agency and Pelican explore further options for the use of the site. Auto Mall Sign - The Agency met with representatives of the Temecula Valley Auto Mall Association and discussed new deal points regarding the Loan Agreement for the funding of the sign's construction. Those deal points are currently being reviewed by the members of the Association and staff is awaiting their feed back in order to proceed. Facade Improvement Program - The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $102,000 is available during FY 2008-09. The following facade improvements are in process or recently completed: ■ La Menagerie - Design and install sand blasted wood signs ■ Butterfield Square - Paint exterior and replace exterior wood paneling ■ European Living - New signs ■ The Public House Restaurant - Hardscape improvements ■ English Cottage Garden - New signs ■ Up Your Alley Clothing - New signs ■ Farmer's Insurance - New signs ■ Truax Development - New signs ■ Travel by Cheryl - New signs ■ Farmer's Insurance (Eftekari) - New signs ■ Timeless Portraits by Rhonda - New signs ■ Emporium Center - Facade Renovation HOUSING Housing Element Update - The Agency is preparing the Housing Element Update. A second draft of the Housing Element was submitted to the State Department of Housing and Community Development (HCD) for a 60-day review and comment period on July 2, 2008. HCD comments were received on September 8, 2008. Staff met with HCD on October 17, 2008 to review proposed amendments based on HCD's comments. HCD provided additional comments and direction on December 4, 2008 and again on January 20, 2009. RDA staff revised the final draft based on HCD's January letter. Staff submitted the final draft Housing Element to HCD on April 9, 2009. A revised timeline has been prepared that anticipates a Planning Commission hearing in July 2009 and a City Council hearing in August 2009. Upon adoption by the City Council, the Housing Element will be submitted a final time to HCD for a 90-day Certification review. The Warehouse at Creekside - On August 12, 2008, the City Council approved an Owner Participation Agreement with Warehouse at Creekside foran Affordable Housing Mixed Use Project. The Agency is currently working with Bill Dalton on a new development on 3rd Street in Old Town. The proposed development includes 32 units of affordable housing and a 3500 square foot ground floor of commercial. The project includes one dedicated parking space for each residential unit. Grading permits have been issued for the project. Dalton has submitted foundation plans for plan check. Diaz Road Exclusive Negotiation Agreement - The Agency issued a Request for Interest to select a preferred development partner for the 30-acre site located on Diaz Road. Seven firms have responded. On September 9, 2008, the City Council entered into an Exclusive Negotiating Agreement with RC Hobbs Company to develop the project. The applicant has met with adjacent property owners and has worked diligently with City staff on various site-planning issues. The Executive Director granted a three-month extension to the Exclusive Negotiating Agreement on January 28, 2009 which expires June 9, 2009. The applicant filed the development plan application on February 5, 2009 and has submitted their development pro forma on schedule per the ENA. Temecula Lane - On January 13, 2009 the City Council adopted a resolution to accept 11 residential units within the Temecula Lane development. The resolution called for the initiation of the process of conveyance of these 11 units to a suitable affordable housing partner. On January 16, 2009 the Agency issued a Request for Proposal (RFP) to solicit a potential affordable housing partner to take ownership of the 11 units within the Temecula Lane development. The deadline for the RFP submittals is February 12, 2009. The Agency interviewed 6 potential affordable housing partners and made a recommendation to the Council at closed session on April 14, 2009. The Agency has placed on the May 26, 2009 Council Meeting agenda the Acceptance of the Purchase and Sale Agreement (PSA) with to chosen affordable housing partner. If the PSA is accepted by Council, staff anticipates the closing of the real estate transaction to take place on June 19, 2009. First Time Homebuvers Program - On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance will allow qualifying households to purchase homes in the $250,000 - $300,000 price range. Payments and interest are deferred for the first 5 years and then fully amortized in years 6 through 30. The Agency conducted a workshop for approved lenders on November 20, 2008 to explain and promote the program. A second presentation was made to the Southwest Riverside Board of Realtors on December 4, 2008. Staff continues to receive daily calls of interest in the program and the Agency has closed escrow on two purchases totaling $75,853 and has received an additional four requests for funding at this time. Summerhouse - The Agency is currently in discussions with an affordable housing developer in regards to the purchase of the Summerhouse development near the intersection of Margarita Road and Temecula Parkway. The affordable housing developer has entered into escrowforthe site and submitted a development pro forma which is currently being reviewed. Residential Improvement Programs - The program budget for FY 08-09 is $200,000.00, with $105,000 funded to date. The amount available to each participant is $7,500. DEPARTMENTAL REPORTS ITEM NO. 27 Approvals City Attorney Director of Finance City Manager [ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, City Planner DATE: May, 2009 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of April 2009. New Cases The Division received 71 new applications for administrative, other minor cases, and home occupations including 6 applications for public hearings during the month of April. Special Projects & Long Range Planning 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 - This project was approved by the City Council on January 22, 2008. The CEQA challenge period for the Supplemental El R expired on February 28, 2008. No legal challenges were filed regarding the SEIR. The CEQA challenge period for the second reading of the Zone Change expired on March 14, 2008. The City Attorney filed a Return to the Writ of Mandate for the project with the Riverside County Superior Court on March 20, 2008. Building plans are being reviewed by the Office of Statewide Health Planning and Development and the applicant's architect has indicated that approval of these plans is expected by the end of May, 2009. The applicant continues to actively work with staff regarding permits for rough grading, processing precise grading, street improvement plans, and a Water Quality Management Plan. (FISK) General Plan Housing Element Update - State law requires the City to adopt an update to the Housing Element by June 30, 2008 and it must be certified by the State Department of Housing and Community Development (HCD) by December 31, 2008. A draft version of the Housing Element was sent to HCD on February 12, 2008 to begin its 60-day review and comment period. Staff received comments on the draft Housing Elementfrom HCD on April 13, 2008. Based on these comments, staff prepared a revised draft and submitted to HCD for a second 60 -day review on July 2, 2008. Preliminary HCD comments were received on September 8, 2008. Additional written comments were received from HCD on January 20, 2009, and RDA staff revised the final draft based on HCD's January letter. Staff submitted the final draft Housing Element to HCD on April 9, 2009, and HCD maytake up to 60 days to review the final draft. Staff anticipates a Planning Commission hearing in late June or July, 2009 and a City Council hearing in late July or August, 2009. Upon adoption by the City Council, the Housing Elementwill be submitted a final time to HCD for a 90-day Certification review. (PAPP) Nicolas Valley Rural Preservation Area - Staff held a community meeting on February 26, 2009, where 70-80 residents attended. Concerns regarding road cost, financing mechanisms and zoning densities were discussed. A community meeting was held March 19, 2009 to explain in more detail all zoning options, financing, and a community survey to be mailed following the meeting. The surveywas mailed to property owners and residents on March 31, 2009 to determine support for proposed zone change (2.5 acres, 1 acre, or % acre minimums) due to responses received from various property owners that'/ acre is not wanted; the survey will also gauge support for the future CFD. Staff mailed surveys to 124 property owners and 22 residents. The owner response rate was 72%; the resident response rate was 4%; and the overall response rate was 62%. The survey clearly indicated that there is not support for a CFD for roadway improvements (57% of owners and 83% of registered voters within the CFD boundary would not support). The survey did not clearly reveal an overwhelming decision on preferred zoning for each of the districts. Based on direction from the Council subcommittee, staff will hold a Community Meeting on May 21, 2009 to inform the residents of the survey responses and discontinue this work effort. Staff will complete the roadway design traffic study and hydrology study which is currently being prepared. No additional technical studies/consultant work will be completed. Staff is currently finalizing revisions to the Dirt Road Policyto allow more leniency for additions and replacement of existing residences. (PETERSIKITZEROW) Transportation Planning - The RTA Board approved the proposed route for the Temecula Trolley (previously referred to as the Harveston Trolley). The new service will begin in June 2009 to coincide with the new service changes to other RTA routes. The service will attract local residents and business to utilize public transit as a means to travel to school, retail and commercial centers, and connections to other RTA routes. Trolley service will be provided Monday through Friday in the morning and afternoon, connecting the Harveston community to Chaparral High School, the Promenade Mall, and the County Administrative offices just south of the Harveston community. A route will also operate between the Mall and Old Town Temecula during the lunch period, as well as on the weekends. Staff is also working with WRCOG, SCAG, ROTC, RTA, SANDAL, and the Cities of Temecula, Murrieta, and Lake Elsinore through the 1-15 Interregional Partnership (1-15 IRP) on a Smart Growth Concept Map, which will coordinate land use and transportation decisions to accomplish the goals of SB 375 and AB 32. The SANDAG Smart Growth Map Working Group held their second meeting on April 14, 2009. The working group is currently refining the place type descriptions and their locations within the project area. The 1-151RP Joint Policy Committee will meet on May 27, 2009 to review the progress of the Smart Growth Map Working Group and provide policy direction. (WEST/INNES) ■ Heritage Tree Ordinance - Staff has prepared a Heritage Tree Ordinance which will protect certain tree species and other significant trees throughout the City. The item was reviewed by the Planning Commission on April 16, 2008, on January 21, 2009 and on February 18, 2009. Staff has addressed all of the concerns expressed by the Planning Commission and the Commission unanimously recommended approval of the proposed Heritage Tree Ordinance. This item was presented to the City Council on March 24, 2009 at which time the City Council requested a continuance to address various concerns. Staff anticipates bringing this item back before the Council in June, 2009. (PAPP) ■ Sustainability Program - The City Sustainability Committee held their second meeting on April 22, 2009 to review progress of the City Sustainability Plan and to provide direction to staff regarding the proposed implementation measures, which are intended to achieve the goals of the Plan and which were previously identified. To date, approximately 90 implementation measures have been identified for each of the Plan categories (Energy, Green Buildings, Water, Air Quality, Waste Reduction, Transportation & Community Design, Open Space, and Public Outreach & Education). The implementation measures include policies, ordinances, standards, additional recommended analysis, specific programs, and community outreach. The City Sustainability Committee supported the proposed implementation measures, but added that the City's new Civic Center is expected to be LEED® Certified, that staff should work with private schools as well as public schools and the UCR Cooperative Extension Program when developing a school composting and organic gardening program, and to organize an Earth Day event for 2010. The next task is to complete a cost/benefit analysis of the proposed implementation measures, which will focus on the potential monetary costs to homeowners and business owners, along with the cost savings and environmental benefits that will occur as a result of the implementing the proposed measures. Additionally, The Energy Coalition was present at the April 22nd meeting and gave a presentation to the City Sustainability Committee regarding the Community Energy Partnership Program, which includes the addition of three cities to the Coalition to participate in the Community Energy Partnership Program. The Program provides to its members, technical assistance through the evaluation of energy use at municipal facilities, grant assistance, community outreach and education, and the alignment of state, public utility, and local energy goals. Fallowing the presentation, the City Sustainability Committee directed staff to bring forward a MOU between the City and The Energy Coalition, to the City Council. No financial commitment is required from the City to become a member of the Coalition. Staff continues to develop and add information to the Sustainabilitywebpage. The latest update includes results of the Sustainability Survey and a resource page for residents and business owners. Staff continues development of the Energy Efficiency Improvement program, which would allow property owners to apply for a low-interest loan for energy improvements that would be paid through propertytaxes. This program is being modeled after the Palm Desert programs as authorized under the recently passed AB 811 legislation. Staff also continues to develop the scope of work for the green house gas emissions analysis with WRCOG and is hopeful that a kick-off meeting will ensue in the near future. The Sustainability Technical Advisory Committee is reviewing the application requirements and eligible programs types for the American Reinvestment and Recovery Act funds from the Energy Efficiency and Conservation Block