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Home My WebLink About092298 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 (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 22, 1998 - 7:00 P.M. 5:30 P.M. - Closed Session of the City Council pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at 42049 Main Street, Temecula (APN 922-036-020), 28545 Front Street |APN 922-035-001), 28677 Front Street (APN 922-045-017), 28735 Pujol Street (APN 922-062-019), 28731 Pujol Street (APN 922-062-O16), 28725 Pujol Street (APN 922-062-010), 42291 Sixth street (APN 922-052-011), no situs (APN 922-053-080), 41830 Sixth Street (APN 922-031-018), 41858 Fifth Street (APN 922-031-009), 41843 Fifth Street (APN 922-022-010). The negotiating parties are the City of Temeculalparcels of Redevelopment Agency of the City of Temecula and Lorraine Clark., I. add Penfold, Ladanyi Rutner, Corbin, Ciais, Otto lot, Pelonero, Valencia, and Eppenger. Under negotiation is the price and terms of payment of the real property interests proposed to be acquired. 2. Conference with real property negotiator pursuant to Government code Section 54956.8 concerning the acquisition of portions of real property located at 27622 and 27628 Jefferson Avenue. The negotiating parties are the City of Temecula and Connie Hill and Dean Hill. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 3. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to three matters of existing litigation involving the City. The following cases will be discussed: 1. Skytee v. City of Temecula; 2. City of Temecula, et al. v. Strachota Insurance Company; and 3. Temecula Redevelopmerit A_clency v. Blind Pi~ Brewery, Inc. et al. Next in Order: Ordinance: No. 98-18 Resolution: No. 98-92 CALL TO ORDER: Mayor Pro Tem Ford Prelude Music: Katie Welsh Invocation: Pastor Stephen Struikmans of Rancho Community Church R:~,genda~092298 Flag Salute: Councilmember Lindemans ROLL CALL: Comerchero, Ford, Lindemans, Stone, Roberts PRESENTATIONS/PROCLAMATIONS Proclamation for Domestic Violence Awareness Week PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, then (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. Standard Ordinance Adoption Procedure RECOMMENDATON: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:%Agenda\092298 2 Resolution Approvin.q List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 4 5 6 Parcel Map No. 28939 (Located at the northeast corner of Winchester Road [State Route 79 North] and Margarita Road) RECOMMENDATION: 3.1 Approve Parcel Map No. 28939 in conformance with the Conditions of Approval. 3.2 Accept the Monumentation Bond as security for the agreements. Release Faithful Performance and Labor and Materials Securities in Tract No. 22915-3 (Located at the southwesterly corner of the Intersection of Rancho Vista Road at Butterfield Stage Road) RECOMMENDATION: 4.1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities in Tract No. 22915-3. 4.2 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 22915-2 (Located at the northwesterly corner of the intersection of Pauba Road at Butterfield Stage Road) RECOMMENDATION: 5.1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities in Tract No. 22915-2. 5.2 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 22916-3 (Located at the northwesterly corner of the intersection of Pauba Road at Butterfield Stage Road) RECOMMENDATION: 6.1 Authorize the release of the Faithful Performance Warranty and Labor and Materials Securities in Tract No. 22916-3. RAAgenda\092298 3 9 10 11 6.2 Direct the City Clerk to so advise the Developer and Surety. Parcel Map No. 28530-2 (Located on the southwest corner of Winchester Road [Highway 79] and Margarita Road) RECOMMENDATION: 7.1 Approve Parcel Map No. 28530-2, in conformance with the Conditions of Approval. Parcel Map No. 26488 (Located on the northeast corner of Walcott Lane and Calle Chapos) RECOMMENDATION: 8.1 Approve Parcel Map No. 26488, in conformance with the Conditions of Approval. Award of Construction Contract for the I-15 Southbound Off-Ramp Widenin.cl at Winchester Road, Project No. PW97-03 RECOMMENDATION: 9.1 Reject the low bid received from SLM Construction with the contractors concurrence based on insufficient evidence to show that SLM Construction has performed similar work on a Federal Highway and release their Bid Bond. 9.2 Award a construction contract for the I-15 southbound Off-Ramp Widening at Winchester Road, Project No. PW97-03 to Riverside Construction Company in the amount of $234,000.00 and authorize the Mayor to execute the contract. 9.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $23,400.00, which is equal to 10% of the contract amount, Margarita Road North of Overland Drive Improvements, Work Authorization A.qreement for the Cost of Installation of 19 Street Li.clhts - Project No. PW97-07 RECOMMENDATION: 10. 1 Approve the Interagency Agreement with Southern California Edison Company (SCE), and authorize the Mayor to execute the documents. 10,2 Authorize payment to SCE for street light installation in the amount of $21,683.48. Mar.qarita Road North of Ovedand Drive Improvements, Work Authorization A.qreement for the Cost to Under.qround Existin.q Facilities, Project No. PW97-07 RECOMMENDATION: 11.1 Approve the Interagency Agreement with Southern California Edison Company (SCE) and authorize the Mayor to execute the documents. R:~genda\092298 4 12 13 14 15 11.2 Authorize payment to SCE for undergrounding an existing overhead electrical system in the amount of $8,002.00. Award of Construction Contract for the Winchester Road Sidewalk Project, Project No, PW97-19 RECOMMENDATION: 12.1 Award a construction contract for the Winchester Road Sidewalk Project to All Concrete Construction in the amount of $66,450.00 and authorize the Mayor to execute the contract. 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,645.00, which is equal to 10% of the contract amount. Professional Services Agreement with Parsons Brinckerhoff Quade & Dou.c:llas, Inc. for the I-15 Southbound Off-Ramp Widenin.cl at Winchester Road, Project No. PW98-07 RECOMMENDATION: 13.1 Approve the Professional Services Agreement between the City of Temecula and Parsons Brinckerhoff Quade & Douglas, Inc. for the design of the I-15 southbound Off-Ramp at Winchester Road, Project No. PW98-07, for $23,626.00 and authorize the Mayor to execute the contract. 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,362.60 which is equal to 10% of the contract amount. Professional Services A.ereement with Parsons Brinckerhoff Quade & Dou.cllas, Inc. for the Southbound Off-Ramp and I-15 Widening north of Rancho California Road, Project No. PW98-08 RECOMMENDATION: 14.1 Approve the Professional Services Agreement between the City of Temecula and Parsons Brinckerhoff Quade & Douglas, Inc. for the design of the southbound Off- Ramp and 1-15 Widening north Rancho California Road, Project No. PW98-08, for $31,618.00 and authorize the Mayor to execute the contract. 14.2 Authorize the City manager to approve change orders not to exceed the contingency amount of $3,161.80 which is equal to 10% of the contract amount. Award of Desjan/Build Consulting Agreement for Old Town Archways and Concrete Inlays - Project No. PW97-05 RECOMMENDATION: 15.1 Award a design/build consulting agreement for the Old Town Gateway Arch Entry Monuments and Steel Inlays to A. J. Frick, Civil Engineer, San Jacinto, California, in the amount of $199,500.00 and authorize the Mayor to execute the contract. R:~,genda\092298 5 16 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $19,950.00, which is equal to 10% of the recommended contract amount. Acquisition of Property for Old Town Community Facilities - 42049 Main Street ('APN 922- 036-020) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND LORRAINE CLARK (TEMECULA MERCANTILE BUILDING) 16.2 Authorize the use of unreserved General Fund balance in an amount not to exceed $543,000 for acquisition, soil testing, escrow and closing costs. 17 Second Readinq of Ordinance No. 98-17 RECOMMENDATION: 17.1 Adopt an ordinance entitled: ORDINANCE NO. 98-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING PORTIONS OF THE CITY'S DEVELOPMENT CODE PERTAINING TO LANDSCAPE REQUIREMENTS FOR AUTOMOBILE, MOTORCYCLE, AND TRUCK DEALERSHIPS RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:~,genda~092298 6 TEMECULA COMMUNITY SERVICES DISTRICTS MEETING Next in Order: Ordinance: No. CSD 98-01 Resolution: No. CSD 98-17 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Comerchero, Ford, Lindemans, Roberts, Stone 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. VVhen you are called to speak, please come forward and state Vour name and address for the record. CONSENT CALENDAR Accept Substitute Landscape Bonds in Tract No. 23143-1 (Crowne Hill Development - southeasterly of the intersection of Pauba Road at Butterfield Stage Road) RECOMMENDATION: 1.1 Accept the substitute landscape bonds from Crowne Meadows, L.L.P. for Tract No. 23143-1; 1.2 Authorize the release of the landscape bonds from Taylor Woodrow on file for Tract No. 23143-1; 1.3 Direct the Secretary/City Clerk to notify the Developer and the Surety. R:V~genda\092298 7 PUBLIC HEARINGS Any person may submit written comments to the Board of Directors 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 Secretary/City Clerk at, or prior to, the public hearing. 2 Environmental Assessment No. 41 Revised (EA41-Revised) Temecula Duck Pond Master Plan Subsequent Ne.clative Declaration RECOMMENDATION: 2.1 Adopt the Subsequent Mitigated Negative Declaration for Environmental Assessment No. 41 Revised (EA-41, Revised). DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: October 13, 1998, scheduled to follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\092298 8 TEMECULA REDEVELOPMENT AGENCY. MEETING CALL TO ORDER: Chairperson Karel Lindemans presiding ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS A total of 15 minutes is provided Next in Order: Ordinance: No. RDA 98-01 Resolution: No. RDA 98-14 Comerchero, Ford, Robeds, Stone, Lindemans 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. VVhen 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. VVhen you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of September 8, 1998. DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: October 13, 1998, scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\092298 9 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS 18 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. Adoption of Zonin.cl Re.