Grant. (WESVINNES) Small Wind Energy Conversion System Ordinance - Staff proposed the draft Ordinance to the Planning Commission on May 5, 2009. The proposed standards would allow Small Wind Energy Conversion Systems within commercial and residential zoning districts to reduce on-site consumption of utility supplied electricity. The Planning Commission expressed concerns with height limitations, visual impacts, and location of systems within sensitive areas. The Planning Commission directed staff to revise the Ordinance based on their comments and continued the item to the May 20, 2009 meeting. (WEST) Santa Margarita Area Annexation - On November 19, 2008, the Planning Commission recommended approval to proceed with an application to the Riverside County Local Agency Formation Commission to expand the City's Sphere of Influence and annex the Santa Margarita Area consisting of approximately 4,997 acres located immediately southwest of the City. On December 9, 2008, the City Council adopted Resolutions in favor of the Sphere of Expansion and Annexation. The City Council also certified the Environmental Impact Report for this project on December 9, 2008. Staff filed an application with LAFCO on December 17, 2008 and anticipates the LAFCO Sphere of Influence and Annexation hearing for this project to be held on June 4, 2009. (LOWREYIRICHARDSON) Development Code Update - Staff is preparing an update of the Development Code with various changes that include: codification of the City's current policywhich allows directional signs for colleges and universities; amendment to large family daycares consistent with State Law; removal of granny flats from the code consistent with State Law; updating the square footage allowance for guest houses to be the same as what is allowed for second dwelling units; wine tasting to require a CUP (unless the applicant is also a wine maker), minimizing requirements which trigger processing a sign program, and other minor clarifications within the Code. A public hearing is anticipated for Planning Commission on June 17, 2009 and Planning Commission recommendations will be brought forward to the City Council on July 14, 2009. (LOWREY) Old Town Specific Plan Update - Staff is working in conjunction with consulting firms Inland Planning+Design and Fehr and Peers (parking and circulation) to prepare an update to the Old Town Specific Plan that addresses the ten goals and recommendations for Old Town presented to City Council on March 25, 2008. On August 11, 2008, the Old Town Local Review Board formed a steering committee forthe Specific Plan Update currently consisting of Board Members Blair and Moore, with the purpose of this committee being to provide the Old Town Local Review Board with additional opportunities to review and comment on concepts and preliminary plans as the Specific Plan update progresses and for the committee to report back to the other Board members on the progress of the update. Commissioners Chiniaeff and Guerriero are also members of the Steering Committee, which most recently met on March 3, 2009 to review progress on the design guidelines for the Specific Plan Amendment. Staff intends to complete the first draft of the Specific Plan Amendment in August 2009, to present the draft update to the steering committee and the public in August 2009, and to bring the updated plan to the Old Town Local Review Board for review in September 2009, to the Planning Commission for review in October 2009, and to City Council for review in November 2009. (FISKIINNESILOWREY) Planning Agenda Report 4/1/2009 through 4/30/2009 1. • PA09-0077 Cross Walk 2009 910300008 CHRISTINE DAMKO A Major Temporary Use Permit for the 23rd Annual Crosswalk on April 10, 2009 from 11:00am to 3:00pm starting at Temeku Cinemas in Palm Plaza and ending at Sam Hicks Park in Old Town. Submitted Date Approved Date 3/2/2009 Apr 6 2009 APN # • PA09-0098 Used Car Sale Major TUP 910420005 ERIC JONES A Major Temporary Use Permit for a used car tent sale to be held at the Promenade Mall in the Macy's parking lot from April 17th through April 19 Submitted Date Approved Date 3/12/2009 Apr 8 2009 APN # • PA09-0106 Old Town Corvette Show 922073024 CHRISTINE DAMKO A Temporary Use Permit for an "Old Town Corvette Show" located in the Stampede parking lot on April 19, 2009 from 7:30 a.m. to 3:00 p.m. Submitted Date Approved Date 3/19/2009 Apr 13 2009 APN # • PA09-0117 CHS Business Expo 920090005 ERIC JONES A Major Temporary Use Permit for a Business Expo on April 25, 2009 at Chaparral High School located at 27215 Nicolas Road. Submitted Date Approved Date 3/26/2009 Apr 15 2009 Recently Approved APN # 1 of 4 Planning Agenda Report 4/1/2009 through 4/30/2009 2. Scheduled for Hearing APN # • PA08-0004 Verizon Wireless CUP 953390002 BETSY LOWREY Planning Application Number PA08-0004, a Conditional Use Permit/Antenna Facility Application for Verizon to reconstruct an existing wireless 68-foot cellular Monopine and co-locate two additional antenna arrays for a total of three antenna arrays, replace all 53 existing branches with enhanced branches/foliage and add 37 additional branches, provide additional landscaping including trees and vines to screen the project and related equipment located within a fenced enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road [APN 953-390-002]. Submitted Date DRC Meeting Date Planning Commision 1/7/2008 May 20 2009 APN # • PA08-0117 T-Mobile Cell Tower Redhawk 962040012 ERIC JONES A Conditional Use Permit and Antenna Facility Application for a cell tower developed as a 50' flag pole located 45100 Redhawk Parkway. A wall and gate will be incorporated with the project to conceal equipment. (Previous Application: PR07-0020) Submitted Date DRC Meeting Date No Hearing Planned 5/22/2008 TBD APN # • PA08-0125 Temecula Village PDO-5 Amend1 944290012 CHERYL KITZEROW/MATT PETERS A Zoning Amendment to modify PDO-5 (Temecula Village) to permit Grocery Stores up to 15,000 square feet with a Conditional Use Permit (currently allowed up to 10,000 SF w/CUP). Other changes include reducing landscape buffer/setback along Rancho California Road from 25 to 20 feet and miscellaneous clean-up/references to previous approvals. Temecula Village is located along the south side of Rancho California Road, east of Moraga Road. (Associate projects PA08-0122 and PA08-0123 - Fresh and Easy DP/CUP) Pending City Council hearing (date to be determined). Submitted Date DRC Meeting Date Planning Commision 6/4/2008 6/26/2008 Oct 15 2008 APN # • PA08-0149 Monopine CUP 953390002 BETSY LOWREY Planning Application Number PA08-0149, a Conditional Use Permit/Antenna Facility Application for AT&T to replace an existing wireless 50-foot cellular monopole with a newly constructed aesthetically enhanced 65-foot wireless cellular Monopine (faux pine tree), co-locate an additional antenna array for a total of two antenna arrays, and provide additional landscaping including trees and vines to screen the project and related equipment located within a fence and wall enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road [APN 953-390-002]. Submitted Date DRC Meeting Date Planning Commision 6/26/2008 May 20 2009 2of4 Planning Agenda Report 4/1/2009 through 4/30/2009 3. New Submittals Pending DRC Meeting APN # • PA08-0143 BAILY'S RESTAURANT BANQUET 922046018 CHRISTINE DAMKO TUP A Major Temporary Use Permit to allow Baily's Restaurant to conduct banquets/events throughout the year within an approximately 2,000 square foot tent on restaurant property. Live entertainment is also part of this application. Baily's Restaurant is located at the northwest corner of Front Street and Second Street within the Old Town Specific Plan. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/25/2008 TBD APN # • PA09-0059 HELP Ride Event 922073024 CHRISTINE DAMKO A Major Temporary Use Permit for the first annual HELP Motorcycle Ride on August 29, 2009 in Old Town Temecula. The event proposes to "show" motorcycles in the Stampede parking lot and on Front Street between Second and Third Streets (street closure required) followed by a music concert on Quaid Harley Davidson property located near the south end of Old Town Front Street. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 2/20/2009 TBD APN # • PA09-0061 Jehovah Witness Hall DP/CUP 957120019 ERIC JONES A Development Plan with Conditional Use Permit to construct and operate a 9,958 square foot Religious Institution (Kingdom Hall for the Jehovah Witness Congregation) on 3.15 acres within VL zoning, generally located on the northeast corner of Calle Girasol and Aussie Avenue, at 31640 Calle Girasol (APN 957-120-019) (Related Pre-App case: PR08-0052) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 2/23/2009 TBD APN # • PA09-0137 Palomar Hotel Minor CUP 922024009 ERIC JONES A Minor Conditional Use Permit for the Temecula House of Wine and Martini Bar to be housed within the future expanded Palomar Hotel located at 28522 Old Town Front Street. The wine garden will be located in the first floor courtyard along Front Street and the Martini Bar will be located on the 4th floor of the hotel expansion (Related applications: PA08-0134 - Palomar Hotel Expansion & PA08-0138 - Public Convenience or Necessity) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 4/6/2009 TBD APN # • PA09-0156 7-11 at Winchester PCN 910281003 CHERYL KITZEROW/MATT PETERS A Finding of Public Convenience or Necessity application for a Type 21 (off-sale beer and wine) ABC license for a proposed 7-11 convenience store occupying 3,016 square feet of retail located in an existing building at the northwest corner of Winchester and Ynez Roads, addressed as 41125 Winchester Road, Suite A3. (Census Tract 0432.10) Related Case: PA09-0157 Submitted Date Anticipated DRC Meeting Date Planning Commision 4/21/2009 Jun 17 2009 APN # • PA09-0157 7-11 @ Winchester CUP 910281003 CHERYL KITZEROW/MATT PETERS 3of4 Planning Agenda Report 4/1/2009 through 4/3012009 A Minor Conditional Use Permit application for a 7-11 convenience store with a Type 21 (off-sale beer and wine) ABC license occupying 3,016 square feet of retail located in an existing building at the northwest corner of Winchester and Ynez Roads, addressed as 41125 Winchester Road, Suite A3. Related Case: PA09-0156 Submitted Date Anticipated DRC Meeting Date Planning Commision 4/21/2009 Jun 17 2009 APN # • PA09-0170 The Wine Collective CUP 922033009 DANA SCHUMA A Minor Conditional Use Permit to allow for a wine bar with wine tasting and retail (Type 42 ABC license) at 28544 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/6/2009 5/28/2009 TBD 4 of 4 J ~ , • ~ . ; . ~ ~ ~gZ~ _ ~ +LPURRr~Ta HOT S~~NG i' FTA H, IT i i i-~- i i r g° r ~ i N1G / ~ i PA09-0061 r i - PA09 0117 r- r o l v F Utz P. a ~-U 12j PA09=0157 PA09-0098 t OPA09-0156 ; ~~Fo C~p G VIO - PA09 0077 ti' ' < ~ _ ~ PA08-0004 L1, oti~~ bR r - PA08-0149 /IID Pn~l -m JSN?,D -7 -V NC CAZ1FORtJIA t PA08-01434PA08-0125 / N, 1. ~~tT ~i~~~ }f i kOR dUS~JSA o J ~ ~ ~ p~lSSA pv , ~i ~y ~ i I 1 PA09-013,\ l - =?f ~ ~11•` 1~. -.•rlLRC1Rn ;/L7d~ ~~~TTCCS~~.!/X/ PA09-0106 o - 11~ d 1 \ rt- ~nrs~r ~ 1 -40i-0139 __FT~ ~ ~t t \V Legend Planning Status -April 2009 G tv T ~ ~ , ~N (l ~ i PA08-0117 0 1. Recently Approved ti 0 2. Scheduled for Hearing i WW, 3. New Submittals Pending DRC Meetin a 9 I ANZA RD R1?y } ~ b, 1 yy c° ~ \ EGG' EGG O ~ I ITEM NO. 28 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: May 26, 2009 SUBJECT: City Council Travel/Conference Report - April 2009 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On April 1, 2009 Council Member Ron Roberts traveled to Los Angeles to attend the Southern California Association of Governments Executive/Administration Committee, Transportation Committee, and Regional Council Meetings. Attachments: Meeting Agendas SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 2361800 f (213) 2361825 wwwscag.meov Officers President Richard Dixon, Lake Forest nrstVlce President Harry Baldwin, San Gabriel SeconclVice Pmsldent !on Edney, El Centro Immediate PastPresident Gary Ovitt, San Bernardino County . Policy Committee Chain ExecutlvetAdministradon Richard Dixon, Lake Forest Community, Economicand Human Development Larry McCallon, Highland Energy&Erwimnment Keith Hanks, A=a Transportation Mike Ten, South Pasadena Thursday, April 2, 2009 9:00 a.m. - 90:00 a.m. SCAG Offices 818 West 7th Street, 12th Floor San Bernardino Conference Room A/B Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email salcido0scag.ca.gov Agendas & Minutes for the Executive/Administration Committee are also available at: www.sGag.ca.gov/commiftees/eac.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The Regional Council is compdsedda3 electedoficials mpsesen in, 189doieysixmumles fiveCOUnryhansppnadon[ommissiata, Imperial valley AssakaonofGovernments and a Tdhal Gwesnment Wra sgatlww in Southem Caliomia. 3210a MEETING OF THE EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA APRIL 2, 2009 TIME PG# The ExecutivelAdministradon Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGLANCE (Hon. Richard Dixon, Chair) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Executive/ Administration Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The chair may limit the total time for all comments to twenty minutes. 3.0 REVIEW and PRIORITIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 Avproval Items 4.1.1 Minutes of March 5.2009 Meetine Attachment 1 4.1.2 Protocol for Presentations before the Attachment 6 Regional Council 4.1.3 Fulbright & Jaworski Contract Attachment 8 4.2 Receive & File 4.2.1 Contracts/Purchase Orders between Attachment 9 $5,000 - $250,000 5.0 REPORTS/ACTION ITEMS 5.1 Contracts Over $250,000 Attachment 5 min 15 (Leyton Morgan, SCAG Staffl Staff will provide information on two (2) Consultant Contracts over $250,000. Recommended Action: Approve both contracts. PAC - APR 2009 Doc#150666 Satcido-3/25/2009-11:23:50 AM Z SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA APRIL 2, 2009 TIME PG# REPORTS/ACTION ITEMS - Cont'd 5.2 2009 Strategic Plan Attachment 10 min 21 (Hon. Jon Edney) Recommended Action: Approve SCAG's 2009 Strategic Plan. 6.0 CAP SUBCOMMITTEE REPORT (Hon. Paula Lantz, Chair) 6.1 Proposed Revision of SCAG's $250.000 Attachment 10 min 38 Contract Threshold The proposed policy will be presented for review and consideration. Recommended Action: Recommend that the Regional Council revise the SCAG Contract Approval Threshold Policy. 6.2 SCAG Ethics Policy Attachment 10 min 39 The proposed Ethics Policy will be presented for consideration. Recommended Action: Recommend that the Regional Council approve the SCAG Ethics Policy. 7.0 CLOSED SESSION Public Employee Performance Evaluation Government Code 454959 Title: Executive Director 8.0 FUTURE AGENDA ITEMS An Committee member or staff desiring to place items on a future agenda may make such request. FAC -APR 2009 Doc4150666 Salcida3/252009.1232:04 PM !I SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA APRIL 2, 2009 TIME . PG# 9.0 ANNOUNCEMENTS 10.0 ADJOURNMENT The next meeting of the Executive/Administration Committee will be held in conjunction with the Annual General Assembly on May 7-8, 2009 at the La Quints. Resort and Club, 49-499 Eisenhower Drive, La Quinta, CA 92253. EAC-APR 2009 Doc#150666 Satcido-325/2009-11:23:50 AM iii SOUTHERN CAUFORNIA ASSOCIATION Of GOVERNMENTS SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 Thursday, April 2, 2009 90:00 a.m. - 12:00 Noon - t(213)236-1809 SCAG Offices ' f(213)236-1825 818 West 7th Street, 12th Floor wwwsmgxc gov San Bernardino Conference Room A/B fi Los Angeles, CA 90017 Of cers President (213) 236-1800 Richard Dixon, Lake Forest FirstVice President Harry Baldwin, San Gabdel _ SecondVcePresident If members of the public wish to review the Jon Edney, El Centro attachments or have any questions on any of the Immediate Past President agenda items, please contact Deby Salcido at Gary Ovity San Bernardino County (213) 236-1993 or via email salcidoC~scag.ca.oov Policy Committee Chairs Execuive/Administratlon Agendas & Minutes for the Transportation Committee Richard Dixon, Lake Forest are also available at: Human Community, DevebEconomicpment and Human ~,scao.ca.gov/committees/tc.htm Larry McCallon, Highland Energys Environment SCAG, in accordance with the Americans with Disabilities Act (ADA), will Keith Hanks, Azusa accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, Transportation please contact SCAG at (213) 236-1868 at least 72 hours in advance of MikeTen,South Pasadena the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The F*gbn4QWd Is<pwmOW eIMN oMt'abrevasoMgra9Cnkxsuoxmties, rwec"tyTnnsporte C Fnftsians, bnyaiaivellryASxb of muna and aTriblGwermmeiRrepaenGn'resvifhin5olnivn Wromu u3w MEETING OF THE T►ME PG# The Transportation Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Mike Ten, Chair) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Transportation Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The Chairman may limit the total time for all comments to twenty minutes. 3.0 REVIEW and PRIORITIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 Avyroval Item 4.1.1 Minutes of February 5, 2009 Meeting Attachment 1 4.2 Receive and File 4.2.1 Addition of Santa Ana Regional Attachment 5 Transportation Intermodal Center (SARTIC) Expansion Project to Strategic Plan of the 2008 Regional Transportation Plan CRTP) 4.2.2 Regionally Significant Transportation Attachment 6 Investment Study (RSTIS) Letters of Completi on 5.0 ACTION ITEM 5.1 Regional Champion Award Nommation Attachment 10 min 16 (Linda Jones, SCAG Stain Recommended Action: Nominate award recipient. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS TC -APR 2009 Doc#150669 Salcido-325/2009-9:34:43 AM i TRANSPORTATION COMMITTEE AGENDA APRIL 29 2009 TIME PG# 6.0 INFORMATION ITEM 6.1 Update on Foothill/Eastern Transportation Corridor Attachment 20 min 17 Agency SR-241 Toll Road Project (Tom Margro, Transportation Corridor Agencies, CEO) Tom Margro will provide an update on the SR-241 Project. 6.2 Four Corners Transportation Study Update Attachment 15 min 18 (J.D. Douglas, Kimley-Horn and Associates, Inc.) J.D. Douglas will report on the recently completed Preferred Improvement Strategies List, a substantive update to the original 2000 Four Corners Transportation Study. 7.0 CHAIR'S REPORT 8.0 STAFF REPORT (Naresh Amatya, SCAG Stgjn 9.0 FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such a request. 10.0 ANNOUNCEMENTS 11.0 ADJOURNMENT The next meeting of the Transportation Committee will be scheduled in conjunction with the Annual General Assembly on May 7-8, 2009 at the La Quinta Resort & Club, 49-499 Eisenhower Drive, La Quinta, California 92253. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS TC - APR 2009 D00#150669 Salcido-325/2009-10:49:57 AM li SOUTHERN CALIFORNIA 11 ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t(213)236-1800 f (213) 2361825 Thursday, April 2, 2009 12:15 p.m. - 2:00 p.m. wwwscag.w.gov SCAG Offices - 818 West 7th Street, 12th Floor Officers San Bernardino Conference Rm A & B President Richard D'oron, Lake Forest Los Angeles, CA 90017 FirslcWn. Sanreabriel (213) 236-1800 HanyBaldwin, San Ga - dw~ SecondKce President - )on Edney, ElCemm Immediate P rnardi`no C~ Coou my Gary Ovitt,San Bernardi If members of the public wish to review the attachments P°It" or have any questions on any of the agenda items, please contact Shelia Stewart at (213) 236-1868 or EmcutNWAdministration Richard Duran, Calm Forest stewart(cDscag.ca.gov Community, Economic and Human Development - Agendas & Minutes for the Regional Council are also Larry McCallon, Highland available at: Energy ith Hanks. AZI15 Amsa nt Keith Ha www.sca-g.ca.gov/commiffees/re.htm Transportation - MamTen,South Pasadena SCAG, in accordance With the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance. of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact(213)236-1868. A Aftk mea~dcranaa mr~pi:eadalatmadr~mn lnmask~ncaraeu~nyrnrar~nauoacnm~lnims Oripo6lWdry'AoodtimdGvemmu~ttardaTrLvlGoremurentrtpermtahewiNnSOUtlionOROMa NO. 507 MEETING OF THE REGIONAL COUNCIL AGENDA APRIL 2, 2009 The Regional Council may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OV ALLEGIANCE (Hon. Richard Dixon, President) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The President may limit the total time for all comments to twenty minutes. 3.0 4.0 CONSENT CALENDAR PG# 4.1 Apvroval Items 4.1.1 Minutes of March 5.2009 Meeting Attachment 1 4.1.2 Protocol for Presentations before the Attachment 11 Regional Council 4.1.3 Partnership for Healthy Air and Cleaner Attachment 13 Transportation (PHACT) 4.1.4 Fulbright & Jaworski Contract Attachment 16 4.2 Receive & File 4.2.1 Contracts/Purchase Orders between Attachment 17 $5,000 - $250,000 5.0 PRESIDENT'S REPORT 5.1 Committee Appointments RC- April 2009 Dock149076 Stewart 4009 0 i SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS REGIONAL COUNCIL AGENDA APRIL 2, 2009 PG# 6.0 COMMITTEE REPORTS/ACTION ITEMS 6.1 Nominating Committee Report (Hon. Ron Roberts, Chair) 6.1.1 Nomination of 2009 President, lst VP & 2nd VP Recommended Action: Approve nominations submitted by the Nominating Committee, subject to additional nominations from the floor. 6.2 Executive/Administration Committee (EAC) Report (Hon. Richard Dixon, Chair) 6.2.1 Contracts over $250.000 Attachment 23 Recommended Action: Approve 6.2.2 2009 Strategic Plan Attachment 29 If Recommended Action: Approve and forward to the General Assembly. 6.2.3 Proposed Revision to SCAG's $250.000 Contract Attachment 46 Threshold Recommended Action: Approve proposed revision to the Contract Approval Threshold Policy. 6.2.4 SCAG's Ethics Policy Attachment 47 Recommended Action: Approve 6.3 Community. Economic & Human Development (CEHD) Report (Hon. Larry McCallon, Chair) A . 6.3.1 RHNA Reform Follow-up and Next Steles Attachment to be (Mike Madrid, Madrid & Associates) Mailed Separately RC-April 2009 Doc#149076 J' Stewart 4!2/09 Zi SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS . 6.4 Energy & Environment Committee (EEC) Report (Hon.. Keith Hanks, Chair) 6.5 Transportation Committee (TC) Report (Hon. Mike Ten, Chair) 6.6 Legislative/Communication and Membership Committee Report (Hon. Glen Becerra; Chair)' PG# 6.6.1 May 2009 Special Election Budget Ballot Attachment 57 Measures-Propositions lA-1F Recommended Action: Consider recommendation by Legislative Committee. 6.6.2 State and Federal Legislative Update 7.0 EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata) 8.0 INFORMATION ITEMS 8.1 CFO Monthly Financial Report Attachment 66 (Wayne Moore, CFO) 9.0 CLOSED SESSION 9.1 Conference with Legal Counsel Existing Litigation One case (Govt. Code Sec 54956.9(a)) City of Irvine v. SCAG, Court of Appeals, 4th District Case No. G040513 10.0 ADJOURNMENT The next meeting of the Regional Council will be scheduled in conjunction with the Annual General Assembly on May 7-8, 2009 at the La Quinta Resort & Club, 49-499 Eisenhower Dr., La Quinta, California 92253. RC- April 2009 Doc#149076 Stewart 4/2/09 ill SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS ITEM NO. 29 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: May 26, 2009 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of April, 2009. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Superviso(o DATE: May 8, 2009 SUBJECT: Monthly Activity Report - April, 2009 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of April, 2009: I. SIGNS A. Total signs replaced 27 B. Total signs installed 4 C. Total signs repaired 45 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 16 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 11,307 B. Total Tons 105 IV. CATCH BASINS A. Total catch basins cleaned 342 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 43,260 VI. GRAFFITI REMOVAL A. Total locations 132 B. Total S.F. 10,945 VII. STENCILING A. 72 New and repainted legends B. 50,138 L.F. of new and repainted red curb and striping NAMAIN'FAIMNIOACI'RM' Also, City Maintenance staff responded to 44 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 38 service order requests for the month of March , 2009. The Maintenance Crew has also put in 86 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of April, 2009 was $24,330.90 compared to $101,532.00 for the month of March, 2009. Account No. 5402 $ 16,525.00 Account No. 5401 $ 7,805.90 Account No. 999-5402 $ -0- Electronic Copies: Amer Attar - Dan York - Jerry Gonzalez - Principal Engineer (CIP) City Engineer Associate Engineer (Traffic) R:WAINTAINWOACTRP 3 m ~ o o 0 N m T m O O) C W ~ O Q ~ N m T E m a N R d Dina Y OX C w U °o J Lu a N z m F F S °o N IL >z O U a a } z h co N LL 1 w ❑ 0, LL a (p.. y K a5 Q F N ~ Ol b d O O O O O O N Yi b C6 O OI Ili ~ Oi O O {V N b b O O Of O b N b 16 06 dW O tp O c; W O b M N' M M a: 1: n b U O N N b b IG O N N N tG Cf N N M V O M ~ M A N C V Q W., N O O O O Of O O O O 1~ O d O O O d N W W h b O W Oi b b pi M F Y: A d W O N N O y m N m 0 .1: Q b A M b O b b b O b M r N h N d O d d ED N b - j F W Y Oo LL c; 0 O Y W ; Oaz 0 , U w! 0 O o' H r N 0 ❑ w F er. ~ J O 0 3 0 ~ . 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LU ?ice' M m r V N m ~T m ^ O N O N O O O M M ON O r O O m m0 O O R O M O M to 0 0 N 0 t0 r m 0 0 r N m mvrm c- V O N N r r N U); M O N p 00 O m O m m m V Om v m m Q m O r O N N Q V m N r M r c 0 O; n m m n M m F` r r LL' m V O m 2r N, LU z' m'. OOO OO O 0 0 NVONrOVV O O N O 0: . ( 0 J d3 63 M N C;q m N" m C C6 N m o N o o m o 0 o 0 ~ v r m o M v m v O O m 0 O 0 m M ~ L6 N 6 r d) o ~ ~ a, W O o ~ p m O O N O O m r M V O m m o i O N r O ( 0 M ~ c m N N N N W; ~ O N . O O N p O O r t0 V m 0 m r N N O O O O O p m 4~ v m p Q N O o ' m O M F U) Wi W O o O d y CS U c F U z y W -o E m w ii LL Z N N J a Q N ry c L c U Z F. z' fL N l ` J Co } y W UvQ m K m a y . O' A In y r y F m N m y F d p CO ¢ - Fy F 'o c~i N y N R V d 0 N U oyU O U O z E p y p 2 '-°R S~ d a~ v E O m m U ¢ U O d U U) U Q d w m c d 3 0 Y J ~ m J U FC~ J J g m~ED F X_ J ~ a a . a LU 3 a E a r ~ m o f0 2 O Qa m K d d p O > F O m m ` O ¢U~ O F U (D(A 0 F F H - 2' U m m ~p d ~ inm F F F UF0-z ¢ co O F STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of April, 2009 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 04.22.09 CITYWIDE CITY R.O.W. & CITY LOTS - WEED CONTROL # 5402 TOTAL COST $ 9,750.00 Date: TOTAL COST Date: TOTAL COST Date: TOTAL COST CONTRACTOR., ` BECKER ENGINEERING Date: 04.29.09 CITYWIDE SAW CUTTING FOR ASPHALT REPAIRS # 5402 TOTAL COST $ 6,775.00 Date: 04.29.09 FELIX VALDEZ & 6T" STREET CATCH BASIN REPAIR # 5401 TOTAL COST $ 377.90 CONTRACTOR: MONTELEONE EXCAVATING Date: 04.22.09 EMPIRE CREEK REMOVAL OF SAND & SILT CAUSED FROM WINTER STORMS # 5401 TOTAL COST $ 7,428.00 Date: # FTOTAL COST TOTAL COST ACCOUNT #5401 $ 7,805.90 TOTAL COST ACCOUNT #5402 $ 16,525.00 TOTAL COST ACCOUNT #99-5402 -0- R9MAIN'fAIMM0ACTRPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF APRIL, 2009 DATE LOCATION 5GOPE,QF WORK " S.F.: TOTAL TONS 04/01/09 SAN FERMIN PLACE AC O/L 939 4 04/02/09 YNEZ AT RANCHO VISTA POTHOLE 4 04/02/09 N/B MEADOWS PKWY. AT RANCHO CALIFORNIA ROAD R & R 432 12 04/03/09 CITYWIDE POTHOLES 24 TEMP 04/03/09 RANCHO CALIFORNIA ROAD POTHOLES 21 1 04/03/09 RANCHO VISTA POTHOLES 3 1 04/06/09 MEADOWS PKWY. AT RANCHO CALIFORNIA ROAD AC O/L 88 1 04/06/09 SAN FERMIN PLACE AC O/L 729 1 04/06/09 NICOLAS ROAD POTHOLES 9 3 04/06/09 YNEZ AT YNEZ COURT POTHOLES 2 TEMP 04/07/09 W/B WINCHESTER AT NICOLAS AC O/L 962 4 04/08/09 RANCHO CALIFORNIA ROAD AT YUKON POTHOLE 2 TEMP 04/08/09 WINCHESTER AT COUNTY CENTER DRIVE POTHOLE 8 04/08/09 MARGARITA AT PIO PICO POTHOLE 2 1 04/08/09 JEDEDIAH SMITH AT CABRILLO POTHOLE 2 l 04/09/09 CITYWIDE POTHOLES 48 1 04/13/09 S/B MARGARITA AT STONEWOOD R & R 535 20 04/14/09 SANTIAGO AT MANZANO AC 0/L 1,008 5 04/14/09 RANCHO CALIFORNIA RD. BTWN. YNEZ & LYNDIE LANE POTHOLE 7 04/15/09 JEDEDIAH SMITH AT PESCADO R & R 320 9 04/16/09 MISCELLANEOUS AREAS ON RANCHO CALIFORNIA RD. POTHOLES 11 04/16/09 JEDEDIAH SMITH AT PESCADO R & R 230 6.5 04/16/09 GLEN EAGLES STREET AC 0/L 100 04/20/09 SANTIAGO AT MANZANO AC O/L 646 04/20/09 MANZANO AT MARIPOSA AC O/L 75 04/20/09 SANTIAGO AT MANZANO AC 0/L 151 3 04/21/09 29820 DEL REY R & R 88 04/21/09 LOS RANCHITOS AREA _ AC 0/L 1,354 4 RAMAI NTAINI W KCMPI.TD\ASPHACf.RPR DATE LOCATION. SCOPE OF WORK S.F. > TOTAL TONS 04/22/09 S/B MARGARITA AT RANCHO VISTA AC O/L 20 04/22/09 LOS RANCHITOS AREA AC O/L 840 4 04/23/09 MANZANO AT MARIPOSA PLACE AC O/L 585 3 04/27/09 MARGARITA AT OVERLAND R & R 100 3 04/28/09 NICOLAS ROAD AC O/L 70 04/28/09 MANZANO DRIVE AC O/L 325 04/28/09 DE PORTOLA AT CALLE RIVAS AC O/L 294 5 04/29/09 SAN FERMIN PLACE AC O/L 888 3 04/30/09 S/B MARGARITA AT STONEWOOD R & R 385 12 TOTAL S.F. OF REPAIRS 11.307 TOTAL TONS 105 R:\MAINTAINIWKCMPLTMASPli LT.