~ulations and Licensing of Sexually Oriented Businesses RECOMMENDATION: 18.1 Continue the public hearing off-calendar. COUNCIL BUSINESS 19 Consideration of Adoption of a Resolution of Necessity for the Acquisition in Eminent Domain of Property for Street Improvements, Road and Highway Purposes in Connection with the Overland Drive Overcrossincl Improvement Project (Hill Property) RECOMMENDATION: 19.1 Consider adoption of proposed Resolution No. 98- , a Resolution of Necessity of the City of Temecula Declaring Certain Real Property Necessary for Public Purposes and authorizing the acquisition thereof in connection with the Overland Drive Overcrossing Project (Project No. PW95-11 ). 19.2 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this report, take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all of the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote. 19.3 If the City Council finds, based upon the evidence contained in and referred to in this report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 98- . (which requires a 4/5ths vote of the entire Council) and the following authorize that an eminent domain proceeding be filed to acquire the subject property interests: RESOLUTION NO. 98- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE OVERLAND DRIVE OVERCROSSING IMPROVEMENT PROJECT R:~Agenda\092298 10 19.4 As to resolution, if approved, approve a warrant payable to the Clerk of the court, Riverside County, in the amount of $109,348.00 for deposit in court to obtain an order for possession of the Dean F. Hill and Connie Mae Hill property interests. 19.5 Authorize the City Manager to execute all necessity documents. 20 Communitv Service Funding Promram Ad Hoc Committee Selection RECOMMENDATION: 20.1 Appoint two Councilmembers to serve on the Community Service Funding Program Ad Hoc Committee to review and approve applications received for that program. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: October 13, 1998, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~,genda\092298 11 PROCLAMATIONS AND PRESENTATIONS ITEM MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY SEPTEMBER 8, 1998 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:20 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Lindemans presiding. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, and Lindemans. ABSENT: 0 AGENCY MEMBER: None. Also present were Executive Director Bradley, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS Both Mr. Ron Walton of Texas Lil's and Mr. Ed Dool of Temecula Stage Stop thanked the City Council and City staff for their continued support during Old Town's streetscape improvements. They presented a petition to the City Council, requesting that Front Street be changed to Old Town Front Street in order to create more freeway visibility. It was noted that no Old Town merchants have expressed any protest with regard to this request. In an effort for Old Town to obtain proper freeway visibility, Agency Member Ford clarified the available options to accomplish the requested task by either renaming a street and/or by a historical building designation. It was noted by Mr. Walton and Mr. Dool that either one or both of the options would be acceptable. Executive Director Bradley noted that the Council may agendize this matter to a future Council meeting and briefly referenced the City's public notification process. CONSENT CALENDAR 1. Minutes RECOMMENDATION: 1.1 Approve the minutes of August 25, 1998. 2 Award a Professional Services Agreement to Robert Bein, William Frost and Associates, Inc. to perform Services to Update the City of Temecula's Redevelopment Plan Environmental Impact Report ('Planning Application No. PA98-0110) RECOMMENDATION: 2.1 Award a Professional Services Agreement in the amount of $34,620.00 to Robert Bein, William Frost and Associates, Inc. to perform Services to update the City of Temecula's Redevelopment Plan Environmental Impact Report. Agency Member Roberts requested that page 3 of the August 25, 1998, minutes be corrected to accurately reflect his support of the motion with regard to utilizing a club car for a two-week trial period. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item Nos. 1 and 2 (Item No. 1 as amended). The motion was seconded by Agency Member Roberts and voice vote reflected unanimous approval with the exception of Agency Member Stone who abstained with regard to Item No. 2. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BUSINESS Authorization to Advertise for Construction Bids for Old Town Streetscape Concrete and Granite Intersection Treatments - Project No. PW97-05 RECOMMENDATION: 3.1 Authorize the Department of Public Works to advertise for construction bids for concrete and granite intersection treatments in the Old Town Streetscape project. Housing and Redevelopment Manager Meyer reviewed the staff report (as per agenda material), advising that the gateway arches will be completed by November 15, 1998, and that negotiations are continuing with Valley Crest with regard to the intersection treatments. Agency Member Comerchero reiterated his desire to ensure that no construction will occur in Old Town during the Holiday period (November 15, 1998 through the end of the year). MOTION: Agency Member Lindemans moved to approve staffs recommendation. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval with the exception of Agency Member Stone who abstained. At this time, City Council recessed. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 8:39 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 22, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel Lindemans, Chairman ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] ITEM 2 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $3,586,817.55. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 22nd day of September, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] Resos 98- 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 98- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 22nd day of September, 1998 by the following roll call vote: AYES: 0 COU NCI LM EM B ERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk R~sos 98- 2 CITY OF TEMECULA LIST OF DEMANDS 09/G:~98 TOTALCHECKRUN: 09/09/98 TOTAL CHECK RUN: 09/22/98 TOTAL CHECK RUN: 09/03/98 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 09122/98 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL 165 RDA-LOW/MOD 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 195 TCSD SERVICE LEVEL R 210 CAPITAL IMPROVEMENT PROJ (CIP) 260 CFD 88-12 CAPITAL PROJECT 280 RDA-CIP 300 INSURANCE 320 INFORMATIONS SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 213,885.79 95,803.41 56,914.39 1,259.16 131.78 12,124.87 3,502.44 2,898.00 2,972,865.79 6,944.00 18,533.80 2,484.93 10,906.15 6,303.28 10,970.80 234,050.35 2,202,442.45 980,035.79 170,288.95 3,586,817.55 3,416,528.59 PAYROLL: 001 GENERAL 165 RDA-LOW/MOD 190 TCSD 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACI LITI ES TOTAL BY FUND: 121,078.75 2,284.13 33,712.58 68.82 175.93 2,193.63 965.34 1,622.09 2,790.68 1,082.59 3,649.68 170,268.96 3,568,817.55 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VCXJCHRE2 09/03/98 12:18 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/HOD SET ASIDE 190 CONNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL ZNPROVENENT PROJ FUND 260 CFD 88-12 CAPITAL PROJECT FUND 280 REDEVELOPHENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMAT[ON SYSTEHS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 72,066.52 91,048.08 22,594.72 659.35 57.91 10,350.61 3,0(~.33 5,300.00 6,944.00 4,975.27 1,827.44 3,351.70 3,545.19 8,263.23 TOTAL 234,050.35 VOUCHRE2 09/03/98 VOUCHER/ CHECK NUMBER 51267 980209 980398 980830 980831 51270 51271 51271 51271 51271 51271 51271 51271 51271 51272 51273 51274 51275 51276 51276 51276 51276 51276 51276 51277 51277 51277 51278 51279 51280 51281 51282 51282 12:18 CHECK DATE 09/03/98 09/02/98 09/03/98 08/31/98 08/31/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/0]/98 09/03/98 09/0]/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 VENDOR VENDOR NUMBER NAME 002917 EDWARDS CINEMAS 000166 FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 003370 A I C P A 000116 A V P VISION PLANS 000116 A V P VISION PLANS 000116 A V P VISION PLANS 000116 A V P VISION PLANS 000116 A V P VISION PLANS 000116 A V P VISION PLANS 000116 A V P VISION PLANS 000116 A V P VISION PLANS 000400 ALEXANDER HAMILTON INST 000936 AMERICAN RED CROSS ANDING, KIMBERLY 000101 APPLE ONE, INC. 003266 ARCUS DATA SECURITY 003266 ARCUS DATA SECURITY 003266 ARCUS DATA SECURITY 003266 ARCUS DATA SECURITY 003266 ARCUS DATA SECURITY 003266 ARCUS DATA SECURITY 003203 ARTISTIC EMBROIDERY 003203 ARTISTIC EMBROIDERY 003203 ARTISTIC EMBROIDERY 003351 ATTRACTION BALLOONS 002541 BECKER, WALTER KARL 003373 BELL, ORROCK & WATASE, 001006 BURTRONICS BUSINESS SYS 001260 C P R S 001260 C P R S CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PER[(X)S ITEM DESCRIPTION DAYCAMP TRIP TO MOVIES 9/3 1ST TIME HONEBUYER PRGM:MCKEON 1ST TIME HONYBUYER PGM:JZMENEZ 1ST TIME HOME BUYER PRGN:SMITH 1ST TIME HOME BUYER PRGM:LEE MEMBERSHIP:B,PATTISON 16238529 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP COBRA/SEPT 98/NELSON PUBLICATION:EMP.PROBLEM SOLVER FIRST-AID TRAINING SUPPLIES REFUND:CREATIVE BEGINNINGS TEMP HELP W/E 8/15 WILLIAMS MICROFILM