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF APRIL, 2009 DATE ' v®CATIo "WORK COMPLETED 04/01/09 CALLE GIRASOL AT RIVERTON DRIVE CLEANED & CHECKED 1 CATCH BASINS 04/01/09 AREA #4 CLEANED & CHECKED 44 CATCH BASINS 04/01/09 AREA #1 CLEANED & CHECKED 4 CATCH BASINS 04/02/09 AREA #4 CLEANED & CHECKED 38 CATCH BASINS 04/07/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 5 CATCH BASINS 04/08/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 29 CATCH BASINS 04/09/09 AREA #4 CLEANED & CHECKED 47 CATCH BASINS 04/13/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 9 CATCH BASINS 04/14/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 22 CATCH BASINS 04/15/09 AREA #4 CLEANED & CHECKED 25 CATCH BASINS 04/16/09 AREA #4 CLEANED & CHECKED 41 CATCH BASINS 04/20/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 11 CATCH BASINS 04/20/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 4 CATCH BASINS 04/22/09 CITYWIDE AREAS #2, #3, #4 CLEANED & CHECKED 8 CATCH BASINS 04/23/09 AREA #5 CLEANED & CHECKED 43 CATCH BASINS 04/27/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 11 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 342 RAMAINTAIN\W KCMPLETU\CATCHBAS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF APRIL, 2009 DATE Y L,OCAT)ON „-WORK COMPLETED 04/01/09 LEENA WAY AT ABETO WAY REMOVED 1 S.F. OF GRAFFITI 04/01/09 SPRINGTIME AT WINCHESTER CREEK REMOVED 3 S.F. OF GRAFFITI 04/01/09 VIA GILBERTO AT CREEK BED REMOVED 35 S.F. OF GRAFFITI 04/01/09 HARVESTON AT ST. AUGUSTINE REMOVED 1 S.F. OF GRAFFITI 04/01/09 HARVESTON AT LAKE VIEW REMOVED 2 S.F. OF GRAFFITI 04/02/09 NO. GENERAL KEARNY AT CAMINO CAMPOS VERDES REMOVED 1 S.F. OF GRAFFITI 04/02/09 NO. GENERAL KEARNY AT DEER MEADOW REMOVED 2 S.F. OF GRAFFITI 04/02/09 TANAGER STREET REMOVED 28 S.F. OF GRAFFITI 04/02/09 MEADOWS PARKWAY AT ROYAL OAKS REMOVED 2 S.F. OF GRAFFITI 04/02/09 MARGARITA AT STONEWOOD REMOVED 13 S.F. OF GRAFFITI 04/02/09 MARGARITA AT SOLANA REMOVED 2 S.F. OF GRAFFITI 04/02/09 NO. GENERAL KEARNY AT CAMINO CAMPOS VERDES REMOVED 6 S.F. OF GRAFFITI 04/03/09 NO. GENERAL KEARNY AT DEER MEADOWS REMOVED 3 S.F. OF GRAFFITI 04/03/09 WINCHESTER AT RORIPAUGH REMOVED 1 S.F. OF GRAFFITI 04/03/09 40224 WINCHESTER REMOVED 1 S.F. OF GRAFFITI 04/03/09 28100 JEFFERSON REMOVED 2 S.F. OF GRAFFITI 04/06/09 LA PAZ AT TEMECULA PARKWAY REMOVED 2 S.F. OF GRAFFITI 04/06/09 31689 BADGER WAY REMOVED 62 S.F. OF GRAFFITI 04/06/09 31656 SEASTAR REMOVED 55 S.F. OF GRAFFITI 04/06109 AVENIDA DE MISSIONS CHANNEL REMOVED 247 S.F. OF GRAFFITI 04/06/09 ANZA AT CORTE MISLANCA REMOVED 1 S.F.OFGRAFFITI 04/06/09 REGINA AT TEHACHAPI REMOVED 2 S.F. OF GRAFFITI 04/06/09 REGINA AT GAROLI REMOVED 2 S.F. OF GRAFFITI 04/06/09 44834 TEHACHAPI REMOVED 2 S.F. OF GRAFFITI 04/06/09 BUTTERFIELD STAGE ROAD AT ROYAL CREST REMOVED 18 S.F. OF GRAFFITI 04/06/09 BUTTERFIELD STAGE ROAD AT ROYAL CREST REMOVED 15 S.F. OF GRAFFITI 04/06/09 LONG VALLEY AT HUMBER REMOVED 1 S.F. OF GRAFFITI RiMA1NTAIN\W KCMPLTMGRAFFITI\ DATE LOCATION WORK COMPLETED 04/06/09 YNEZ AT YNEZ COURT REMOVED 299 S.F. OF GRAFFITI 04/06/09 NO. GENERAL KEARNY AT SANTA GERTRUDIS CREEK REMOVED 285 S.F. OF GRAFFITI 04/06/09 N/B I-15 FREEWAY AT TEMECULA PARKWAY REMOVED 44 S.F. OF GRAFFITI 04/06/09 NO. GENERAL KEARNY AT CAMINO CAMPOS VERDE REMOVED 3 S.F. OF GRAFFITI 04/06/09 MARGARITA AT WINCHESTER REMOVED 3 S.F. OF GRAFFIT 04/06/09 VIA LOBO AT DEER MEADOW REMOVED 2 S.F. OF GRAFFITI 04/06/09 PECHANGA PARKWAY BRIDGE REMOVED 964 S.F. OF GRAFFITI 04/07/09 TEMECULA CREEK AT REDHAWK REMOVED 134 S.F. OF GRAFFITI 04/07/09 BUTTERFIELD STAGE BRIDGE REMOVED 1,453 S.F. OF GRAFFITI 04/07/09 WINCHESTER AT NICOLAS REMOVED 3 S.F. OF GRAFFITI 04/07/09 WGASA AT AVENIDA ENRIQUE REMOVED 1 S.F. OF GRAFFITI 04/07/09 LUZON AT WALCOTT REMOVED 1 S.F. OF GRAFFITI 04/08/09 44948 MARGE PLACE REMOVED 1 S.F. OF GRAFFITI 04/08/09 44879 MARGE PLACE REMOVED 3 S.F. OF GRAFFITI 04/08/09 S/B MARGARITA AT MORAGA REMOVED 4 S.F. OF GRAFFITI 04/08/09 LA SERENA AT SO. GENERAL KEARNY REMOVED 1 S.F. OF GRAFFITI 04/08/09 MARGARITA AT LA SERENA REMOVED 1 S.F. OF GRAFFITI 04/08/09 YNEZ AT SANTA GERTRUDIS CREEK REMOVED 2 S.F. OF GRAFFITI 04/08/09 SOLANA BETWEEN YNEZ AND MARGARITA REMOVED 1 S.F. OF GRAFFITI 04/09/09 RORIPAUGH AT STARLING REMOVED 3 S.F. OF GRAFFITI 04/09/09 SANDERLING REMOVED 5 S.F. OF GRAFFITI 04/09/09 42031 MARGARITA REMOVED 1 S.F. OF GRAFFITI 04/09/09 42037 MARGARITA REMOVED 1 S.F. OF GRAFFITI 04/09/09 VIA DEL CORONADO AT LOMA LINDA REMOVED 207 S.F. OF GRAFFITI 04/09/09 EDISON PLANT ON LOMA LINDA REMOVED 147 S.F. OF GRAFFITI 04/09/09 SPILLWAY ON RANCHO VISTA AT SOUTHERN CROSS REMOVED 58 S.F. OF GRAFFITI 04/09/09 RANCHO CALIFORNIA ROAD AT MORAGA REMOVED 4 S.F. OF GRAFFITI 04/09/09 RANCHO CALIFORNIA ROAD AT TOWN CENTER REMOVED 3 S.F. OF GRAFFITI 04/09/09 MORAGA AT MARGARITA REMOVED 3 S.F. OF GRAFFITI 04/10/09 OLD TOWN FRONT STREET AT TEMECULA PARKWAY REMOVED 9 S.F. OF GRAFFITI 04/10/09 OLD TOWN FRONT STREET AT 3RD STREET REMOVED 2 S.F. OF GRAFFITI RSMAINTAIN\ W KCMPLTMGRAFFITR DATE LOCATION„ 111 WORK COMPLETED 1 04/10/09 RAINBOW CANYON ROAD REMOVED 24 S.F. OF GRAFFITI 04/10/09 WOLF CREEK AT PECHANGA REMOVED 80 S.F. OF GRAFFITI 04/10/09 DEER HOLLOW AT PECHANGA REMOVED 36 S.F. OF GRAFFITI 04/10/09 WOLF VALLEY AT PECHANGA REMOVED 15 S.F. OF GRAFFITI 04/10/09 CAMPANULA AT PAVIA WAY REMOVED 2 S.F. OF GRAFFITI 04/10/09 OVERLAND AT NICOLE LANE REMOVED 6 S.F. OF GRAFFITI 04/10/09 NO. GENERAL KEARNY AT MARGARITA REMOVED 1 S.F. OF GRAFFITI 04/10/09 NO. GENERAL KEARNY AT CAMINO CAMPOS VERDES REMOVED 2 S.F. OF GRAFFITI 04/10/09 MARGARITA AT OVERLAND REMOVED 3 S.F. OF GRAFFITI 04/10/09 PROMENADE WAY AT OVERLAND REMOVED 4 S.F. OF GRAFFITI 04/10/09 JEFFERSON AT DEL RIO REMOVED 96 S.F. OF GRAFFITI 04/13/09 AVENIDA DE MISSIONS IN CHANNEL REMOVED 338 S.F. OF GRAFFITI 04/13/09 CAMINO PIEDRO ROJO AT PAROWYN REMOVED 8 S.F. OF GRAFFITI 04/13/09 S/B 1-15 FWY AT RANCHO CALIFORNIA ROAD REMOVED 10 S.F. OF GRAFFITI 04/13/09 1-15 FWY AT TEMECULA PARKWAY REMOVED 50 S.F. OF GRAFFITI 04/13/09 NO. GENERAL KEARNY AT NICOLAS REMOVED 381 S.F. OF GRAFFITI 04/13/09 TOWER PLAZA REMOVED 8 S.F. OF GRAFFITI 04/13/09 28450 FELIX VALDEZ REMOVED 296 S.F. OF GRAFFITI 04/13/09 28400 FELIX VALDEZ REMOVED 656 S.F. OF GRAFFITI 04/13/09 UNDER OVERLAND BRIDGE REMOVED 280 S.F. OF GRAFFITI 04/13/09 S/B MARGARITA AT LA SERENA REMOVED 1 S.F. OF GRAFFITI 04/13/09 MARGARITA ATSTONEWOOD REMOVED 2 S.F. OF GRAFFITI 04/13/09 MARGARITA AT HARVESTON REMOVED 2 S.F. OF GRAFFITI 04/13/09 MARGARITA BRIDGE AT WINCO FOODS REMOVED 294 S.F. OF GRAFFITI 04/13/09 LIEFER BRIDGE AT NICOLAS REMOVED 92 S.F. OF GRAFFITI 04/13/09 NO. GENERAL KEARNY AT NICOLAS REMOVED 294 S.F. OF GRAFFITI 04/13/09 NO. GENERAL KEARNY AT SALERNO REMOVED 4 S.F. OF GRAFFITI 04/13/09 BEHIND TARGET CENTER REMOVED 6 S.F. OF GRAFFITI 04/14/09 MARGARITA ATSTONEWOOD REMOVED 3 S.F.OFGRAFFITI 04/14/09 29766 RANCHO CALIFORNIA ROAD REMOVED 24 S.F. OF GRAFFITI 04/14/09 MARGARITA BRIDGE AT SANTA GERTRUDIS CREEK REMOVED 400 S.F. OF GRAFFITI R:\MAINTAIN\ W KCMPLTD\GRAFPITR DATE LOCATION WORK COMPLETED 04/14/09 31026 SHABA CIRCLE REMOVED 4 S.F. OF GRAFFITI 04/14/09 DE PORTOLA AT MEADOWS PARKWAY REMOVED 1 S.F. OF GRAFFITI 04/14/09 DEL REY AT PINA COLADA REMOVED 3 S.F. OF GRAFFITI 04/14/09 ANTELOPE PLACE AT MANATEE REMOVED 66 S.F. OF GRAFFITI 04/15/09 MARGARITA AT AVENIDA SONOMA REMOVED 1 S.F. OF GRAFFITI 04/15/09 MARGARITA AT YMCA REMOVED 2 S.F. OF GRAFFITI 04/15/09 VIA PUERTA AT CAMINO DEL ESTE REMOVED 36 S.F. OF GRAFFITI 04/16/09 VIA NORTE AT CALLE PINA COLADA REMOVED 7 S.F. OF GRAFFITI 04/17/09 SO. GENERAL KEARNY AT BIG SAGE REMOVED 1 S.F. OF GRAFFITI 04/17/09 OLD TOWN AREA REMOVED 550 S.F. OF GRAFFITI 04/20/09 PECHANGA PARKWAY AT LOMA LINDA REMOVED 31 S.F. OF GRAFFITI 04/20/09 AVENIDA DE MISSIONS AT VIA RIO TEMECULA REMOVED 2 S.F. OF GRAFFITI 04/20/09 LOMA LINDA AT VIA DEL CORONADO REMOVED 68 S.F. OF GRAFFITI 04/20/09 EAST END OF DE PORTOLA REMOVED 55 S.F. OF GRAFFITI 04/20/09 AGENA AT SOUTHERN CROSS REMOVED 18 S.F. OF GRAFFITI 04/20/09 I-15 FWY ATTEMECULA CREEK REMOVED 33 S.F.OF GRAFFITI 04/20/09 1-15 FWY AT TEMECULA PARKWAY OFF RAMP REMOVED 320 S.F. OF GRAFFITI 04/20/09 TARGET CENTER REMOVED 2 S.F. OF GRAFFITI 04/20/09 WINCHESTER AT SANTA GERTRUDIS CREEK REMOVED 233 S.F. OF GRAFFITI 04/20/09 NO. GENERAL KEARNY AT SANTA GERTRUDIS CREEK REMOVED 10 S.F. OF GRAFFITI 04/20/09 SANTA GERTRUDIS CREEK AT HENRY'S MARKET REMOVED 211 S.F. OF GRAFFITI 04/20/09 MIRA LOMA AT RANCHO VISTA REMOVED 5 S.F. OF GRAFFITI 04/21/09 BOYS & GIRLS CLUB AT KENT HINTERGARDT REMOVED 32 S.F. OF GRAFFITI 04/22/09 PECHANGA PARKWAY AT TEMECULA CREEK REMOVED 490 S.F. OF GRAFFITI 04/23/09 GOLDS GYM AT 1-15 FWY REMOVED 135 S.F. OF GRAFFITI 04/25/09 END OF DE PORTOLA ROAD REMOVED 8 S.F. OF GRAFFITI 04/27/09 RANCHO CALIFORNIA ROAD AT YUKON REMOVED 10 S.F. OF GRAFFITI 04/27/09 LONG VALLEY AT YUKON REMOVED 50 S.F. OF GRAFFITI 04/27/09 WINCHESTER AT SANTA GERTRUDIS CREEK REMOVED 127 S.F. OF GRAFFITI 04/27/09 NO. GENERAL KEARNY BRIDGE REMOVED 298 S.F. OF GRAFFITI 04/27/09 NO. GENERAL KEARNY AT SALERNO WAY REMOVED 2 S.F. OF GRAFFITI RSMAINTAIM W KCMPLTD\GRAFFITI\ DATE ; LOCATION WORK COMPLETED 04/27/09 DEL REY ROAD AT CALLE PINA COLADA REMOVED 80 S.F. OF GRAFFITI 04/27/09 AVENIDA DE MISSIONS AT VIA RIO TEMECULA REMOVED 115 S.F. OF GRAFFITI 04/27/09 VIA LA COLORADA AT CAMINO SAN DIMAS REMOVED 1 S.F. OF GRAFFITI 04/27/09 RAINBOW CANYON AT CITY LIMITS REMOVED 2 S.F. OF GRAFFITI 04/27/09 VIA CORDOBA AT VIA OLIVERA REMOVED 2 S.F. OF GRAFFITI 04/27/09 MARGARITA AT RANCHO CALIFORNIA ROAD REMOVED 40 S.F. OF GRAFFITI 04/27/09 RANCHO CALIFORNIA ROAD AT MARGARITA REMOVED 150 S.F. OF GRAFFITI 04/28/09 LONG VALLEY AT ROANOAKE REMOVED 4 S.F. OF GRAFFITI 04/28/09 CALLE PAA COLADA AT DEL REY REMOVED 65 S.F. OF GRAFFITI 04/28/09 MEADOWS PARKWAY AT RANCHO VISTA REMOVED 1 S.F. OF GRAFFITI 04/28/09 CALLE MEDUSA AT CALLE KATERINE REMOVED 2 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 10.945 TOTAL LOCATIONS 131 RAMAINTNN\W KCMPLTD\G RAFPITI\ V 5w w O O O N W O O Z U O a W 0 a J LL 7 W cn z Q a a a m ZLL Q N ~ M e M iw W W w ro A c H F rn U M M.. . t- M a ~i LL ro ti ~ w i y i ' y O y L A 00 ~ O ~ M tn O O W ti w ~ ~ ~ ti ti ~ ~ O z A 3 00000000000000000000000000 00000000000000000000000000 00000000000000000000000000 r~hll~Mr~hlnMr Wh~MrMhlflMrMhICJMr ~aR V CF [tM MMMMNNNNNrrrrr CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF APRIL, 2009 DATE LOCATION WORK COMPLETED 04/06/09 ALCOBA DRIVE AT DE PORTOLA TRIMMED 5 R.O.W. TREES 04/07/09 YNEZ AT OVERLAND TRIMMED 5 R.O.W. TREES 04/07/09 27919 JEFFERSON TRIMMED 1 R.O.W. TREES 04/21/09 PAUBA AT LA PRIMAVERA TRIMMED 5 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 16 R:WAINTAIN\W KCOOIPLTMTREES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF APRIL, 2009 DATE ' LOCATION WORK, COMPLETED 04/01/09 DIAZ ROAD AT RANCHO CALIFORNIA ROAD ABATED 3,000 S.F. R.O.W. WEEDS 04/07/09 MADISON LOT ABATED 35,000 S.F. R.O.W. WEEDS 04/08/09 VIA LA VIDAAT VIA RENATE ABATED 60 S.F. R.O.W. WEEDS 04/15/09 VIA LA VIDA AT VIA RENATE ABATED 1,200 S.F. R.O.W. WEEDS 04/21/09 PAUBA AT LA PRIMAVERA ABATED 2,000 S.F. R.O.W. WEEDS 04/29/09 6T" STREET AT FELIX VALDEZ ABATED 2,000 S.F. R.O.W. WEEDS TOTAL S.F. R.O.W. WEEDS ABATED 43.260 R:\MAINTAIN\W KCOMPLTD\WEEDS CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF APRIL, 2009 DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 03/27/09 3027 CAPRICE COURT TREE 04/07/09 03/30/09 CINON WAY AT VOLTERRA STREET FENCE REPAIR 04/03/09 03/30/09 30486 DEER MEADOW ROAD TREE 04/01/09 03/31/09 JEREZ AT SUNNY MEADOWS SIGN REPAIR 04/01/09 04/01/09 LAMA COURT AT CAMPO DRIVE SIGN REPAIR 04/02/09 04/01/09 RANCHO CALIFORNIA ROAD CONCRETE REPAIR 04/03/09 04/02/09 TEMECULA ELEMENTARY GRAFFITI 04/02/09 04/02/09 45644 RAINBOW CANYON DRIVE POTHOLE 04/02/09 04/06/09 REDHAWK PARKWAY AT VIA PUEBLA DEBRIS 04/06/09 04/06/09 MARGARITA AT AVENIDA CIMA DEL SOL CATCH BASIN 04/06/09 04/06/09 MARGARITA ATSTONEWOOD DEBRIS 04/07/09 04/06/09 44887 MARGE PLACE CONCRETE REPAIR 04/08/09 04/07/09 33350 LA SERENA WAY TREE 04/07/09 04/09/09 30101 MIRA LOMA DRIVE TREE 04/09/09 04/09/09 32628 LEENA SIGN REPAIR 04/09/09 04/10/09 MANCHESTER AT FOX DEBRIS PICK-UP 04/13/09 04/13/09 GLENEAGLES COURT ASPHALT REPAIR 04/16/09 04/14/09 30714 CENTAUR COURT TREE 04/14/09 04/14/09 44730 CUPA LANE TREE 04/15/09 04/14/09 VIA RENATE AT VIA LA VIDA WEED ABATEMENT 04/15/09 04/15/09 CORTE PERGAMINO AT CORTE MAREA SIGNAL REPAIR 04/15/09 04/16/09 MORAGA DEBRIS PICK-UP 04/16/09 04/16/09 32031 CALLE CABALLOS SIGN REPAIR 04/17/09 04/16/09 29820 - 29830 DEL REY ROAD ASPHALT REPAIR 04/17/09 44840 MUIRFIELD DEBRIS REMOVAL 04/20/09 N7/09 RANCHO CALIFORNIA ROAD & YNEZ DEBRIS PICK-UP 04/17/09 30006 MIRA LOMA TREE 04/20/09 R:\MAINTAlMW RKCOMPLTD\SORS\ DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 04/20/09 PALMA DRIVE AT VALLEJO SNS 04/27/09 04/21/09 RANCHO CALIFORNIA ROAD AT HOPE WAY DEBRIS PICK-UP 04/21/09 04/22/09 39818 CAIMBRIDGE TREE 04/22/09 04/22/09 MARGARITA AT RANCHO VISTA SINKHOLE 04/22/09 04/22/09 CORTE PERGAMINO AT CORTE MAREA SIGN REPAIR 04/22/09 04/22/09 YNEZ AT PAUBA DEBRIS 04/22/09 04/22/09 GEORGETOWN ASPHALT 04/27/09 04/23/09 32830 WOLF STORE ROAD DEBRIS PICK-UP 04/23/09 04/23/09 30862 WILLOW RUN SIGN REPAIR 04/30/09 04/23/09 30344 SIERRA MADRE DRIVE CONCRETE REPAIR 04/27/09 04/27/09 RANCHO CALIFORNIA ROAD AT HOPE WAY DEBRIS 04/28/09 04/27/09 CHANTEMAR WAY AT CALLE PINA COLADA SNS 04/27/09 04/28/09 BUTTERFIELD STAGE ROAD AT RANCHO CALIFORNIA RD. DEBRIS 04/28/09 04/28/09 42037 SWEET SHADE LANE TREE 04/28/09 04/28/09 RAINBOW CANYON ROAD POTHOLES 04/28/09 04/30/09 RANCHO CALIFORNIA ROAD AT HOPE WAY DEBRIS 04/30/09 04/30/09 43046 CAMINO CASILLAS DEBRIS 05/01/09 TOTAL SERVICE ORDER REQUESTS 44 R1MAINTAIN\WRKCOM=L SORS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF APRIL, 2009 DATE LOCA LION WORK COMPLETED 04/01/09 JEREZATSUNNY MEADOWS REPAIR R1-1 04/01/09 W/B WINCHESTER AT WINCHESTER CREEK REPAIR CITY LIMIT SIGN 04/01/09 HARVESTON AT TOWNSHIP REPAIR R26 04/01/09 HARVESTON AT TOWNSHIP REPAIR R2-25 04/01/09 HARVESTON AT WELLSLEY REPAIR R1-1 04/01/09 HARVESTON AT WELLSLEY REPAIR R2-26 04/01/09 YNEZATPREECE REPAIR R1-1 04/01/09 VILLA ALTURAS AT PAUBA REPAIR Rt-1 04/01/09 YNEZATVIAHALCON REPAIR R1-1 04/02/09 CAMPO DRIVE AT LAMA COURT REPAIR SNS 04/03/09 RANCHO VISTA AT BUTTERFIELD STAGE REPAIR R-26 04/03/09 YNEZ AT LA PAZ REPAIR R1-1 04/06/09 VIA LOBO CHANNEL REPLACED NO TRESPASSING 04/07/09 PALM PLAZA AT YNEZ REPAIR W73-1 04/07/09 PALM PLAZA AT YNEZ REPAIR W73-1 04/07/09 OVERLAND ATYNEZ REPAIR R3-7 04/07/09 LUZON AT WALCOTT REPAIR R1-1 04/07/09 SIMI COURT AT HEITZ LANE REPAIR R1-1 04/07/09 CHARDONNAY AT HEITZ LANE REPAIR Rt-1 04/08/09 YNEZ AT LA PAZ REPAIR R1-1 04/08/09 JEFFERSON AT WINCHESTER REPLACED R4-7 04/08/09 YNEZ AT SOLANA REPAIR R-26A 04/08/09 VIA LA VIDA AT VIA SEVILLA REPAIR Rt-1 RAMAWTAIN\W KCMPLTD\SIGNS\ FF-DATE LOCATION F WORK COMPLETED 04/09/09 LA SERENA AT CEBU REPAIRED 2R1-1 04/09/09 PROMENADE AT CHARDONNAY HILLS REPAIRED R1-1 04/09/09 PROMENADE AT CHENIN CLINET REPAIRED R1-1 04/09/09 MEADOWS PARKWAY AT CASSINIO COURT REPAIRED R1-1 & R4-7 04/10/09 BUTTERFIELD STAGE ROAD AT WOLF STORE ROAD REPAIRED 2 R4-7 04/10/09 TEMECULA PARKWAY AT MAHLON VAIL REPAIRED R-26 A 04/10/09 TEMECULA PARLWAU AT OLD TOWN FRONT STREET REPLACED 3 DELINEATORS 04/10709 RAMSEY COURT AT MARGARITA ROAD REPAIR 1 SNS 04/14/09 BUSINESS PARK DRIVE AT DIAZ ROAD INSTALL R3-2 04/14/09 TEMECULA PARKWAY AT OLD TOWN FRONT STREET REPAIR R26(A) 04/14/09 DE PORTOLA AT MEADOWS REPAIR RI-1 04/15/09 TEMECULA PARKWAY AT BEDFORD INSTALL R-26 04/15/09 LA PAZ AT TEMECULA PARKWAY INSTALL PARK-N-RIDE 04/15/09 LA PAZ AT TEMECULA PARKLWAY INSTALL R-26 04/15/09 PERGAMINO AT CALLE RESACA REPAIR SNS 04/16/09 E/B TEMECULA PARKWAY AT MARGARITA ROAD REPAIR R-2-55 04/16/09 E/B TEMECULA PARKWAY AT CAMINO DEL SOL REPAIR W3-3 04/16/09 E/B TEMECULA PARKWAY AT BUTTERFIELD STAGE RD. REPAIR W3-3 04/16/09 E/B TEMECULA PARKWAY AT BUTTERFIELD STAGE RD. REPAIR R2-55 04/16/09 E/B TEMECULA PARKWAY AT BUTTERFIELD STAGE RD. REPAIR R3-2 04116/09 E/B TEMECULA PARKWAY AT BUTTERFIELD STAGE RD. REPAIR W3-3 04/16/09 E/B TEMECULA PARKWAY AT KEVIN LANE REPAIR W3-3 04/16/09 E/B TEMECULA PARKWAY AT JEDEDIAH SMITH REPAIR W3-3 04/16/09 E/B TEMECULA PARKWAY AT PECHANGA PARKWAY REPAIR W2-2 & W3-3 04/16/09 EB TEMECULA PARKWAY AT PECHANGA PARKWAY REPAIR W3-3 Wt-7 04/20/09 VALLEJO AT PALMA REPAIR R26 04/21/09 28069 DIAZ REPLACED 3 DELINEATORS R1MAINTAIM W KCMPLTD\SICNS\ DATE LO.C-„ATION r WORK COMPLETED " 04121/09 JEFFERSON N/0 WINCHESTER REPLACED 3 DELINEATORS 04/21/09 MARGARITA AT PAUBA REPLACED 2 DELINEATORS 04/21/09 MARGARITA AT PIO PICO REPLACED 2 DELINEATORS 04/21/09 MARGARITA AT PIO PICO REPAIR 5 DELINEATORS 04/21/09 OLD TOWN FRONT STREET AT TEMECULA PARKWAY REPAIR 2 DELINEATORS 04/21/09 RANCHO CALIFORNIA ROAD AT PROMENADE REPLACE 3 DELINEATORS 04/21/09 PAUBA AT VIA RAMI REPLACE 5 DELINEATORS 04/21/09 PAUBA AT VIA RAMI REPAIR 5 DELINEATORS 04/21/09 REDHAWK AT OVERLAND TRAIL REPLACE 2 DELINEATORS 04/22/09 28069 DIAZ REPAIR 1 DELINEATOR 04/22/09 YNEZ AT YNEZ COURT REPAIR 1 R3-2 04/22/09 DEL RIO AT VIA MONTEZUMA REPAIR SINS 04/24/09 WINCHESTER ROAD CHANGE FROM WOODEN POLES TO METAL REPAIR 6 MISC. SIGNS 04/25/09 JEREZ AT SUNNY MEADOWS REPAIR SNS 04/27/09 MARGARITA AT WINCHESTER REPAIR R4-7 04/27/09 MARGARITA AT WINCHESTER REPAIR R4-7 04/27/09 MARGARITA AT WINCHESTER REPLACED 1 DELINEATOR 04/27/09 OLD TOWN FRONT STREET AT TEMECULA PARKWAY REPAIR R2-26 04/27/09 MARGARITA AT SOLANA REPAIR 34-7 TOTAL SIGNS REPLACED 27 TOTAL SIGNS INSTALLED 4 TOTAL SIGNS REPAIRED 45 R\MAINTAIN\W KCMPLTD\SIGNS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF APRIL, 2009 DATE " LO, TION WORK COMPLETED " 04/01/09 FIRE STATION #73 75 SQ. FT. YELLOW BAR 04/01109 AREA #1 RED CURB REPAINTED 1,702 SQ. FT. 04/01/09 YNEZ AT PROMENADE MALL NO. REMOVED 1 LEDGER 04/02/09 AREAS #1 & #2 REPAINTED 5,610 SQ. FT. RED CURB 04/06/09 AREA #2 REPAINTED 6,136 SQ. FT. RED CURB 04/07/09 AREA #2 REPAINTED 6,103 SQ. FT. RED CURB 04/08/09 AREAS #1 & #2 REPAINTED 5,541 SQ. FT. RED CURB 04/09/09 AREA #2 REPAINTED 6,529 SQ. FT. RED CURB 04/13/09 AREA #2 REPAINTED 4,525 SQ. FT. RED CURB 04/14/09 AREA #3 REPAINTED 2,988 SQ. FT. RED CURB 04/15/09 AREAS #2 & #3 REPAINTED 1,019 SQ. FT. RED CURB 04/16/09 AREAS #3 & #4 REPAINTED 3,638 SQ. FT. RED CURB 04/20/09 AREAS #4 & #5 REPAINTED 2,012 SQ. FT. RED CURB 04/21/09 AREAS #4 & #5 REPAINTED 1,998 SQ. FT. RED CURB 04/22/09 AREAS #3, #4, & #5 REPAINTED 885 SQ. FT. RED CURB 04128/09 RED CURB REPAINTED 1,377 SQ. FT. RED CURB 04/29/09 AREA #5 BIKE LANES REPAINTED 42 SQ. FT. 04/30/09 AREA #5 BIKE LANES REPAINTED 29 SQ. FT. M L R TOTAL NEW & REPAINTED LEGENDS 72 NEW & REPAINTED RED CURB & STRIPING L.F. 50.138 R:WAINTAIMWRKCOMPUrD\ TRIPING CITY OF TEMECULA PAGE 1 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID bid date) PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be Contractor: Tovey Shultz Construction, Inc. completed when the mainline utilities are installed, which the City is undertaking - PW03-01 I ContractAmount: $3,298,000 David McBride 97%(6109) 93% estimated start in June of 2009. Afire engineAruck venting system (requested/added on Approved Change Orders: $212,768.24 2/06) will be installed when the Contractor re-mobilizes, this cost is also included in the Account No. 210-165-741 approved change order total. City Property at Diaz Road and Dendy Parkway This project provided for the rough grading of the vacant City property at Diaz Road and (Northwest RDA Property) - Rough Grading Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including PW06-03 I Contractor: Skanska David McBride Complete 100% hydroseeding, was completed in December of 2008. A notice of completion was approved Final Contract Cost $5,948,799.71 by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Murrieta Creek Multi Purpose Trail This project will build equestrian, pedestrian and bike trails between Murrieta Creek and Contractor: IAC Engineering, Inc. Diaz Road from Rancho California Road to Winchester Road. Contract work is complete. PW01-27 I ContractAmount: $1,308,148.48 Jon Salazar/ 100% (02109) 95% The project is in the 90-day maintenance period effective 4/1/09 ongoing through June Approved Change Orders (1-11): $212,657.09 Amer Attar 2009. Account No. 210-190-142-58XX Old Town Infrastructure Project-Town Square and This project involves construction of the Town Square and street improvements on Mercedes & Main Street Mercedes & Main Streets. The project was awarded on March 18, 2008. All storm drain, Contractor: LH Engineering Contract Amt: sewer, and water improvements are complete and all the roadways are paved. Work is PW06-07 I $3,458,495.00 Approved Change Order(s) $ 218,743.55 David McBride ° 901° (6109) ° 93 ongoing in the Town Square. The redesigned fountain is being constructed. The granite & 1 E (1C ) tiles are being installed in the fountain and the bowl is scheduled for delivery the week of Account Nos.: May 18th. Delays in delivery of specialty items for the fountain will extend the completion 210-165-636 date until June 2009. 210-165-643 Pechanga Parkway Phase II Street Improvements This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to from Temecula Parkway to City Limits @ Pechanga Pechanga Rd. The contractor completed the base paving for the entire project and all PW99-11 Road. Mayra De La median curbs have been installed. Capping the pavement is scheduled to begin on May (Ph II) I Contractor: All American Asphalt Torre/Amer 80% 70°!° 29th. Construction work yet to be done include pavement cap, striping, traffic loops, Contract Amount: $8,131,964.98 Attar landscaping and irrigation, and utilities. Completion of the project is scheduled for the end Account No. 210-165-668-58XX of June 2009. Old Town Infrastructure Projects This project includes the site grading and retaining walls for the Civic Center & the Parking - Parking Structure & Office/Retail Frontage Structure site as well as construction of a parking structure, including office frontage shell space. The grading for the Civic Center Pad is 100% complete and was turned over to PW06-07 Contractor: PCL Construction Contract Amount: $15,797,010.00 David McBride/ Bill 43% (17109) 32% the Civic Center Contractor on 4/8/09. The site perimeter retaining walls on the North end (1 D) Approved Change Orders: ($368,630.69) McAteer and along 1-15 along the Civic Center site are complete. The storm drain has been relocated. The third elevated slab concrete placement has been completed and the Account No. 210-165-644 exterior walls and columns are now visible above Mercedes Street. The excavation of the Parking Structure retaining wall footings is in progress. CITY OF TEMECULA PAGE 2 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) Ronald Reagan Sports Park Channel Silt Removal & This project includes restoring the Best Management Practices (BMP) of the Stormwater Desiltation Pond Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and Contractor: Sean Malek William the requirements of RWQCB by desilting the basin located near the Sports Park. 401 PW05-13 I Engineering Contract Amount: $315,510 Becerral Avlin p% 0°f° Certification, Streambed Alteration Agreement, and Nationwide Permits have been Account No. 210-190-187-58XX Odviar Odvi acquired. Bids were opened on 08/26/08 and will be awarded pending confirmation of FEMA reimbursement funding. Old Town Civic Center This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Site storm drain is PW06-07 I Contractor: Edge Development C t t A t $31 555 500 Bill McAteer! ° tgj10) $f ° 7f complete as well as the fire loop. Electrical underground has begun. RFI and Submittal Ph2 on rac moun : , , Approved Change Orders: $48,156 David McBride ° ° processing is ongoing and structural steel is in fabricaton. Account No. 210-165-751-58XX Temecula Community Center Expansion Work began on January 13, 2009. The building is currently being framed. The anticipated Contractor: Erickson-Hall Construction Company William completion date of the project is October 2009. PW06-05 III Contract Amount: $1,184,000.00 Becerra! David 41% 32% McBride Account No. 210-190-197 De Portola Road Pavement Rehabilitation Project This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to (from Jedediah Smith to Margarita) Margarita Rd. This is a federally funded project. Construction began the week of 3/16/09 Contractor: Hardy & Harper, Inc. Jon Salazar! ° ° with potholing for underground storm drain work, which revealed conflicts with gas and PW06-10 I Contract Amount: $1,161,000 Amer Attar 40 f° 1 f° phone lines. Contract work resumed on 4/20/09 after an approx. 3-week delay due to Account No. 210-165-656-58XX utility conflicts. Storm drain work is nearly complete; roadway work is set to begin on 5/18/09. Pavement Rehabilitation Rancho California Road This project will rehabilitate Rancho California Road from Ynez Road to the City limits on (Ynez to East City Limit) - STPL Project Kendra the east. The project was awarded to All American Asphalt on March 24, 2009. Pre- PW06-14 I Contractor: All American Asphalt Hannah- 0% 0% construction meeting was held April 20, 2009. Anticipated start date is May 26, 2009. Contract Amt: $3,666,004.25 Meistrell/Avlin Odviar Account No. 210-165-657 Traffic Signal Installation - Citywide, Butterfield Stage This project will install a new traffic signal on Butterfield Stage Road at Welton Street l Rd at Welton St! Channel St Kendra Channel Street. The bid opening was on 03/17/09. The project was awarded to PW07-09 I Contractor: Christopher R. Morales, Inc. Hannah- 0% 0% Christopher R. Morales, Inc. on 04/14/09. Pre-construction meeting was held 05/05/09. Contract Amount: $323,893.00 Meistrell I Anticipated start date is August 2009 Avlin Odviar . Account No. 210-165-669-58XX Traffic Signal Installation - Citywide, Meadows Pkwy This project will install a new traffic signal on Meadows Parkway at McCabe Drive. The at McCabe Dr Kendra bid opening was on 03/17/09. The project was awarded to Christopher R. Morales, Inc. PW07-10 I Contractor: Christopher R Morales, Inc. Hannah- 0% 0% on 04/14/09. Pre-construction meeting was held 05/05/09. Anticipated start date is August Contract Amount: $323,983.00 Meistrell / 2009 Avlin Odviar . Account No. 210-165-672-58XX Localized Storm Drain Improvements This project will replace the failed CMP under Margarita Road, just south of Rancho Vista Emergency Replacement of a Failed Storm Drain Road with an RCP. The emergency work commenced on April 29, 2009. It was Pipe Under Margarita Road ° substantially complete by the end of the week of May 11, 2009 PW09-05 I Contractor: Monteleone Contractors Amer Attar 100% 0% Contract Amount: $123,618.18 Account No.: 210-165-715-58XX CITY OF TEMECULA PAGE 3 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID ($j bid date) Site Demolition at 41351 Armada Place Project consists of the demolition of 2 houses at the NE corner of Butterfield Stage Contractor: vezion's West, Inc. Mayra De La Road/Rancho California Road. Project was advertised and bids were opened on 1/29/09. PW08-08 Contract Amount: $18,210.00 Torre 100% 0% Work started 3/30/09. Work on this project is complete and the Notice of Completion is in Account No. 210-165-723-58XX the process of being filed. Citywide Slurry Seal Project FY08-09 Chris White I Slurry Seal of local streets within Paloma Del Sol and Temeku Hills. Contract to be PW 09-01 Contractor: Pavement Coating Company Mayra De La 0% 0% awarded on May 26th, 2009 Council meeting. ContractAmount: $323,817.17 Torre PROJECTS BEING ADVERTISED FOR BIDS Citywide Concrete Repairs FY 2008-09 Citywide Concrete Repairs is currently being advertising for bid opening on June 2, 2009. Removing and replacing various improvements Chris Award contract at the June 23, 2009 Council meeting. PW09-03 I including, but not limited to, curb & gutter, sidewalk, White/Mayra drive approaches, under sidewalk drains, cross De La Torre gutter, ADA ramps and local depressions. PROJECTS BEING DESIGNED BY CONSULTANTS Re-Stripe Route 79 South to 8 lanes from Pechanga This project will provide four lanes in each direction on Temecula Parkway (formerly State Parkway to 1-15 Kendra Route 79 South) from 1-15 to Pechanga Parkway. The City is working to meet Caltrans PW07-08 I Consultant: JMD Hannah- 60%(07109) 50% requirements to do the striping. Amount: $29,210.00 Iin Oell! Avlin dviar Account No. 210-165-676-58XX Pechanga Parkway Storm Drain Improvements- This project includes the construction of new wetlands for the Wolf Valley Creek Channel Environmental Mitigation Improvements-Stage 1. The wetlands will be created through the construction of new landscape and irrigation systems. The site is located along the north bank of Temecula PW99- Consultants: Community Works Design Mayra De La Creek (within flood-plain/way areas). The environmental regulatory agencies have 11 EM I Contract Amount: $29,840 Torre 98% 98% approved this new mitigation area. Mylars are ready for signature. The contract bid document was reviewed and will be revised to incorporate all of the corrections. Offers for Account No. 210-165-668-58XX purchase of the properties were made. The City Council adopted a Resolution of Necessity to acquire the property at their 11/25/08 meeting. The proposed improvements cannot be implemented until the City obtain possession of the properties. Murrieta Creek Bridge and Overland Drive Extension The project includes the extension of Overland Drive from Commerce Center Drive to Diaz from Commerce Center to Diaz Rd Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army Chris Whiter Corps of Engineers and the state environmental regulatory agencies is required. The 90% PW00-26 I Consultant: Project Design Consultants Mayra De La 90% 90% plan comments have been returned to the consultant for corrections. The consultant has Contract Amount: $466,940 Torre submitted a proposal for additional scope of work; we are currently reviewing their Account No. 210-165-602-58XX proposal. CITY OF TEMECULA PAGE 4 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) Main Street Bridge Over Murrieta Creek This project will replace the existing Main Street Bridge over Murrieta Creek. Design (Replacement) consultant Simon Wong Engineering (SWE) and the City are continuing to pursue Consultant: Simon Wong Engineering environmental permitting and coordination issues associated with pursuing the bridge Contract amount: $317,719 Amendment No 1: Contract term extension Jon Salazar/ ° 87% (Phases I ° replacement as a project separate from the Army Corps of Engineer's Murrieta Creek PW03-05 I . Amendment No 2: Contract term extension Amer Attar 92(6109) & II) - 96% Improvement project. Comments on the environmental technical reports were received Amendment No. 3: $322,305 (Phase3) from Caltrans on 4/28/09, and are being addressed by the consultant. Resubmittal of Amendment No. 4: $24,063 (RCWD waterline) technical reports to Caltrans anticipated the week of 5/18/09. The 100% PS&E package was received from the design consultant on 2/17/09, and is under review by staff. Account No. 210-165-743-58XX Pedestrian/Bicycle Bridge Over Santa Gertrudis This project includes the construction of an approx. 