STORAGE SUPPLIES MICROFILM STORAGE SUPPLIES MICROFILM STORAGE SUPPLIES MICROFILM STORAGE SUPPLIES MICROFILM STORAGE SUPPLIES MICROFILM STORAGE SUPPLIES SHIRTS FOR TCSD STAFF SHIRTS FOR TCSD STAFF SALES TAX 1/2 PYMT BALLOON:O.T. PROMOS REMOVE SILT/DEBRIS SANTIAGO LEGAL SERVICES CFD 88-12 MINOLTA PRINTER MAINT AGREEMNT MEMBERSHIP ADKISSON-FLOHR ~98 MEMBERSHIP TCSD COMMISSIONERS PAGE 1 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 190-183-999-5340 150.00 150.00 165-199-999-5449 23,000.00 23,000.00 165-199-999-5449 12,800.00 12,800.00 165-199-999-5449 24,000.00 24,000.00 165-199-999-5449 21,940.00 21,940.00 001-140-999-5226 90.00 90.00 001-2310 632.30 165-2310 12.90 190-2310 55.92 193-2310 1,72 280-2310 4.30 300-2310 4.30 340'2310 21.50 001-1180 17.20 750.14 001-162-999-5228 10,75 10.75 190-180-999-5261 114,00 114.00 190-183-4982 8,75 8.75 280-199-999-5118 199,95 199.95 001-120-999-5277 451.23 001-120-999-5277 15.48 001-120-999-5277 38.70 001-120-999-5277 52.00 001-120-999-5277 8.00 001-120-999-5277 20.00 585.41 190-180-999-5243 168,00 190-180-999-5243 75,00 190-180-999-5243 18.83 261.83 280-199-999-5362 2,375,00 2,375.00 001-164-601-5401 4,188.00 4,188.00 260-2030 500,00 500.00 330-199-999'5217 2,825.69 2,825.69 190-180'999-5226 110.00 190-180'999-5226 175.00 285.00 VOUCHRE2 09/03/98 VOUCHER/ CHECK NUMBER 51283 5128~ 51285 51286 51286 51287 51287 51287 51287 51287 51287 51288 51289 51290 51291 51291 51292 51293 51294 51295 51296 51297 51297 51297 51297 51297 51297 51297 51298 51299 51300 51300 51300 51300 12:18 CHECK DATE 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM ACCOUNT NUMBER NAME DESCRIPTION NUMBER 000154 C S M F 0 CSMFO SEM:PATT]SON 11/13-15 001-140-999-5261 000128 CAL-SURANCE ASSOCIATES, MUNICIPAL/AUTO LIABILITY INS. 300-199-999-5200 000484 CALIFORNIA ASSN. FOR LO MEMBERSHIP DUES:CITY 98/99 001-110-999-5226 002358 CERTIFIED FOLDER DISPLA FOLDER DISPLAY SERVICE-MRKTING 001-111-999-5270 002358 CERTIFIED FOLDER DISPLA FOLDER DISPLAY SERVICE-MRKTING 001-111-999-5270 000140 COLONIAL LIFE & ACCIDEN 000140 1500 A&S 001-2330 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 001-2330 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 190-2330 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 001-2330 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 190-2330 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 001-2330 001193 CONP USA, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 D~ANGELO, JIM REFUND:GRADING DEPOSIT 001-2670 002106 DA FAMILY SUPPORT 002106 SUPPORT 190-2140 001393 DATA TICKET, INC. 001393 DATA TICKET, INC. PARKING CITATION PROCESSING PARKING CITATION PROCESSING 001-140-999-5250 001-170-999-5250 002990 DAVID TURCH & ASSOCIATE RETAIN PUBLIC ADVOCACY FIRM 001-110-999-5248 003367 DE GANGE, JOHN REIMB. MILEAGE EXPENSE TO RVSD 001-161-610-5262 002954 DIAMOND GARAGE DOUR, IN RES.IMPROV. PROGRAM:AGUIAR 165-199-813-5804 DRINHAUS, JANIE REFUND:CREATIVE BEGINNINGS 190-183-4982 001669 DUNN EDWARDS CORPORATIO GRAFFITI REMOVAL SUPPLIES 001-164-601-5218 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)W/E 8/14 MILES 001-163-999-5118 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)W/E 8/14 MILES 001-165-999-5118 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)N/E 8/14 MILES 001-164-604-5118 001380 E S [ EMPLOYMENT SERVIC TEMP HELP C2)W/E 8/14 DONANOE 001-161-999-5118 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)~/E 7/21 MYERS 001-171-999-5118 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)~/E 8/14 DEGANGE 001-161-999-5118 001380 E S I EMPLOYMENT SERVIC ADVERTISING FOR INSPECTOR 001-162-999-5250 002283 EMBASSY SUITES HOTEL DEPOSIT:COMM RECOG DINNER 10/9 001-100-999-5265 003319 ENTERTAINMENT ROUNDUP AD:98 SUMMER CONCERTS - CRC 190-180-999-5254 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280o199-999-5230 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-140-999-5230 000165 FEDERAL EXPRESS, INC. EXPRESS MAlL SERVICES 001-162-999-5230 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-163-999-5230 ITEM AMOUNT 325.00 1,639.00 400.00 389,59 39.32 22.00 56.00 39.75 66.50 47.75 107.02 169.8/, 995,00 82.50 17.50 17.50 2,000.00 29.25 520.00 43.75 146.81 176.16 176.16 352,32 2,912.80 1,686.86 2,831,31 91.00 500.00 85.00 31.50 10.75 35.25 12.50 PAGE 2 CHECK AMOUNT 325.00 1,639.00 400.00 428.91 339.02 169.84 995.00 82.50 35.00 2,000.00 29.25 520.00 43.75 146.81 8,226.61 500.00 85.00 VOUCHRE2 CITY OF TEMECULA 09/03/98 12:18 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT iTEM CHECK NUMBER AMOUNT AMOUNT 51300 09/03/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAiL SERVICES 190-180-999-5230 26.50 116.50 51301 09/03/98 002832 FENCE BUILDERS RES.IMPROV. PROGRAM:AGUIAR 165-199-813-5804 2,627.00 2,627.00 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 51302 09/03/98 002002 FORTIS BENEFITS iNS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LiFE iNS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS iNS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS, CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS, CO 002002 LIFE INS FORTIS BENEFITS INS, CO 002002 LIFE INS FORTIS BENEFITS INS, CO 002002 LIFE INS FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS iNS, CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS, CO 002002 STD FORTIS BENEFITS INS, CO 002002 STD FORTIS BENEFITS INS, CO 002002 STD FORTIS BENEFITS INS, CO 002002 STD FORTIS BENEFITS iNS. CO OOZOOZ STD FORTIS BENEFITS INS, CO 002002 STD FORTIS BENEFITS INS, CO 002002 STD FORTIS BENEFITS INS, CO 002002 STD FORTIS BENEFITS INS. CO 002002 STD FORTIS BENEFITS INS, CO 002002 STD FORTIS BENEFITS INS, CO 002002 STD FORTIS BENEFITS INS. CO 002002 STD 001-2360 742.50 165-2360 11.25 190'2360 125.10 191-2360 .45 192-2360'~;' 1,35 193-2360 14.85 194-2360 8.10 280-2360 6.75 300-2360 4.50 320-2360 18.00 330-2360 9.00 340-2360 21.15 001-2380 1,404.99 165-2380 27.88 190-2380 219.40 191-2380 .90 192-2380 2.29 193-2380 27.77 194-2380 13.63 280-2380 14.08 300-2380 8.58 320-2380 44.71 330-2380 8.91 340-2380 32.13 001-2500 1,546.38 165-2500 29.95 190-2500 235.69 191-2500 .97 192-2500 2.46 193-2500:~ 29.84 194-2500 14.63 280-2500 15.13 300-2500 9.21 320-2500 48,03 330-2500 9.57 340-2500 34.53 4,744.66 51304 09/03/98 000170 51304 09/03/98 000170 51304 09/03/98 000170 FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY~ FRANKLIN QUEST COMPANY, DAY PLANNER BINDERS & REFILLS 001-164-604-5220 106.00 FREIGHT 001-164-604-5220 10.40 SALES TAX 001-164-604-5220 9.02 125.42 51305 09/03/98 003369 FUHR PIANO PIANO TUNING FOR MAYU CHOIR 001-101-999-5280 67.50 67,50 51306 09/03/98 000184 51306 09/03/98 000184 51306 09/03/98 00018~ 51306 09/03/98 000184 G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM 909-506-2626 AUG SUB-STATION 909-676-3526 AUG CITY F. ALARM 909-693-0956 AUG GENERAL USAGE 909-694-4356 AUG HINTERGARDT 001-170-999-5229 289.84 320-199-999-5208 83.51 320-199-999-5208 262.56 320-199-999-5208 30.81 VOUCHRE2 CITY OF TEMECULA 09/03/98 12:18 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 51306 09/03/98 000184 G T E CALIFORNIA - PAYM 909-694-8927 AUG GENERAL USAGE 320-199-999-5208 51306 09/03/98 00018/+ G T E CALIFORNIA - PAYM 909-699-7945 AUG CRC F. ALARM 320-199-999-5208 27.84 55.70 750.26 51307 09/03/98 000351 GILLISS, MAX C.M. AUG CONSULTING SERVICES 001-110-999-5248 51307 09/03/98 000351 GILLISS, MAX C.M. AUG CONSULTING SERVICES 001-164-604-5248 51307 09/03/98 000351 GILLISS, MAX C.M. AUG PROF SRVCS-PALA RD BRIDGE 210-165-631-5801 500.00 500.00 5,000,00 6,000.00 51308 09/03/98 003344 GROWING TREE FOUNDATION CDBG/CS FUNDING 98/99 001-101-999-5267 500.00 500.00 51309 09/03/98 000520 H D L COREN & CONE, INC CFD 88'12 TAX CALCULATION 260-2030 51309 09/03/98 000520 H 0 L COREN & CONE, INC CFD 88-12 SPECIAL TAX CALC. 260'2030 2,500.00 2,500.00 5,000.00 51310 09/03/98 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES - FIRE 001-171-999-5212 51310 09/03/98 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES - SPORTS 190-183-999-5380 51310 09/03/98 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES - PW CREW 001-16~-601-5218 51310 09/03/98 000186 HANKS HAROWARE, INC. MAINTENANCE SUPPLIES-CITY HALL 340-199-701-5212 51310 09/03/98 000186 HANKS HAROWARE, INC. MAINTENANCE SUPPLIES - CRC 190-182-999-5212 51310 09/03/98 000186 HANKS HAROWARE, INC. MAINTENANCE SUPPLIES - CRC 190-182-999-5212 51310 09/03/98 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES - PARKS 190-180-999-5212 51310 09/03/98 000186 HANKS HAROWARE, INC. MAINTENANCE SUPPLIES - TCC 190-184-999-5212 51310 09/03/98 000186 HANKS HAROWARE, INC. MAINTENANCE SUPPLIES-CITY HALL 340-199-701-5212 79.41 261.92 70.24 26.91 67.87 451.42 136.39 57.00 49.35 1,200.51 51311 09/03/98 003368 HASTINGS COLLEGE OF LAW CEQA SEMINAR-P.ANDERS 9/18 001-161-999-5261 90.00 90.00 51312 09/03/98 001517 HEALTH & HUMAN RESOURCE EMPLOYEE ASSISTANCE PROGRAFt 001-150-999-5248 372.75 372.75 51313 09/03/98 002126 HILLYARD FLOUR CARE SUP CRC GYM FLOUR CLEANING PRODUCT 190-182-999-5212 646.02 646.02 51314 09/03/98 001060 HYATT HTL:ICSC CF 11/9 THORNHILL 001-161-999-5261 157.02 157.02 51315 09/03/98 000194 I C M A RETIREMENT TRUS 000194 DEF CONP 001-2080 1,961.43 51315 09/03/98 000194 I c M A RETIREMENT TRUS 000194 DEF CONP 165-2080 18.75 51315 09/03/98 000194 I C M A RETIREMENT TRUS 000194 DEF CONP 190-2080 269.99 51315 09/03/98 000194 I C M A RETIREMENT TRUS 000194 DEF CONP 280-2080 27.25 2,277:42 51316 09/03/98 001429 INACON INFORMATION SYST C8)HOURS TECHNICAL SERVICES 320-199-999-5250 1,080.00 1,080.00 51317 09/03/98 001407 INTER VALLEY POUL SUPPL MISC POUL SUPPLIES - CRC 190-182-999-5212 177.79 177.79 51318 09/03/98 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 282.01 282.01 51319 09/03/98 000198 INTERNATIONAL COUNCIL 0 Icsc CF:G.THORNHILL 11/6 001-161-999-5261 90.00 90.00 51320 09/03/98 002695 J A S PACIFIC CONSULTIN PLAN CHECKING SERVICES-BLDG 001-162-999-5248 292.02 292.02 51321 09/03/98 000203 JOBS AVAILABLE, INC. RECRUITMENT ADS FOR H.R. 001'150-999-5254 73.60 73.60 51322 09/03/98 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 8/2 KASTNER 190-180-999-5118 51322 09/03/98 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 8/9 KASTNER 190-180-999-5118 51322 09/03/98 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 8/16 ICASTNER 190-180-999-5118 397.80 416.00 395.20 1,209.00 VOUCHRE2 CITY OF TEMECULA 09/03/98 12:18 VOUCHER/CHECK REGISTER FOR ALL PERZOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEH NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 51323 09/03/98 002789 KINCO STAFFING SOLUTION TEMP HELP W/E 8/9 CHENG 001-140-999-5118 98.80 98.80 51324 09/03/98 003361 KOUL SOUNDS DEPOSIT:DJ SRVCS HOLIDAY PARTY 001-150-999-5265 100.00 100.00 51325 09/03/98 001534 LA MASTERS OF FINE TRAV AIR:LEAGUE FORUM-STONE 7/22-26 001-100-999-5258 180.00 180.00 51326 09/03/98 000380 LAIDLAW TRANSIT, INC. BUS:DAYCAMP TO SKATE CITY 8/6 190-183-999-5340 266.82 266.82 51327 09/03/98 003372 LATHAM & WATKINS LEGAL SERVICES CFD 88-12 260-2030 96.00 96.00 51328 09/03/98 002890 LOS ANGELES CELLULAR TE 909-223-1667/317-6491-POLICE 001-170-999-5208 129.76 129.76 51329 09/03/98 002929 M & N AIR CONDITIONING RES.REHAB.PROG.:SZERCHUK 165-199-813-5804 51330 09/03/98 003323 MAIN STREET PRINTING/PA BUTTONS FOR OLD TOWN PROMOTION 280-199-999-5362 1,162.00 1,545.75 1,162.00 1,545.75 51331 09/03/98 000217 MARGARITA OFFICIALS ASS JULY SPORTS PRGM UMPIRE SVCS 51332 09/03/98 002693 MATROS, ANDREA TCSD INSTRUCTOR EARNINGS 190-183-999-5380 190-183-999-5330 3,564,00 302.40 3,564.00 302.40 51333 09/03/98 000220 MAURICE PRINTERS, INC. BUDGET PRINTING SERVICES 001-140-999-5222 51333 09/03/98 000220 MAURZCE PRINTERS, INC. CIP PRINTING SERVICES 001-140-999-5222 51333 09/03/98 000220 MAURICE PRINTERS, INC. SALES TAX 001-140-999-5222 51333 09/03/98 000220 MAURICE PRINTERS, INC. CIP PRINTING SERVICES 001-140-999-5222 51333 09/03/98 000220 MAURICE PRINTERS, INC. SALES TAX 001-140-999-5222 51333 09/03/98 000220 MAURICE PRINTERS, INC. BUDGET PRINTING SERVICES 001-140-999-5222 51333 09/03/98 000220 ~URICE PRINTERS, INC. SALES TAX 001-140-999-5222 51333 09/03/98 O00ZZO MAURICE PRINTERS, INC. BUDGET & CIP PRINTING SERVICES 001-140-999-5222 51333 09/03/98 000220 MAURICE PRINTERS, INC. SALES TAX 001-140-999-5222 51333 09/03/98 000220 MAURICE PRINTERS, INC. BUDGET & CIP PRINTING SERVICES 001-140-999-5222 51333 09/03/98 000220 NAURICE PRINTERS, INC. SALES TAX 001-140-999-5222 51334 09/03/98 MC COY, AMY REFUND:CREATIVE BEGINNINGS 190-183-4982 175.00 175.00 27.13 434.00 33.64 489. O0 37.90 1,825. O0 141,44 492,00 38.13 8.75 3,868.24 8.75 51335 09/03/98 MC LEOO, GINGER REFUND:HAI,/AIIAN DANCE CLASS 190-183-4980 30,00 30.00 51336 09/03/98 003076 MET LIFE INSURANCE CONP 003076 DENTALML 001-2340 51336 09/03/98 003076 MET LIFE INSURANCE CONP 003076 DENTALML 165-2340 51336 09/03/98 003076 MET LIFE INSURANCE CONP 003076 DENTALNL 190-2340 51336 09/03/98 003076 MET LIFE INSURANCE CUMP 003076 OENTALNL 193-2340 51336 09/03/98 003076 NET LIFE INSURANCE CONP 003076 DENTALML 280-2340 51336 09/03/98 003076 MET LIFE INSURANCE CONP 003076 DENTALML 300-2340 51336 09/03/98 003076 MET LIFE INSURANCE CONP 003076 DENTALML 340-2340 51336 09/03/98 003076 MET LIFE INSURANCE CONP COBRA/SEPT/FLAMMER&NELSON 001-1180 51337 09/03/98 001384 MINUTEMAN PRESS PRINTING SERVICES 001-110-999-5222 51337 09/03/98 001384 MINUTE~N PRESS SALES TAX 001-110-999-5222 51337 09/03/98 001384 MINUTEMAN PRESS BUSINESS CARDS FOR B&S 001-162-999-5222 51337 09/03/98 001384 MINUTEMAN PRESS (500)B/W BUS. CARDS:M.HUDSON 001-165-999-5222 51337 09/03/98 00138/, MINUTEMAN PRESS SALES TAX 001-165-999-5222 2,629.78 97.79 270.36 20.87 58.67 19.56 78.23 106.50 205. O0 15.89 367.69 38.25 2.96 3,281.76 629.79 VOUCHRE2 CITY OF TEMECULA 09/03/98 12:18 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 51338 09/03/98 000883 MONTELEONE EXCAVATING CLEAR DEBRIS/GRADE CITY PROP. 001-164-601-5402 1,550.00 1,550.00 51339 09/03/98 002139 NORTH COUNTY TINES ~ AT ADVERTISING:JULY 4TH/CONCERTS 190-180-999-5254 51339 09/03/98 002139 NORTH COUNTY TIMES - AT ADVERTISING:ROADS/CONSTRUCTiON 001-165-999-5256 51339 09/03/98 002139 NORTH COUNTY TIMES - AT ADVERTISiNG:OLD TOWN 280-199-999-5362 51339 09/03/98 002139 NORTH COUNTY TIMES - AT ADVERT[S[NG:CONN SRVC FUNDING 001-140-999-5254 332.21 172.22 196.87 155.00 856.30 51340 09/03/98 003357 0 K MECHANICAL & REFRIG REPAIR OF ICE MACHINE ~ STN 84 001-171-999-5215 51340 09/03/98 003357 0 K MECHANICAL & REFRIG TRAVEL CHG FOR REPAIR CALL 001-171-999-5215 82.50 11.20 93.70 51341 09/03/98 002105 OLD TOWN TiRE & SERVICE VEHICLE MAINTENANCE & REPAIR 001-163-999-5214 149.35 149.35 51342 09/03/98 003371 ORRICK, HERRINGTON & SU LEGAL SERVICES CFD 88-12 260-2030 500.00 500.00 51343 09/03/98 003313 OUTLOOK MAGAZINE ADVERTISEMENT AUGUST "OUTLODKu 001-111'999-5270 1,950.00 1,950.00 51344 09/03/98 003069 PACK N MAIL #2 JULY & AUG MAIL DELIVERY SVCS 330-199-999-5230 70.00 70.00 51345 09/03/98 PEET-DAVIS, LYN REFUND:CREATIVE BEGINNINGS 190-183-4982 8.75 8.75 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 165-2090 100.79 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 280-2090 33.59 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSH[ELD 001-2090 3.48 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 190-2090 52.07 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 001-2090 377.93 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 190-2090 38.88 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 340-2090 13.35 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 001-2090 18.90 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 PAClFICR 001-2090 152.56 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 PAClFICR 190-2090 33.90 51346 09/03/98 000245 PERS (HEALTH [NSUR. PRE 000245 PAClFICR 193-2090 1.78 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 001-2090 154.14 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS REV 001-2090 981.37- 51346 09/03/98 000245 PERS (HEALTH [NSUR. PRE 000245 AETNA SO 001-2090 484.77 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 165-2090 214.33 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 280-2090 71.43 51346 09/03/98 000245 PERS (HEALTH ]NSUR. PRE 000245 BLSHIELD 001-2090 1,127.40 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSH[ELD 190-2090 360.49 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 280-2090 .85 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 ClGNA 001-2090 844.50 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 300-2090 39.46 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 001-2090 5,887.82 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 190-2090 773.38 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 191-2090~ 15.53 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 192-2090 46.58 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 193-2090 388.13 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 194-2090 201.82 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 280-2090 1.49 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 330-2090 155.25 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 340-2090 825.01 51346 09/03/98 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 001-2090 2,094.49 VOUCHRE2 09/03/98 VOUCHER/ CHECK NUMBER 51346 51346 51346 51346 51346 51346 51346 51346 51346 51347 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51348 51350 51350 51351 51351 51351 51352 51353 51353 12:18 CHECK DATE 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 VENDOR NUMBER 000245 000245 000245 000245 000245 000245 000245 000245 000245 001958 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000252 000252 000253 000253 000253 002110 002880 002880 VENDOR NAME PERS (HEALTH INSUR. PRE PERS (HEALTH INSUR. PRE PERS (HEALTH INSUR. PRE PERS (HEALTH INSUR. PRE PERS (HEALTH INSUR. PRE PERS (HEALTH INSUR. PRE PERS (HEALTH INSUR. PRE PERS (HEALTH INSUR. PRE PERS (HEALTH INSUR. PRE PERS LONG TERM CARE PRO PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH POLYCRAFT~ INC. POLYCRAFT~ INC. POSTMASTER POSTMASTER POSTMASTER PRIME EQUIPMENT PRO-CRAFT SASH & SUPPLY PRO-CRAFT SASH & SUPPLY CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 000245 KAISERSO 000245 PACIFICR 000245 PACIFICR 000245 PACIFICR 000245 PACIFICR 000245 PC 000245 PERS CHO 000245 PERS DED 000245 PERS-ADM 001958 PERS L-T PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT CITY OF TEN,VEHICLE DECALS:PD SALES TAX EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EQUIPMENT RENTAL:P,W. MAINT, CREDIT:VENDOR CASH STOP PMT CK RES.IMPROVEMENT PROG:VICTORIN ACCOUNT NUMBER 190-2090 001-2090 190-2090 193-2090 194-2090 001-2090 001-2090 001-2090 001-2090 001-2122 001-161-999-5260 001-110-999-5222 190-183-999-5340 001-110-999-5250 001-100-999-5260 280-199-999-5250 190-180-999-5250 320-199-999-5221 001-140-999-5260 001-110-999-5260 190-183-999-5320 001-162-999-5260 001-120-999-5250 190-180-999-5261 001-171-999-5261 001-171-999-5220 001-110-999-5260 001-150-999-5260 280-199~999-5362 190-183-999-5340 280-199-999-5362 001-170-999-5261 001-150-999-5260 001-170-999-5215 190-183-999-5340 190-184-999-5301 001-170-999-5214 001-170-999-5214 001-120-999-5230 001-165-999-5230 001-161-999-5Z30 001-16~-601-5238 165-1270 165-199-813-5804 ITEM AMOUNT 148.83 3,607.57 676.35 19.10 104.45 16.00 2,725.86 981.37 105,42 73.84 63.05 27.75 14.70 11.90 10.32 7.23 3.94 16.15 29.20 30.94 18.00 34.02 13.00 9.34 15.00 13.95 12.00 19.27 23.96 8.64 23.61 15.00 4.50 14.54 8.68 46.98 572.00 44.33 38.80 36.65 72,65 53.86 700.00- 800.00 PAGE 7 CHECK AMOUNT 21,917.68 73.84 495.67 616.33 148,10 53.86 100.00 VOUCHRE2 CITY OF TEMECULA 09/03/98 12:18 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 51354 09/03/98 000635 R & J PARTY PALACE 51354 09/03/98 000635 R & J PARTY PALACE SUPPLIES:SIST.C[TY VISIT:8/27 001-101-999-5280 SALES TAX 001-101-999-5280 96.00 7.44 103.44 51355 09/03/98 000981 R H F INC. 51355 09/03/98 000981 R H F INC. RADAR EQUIPMENT REPAIR & MAINT 001-170-999-5215 SALES TAX 001-170-999-5215 140.00 10.15 150.15 51356 09/03/98 000262 RANCHO CALIFORNIA WATER WATER SERVICE FLOATING METER 001-164-601-5250 51356 09/03/98 000262 RANCHO CALIFORNIA WATER 02-79-10100-1:N.W. SPORTS 190-180-999-5240 51356 09/03/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 51356 09/03/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 51356 09/03/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5Z40 209.02 71.86 9,027.77 3,982.84 43.11 13,334.60 51357 09/03/98 003307 RIVERSIDE CO. EXECUTIVE COUNTY ADMIN CHARGES:CFD 88-12 260-2030 848.00 848.00 51358 09/03/98 000271 ROBERT BEIN, ~14 FROST & JULY PROF SVCS:WINCH.MEDIAN 210-165-686-5802 300.00 300.00 51359 09/03/98 00087'5 ROBERTS, RONALD H. REIMB. LEAGUE CF EXPENSE 8/14 001-100-999-5258 37.00 37. O0 51360 09/03/98 002226 RUSSO, MARY ANNE TCSD INSTRUCTOR EARNINGS 190-18~-999-5330 525.00 525.00 51361 09/03/98 002743 SAFE & SECURE LOCKSMITH LOCKSMITH SERVICES:6TH ST 001-164-603-5212 104.00 51361 09/03/98 002743 SAFE & SECURE LOCKSMITH TRIP CHARGE 001-16/+-603-5212 20.00 124.00 51362 09/03/98 SCHNEBECK, IC~REN REFUND:HATHA YOGA/YOGA 90'S 190-183-4982 163.00 163.00 51363 09/03/98 000537 SOUTHERN CALIF EDISON 2-10-747-1393 MONROE PED 190-199-999-5240 37,57 51363 09/03/98 000537 SOUTHERN CALIF EDISON 2-15-830-2307 FRONT ST 190-199-999-5Z40 21.41 51363 09/03/98 000537 SOUTHERN CALIF EDISON 2-02-351-4946 SENIOR CENTER 190-181-999-5240 1,533.41 51363 09/03/98 000537 SOUTHERN CALIF EDISON 2-00-397-5042 CITY HALL 340-199-701-5240 6,152.24 51363 09/03/98 000537 SOUTHERN CALIF EDISON Z-00-397-5067 VARIOUS METERS 193-180-999-5240 886.30 51363 09/03/98 000537 SOUTHERN CAL[F EDISON 2-00-397-5067 VARIOUS METERS 191-180-999-5240 13.82 51363 09/03/98 000537 SOUTHERN CALIF EDISON 2-02-802-8077 VARIOUS METERS 340-199-702-5240 701.62 51363 09/03/98 000537 SOUTHERN CALIF EDISON 52-77-796-2616-01-000-8 NARG. 191-180-999-5319 583.54 51363 09/03/98 000537 SOUTHERN CALIF EDISON CREDIT: INCORRECT BILLING 193-180-999-5240 118.46- 9,811.45 51364 09/03/98 001212 SOUTHERN CALIF GAS CONP 095-167-7907-2 STATION 84 001-171-999-5240 69.80 69.80 51365 09/03/98 000282 SOUTHERN CALIF MUNICIPA SPORTS TEAM REGISTRATION 190-180-999-5261 25.00 25.00 51366 09/03/98 002150 SUMMIT SAFETY PROOUCTS SAFETY EQUIPMENT:P.W. NAINT. 001-164-601-5218 8~.32 86.32 51367 09/03/98 SUNRIDGE COMMUNITY CHUR REFUND:SEC.DEPOSIT/ROON RENTAL 190-2900 100.00 51367 09/03/98 SUNRIDGE COMMUNITY CHUR REFUND:SEC.DEPOSIT/ROOM RENTAL 190-183-4990 32.00 51367 09/03/98 SUNRIDGE COMMUNITY CHUR REFUND:SECURITY DEPOSIT 190-2900 100.00 232.00 51368 09/03/98 000574 SUPERTONER HP LASER PRINTER MAINTENANCE 320-199-999-5215 536.67 536.67 51369 09/03/98 003311 SWAINS ELECTRIC MOTOR S POOL EQUIPMENT FOR CRC 190-182-999-5212 249.53 249.53 51370 09/03/98 003354 SWAN PAINTING RES.IMPROVEMENT PROG:SHELDRAKE 165-199-813-5804 2,450.00 2,450.00 VOt,ICHRE2 09/03/98 VOUCHER/ CHECK NUMBER 51371 51372 51373 51373 51373 51373 51373 51373 51373 51374 51375 51376 51376 51376 51376 51376 51376 51377 51378 51379 51379 51380 51380 51380 51380 51380 51380 51380 51380 51380 51380 51380 51380 51380 51380 51381 51381 51381 51381 51381 51381 12:18 CHECK DATE 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 VENDOR NUMBER 000305 001547 001547 001547 001547 001547 001547 001547 001672 000168 000642 000642 000642 000642 000642 003338 002107 002107 002107 002107 002107 002107 002107 002107 002107 002107 002107 002107 002107 002107 001065 001065 001065 001065 001065 001065 VENDOR NAME SYKES, LINDA TARGET STORE TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TENECULA DRAIN SERV & P TEMECULA FLOUER CORRAL TEMECULA TEMECULA TEMECULA TEMECULA TEMECULA TEMECULA CITY OF - FLE CITY OF - FLE CITY OF - FLE CITY OF - FLE CITY OF - FLE CITY OF - FLE THREE PHASE ELECTRIC TOP QUALITY PAINTING CO TOWLES, DEBRA TOWLES, DEBRA TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRAMS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRAMS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C N/PEBSCO (DEF. C CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND:CREATIVE BEGINNINGS MISC SUPPLIES FOR REC PROGRAM 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES PLUMBING SERVICES - CITY HALL SUNSHINE FUND EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX ENPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX REFUND:GFI INSPECT[ON RES.IMPROVEMENT PROG:VICTORIN REFUND:ROOM RENTAL/SEC.DEPOSIT REFUND:ROOM RENTAL/SEC.DEPOSIT 002107 VL REVER 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VL ADVAN 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 001065 DEF CONP 001065 DEF COHP 001065 DEF CONP 001065 DEF CONP 001065 DEF CONP 001065 DEF CONP ACCOUNT NUMBER 190-183-4982 190-184-999-5301 001-2125;, 190-2125 191-2125 192-2125 193-2125 194-2125 320-2125 340-199-701-5212 001-2170 001-1020 165-1020 190-1020 280-1020 300-1020 320-1020 001-162-4285 165-199-813-5804 190-2900 190-183-4990 001-2510' 001-2510 190-2510 192-2510 193-2510 194-2510 340-2510 001-2510 001-2510 190-2510 192-2510 193-2510 194-2510 340-2510 001-2080 165-2080 190-2080 192-2080 193-2080 194-2080 ITEM AMOUNT 8.75 8/,,.92 555.10 82.00 1.03 2.05 14.35 3.07 18.90 60.00 136.79 3,861.47 271.25 480.00 183.75 9.50 350.00 120.00 1,620.00 100.00 105.00 174.60- 156.80 7.68 .34 1.70 3.40 4.68 174.60 156.80 7.68 .34 1.70 3.40 4.68 6,361.08 22.73 1,199.37 2.50 33.19 108.33 PAGE 9 CHECK AMOUNT 84.92 676.50 60.00 136.79 5,155.97 120.00 1,620.00 205.00 349.20 VOUCHRE2 09/03/98 VOUCHER/ CHECK NUMBER 51381 51381 51381 51381 51382 51382 51382 51382 51382 51382 51383 51384 51384 51384 51385 51385 51385 51385 51386 51386 51387 51388 51389 51390 51391 12:18 CHECK DATE 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 09/03/98 VENDOR NUMBER 001065 001065 001065 001065 000389 000389 000389 000389 000389 000389 002899 002899 002899 000325 000325 000325 000325 000326 000326 001890 001342 000621 003374 000345 VENDOR NAME U S C M/PEBSCO (DEF. C U S C M/PEBSCO [DEF, C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) U S C N/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) U.S. CONFERENCE OF MAYO UNISTRUT UNISTRUT UNISTRUT UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, VORTEX DOORS WAX[E SANITARY SUPPLY, WESTERN RIVERSIDE COUNC WILLIAMSON, RON XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 001065 DEF CONP 001065 DEF CONP 001065 DEF COe4P 001065 DEF COMP 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR REIMB.OF FUNDS ERROR:D.HANSEN PARTS NEEDED TO INSTALL SIGNS FREIGHT SALES TAX 000325 UW 000325 UW 000325 Uw 000325 uw AUG UNIFORM & MAT RENTALS-PW UNIFORM & MAT RENTALS - TCSD DOOR REPAIR AT CRC MAINTENANCE SUPPLIES - CRC SOLID WASTE PROGRAM 98/99 SIGNS 6TH ST PRKG LOT RESTROOM AUG LEASE OF 5765 COPIER ACCOUNT NUMBER 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 280-2160 330-2160 340-2160 001-1180 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-2120 165-2120 190-2120 194-2120 001-164-601-5243 190-180-999-5243 190-180-999-5212 190-182-999-5212 194-180-999-5226 280-199-813-5804 330-199-999o5239 ITEM AMOUNT 22,73 93.33 608,98 158.33 871.14 20.46 1,339.52 23.88 24.00 79.52 12.68 112.66 3.33 8.72 147.00 1.00 24.50 2.50 97.50 37.39 165.00 75.48 2,603.00 107.50 442.77 PAGE 10 CHECK AMOUNT 8,610.57 2,358.52 12.68 124.51 173.00 134.89 165.00 75.48 2,603.00 107.50 442.77 TOTAL CHECKS 234,050.35 VOUCHRE2 09/10/98 1~:59 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LO~/NOD SET ASIDE 190 CONNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 195 TCSD SERVICE LEVEL R 210 CAPITAL IHPROVENENT PROJ FUND 280 REDEVELOPRENT AGENCY - C]P 300 INSURANCE FUND 320 INFORHATION SYSTEHS 330 SUPPORT SERVICES 340 FACILITIES TOTAL AMOUNT 101,844.02 5,755.33 27,319.67 599.81 7'5.87 1,774.26 2,898,00 2,043,185.48 4,878.30 657,49 7,554.45 2,758.09 2,707.57 2,202,442.45 VOUCHRE2 CITY OF TEMECULA 09/10/98 14:59 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 51392 09/04/98 WHIPPLE, CONNIE REFUND:SUMMER DAY CAMP 190-183-4984 220.00 220.00 51393 09/08/98 003360 AMES, REED F, T-SHIRTS EXPLORER PRGM 001-171-999-5235 247.83 247.83 51394 09/09/98 002023 KING, WENDE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 340.00 340.00 174421 09/09/98 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 174421 09/09/98 000283 INSTATAX (]RS) 000283 FEDERAL 190-2070 174421 09/09/98 000283 INSTATAX (]RS) 000283 FEDERAL 191-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 174421 09/09/98 000283 INSTATAX ([RS) 000283 FEDERAL 193-2070 174421 09/09/98 000283 ]NSTATAX ([RS) 000283 FEDERAL 194-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 174421 09/09/98 000283 1NSTATAX (]RS) 000283 FEDERAL 300-2070 174421 09/09/98 000283 [NSTATAX (]RS) 000283 FEDERAL 320-2070 174421 09/09/98 000283 [NSTATAX (IRS) 000283 FEDERAL 330-2070 174421 09/09/98 000283 [NSTATAX (]RS) 000283 FEDERAL 340-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 174421 09/09/98 000283 INSTATAX (]RS) 000283 MEDICARE 165-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 174421 09/09/98 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 18,514.31 289.83 4,215.36 8.79 22.42 307.09 136.44 132.67 46.80 633.04 145.07 555.00 4,569.23 80.84 1,190.54 2.44 6.25 78.01 36.85 50.76 24.08 129.54 37.32 133.32 31,346.00 193515 09/09/98 000444 INSTATAX (EDD) 000444 SDI 001-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 SDI 165-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 SDI 190-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 SDI 280-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 SDI 330-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 SDI 340-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 001-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 165-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 190-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 191-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 192-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 