150' ped/bike bridge over Santa Creek Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a Consultant: Nolte Associates Jon Salazar/ NEPA document. The approved Preliminary Environmental Study (PES) form was PW05-11 I ContractAmount: $132,807 Amer Attar 85%(6109) 70% received from Caltrans on 12/03/08; submission of technical reports to Caltrans is Account No. 210-165-738-58XX anticipated the week of 5/11/09. 100% design plans were received from the design consultant on 2/23/09 and are under staff review. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new Consultant: TYLIN International William bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension PW06-04 I Contract Amt: $378,776.20 BecerratAvlin 50% 60% of Pujol Street to the new structure. Once constructed, this will serve as the southerly Amendment 2 Amt: $244,824.80 Odviar connection of the Western Bypass Corridor. Design is underway. Geotechnical Account No. 210-165-660-58XX investigations have been initiated and 30% of the design is complete. Redhawk Park Improvements This project will add amenities to four park sites in the Redhawk area. Due to budgetary Consultant: RJM Design Group, Inc. Kendra constraints, the construction was divided into phases over a number of years. At the Contract Amount: $164,574 Hannah- ° ° December 11, 2007 meeting, the City Council approved an agreement with RJM for the PW06-06 I Meistrell! 95 I° (06109) 80 f° construction drawings of the chosen amenities, which include a half court basketball court, Account No. 210-190-144-58XX Avlin Odviar ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and shade structure at Sunset Park. The preparation of the construction drawings continues. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The 70% design drawings are being returned to AAE for Bill McAteer! revision and resubmittal. The WQMP for this project is being reviewed and may change PW06-09 I Design Develo mentAAE, Inc. Contract amount $109,085 David McBride 75% 75% the configuration of the detention basins. This project is currently on hold. Amendment #1 $20,500 Account No. 210-165-747-58XX Pechanga Pkwy-Dual Right Turn Lanes from This project includes the design and construction of two right-turn lanes on eastbound Temecula Parkway (R79S) Temecula Pkwy to southbound Pechanga Pkwy. The project includes the widening of Consultant: Cozad & Fox Temecula Pkwy at Pechanga Pkwy & relocation of traffic signal poles. 100% design plans Contract Amount: $29,010 Mayra De La are complete. The Pechanga Pkwy St Improvements' contractor will be providing a PW06-11 I Account No. 210-165-63 7-58XX Torre % proposal to perform this work as a change order to their contract. The City is in the process of purchasing the required right of way. The City Council adopted a Resolution of Necessity to acquire the property at their 11/25/08 meeting. Once the needed right of way is acquired, construction will be scheduled. CITY OF TEMECULA PAGE 5 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) Santiago Detention Basin This project includes the design and construction of a detention basin. The proposed Consultant: Kimsey Horn detention basin (1 acre in size) is located on the south side of Santiago Road between Contract Amount: $65,250 Mayra De La Vallejo Avenue and Orsmby Road. 100% design plans and specifications are 99% PW06-12 I Torre 95% 95% complete. The environmental reports are in the process of being updated. Upon Account No. 210-165-666-58XX completion of the plans and specs, the bid documents will be finalized and the project will go out to bid. documents. Winchester Road / State Route 79 North - North This federally funded project will design and construct landscaping and irrigation Corridor Beautification enhancements to the existing raised medians along Winchester Road between Ynez Consultant: RBF Road and the easterly City limits. The 100% design package has been reviewed and upon PW06-15 I Agreement Amount: $ 179,916.00 ' David McBride 99% 99% completion of these revisions it will be submitted to Caltrans for construction authorization. Approved EWA s: $ 6,000 Due to funding obligations the construction phase of the project cannot begin until the next Account No. 210-165-638 fiscal year. French Valley Parkway I Interstate 15 over-Crossing A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over and Interchange Improvements- Phase 1 (PS&E) Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Consultant: Moffatt & Nichol Phase 1. City continued the design work. Status is as follows: Amend. No. 1: $ 507,881.00 4: $ . 8 .00 No. > PS&E - City is preparing 95% Plans, Specifications, and Estimate. $1,,087087,,33 8: 00 .00 Amend. No. > Right of Way Establishing limits of dedication. Discussions are continuing with owners Notes: William of affected parcels within Phase 1 work. PW07-04 I > Amend. Nos. 1, 4, & 8 amend original agreement ABn OdvJ rJ 60%(05110) 61% > Declaration of Units - Caltrans Approved Metric Exception for this phase. under PW02-11. Amer Attar Attaar > Utilities - Pothole of existing utilities within APE are complete. > Amendment amounts represent portion > Conceptual Landscape/Aesthetics -Concept was selected, with Murrieta, Caltrans, and appropriated for Pw07-04. IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. Account No. 210-165-719-58XX Other: > Maintenance Agreement - City preparing exhibit for first draft. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium Consultant: WLC Architects adjacent the Boys & Girls Club on Pujol Street. WLC is still working on design scenarios Contract Amount: $307,390.00 with Boys and Girls Club Staff. The land is to be utilized as staging area for the Murrieta PW07- 05CSD I I Account No. 210-190-186 Bill McAteer! David McBride 70% (12709} 5% Creek Improvements project and it will need to be acquired from Riverside County Flood Control (RCFC) for the current design. The land will not be available until the Creek project is completed. A conceptual design committee meeting was held on January 27, 2009. Pavement Management Program Update This project will update the City's Pavement Management Program (PMP) for the years Consultant: Wlldan 2008-2013. The 90% PMP report has been submitted and is being reviewed by staff. Agreement Amount: $ 66,915 PW07-11 I David McBride 100% 79% Account Nos.: 001-164-601-5248 210-165-655-58XX Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing Consultant: David Evans &Associates (DEA) Kendra the street and minor storm drain improvements on the unimproved portions of certain Contract Amount: $120,900.00 Hannah- streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement PW08-06 I I Account No. 210-165-502-58XX Meistrell 1 Avlin Odvi Odviar f 50%(08109) 25% for the street improvement design with David Evans and Associates at the 10/28/08 City Amer Attar Council Meeting. The kick off meeting for the design of the street improvements was held on 12/17/08. Consultant is preparing 60% plans and estimate. CITY OF TEMECULA PAGE 6 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID ($j bid date) Library Additional Parking This project will provide 70-100 parking stalls on the graded City property about 1200 feet Consultant: Hall & Foreman west of the existing library as an overflow parking lot. Hall & Foreman is doing the design Purchase Authorization Amount: $66,885 (Annual On of the parking lot under the annual agreement they have with the City. The design kick off PW08-07 I -call) Purchase Authorization Amount: $2,200 Amer Attar 15%(03109) 0% meeting was held on 11/12/08. Surveying and geotechnical investigations are complete. The consultant provided the City with three preliminary alternative layouts. Staff is also Account No. 210-165-508-58XX looking at the option of extending the existing parking lot. The design for this project has been suspended. Roripaugh Ranch Street Improvements- Phase I Phase I include the construction of Butterfield Stage Road from Murrieta Hot springs Road Construction of Butterfield Stage Road to Calle Chapos /South Loop Road and getting the Fire Station functional. Currently, staff PW09-02 I Consultant: David Evans &Associates (DEA) Mayra De Torre/Amer o% o% is working on the Bid Package and well as RAN issues with 3 property owners within Contract Amount: Attar r Phase I. Work to be done by the design consultant is on hold until the Roripaugh Ranch CFD No. 03-02 liens are resolved and a settlement is reached. Account No. 210-165-723-58XX PROJECTS BEING DESIGNED BY STAFF Long Canyon Detention Basin - Access Road Plans and specifications are 90% complete. City is seeking FEMA funds to remove PW04-07 I 0% NIA excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. Street Striping Program FY 2009-10 Chris White i This annual program will stripe various locations around the City. Approval of the plans & PW09-04 I Contractor: Mayra De La 0% 0% specifications and authorization to solicit bids for the project is scheduled for the May 12, Contract Amount: Torre 2009, Council meeting. Bid opening is scheduled for May 26, 2009. PROJECTS IN THE PLANNING STAGE 1-151 SR 79S Ultimate Interchange This project will modify the 1-15/ SR 79 South Interchange to accommodate projected Project Report (PR) future traffic. City continued development of design geometrics, technical studies, and Consultant: RBF Consulting reports. Status of outstanding items are as follows: Contract Amount: $ 325,944.00 Amendment No. 1: 98,196.00 Extra Work Auth. No. 1: 13,426.00 > Project Report -Under Caltrans review. PW04-08 I Extra Work Auth. No. 2: 17,732.00 Avlin Odviarf 95%(05109) 95% > Supplemental Fact Sheet - Under Caltrans review. (Extra Work Auth. No. 3: 18,428.00) Amer Attar > Modified Access Report - FHWA Determination of Acceptability, approved July 2007. (Extra Work Auth. No. 4: 5,032.00) Final approval pending approval of the Final Environmental Document. (Extra Work Auth. No. 5: 21,240.00) > Geometric Approval Drawings - Under Caltrans review. Note: EWA No. 3, 4, and 5 will be paid with unused > Final Environmental Document - Awaiting approval of Project Report. portion of Amend No. 1. > Life Cycle Cost Analysis - Under Caltrans review. Account No. 210-1654-662-58XX CITY OF TEMECULA PAGE 7 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME PROJECT PROJECT NAME, DESCRIPTION, PROJECT COMPLETE NO PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! CONTRACT CURRENT STATUS & PROGRESS PAID ($j bid date) French Valley Parkway / Interstate 15 Over-Crossing This project will construct an interchange between Winchester Road Interchange and the I and Interchange Improvements (PA & ED) -15/1-215 split. City continued development of the Project Report and Environmental Consultant: Moffatt & Nichol Document. Status is as follows: Agreement Amount: $1,091,693.00 Amend. No. 1: 202,652.40- Amend. No. 2: 21 21,63030.000 > Draft Project Report - Approved June 2006. CCO No. 1: 25,000.00 > Project Report - Final preparation pending approval of Environmental Doc. CCO No. 2: 8,000.00 > Draft Environmental Document - Public circulation/review 04/22/09 - 05/22/09. CCO No. 3: 18,008.00 > New Connection Report (NCR) - Letter of Acceptability received in July 2008. CCO No. 4: 11,320.00 > Traffic Operations Analysis - Approved 02/05/08. CCO No. 5: 37,645.00 > Exception to 20-yr Traffic Design - Approved 12/17/07. Amend. No. 3: 283,982.52 > Stormwater Data Report - City revising per Caltrans comments. Amend. No. 4: See PW004 00.. . 5: 1 69 , 00 00 No. > Mandator Design Exceptions roved 07/18/06. 6: 1 10 , 91 7 .00 Amend. No. William > Advisory Design Exceptions - Approved 07/18/06. PW02-11 I Amend. No. 7: 14,573.36 Becerr 90%(11109) 88% > Exception to Ramp Metering Policy - Approved 07/05/06. Amend. No. 8 See PW07-04 l Amer mer Odv Attar Attar > Geometric Approval Drawings - Approved 07/18/06. Amend. No. 9 100,000.00 > Revised Geometric Approval Drawings -Approved 01/11108. Notes: > Storm Drain Study- Approved 03/21/08. > Amend. No.1 also applies to PuV07-04. See PVV07 ' > Floodplain and Scour Analysis Report - Approved Oct 2008. i apportionment. -04 for add Account No. 210-165-677-58XX Other: > Declaration of Units - Request for Metric Exception denied by Caltrans. > Freeway Agreements - Execution pending approval of the Project Report. > Risk Management Plan - Updating as necessary. > Project Charter - 1 st draft is under Caltrans review. > Maintenance Agreement - Preparing 1st submittal for Caltrans review. > Financial Plan - Updating as necessary. Temecula Creek Crossing - Access to Highway 79 The project consists of performing an alignment study to set a specific horizontal and South (Temecula Parkway) vertical alignment for an extension of Avenida de Missions southerly to gain vehicular Bridge Alignment Study- Avenida de Missions over Kendra access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final PW08-03 I I Temecula Creek Consultant: Nolte Associates, Inc. Hannah- Meistrelll Avlin 10010 100% engineering report is complete. Project is pending allocation of funds for design. Contract Amount: $87,923.00 Odviar Account No. 210-165-677-58XX Santa Gertrudis Creek Pedestrian/Bicycle Trail The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Extension and Interconnect Kendra Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at Alignment Study, Design & Environmental Clearance Hannah- Diaz Road. The City Council approved an agreement with Hall & Foreman at the 11/25/08 PW08-04 11 Consultant: Hall & Foreman, Inc. Meistrell 1 30%(07109) 15% meeting. The kick off meeting was held on 01/08/09. The alignment study has been Contract Amount: $246,865.00 Avlin Odviar completed. Extension of time for the Bicycle Transportation Account funds was approved Account No. 210-165-739-68XX 05/01/09. Alignment is being selected and design will begin mid-May. CITY OF TEMECULA PAGE 8 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID bid date) PROJECTS WAITING IN THE WINGS Butterfield Stage Road - Roripaugh CFD This includes planning for the construction of the City Council approved Roripaugh Ranch Mayra De La CFD