193-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 194-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 280-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 300-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 320-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 330-2070 193515 09/09/98 000444 INSTATAX (EDD) 000444 STATE 340-2070 48.07 1.36 89.30 1.59 1.60 5.31 4,878.02 119.05 840.50 1.53 3.67 61.30 24.31 52.96 13.55 153.35 26.91 119.17 6,441.55 51397 09/10/98 002877 ALTA LOMA CHARTER LINES BUS:BASEBALL GAME TRIP 9/12 190-183-999-5350 307.00 307.00 VOUCHRE2 09/10/98 VOUCHER/ CHECK NUMBER 51398 51399 51400 51401 51402 51403 51403 51404 51404 51404 51404 51404 51404 51404 51404 51404 51404 51404 51404 51404 51404 51404 51404 51405 51405 51406 51407 51408 51409 51410 51411 51412 51413 51414 51414 14:59 CHECK DATE 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 VENDOR NUMBER 002987 001323 003376 002541 003126 002878 002878 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 003380 003380 001195 001249 001233 002701 002466 001380 001380 VENDOR NAME ARMSTRONG DEVELOPMENT S ARROWHEAD WATER, INC, ARTS COUNCIL, THE BECKER, WALTER KARL BOONGAARDEN, DENNIS BUSINESS INFORMATION SY BUSINESS INFORMATION SY CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, CAL'SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, CAL'SURANCE ASSOCIATES, CAL'SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, CANYON LAKE, CITY OF CANYON LAKE, CITY OF CENTRAL SECURITY SERVIC CENTRE FOR ORG, EFFECTI CISNEROS, CHERYL COLLINS, ROBERT DAN'S FEED & SEED, INC. DISTRICT 17 DIVERSIFIED RISK DOVER ELEVATOR COHPANY E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION STOCKPILE PLAN:DESILTING BASIN DRINKING WATER FOR CRC 1998-99 CSF GRANT TRENCH REPAIR MARGARITA RD TCSD iNSTRUCTOR EARNINGS ON-SITE COHPUTER TRAINING ON-SITE COHPUTER TRAINING AUG WORKERS COHP INSURANCE AUG WORKERS COMP INSURANCE AUG WORKERS COHP INSURANCE AUG WORKERS COHP INSURANCE AUG WORKERS COMP INSURANCE AUG WORKERS COHP INSURANCE AUG WORKERS COMP INSURANCE AUG WORKERS COMP INSURANCE AUG WORKERS COMP INSURANCE AUG WORKERS COMP INSURANCE AUG WORKERS COMP INSURANCE AUG WORKERS COMP INSURANCE AUG WORKERS COMP INSURANCE AUG WORKERS COHP INSURANCE AUG WORKERS COHP INSURANCE AUG WORKERS COHP INSURANCE LEAGUE MTG:JONES/STONE 9/14 LEAGUE MTG:JONES/STONE 9/14 SEPT ALARM SRVCS-SENIOR CENTER QTRLY MGMT MEETING TRAINING REFUND:SWIMMING LESSONS REFUND:SEAPORT VILLAGE TRIP PROPANE GAS FOR FIELD TANKS REFUND:SECURiTY DEPOSIT AUG SPECIAL EVENT INSURANCE SEPT ELEVATOR SERVICE/MAINT. TEMP HELP (2)W/E 8/28 MILES TEMP HELP (2)W/E 8/28 MILES ACCOUNT NUMBER 190-180-999-5250 190-182-999-5250 001-101-999-5267 001-164-601-5402 190-183-999-5330 320-199-999-5261 320-199-999-5261 001-2370 165-2370 190-2370 191-2370 192-2370 193-2370 194-2370 280-2370 300-2370 320-2370 330-2370 340-2370 330-199-999-5112 190-183-999-5112 190-181-999-5112 190-180-999-5112 001-100-999-5260 001-120-999-5260 190-181-999-5250 001-150-999-5261 190-183-4975 190-183-4980 001-164-601-5218 190-2900 300-2180 340-199-701-5212 001-163-999-5118 001-165-999-5118 ITEM AMOUNT 1,000.00 61.15 22,000.00 4,845.00 124.80 2,400.00 2,400.00 3,584.51 71.04 1,413.26 .82 2.07 48.03 22.53 27.57 7,62 47,07 11.48 297.67 3.48 9.78 1.81 6.07 25.00 25.00 45.00 579.20 70.00 16.00 5.33 100.00 435.90 199.10 220.20 220.20 PAGE 2 CHECK AMOUNT 1,000.00 61.15 22,000.00 4,845.00 124.80 4,800.00 5,554.81 50.00 45.00 579.20 70.00 16.00 5.33 100.00 435.90 199.10 VOUCHRE2 09/10/98 VOUCHER/ CHECK NUMBER 51414 51414 51414 51414 51414 51414 51414 51415 51416 51417 51417 51417 51417 51418 51419 51420 51421 51422 51422 51422 51423 51423 51423 51423 51424 51425 51425 51426 51427 51427 51428 51429 51429 51430 14:59 CHECK DATE 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 VENDOR NUMBER 001380 001380 001380 001380 001380 001380 001380 001056 000478 000165 000165 000165 000165 002832 001135 000170 000184 000184 000184 000192 000192 000192 000192 000175 002372 002372 002409 001407 002695 002695 0033~9 VENDOR NAME ES ES ES ES ES ES ES EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EXCEL LANDSCAPE FAST SIGNS FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FENCE BUILDERS FIRST CARE INDUSTRIAL M FOSTER, MAE FRANKLIN QUEST COMPANY, G T E CALIFORNIA - PAYM G T E CALIFORNIA ' PAYM G T E CALIFORNIA - PAYM GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GOVERNMENT FINANCE OFFI HARMON, JUDY HARMON, JUDY HAZ PAK INC. HIRDLER, KAREN HIRDLER, KAREN INTER VALLEY POOL SUPPL J A S PACIFIC CONSULTIN J A S PACIFIC CONSULTIN JEANETTE C JUSTUS, ]NC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TEMP HELP (2)W/E 8/28 MILES TEMP HELP (2)W/E 8/28 YONKER TEMP HELP (2)W/E 8/14 MYERS TEMP HELP (2)W/E 7/17 HILLBERG TEMP HELP (2)g/E 8/28 SERVEN TEMP HELP (2)W/E 8/28 SERVEN TEMP HELP (2)g/E 8/28 SERVEN LDSC IMPROVEMENTS - WINCH.CRK SIGNS FOR OLD TOWN PROMOTION EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES RES.IMPROV.PRGM:SHELDRAKE REISSUE CK# 49938 REFUND:SEAPORT VILLAGE TRIP DAY PLANNER BINDERS & REFILLS 909-308-1079 AUG GENERAL USAGE 909-695-1409 AUG GENERAL USAGE 909-695-3539 AUG GENERAL USAGE (12) BLACK INK CARTRIDGES (12) COLOR INK CARTRIDGES FREIGHT SALES TAX PUB:FIXED ASSET/DEBT ISSUANCE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS HAZ-MAT MATERIAL SERVICES REFUND:SEC.DEPOSIT/ROOM RENTAL REFUND:SEC.DEPOSIT/ROOM RENTAL MISC POOL SUPPLIES - CRC TEMP HELP W/E 8/15 ALBERT AUG PLAN CHECK SERVICES JUN LEGAL SERVICES ACCOUNT NUMBER 001-164-604-5118 001-140-999-5118 001-171-999-5118 165-199-999-5118 190-180-999-5118 193-180-999-5118 001-164-603-5118 193-180-999-5212 280-199-999-5362 001-110-999-5230 001-16Z-999-5Z30 001-165-999-5230 001-120-999-5230 165'199'813-5804 001-150'999-5250 190-183-4980 001-161-999-5220 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5221 320-199-999-5221 320-199-~99-5221 320-199-999-5221 001-140-999-5ZZ8 190-18]-999-5330 190-183-999-5330 001-164-601-5430 190-2900 190-183-4990 190-182-999-5212 001-162-999-5118 001-162-999-5248 001-2030 ITEM AMOUNT 440.40 1,185.21 1,891.80 1,068.00 3 73.60 747.20 373.60 81.01 1,248.42 17.00 45.25 10.75 34.50 2,550.00 85.00 8.00 86.03 57.60 135.09 38.67 308.28 335.40 16.04 50.8~ 41.00 417.40 364.00 893.50 100.00 70.00 177.79 308.90 700.78 4,674.68 PAGE 3 CHECK AMOUNT 6,520.21 81,01 1,248.42 107.50 2,550.00 85.00 8.00 86.03 231.36 710.56 41.00 781.40 893.50 170.00 177.79 1,009.68 4,674.68 VOUCHRE2 09/10/98 VOUCHER/ CHECK NUMBER 51431 51432 51433 51434 51435 51436 51437 51438 51439 51439 51440 51440 51441 51442 51443 51444 51444 51444 51444 51444 51444 51444 51444 51445 51446 51447 51448 51448 51448 51448 51448 51448 51448 51448 14:59 CHECK DATE 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 VENDOR VENDOR NUMBER NAME JONES, MARIA KARLS, RUTH KATZMANN, GAYLE 001534 LA MASTERS OF FINE TRAV 000217 MARGARITA OFFICIALS ASS MASSEY, DENISE 000220 MAURICE PRINTERS, INC. MID SOUTHERN CALIFORNIA 003241 MILLAR HEATING & AIR, I 003241 MILLAR HEATING & AIR, I 002952 MINOLTA BUSINESS SYSTEM 002952 MINOLTA BUSINESS SYSTEM 000883 MONTELEONE EXCAVATING 002925 NAPA AUTO PARTS 003382 O'GRADY, JAMES B. 002105 002105 002105 002105 002105 002105 002105 002105 OLD TO~N TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE 002668 OMEGA LAKE SERVICES 003148 PACCIONE, THERESA PAYNE, ZELIA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION REFUND:SECURITY DEPOSIT REFUND:SEAPORT VILLAGE TRIP REFUND:SECURITY DEPOSIT AIR:R.RBRTS 9/19-24 VALLEY GRP AUG SPORTS PRGM UMPIRE SVCS REFUND: SIGN LANGUAGE PRINTING SERVICES:CITY MGR REFUND: SECURITY DEPOSIT REPAIR/MAINT.EQUIPMENT:CRC MAINT.EQUIPMENT FOR NAINT.FAC. AUG COPIER LEASE AT CRC JUL COPIER LEASE AT CRC STREET REPAIRS & EMERG ~/C)RK MISC. SUPPLIES FOR PW REIMBURSE:ICMA CF:10/24-28/98 CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT SEPT DUCK POND MAINTENANCE TCSD INSTRUCTOR EARNINGS REFUND: SEAPORT VILLAGE 000246 PERS (EMPLOYEES' RETIRE 000246 000246 PERS (EMPLOYEES' RETIRE 000246 000246 PERS (EMPLOYEES' RETIRE 000Z46 000246 PERS (EMPLOYEES~ RETIRE 000246 000246 PERS (EMPLOYEES~ RETIRE 000246 000246 PERS (EMPLOYEES' RETIRE 000246 000246 PERS (EMPLOYEES' RETIRE 000246 000246 PERS (EMPLOYEES' RETIRE 000246 MLT PERS PERS RET PERS RET PERS RET PERS RET PERS RET PERS RET PERS RET ACCOUNT NUMBER 190-2900 190-183-4980 190-2900 001-100-999-5258 190-183-999-5380 190-183-4982 001-100-999-5265 190-2900 190-182-999-5212 340-199-702-5212 190-182-999-5239 190-182-999-5239 195-180-999-5402 001-16~-601-5218 001-110-999-5258 001-164-601-5214 001-164-601-5214 190-180-999-5214 190-180-~-5214 001-164-601-5214 001-162-~<~-5214 001-162-~<~-5214 190-180-~9-5214 190-180-~-5212 190-183-9~9-5330 190-183-4980 001-2130 001-2130 001-2390 165-2390 190-2130 190-2390 191-2390 192-2390 ITEM AMOUNT 100.00 16.00 100.00 628.00 3,256.00 35.00 23.71 100.00 1,500,00 800.00 181.09 162.70 2,898.00 15.92 500.00 47.55 18.00 15.95 345.70 260.03 152.44 56.39 19.18 800.00 308.00 24.00 322.43 11.78 22,553.54 447.72 2.51 3,439.99 13.28 33.70 PAGE 4 CHECK AHOUNT 100.00 16.00 100.00 628.00 3,256.00 35.00 23.71 100.00 2,300,00 343.79 2,898.00 15.92 500.00 915.24 800.00 308.00 24.00 VOUCHRE2 09/10/98 VOUCHER/ CHECK NUMBER 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51448 51450 51450 51451 51451 51451 51451 51451 51451 51451 51451 51451 51452 51452 51453 51453 51454 51455 51456 51456 14:59 CHECK DATE 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 VENDOR NUMBER 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000254 000254 000254 000254 000254 000254 000254 000254 000254 002110 002110 002402 002402 001279 003307 002743 002743 VENDOR NAME PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEESt RETIRE PERS (EMPLOYEESt RETIRE PERS (EMPLOYEESt RETIRE PERS (EMPLOYEESt RETIRE PERS (EMPLOYEESt RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEESt RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEESt RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEESt RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PITTSo SHAUNA PITTS, SHAUNA PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRIME EQUIPMENT PRIME EQUIPMENT R J WILLIAMS R J WILLIAMS RANCHO NEWS, INC. RIVERSIDE CO. EXECUTIVE SAFE & SECURE LOCKSMITH SAFE & SECURE LOCKSMITH CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS-PRE 000246 PERS-PRE 000246 PERS-PRE 000246 PERS-PRE 000246 PERS-PRE 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR REFUND: SECURITY DEPOSIT FACILITY ROOM RENTAL DISPLAY ADS:CIP CONST. UPDATES DISPLAY ADS:CONM SVC FUNDING PUBLIC NOTICES:DBE PUBLIC NOTICES:PW97-19 PUBLIC NOTICES:PW97-03 PUBLIC NOTICE:PA95-O079 PUBLIC NOTICE:PA98-0297 PUBLIC NOTICES:17.24.020. PUBLIC NOTICE:NO.41 EQUIPMENT RENTAL FOR PW EQUIPMENT RENTAL FOR PW CABINET WORK/MAINTENANCE SALES TAX ADVERTISING FOR O.T.PRONOTION JOINT FUND AGRMT-HWY 79S PHS 2 LOCKSMITH SVCS:VARIOUS PARKS LOCKSMITH SERVICES:CRC ACCOUNT NUMBER 193-2390 194-2390 280-2130 280-2390 300-2390 320-2390 330-2390 340-2390 001-2130 191-2130 192-2130 193-2130 194-2130 001-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 190-2900 190-183-4990 001-165-999-5256 001-140~999-5254 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-161-999-5256 001-161-999-5256 001-120-999-5256 001-161-999-5256 001-164-601-5238 001-164-601-5238 280-199-999-5601 280-199-999-5601 280-199-999-5362 210-165-698-5804 190-180-999-5212 190-182-999-5212 ITEM AMOUNT 410.75 206.71 .75 219.80 129.08 723.40 131.12 485.61 263.61 2.81 5.62 39.33 8.43 72.08 1.17 12.92 .05 .14 1.54 .84 .69 .46 1.86 .93 2.18 100.00 20.25- 56.00 194.40 20.25 65.33 62.04 16.75 16.50 6.00 24.75 264.86 64.64 2,297.00 178.00 140.00 2,000,000.00 4.49 50.00 PAGE 5 CHECK AMOUNT 29,546.83 79.75 462.02 329.50 2,475.00 140.00 2,000,000,00 54.49 VOUCHRE2 CITY OF TEMECULA 09/10/98 14:59 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 51457 09/10/98 SCHRAM, SUSAN REFUND: PRESERVING PHOTO 190-183'4982 15,00 51458 09/10/98 000403 SHAWN SCOTT POOL & SPA AUG POOL MAINTENANCE:TES 190'180'999-5212 315.00 51458 09/10/98 000403 SHAWN SCOTT POOL & SPA AUG POOL MAINTENANCE:TES 190-180-999'5212 400.00 15,00 715.00 51459 09/10/98 000645 SMART & FINAL, INC. MISC. SUPPLIES FOR TCC 190-184-999-5301 85.62 51459 09/10/98 000645 SMART & FINAL, INC. MISC. SUPPLIES FOR REC PRGMS 190-183-999-5320 112.39 51460 09/10/98 003002 SMOOTHILL SPORTS DISTRi SKATE PARK RENTAL EQUIPMENT 190-183-999-5305 225.83 51461 09/10/98 000824 SOUTHERN CALIF ASSOC OF SCAG MEMBERSHIP FOR 1998-99 YR 001-100-999-5226 2,420.00 198.01 225.83 2,420.00 51462 09/10/98 000374 SOUTHERN CALIF EDISON SCE PROJECT #6577-7160,7-7123 210-165-681-5804 8,002.00 51463 09/10/98 000374 SOUTHERN CALIF EDISON SCE PROJECT #~477-4295,8-4010 210-165-681-5804 21,683.48 8~002.00 21,683.48 51464 09/10/98 000537 SOUTHERN CALIF EDISON 2-11'O07-0455:AUG:VARIOUS MTRS 001-164-603-5240 297.47 51464 09/10/98 000537 SOUTHERN CALIF EDISON 2-11-577-1966:VIA EDUARDO 190-199-999-5240 14.05 51464 09/10/98 000537 SOUTHERN CALIF EDISON 2-11'577'1966:VIA EDUARDO 190-199'999-5240 13.18 51464 09/10/98 000537 SOUTHERN CALIF EDISON 2-10-331-2153:TCC 190-184-999-5240 1,259.32 51464 09/10/98 000537 SOUTHERN CALIF EDISON 2-13-079-2377:AUG:HWY 79 TC1 191-180-999-5319 482.13 51464 09/10/98 000537 SOUTHERN CALIF EDISON 52-77-796-2616-01-O00-8:MARGTC 191-180-999-5319 87.96 2,154.11 51465 09/10/98 002361 SOUTHERN CALIF FPO'S MEMBERSHIP:CUMMINGS:9/98-8/99 001-171-999-5226 55.00 51465 09/10/98 002361 SOUTHERN CALIF FPO~S NFPA WORKSHOP:CUMMINGS:11/17 001-171-999-5261 35.00 90.00 51466 09/10/98 SURRELL, DIONNE REFUND: SWIMMING CLASS 190-183-4975 25.00 25.00 51467 09/10/98 000305 TARGET STORE MISC SUPPLIES FOR PW 001-163-999-5220 48.56 51467 09/10/98 000305 TARGET STORE MISC SUPPLIES FOR PW 001-164-604-5220 145.69 51467 09/10/98 000305 TARGET STORE MISC SUPPLIES FOR TCSD 190-180-999-5301 16.98 51467 09/10/98 000305 TARGET STORE MISC SUPPLIES FOR TCC 190-184-999-5301 30.14 241.37 51468 09/10/98 003318 TARTAGLIA, MARIO TCSD INSTRUCTOR EARNINGS 190-183-999-5330 480.00 51468 09/10/98 003318 TARTAGLIA, MARIO TCSD INSTRUCTOR EARNINGS 190-183-999-5330 160.00 640.00 51469 09/10/98 003130 TECATE GRILL REFRESHMENTS FOR MAYU CHOIR 001-101-999-5280 142.79 51469 09/10/98 003130 TECATE GRILL REFRESHMENTS FOR MAYU CHOIR 001-101-999-5280 150.29 293.08 51470 09/10/98 001672 TEMECULA DRAIN SERV & P PLUMBING SERVICES - CITY HALL 340-199-701-5212 72.00 51471 09/10/98 000307 TEMECULA TROPHY COMPANY AWARD FOR NAKAYAMA MAYU CHOIR 001-101-~99-5280 77.76 72.00 73.76 51472 09/10/98 TEMECULA VALLEY POP WAR REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 51477 09/10/98 002769 TODD'S FENCING RES.IMPROVEMENT PRGM:R.COSS 165'199'813-5804 1,126.32 1,126.32 51474 09/10/98 001944 TRANSTECH ENGINEERS, IN JUL PRG PMT#Z:PALA/RAINBOW CYN 210-165-689-5804 51474 09/10/98 001944 TRANSTECH ENGINEERS, IN RET.W/H PMT#2:PALA/RAINBOW CYN 210-2035 15,000.00 1,500.00' 13,500.00 51475 09/10/98 000459 TUMBLE JUNGLE F1TNESS/G TCSD INSTRUCTOR EARNINGS 190-183-999-5330 780.80 VOUCHRE2 09/10/98 VOUCHER/ CHECK NUMBER 51475 51476 51476 51476 51476 51476 51476 51476 51476 51476 51476 51476 51476 51476 51477 51478 51479 51479 51480 51481 51481 51481 51482 51483 51484 51484 51484 51484 51484 51484 14:59 CHECK DATE 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 09/10/98 VENDOR NUMBER 000459 002702 OOZTOZ 002702 002702 002702 002702 002702 002702 002702 002702 002702 002702 002702 002576 003381 002566 002566 003114 001342 001342 001342 003320 000339 000345 000345 000345 000345 000345 000345 VENDOR NAME TUMBLE JUNGLE FITNESS/G U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CNRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CNRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:DMRS U S POSTAL SERV[CE:CMRS U S POSTAL SERVICE:CMRS URBAN DESIGN STUDIO VALLEY GROUP, THE VALLEY MICRO COMPUTERS VALLEY MICRO COMPUTERS WASKA, CAROLYN WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLYw WAXIE SANITARY SUPPLY, WEST COAST PEDDLER WEST PUBLISHING COMPANY XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BZLLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TCSD INSTRUCTOR EARNINGS POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER OEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT JUL PROF SVC:SO.SIDE SPCF.PLAN CONF:STONE/ROBERTS:9/21-23/98 COMPUTER SERVICE INSTALLATION FEE TCSD INSTRUCTOR EARNING MAINT.SUPPLIES:VARIOUS PARKS MAINTENANCE SUPPLIES:CRC MAINTENANCE SUPPLIES:CITY HALL SEPT ADVERTISING FOR OLD TO~N CITY HALL LEGAL PUBLICATIONS CREDIT: RETURNED ITEMS MAINTENANCE COPIER SUPPLIES SALES TAX AUG LEASE ON 5100A COPIER AUG LEASE ON 5100A COPIER AUG LEASE ON 5100A COPIER ACCOUNT NUMBER 190-183-999-5330 001-100-999-5230 001-110-~99-5230 001-120-999-5230 001-162-999-5230 190-180*999-5230 001-170-999-5230 280-199-999-5230 001-140-999-5230 001-150-999-5230 001-161-999-5230 001-164-604-5230 320-199-999-5230 001-171-999-5230 001-161-999-5248 001-100-999-5258 320-199-999-5211 320-199-999-5211 190-183-999-5330 190-180-999-5212 190-182-999-5212 340-199-701-5212 280-199-~99-5362 001-120-999-5228 330-199-999-5220 330-199-999-5217 330-199-999-5217 330-2800 330-199-999-5391 330-199-999-5391 ITEM AMOUNT 58O.80 1.28 37.46 132.38 56.64 313.28 8.44 280.09 305.15 181.50 466.48 275.83 .32 6.32 116,00 500.00 99.00 24.95 117.60 133.48 26.56 38.21 248.00 120.68 23.71- 282.00 21.86 1,669.12 401.22 49.69 PAGE 7 CHECK AMOUNT 1,361.60 2,065.17 116.00 500.00 123.95 117.60 198.25 248.00 120.68 2,400.18 TOTAL CHECKS 2,202,442.45 VOUCHRE2 09/11/98 09:15 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 190 COMMUNITY SERVICES DZSTRICT 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP AMOUNT 39,975.25 7,000.00 924,380.31 8,680.23 TOTAL 980,035.79 VOUCHRE2 09/11/98 VOUCHER/ CHECK NUMBER 51487 51488 51489 51489 51489 51489 51489 51490 51491 51491 51492 51493 51493 51493 51493 51493 51494 51495 51496 51496 51497 51497 09:15 CHECK VENDOR VENDOR DATE NUMBER NAME 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 09/22/98 003213 A M S PLANNING RESEARCH 002358 CERTIFIED FOLDER DISPLA 003271 FORMA SYSTEMS 003271 FORMA SYSTEMS 003271 FORHA SYSTEMS 003271 FORMA SYSTEMS 003271 FORHA SYSTEMS 002695 J A S PACIFIC CONSULTIN 000437 MORELAND & ASSOCIATES 000437 MORELAND & ASSOCIATES 000406 RIVERSIDE CO. SHERIFF'S 002181 002181 002181 002181 002181 RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION 003282 RIVERSIDE CONSTRUCTION- 000271 ROBERT BEIN, WM FROST & 000420 TRANS-PACIFIC CONSULTAN 000420 TRANS-PACIFIC CONSULTAN 001944 TRANSTECH ENGINEERS, IN 001944 TRANSTECH ENGINEERS, IN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JUL PROF SRVCS-C.A.MASTER PLAN FOLDER DISPLAY SERVICE-MRKTING ARCVIEW 3.1/NETWORK/SPATIAL ARCVIEW 3.1/ARC CAD BUNDLE ARCVIEW 3.1 FREIGHT SALES TAX AUG TEMP HELP CLARK & KRUSE 1997-98 AUDIT SERVICES (RDA) 1997-98 AUDIT SERVICES (CITY) JULY 98 BOOKING FEES PROG PMT#8:RANCHO CAL/I-15 PRJ C/O PMT#8:RANCHO CAL/I-15 PROJ RET.W/H PMT:RANCHO CAL/I-15 PR AUG PRG PMT#27:WINCNESTER/I-15 AUG RET.W/H PMT#27:WINCH/I-15 RETENTION TO ESCROW ACCOUNT JULY PROF SVCS:SANTA GERTRUDIS JULY PROF. SVCS:OVERLAND/MARG. JULY PROF.SVCS:OVERLAND/MARG. PRGSS PMT#3:PALA/RAINBOW CYN RET W/H PMT:PALA/RAINBOW CYN TOTAL CHECKS ACCOUNT NUMBER 190-180-999-5248 001-111-999-5270 001-161-610-5606 001-161-610-5606 001-161-610-5606 001-161-610-5606 001-161-610-5606 001-162-999-5118 280-199-999-5248 001-140-999-5248 001-170-999-5273 210-165-601-5804 210-165-601-5804 210-2035 280-199-602-5804 280-2035 210-1035 210-190-147-5802 210-165-681-5802 210-165-681-5802 210-165-689-5804 210-2035 ITEM AMOUNT 7,000.00 11,654.49 3,996.00 1,116.00 1,912.00 10.00 544,36 7,453.00 1,500.00 4,347.00 8,942.40 837,598.68 56,138.20 89,3T3.69- 7,558.14 377.91- 89,37'5.69 5,058.43 2,620.00 9,465.00 15,000.00 1,500.00- PAGE 1 CHECK AMOUNT 7,000.00 11,654.49 7,578.36 7,453.00 5,847.00 8,942.40 811,543.42 89,373.69 5,058.43 12,085.00 13,500.00 980,035,79 ITEM 3 APPROVA~,~~ CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Parcel Map No. 28939 - located at the northeast corner of Winchester Road ( State Route 79 North ) and Margarita Road PREPARED BY: Ronald J. Parks, Deputy Director of Public Works b~.nnie Bostre-Le, Assistant Engineer RECOMMENDATI That the City Council: APPROVE Parcel Map No. 28939 in conformance with the Conditions of Approval ACCEPT the Monument Bond as security for the agreements. BACKGROUND: Tentative Parcel Map No. 28939, was approved by the City of Temecula Planning Director on August 20, 1998. The Developer, Canyon-Cahan Temecula, LLC, has met all of the Conditions of Approval. Parcel Map No. 28939 is a five (5) parcel commercial subdivision, of eight (8) gross acres, located at the northeast corner of Winchester Road (State Route 79 North) and Margarita Road. The following fees have been deferred for Parcel Map No. 28939: Public Facilities Development Impact Fee Due upon issuance of a building permit FISCAL IMPACT: None. ATTACHMENT: 2. 