No. 03-02 Street Improvements. Regulatory agencies are on board with City III Torre/ Amer ) NIA proceeding with specific road improvements. The research for (a) dry utility designs, (b) Attar plan status and (c) Pay requests review is on-going. City Attorney is working on lien/settlement analysis. Branched out "Phase I" of this project to PW09-02. PW00-29 11 Citywide Master Drainage Plan % ( ) Postponed. Multi-Trails System- Margarita Road Under Crossing This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek Consultant: LAN Engineering under Margarita Road. Data regarding existing utilities are being incorporated into the PW04-13 I Contract Amount: $114,426.00 William 100% 100% design. RCFC has provided an Encroachment Permit. Plans & Specs are complete. This Becerra project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06. Sam Hicks Monument Park Playground Replacement This project will replace the playground at Sam Hicks Monument Park to comply with new PW06-16 0% NIA standards. The funding for this project is through Community Development Block Grant. Funding for this project has been reallocated to a future fiscal year. Auxiliary Lanes on 1-15 in Temecula A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off-ramps on 1-15 in Temecula to improve the freeway operation. An RFP to PW06-17 I Amer Attar conduct the study was published on the City's website on 02/14/07. Proposals were received on 03/16/07. The City reviewed the proposals and selected a consultant. Due to funding constraints, this project is being delayed until Fiscal Year 2009/ 2010. RIGHT OF WAY RELATED PROJECTS French Valley Parkway/ 1-15 Overcrossing and William The review appraisal is complete. Caltrans has approved the appraisals. The City Council PW02-11 I Interchange, Project Report (PR) Becerrai Amer NIA NIA is scheduled to review this matter in Closed Session on May 26, 2009. Attar Butterfield Stage Road - Roripaugh CFD Met with all but three property owners to discuss their property concerns. Prepared a Project Description: Research to create a bid Mayra De La matrix addressing owner issues/concerns to present to City staff. Work to clear all issues CFD 03-02 package (i.e., Plans and Specs) to construct specific Torre/Amer related to the properties within Phase 1 of the project continues. improvements (BSR, MHSR, fire station, etc.) Attar Contractor: N/A; Contract: N/A Diaz Realignment A71 required right-of-way documents have been recorded with the County; consultant PW 95-27 1 Jon arl surveyor is in the process of recording the Record of Survey, which will complete the Amerr Attar process. Pechanga Parkway (right turn lanes) Purchase & Sale Agreement was sent to the property owner. He has not accepted the City's offer. City Council adopted the Resolution of Necessity at the 11/25/08 meeting. A PW 06-11 Amer Attar check was prepared for court deposit to file eminent domain lawsuit. Lawsuit was filed in mid February. The property owner has just presented the City with a counter offer. The City responded to the counter offer and awaiting the owner's response. CITY OF TEMECULA PAGE 9 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID ($j bid date) Pechanga Parkway (mitigation land) Purchase & Sale Agreement was sent to the property owner. He has not accepted the City's offer. City Council has adopted the Resolution of Necessity at the 11/25/08 meeting. PW 99-11 Amer Attar A check was prepared for court deposit for eminent domain lawsuit. Lawsuit was filed in mid February. The property owner has just presented the City with a counter offer. The City responded to the counter offer and awaiting the owner's response. Surplus Land : Diaz Road Realignment Staff met with Outdoor Channel. City Council approved the counter offer. Purchase and Sale Agreement was prepared by City and it was presented to the buyer. The agreement Amer Attar has been agreed upon by the City and the buyer. It will be given to the buyer, along with the new exhibit for signature. Once signed , it will be taken to the City Council for approval of the sale. Riverside County Flood Control Parcels-Old Town Staff received Purchase Agreements from RCFC to purchase portions of six parcels. City met with Flood Control in January and asked for updated values. RCFC will revise their Beryl offers based on current sales comps. Staff is also working with RCFC to finalize the Yasinoskyt Amer Attar Purchase & Sale Agreement. RCFC requested that the City quitclaim a channel easement for another parcel (APN 922-035-024) and for City to accept the Declaration of Dedication. This matter was approved by the City Council at the 2/24/09 meeting. Santa Gertrudis Ped. Bridge The City Council approved the Purchase and Sale Agreement with Rancho California Water District (RCWD) at the 10/14/08 meeting. Escrow has been opened. We received PW07-05 Amer Attar the estimated settlement statement from escrow on 12/2/08. Escrow has closed and the City received the Final Settlement Statement. PW06-12 Santiago Detention Basin Amer Attar Appraisal is ready to be finalized but has been put on hold. Murrieta Creek Bridge and Overland Drive Extension To initiate this right of way work, seven title reports were ordered on 12/2/08. Consultant Is in the process of preparing Iegals/plats. Staff provided estimates for doing the appraisals PW00-26 Amer Attar of the affected properties to the Director of Public Works. Once these estimates are approved, the appraisal process can proceed. Policy re: Site Assessments Amer Attar Editing Site Assessment policy Miscellaneous Right of Way Related Items Amer Attar On-going review of Caltrans procedures; working on draft of Relocation handout required by law Western Bypass Bridge Over Murrieta Creek Will Becerraf City needs to accept the Offer of Dedication that was not accepted by County on Parcel PW06-04 I Beryl Map PM 8248, which was recorded on 2/15/1977. Up to Twelve Iegals and plats will be Yasinoskyl prepared by the consultant. Once Iegals/plats are received, the City will obtain appraisals. Amer Attar SPECIAL AND MISCELLANEOUS PROJECTS Roripaugh Ranch CFD Staff reviewed the submitted Reimbursement Request for the two bridges. Comments CFD 03-02 Annie t NIA were provided to Ashby USA representatives. Meetings are being held with the developer Lei Ameer r Attar seeking these reimbursements to finalize the numbers CFD 01-02 Harveston CFD Amer Attar NIA No activities during the last period CFD 03-06 Harveston CFD Amer Attar NIA NIA No activities during the last period. CITY OF TEMECULA PAGE 10 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID ($j bid date) CFD 03-01 Crown Hill CFD Amer Attar NIA N/A During the last period, the developer submitted reimbursement request for the retention. Wolf Creek CFD Met with Tony Louka, Caltrans Environmental Engineering, Adam Smith, Standard Pacific, along with Matt Peters (city Planner) and Steve Beswick (Pechanga Parkway Project Manager). The meeting was to review the walls along the Wolf Creek Development. Standard Pacific is to raise them to 8'. To satisfy the Federal requirements, Caltrans will need a letter from the City for some of the open area that provide access from the trail to CFD 03-03 Amer Attar N/A NIA the development. Standard Pacific is to survey adjacent property owners to see if they are OK with the openings or if they want these openings closed. The City's letter would notify Caltrans with the results and what action the City would take based on these results. A letter from the City to Standard Pacific detailing the wall requirements was sent on 01/06/09. CFD 02-08 Serena Hills CFD Amer Attar NIA NIA No activities during the last period. Quarterly Review- Tracking, preparing, and Various Projects. Various I processing Federal, State and TUMF Funds Julie Dauer On-going NIA Reimbursements Contract Administration On-going review of CIP project contracts, amendments, extra work authorizations & Various I Julie Dauer On-going N/A change orders and maintaining budget accounts. Providing assistance to staff in processing invoices for all CIP division projects. Murrieta Creek Multi Purpose Trail Project is currently in construction phase. Continue to process reimbursement requests for PW01-27 I Julie Dauer NIA NIA Caltrans submittal and approval. Surface Transportation Program (STP) - De Portola Contract has been awarded. Federal funding reimbursement requests will be submitted to PW06-10 I Road Pavement Rehabilitation Julie Dauer NIA NIA Caltrans as project progresses. $458,990 STP funds Highway Bridge Replacement & Rehabilitation New PES form updated and submitted to Caltrans, Environmental Division to obtain PW03-05 I Program (HBRR) - Main Street Bridge Julie Dauer NJA NIA environmental clearances & approval to proceed with final design processes. Total HBRR funds $3,920,000. SR2S- Safe Routes to School Program - Ped/Bicycle Received December 2, 2008 the approval of our PES document. Prior to obtaining the Bridge over Santa Gertrudis Creek to Chaparral Hig Categorical Exclusion we shall provide Caltrans various technical studies. SR2S funding PWOS-11 I Julie Dauer NIA NIA has been awarded in the amount of $425,520. In addition to SR2S funding we have been awarded $132,000 in SB821 funding. Transportation Uniform Mitigation Fee (TUMF) Quarter Ended 12/31/08- TUMF reimbursement requests to be prepared for submittal to WRCOG & RCTC. Meeting with WRCOG to clear up outstanding progress billings and Various I Julie Dauer N/A NIA review of processes for future reimbursement requests. Letter to follow from City to WRCOG in summary of meeting minutes. TE - Transportation Enhancement Program funding is scheduled for FY2009-2010. Environmental clearance has been Winchester Road/State Route 79 North Corridor approved and project is slated for construction in the next fiscal year. Currently in process PW06-15 I Beautification Projec Julie Dauer NIA NIA of preparing our 'Request for Allocation' through the CTC and also our RFA package to Caltrans for 'Authorization to Proceed with Construction'. Total funds awarded per TE Funding adjustments $1,133,000. CITY OF TEMECULA PAGE 11 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) Pechanga Parkway Phase II Street Improvements- Continue to review construction expenditures forfederal reimbursement of PLH funds. PW99-11 Public Land & Highways Funded Julie Dauer NIA N/A Prepare and submit reimbursement requests to Caltrans, Sacramento. Total PLH funding (Phase II) is $4,000,000. Various I Bond Releases Julie Dauer NIA NIA Continued review of CIP project bonds scheduled for release. 2006107 Bicycle Transportation Account Resolution approved by City Council for the Cooperative Work Agreement (CWA). The BTA Funds CWA will extend the terms of the original agreement to allow for the continuation of project PW08-04 I Santa Gertrudis Creek Bicycle Trail Extension and Julie Dauer NIA NIA implementation and the award of a consultant agreement for this project. 2006/07 BTA Interconnect funds approved for the planning & preliminary engineering and total award of $395,000. CWA is anticipated to be approved in April 2009. Standardize the format of the Specifications for all Specifications library is continuously being updated and amended. The boiler-plate section projects is also being reviewed and updated. Federal Specifications were updated and David McBride On-going NIA standardized for De-Portola and Rancho California Road. All specifications were updated to 2009. Circulation Element Implement Plan This Project is to identify all future projects necessary so that the current Circulation Element of the General Plan is fully implemented. Data entry into the database is complete. The tasks of field verification, cost estimates preparation, and aerial mapping I Amer Attar NIA NIA have all been completed. The information gathering and the reporting stage of this project is complete. GIP staff will work with GIS to automate the availability and the update of the information. Update Plans to Reflect As-Built Conditions for All City receives blue prints from many contractors marked with As-Built conditions for various Recent Projects projects. Some of these As-Built conditions have never been transferred to the project On-going NIA mylars. As-Built plans will be created for all recent projects, if it was not done at the time of submission. Consultant Selection An Access database was created for our Consultant Selection List. Information is Various I On-going N/A available on the City's web-site on how to be placed on the list and responses are being entered into the computer as they are received. Pavement Rehabilitation - Rancho California Road Caltrans, Local Assistance approved the construction phase of work. STPL funding of PW06-14 I (STPL) Julie Dauer NIA NIA $2,958,000. Project is currently out to bid. Bid Opening is scheduled for January 29, 2009. Pavement Rehabilitation of Rancho California Road from Ynez Road to Butterfield Stage Road Citywide Traffic Light Synchronization System City has been awarded $515,000 in Traffic Light Synchronization Program (TLSP) TBD I Purchase, install & implement an adaptive traffic Julie Dauer NIA NIA funding. Disbursements for these programs have currently been suspended. signal synchronization system along six corridors within the City. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report April / May 2009 Prepared by: Amer Attar Submitted by: Greg Butler Date: 5/26/2009 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking - estimated start in June of 2009. A fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) - Rough Grading This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Murrieta Creek Multi Purpose Trail This project will build equestrian, pedestrian and bike trails between Murrieta Creek and Diaz Road from Rancho California Road to Winchester Road. Contract work is complete. The project is in the 90-day maintenance period effective 4/1/09 ongoing through June 2009. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project involves construction of the Town Square and street improvements on Mercedes & Main Streets. The project was awarded on March 18, 2008. All storm drain, sewer, and water improvements are complete and all the roadways are paved. Work is ongoing in the Town Square. The redesigned fountain is being constructed. The granite tiles are being installed in the fountain and the bowl is scheduled for delivery the week of May 18th. Delays in delivery of specialty items for the fountain will extend the completion date until June 2009. Old Town Infrastructure Projects - Underground Utility District This project undergrounded all overhead utility lines along Main Street from Mercedes to Front and Mercedes between 2nd and 6th streets. Project was awarded on 3/18/08. Work under this project is complete and a Notice of Completion was approved on 2/10/09. Citywide Slurry Seal Project FY 2007-2008 This project will slurry seal streets mainly in the Paloma del Sol area. Construction is essentially complete. Minor punchlist items are being addressed. Estimated completion is 09/15/08. Roller Hockey Rink Dasher Board System This project will replace the boards at the existing Roller Hockey Rink. This project is 100% complete. The Board of Directors acceped the project on 11/25/08. The Notice of Completion has been filed. Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits @ Pechanga Road. This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The contractor completed the base paving for the entire project and all median curbs have been installed. Capping the pavement is scheduled to begin on May 29th. Construction work yet to be done include pavement cap, striping, traffic loops, landscaping and irrigation, and utilities. Completion of the project is scheduled for the end of June 2009. Old Town Infrastructure Projects - Parking Structure & Office/Retail Frontage This project includes the site grading and retaining walls for the Civic Center & the Parking Structure site as well as construction of a parking structure, including office frontage shell space. The grading for the Civic Center Pad is 100% complete and was turned over to the Civic Center Contractor on 4/8/09. The site perimeter retaining walls on the North end and along 1-15 along the Civic Center site are complete. The storm drain has been relocated. The third elevated slab concrete placement has been completed and the exterior walls and columns are now visible above Mercedes Street. The excavation of the Parking Structure retaining wall footings is in progress. 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 requirements of RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration Agreement, and Nationwide Permits have been acquired. Bids were opened on 08/26/08 and will be awarded pending confirmation of FEMA reimbursement funding. Old Town Civic Center This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Site storm drain is complete as well as the fire loop. Electrical underground has begun. RFI and Submittal processing is ongoing and structural steel is in fabricaton. Temecula Community Center Expansion Work began on January 13, 2009. The building is currently being framed. The anticipated completion date of the project is October 2009. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to Margarita Rd. This is a federally funded project. Construction began the week of 3/16/09 with potholing for underground storm drain work, which revealed conflicts with gas and phone lines. Contract work resumed on 4/20/09 after an approx. 3-week delay due to utility conflicts. Storm drain work is nearly complete, roadway work is set to begin on 5/18/09. Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) - STPL Project This project will rehabilitate Rancho California Road from Ynez Road to the City limits on the east. The project was awarded to All American Asphalt on March 24, 2009. Pre-construction meeting was held April 20, 2009. Anticipated start date is May 26, 2009. Traffic Signal Installation - Citywide, Butterfield Stage Rd at Welton St / Channel St This project will install a new traffic signal on Butterfield Stage Road at Welton Street / Channel Street. The bid opening was on 03/17/09. The project was awarded to Christopher R. Morales, Inc. on 04/14/09. Pre-construction meeting was held 05/05/09. Anticipated start date is August 2009. Traffic Signal Installation - Citywide, Meadows Pkwy at McCabe Dr This project will install a new traffic signal on Meadows Parkway at McCabe Drive. The bid opening was on 03/17/09. The project was awarded to Christopher R. Morales, Inc. on 04/14/09. Pre-construction meeting was held 05/05/09. Anticipated start date is August 2009. Localized Storm Drain Improvements This project will replace the failed CMP under Margarita Road, just south of Rancho Vista Road with an RCP. The emergency work commenced on April 29, 2009. It was substantially complete by the end of the week of May 11, 2009 Site Demolition at 41351 Armada Place Project consists of the demolition of 2 houses at the NE corner of Butterfield Stage Road/Rancho California Road. Project was advertised and bids were opened on 1/29/09. Work started 3/30/09. Work on this project is complete and the Notice of Completion is in the process of being filed. Citywide Slurry Seal Project FY08-09 Slurry Seal of local streets within Paloma Del Sol and Temeku Hills. Contract is to be awarded at the May 26th, 2009 Council meeting. PROJECTS BEING ADVERTISED FOR BIDS Citywide Concrete Repairs FY 2008-09 The Citywide Concrete Repairs project is currently being advertised for bid opening on June 2, 2009. PROJECTS IN DESIGN Re-Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1-15 This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79 South) from 1-15 to Pechanga Parkway. The City is working to meet Caltrans requirements to do the striping. Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes the construction of new wetlands for the Wolf Valley Creek Channel Improvements- Stage I. The wetlands will be created through the construction of new landscape and irrigation systems. The site is located along the north bank of Temecula Creek (within flood-plain/way areas). The environmental regulatory agencies have approved this new mitigation area. Mylars are ready for signature. The contract bid document was reviewed and will be revised to incorporate all of the corrections. Offers for purchase of the properties were made. The City Council adopted a Resolution of Necessity to acquire the property at their 11/25/08 meeting. The proposed improvements cannot be implemented until the City obtain possession of the properties. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army Corps of Engineers and the state environmental regulatory agencies is required. The consultant submitted 90% design plans to the City. The plans were sent to internal reviewers and Utility Companies for comments. 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 project separate from the Army Corps of Engineer's Murrieta Creek Improvement project. Comments on the environmental technical reports were received from Caltrans on 4/28/09, and are being addressed by the consultant. Resubmittal of technical reports to Caltrans anticipated the week of 5/18/09. The 100% PS&E package was received from the design consultant on 2/17/09, and is under review by staff. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. The approved Preliminary Environmental Study (PES) form was received from Caltrans on 12/03/08, submission of technical reports to Caltrans is anticipated the week of 5/11/09. 100% design plans were received from the design consultant on 2/23/09 and are under staff review. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Design is underway. Geotechnical investigations have been initiated and 30% of the design is complete. Redhawk Park Improvements This project will add amenities to four park sites in the Redhawk area. Due to budgetary constraints, the construction was divided into phases over a number of years. At the December 11, 2007 meeting, the City Council approved an agreement with RJM for the construction drawings of the chosen amenities, which include a half court basketball court, ADA accessible parking, and dog park at Redhawk Community Park, a seatwall and shade structure at Sunset Park. The preparation of the construction drawings continues. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The 70% design drawings are being returned to AAE for revision and resubmittal. The WQMP for this project is being reviewed and may change the configuration of the detention basins. This project is currently on hold. Pechanga Pkwy-Dual Right Turn Lanes from Temecula Parkway (R79S) This project includes the design and construction of two right-turn lanes on eastbound Temecula Pkwy to southbound Pechanga Pkwy. The project includes the widening of Temecula Pkwy at Pechanga Pkwy & relocation of traffic signal poles. 100% design plans are complete. The City is in the process of purchasing the required right of way. The City Council adopted a Resolution of Necessity to acquire the property at their 11/25/08 meeting. Once the needed right of way is acquired, construction will be scheduled. Santiago Detention Basin This project includes the design and construction of a detention basin. The proposed detention basin (1 acre in size) is located on the south side of Santiago Road between Vallejo Avenue and Orsmby Road. 100% design plans and specifications are 99% complete. The environmental reports are in the process of being updated. Upon completion of the plans and specs, the bid documents will be finalized and the project will go out to bid. documents. Winchester Road / State Route 79 North - 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 limits. The 100% design package has been reviewed and upon completion of these revisions it will be submitted to Caltrans for construction authorization. Due to funding obligations the construction phase of the project cannot begin until the next fiscal year. French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements - Phase 1 (PS&E) A southbound off-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. City continued the design work. Status is as follows: > PS&E - City is preparing 95% Plans, Specifications, and Estimate. > Right of Way - Establishing limits of dedication. Discussions are continuing with owners of affected parcels within Phase 1 work. > Declaration of Units - Caltrans Approved Metric Exception for this phase. > Utilities - Pothole of existing utilities within APE are complete. > Conceptual Landscape/Aesthetics - Concept was selected, with Murrieta, Caltrans, and IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. Other: > Maintenance Agreement - City preparing exhibit for first draft. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. WLC is still working on design scenarios with Boys and Girls Club Staff. The land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be acquired from Riverside County Flood Control (RCFC) for the current design. The land will not be available until the Creek project is completed. A conceptual design committee meeting was held on January 27, 2009. Pavement Management Program Update This project will update the City's Pavement Management Program (PMP) for the years 2008-2013. The 90% PIMP report has been submitted and is being reviewed by staff. Long Canyon Detention Basin - Access Road 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. Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement for the street improvement design with David Evans and Associates at the 10/28/08 City Council Meeting. The kick off meeting for the design of the street improvements was held on 12/17/08. Consultant is preparing 60% plans and estimate. Library Additional Parking This project will provide 70-100 parking stalls on the graded City property about 1200 feet west of the existing library as an over flow parking lot. Hall & Foreman is doing the design of the parking lot under the annual agreement they have with the City. The design kick off meeting was held on 11/12/08. Surveying and geotechnical investigations are complete. The consultant provided the City with three preliminary alternative layouts. Staff is also looking at the option of extending the existing parking lot. The design for this project has been suspended. Roripaugh Ranch Street Improvements - Phase I Phase I include the construction of Butterfield Stage Road from Murrieta Hot springs Road to Calle Chapos / South Loop Road and getting the Fire Station functional. Currently, staff is working on the Bid Package. Work to be done by the design consultant is on hold until the Roripaugh Ranch CFD No. 03-02 liens are resolved and a settlement is reached. Street Striping Program FY 2009-10 This annual program will stripe various locations around the City. Approval of the plans & specifications and authorization to solicit bids for the project is scheduled for the May 12, 2009, Council meeting. Bid opening is scheduled for May 26, 2009. PROJECTS IN THE PLANNING STAGE 1-15 / SR 79S Ultimate Interchange This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. City continued development of design geometrics, technical studies, and reports. Status of outstanding items are as follows: > Project Report - Under Caltrans review. > Supplemental Fact Sheet - Under Caltrans review. > Modified Access Report - FHWA Determination of Acceptability, approved July 2007. Final approval pending approval of the Final Environmental Document. > Geometric Approval Drawings - Under Caltrans review. > Final Environmental Document - Awaiting approval of Project Report. > Life Cycle Cost Analysis - Under Caltrans review. French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements (PA & ED) This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. City continued development of the Project Report and Environmental Document. Status is as follows: > Draft Project Report - Approved June 2006. > Project Report - Final preparation pending approval of Environmental Doc. > Draft Environmental Document - Public circulation/review 04/22/09 - 05/22/09. > New Connection Report (NCR) - Letter of Acceptability received in July 2008. > Traffic Operations Analysis - Approved 02/05/08. > Exception to 20-yr Traffic Design - Approved 12/17/07. > Stormwater Data Report - City revising per Caltrans comments. > 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. > Revised Geometric Approval Drawings - Approved 01/11/08. > Storm Drain Study - Approved 03/21/08. > Floodplain and Scour Analysis Report - Approved Oct 2008. Other: > Declaration of Units - Request for Metric Exception denied by Caltrans. > Freeway Agreements - Execution pending approval of the Project Report. > Risk Management Plan - Updating as necessary. > Project Charter - 1st draft is under Caltrans review. > Maintenance Agreement - Preparing 1st submittal for Caltrans review. > Financial Plan - Updating as necessary. Temecula Creek Crossing - Access to Highway 79 South (Temecula Parkway) The project consists of performing an alignment study to set a specific horizontal and vertical alignment for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final engineering report is complete. Project is pending allocation of funds for design. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at Diaz Road. The City Council approved an agreement with Hall & Foreman at the 11/25/08 meeting. The kick off meeting was held on 01/08/09. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved 05/01/09. Alignment is being selected and design will begin mid-May. 10