3. 3. Development Fee Checklist Fees & Securities Report Project Location Map Parcel Map No. 28939 (Sheet 2 of 3) R:~AGDRP'D98~0922~PM28939.DOC CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Parcel Map No. 28939 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Public Facility Development Impact Fee To be paid prior to issuance of a building permit R:~AGDRP'i~98~0922\PM28939.DOC CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT Parcel Map No. 28939 IMPROVEMENTS * * Monumentation TOTAL DATE: September 8, 1998 FAITHFUL PERFORMANCE SECURITY 2, 100.00 2, 100.00 ** All improvements within the public right-of-way are either constructed or secured with Parcel Map No. 28697. DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Public Facilities Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Parcel Map Plan Check Fees Paid to Date Balance of Fees Due 0.00 Paid Deferred 59.00 4.00 850.00 913.00 0.00 R:~AGDRPT~98\0922~PM28939.DOC -% y ITEM 4 APPROVAL CItY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ,~Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Release Faithful Performance and Labor and Materials securities in Tract No. 22915-3 (Southwesterly comer of Intersection of Rancho Vista Road at Butterfield Stage Road). PREPARED BY: t'..-~onald J. Parks, Deputy Director of Public Works /.~Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: 1. AUTHORIZE release of the Faithful Performance Warranty and Labor and Materials Securities in Tract No 22915-3° 2. DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On May 8, 1990, the Riverside County Road Commissioner and Deputy Clerk of the Board of Supervisors approved Tract No. 22915-3 on behalf of the City of Temecula. Subdivision Agreements and Surety Bonds were submitted by: Tayco (Joint Venture of Taylor Woodrow & Costain Homes, Inc.) for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds posted by American Home Assurance Company as follows: 2. 3. 5. Bond No. PB 300 11 967 in the amount of $907,000 to cover street improvements. Bond No. PB 300 11 967 in the amount of $67,000 to cover water improvements. Bond No. PB 300 11 967 in the amount of $110,000 to cover sewer improvements. Bond No. PB 300 11 968 in the amount of $26,400 to cover subdivision monumentation. Bonds No. PB 300 11 967 in the total amount of $542,000 to cover materials and labor for street, water, and sewer improvements· R:~AGDRP'I'~98\0922~TR229153,FIN.DOC Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership. The subject Tract 22915-3 was one of three for which Costain Homes Inc. became the sole developer. Costain Homes Inc. executed a new agreement and substituted new bonds in the full amount. On June 14, 1994, the City Council authorized partial reduction in the faithful performance secudty amounts, and accepted the following substituted bond in the appropriate reduced amount as posted by American Motorists Insurance Company: Bond No. 3SM 802 894 O0 in the total amount of $504,200 for Faithful Performance for streets, water and sewer improvements. The subdivider also posted replacement bonds for the full amount for the following items: Bond No. 3SM 802 894 00 in the total amount of $542,000 for Labor and Materials for streets, water, and sewer improvements. Bond No. 3SM 802 670 00 in the amount of $26,400 for subdivision monumentation. On June 10, 1997, the City Council accepted the public improvements including the subdivision monumentation, initiated the one-year warranty period, and authorized reduction in the Faithful Performance security to the ten-percent (10%) warranty amount as follows: Street, water, and sewer improvements Bond No. 3SM 802 894 00 $108,400 The one-year warranty period having run, and the developer satisfactorily completed all necessary repairs/replacements of public improvements, Public Works Staff recommends release of that Faithful Performance Warranty security. The subdivider is required to post security for labor and materials to assure payment to suppliers of these elements of public improvement development. The contractual six-month lien period having run since the City Council accepted the public improvements, and no claims having been filed, Staff recommends release of the following security: Bond No. 3SM 802 894 00 in the total amount of $542,000 for Labor and Materials for street, water, and sewer improvement. The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 97-55 on June 10, 1997. The streets accepted within the subdivision are Corte Florecita, and portions of Camino Nunez, and Camino De La Torre. FISCAL IMPACT: None ATTACHMENT: Location Map 2 ~TEMEC_FS201~DATA~DEPTS~PW~AGDRPTL98~0922~TR229153.FIN.DOC TRACT NO. 22915-5 Location Map ITEM CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~..,~Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 22915-2. (Nodhwesterly corner of Intersection of Pauba Road at Butterfield Stage Road). PREPARED By~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: 1. AUTHORIZE release of the Faithful Performance securities in Tract No 22915-2 2. Ronald J. Parks, Deputy Director of Public Works Warranty and DIRECT the City Clerk to so advise the Developer and Surety. Labor and Materials BACKGROUND: On May 8, 1990, the Riverside County Road Commissioner and Deputy Clerk of the Board of Supervisors approved Tract No. 22915-2 on behalf of the City of Temecula. Subdivision Agreements and Surety Bonds were submitted by: Tayco (Joint Venture of Taylor Woodrow & Costain Homes, Inc.) for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds posted by American Home Assurance Company as follows: 2. 3. 4. Bond No. PB 300 11 964 in the amount of $1,792,000 to cover street improvements. Bond No. PB 300 11 964 in the amount of $109,500 to cover water improvements. Bond No. PB 300 11 964 in the amount of $185,500 to cover sewer improvements. Bond No. PB 300 11 965 in the amount of $40,000 to cover subdivision monumentation. Bonds No. PB 300 11 964 in the total amount of $1,043,750 to cover materials and labor for street, water, and sewer improvements. r:%agdrpt\98~O922\tr229152.fin Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership. The subject Tract 22915-2 was one of three for which Costain Homes Inc. became the sole developer. Costain Homes Inc. executed a new agreement and substituted new bonds in the full amount. On June 14, 1994, the City Council authorized partial reduction in the faithful performance security amounts, and accepted the following substituted bond in the appropriate reduced amounts as posted by Amedcan Motorists Insurance Company: Bond No. 3SM 802 895 00 in the total amount of $730,625 for Faithful Performance for streets, water and sewer improvements. The subdivider also posted replacement bonds for the full amount for the following items: Bond No. 3SM 802 895 00 in the total amount of $1,043,750 for Labor and Materials for streets, water, and sewer improvements. Bond No. 3SM 802 669 00 in the amount of $40,000 for subdivision monumentation. On June 10, 1997, the City Council accepted the public improvements and the subdivision monumentation, initiated the one-year warranty period, and authorized reduction in Faithful Performance security amounts to the following ten-percent (10%) warranty level: Street, water, and sewer improvements Bond No. 3SM 802 895 00 $179,250 The one-year warranty period having run and the developer having satisfactorily completed all necessary repairs/replacements of public improvements, Public Works Staff recommends release of that Faithful Performance Warranty Security. The subdivider is required to post security for labor and materials claims to assure payment to suppliers of these elements in public improvement development. The contractual six-month lien period having run since the City Council accepted the public improvements, and no claims having been made, Staff recommends release of the following security: Bond No. 3SM 802 895 00 in the total amount of $1,043,750 for labor and materials for street, sewer, and water improvements. The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 97-55 on June 10, 1997. The streets accepted within the subdivision are Camino Casana, Corte Lara, Corte Palacio, Via Baldarama, and podions of Camino Nunez, Rancho Vista Road, Via Valdez, and Butterfield Stage Road. FISCAL IMPACT: None ATTACHMENTS: Location Map 2 R:%AGDRFT'~98%0922~TR229152. FIN VICI'bTITY MAP ~ I Tract Map No. 2~-91 ~'~ocation Man NOTE: MAPS NOT TO SCAI.E ITEM TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council .t~Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 22916-3. (Northwesterly corner of intersection of Pauba Road at Butterfield Stage Road) PREPARED BY: ~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: 1. AUTHORIZE release of the Faithful Performance Warranty and Labor and Materials Securities in Tract No 22916-3. 2. DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On September 18, 1990, the City Council approved Tract No. 22916-3 and entered into agreements with: Tayco (Joint Venture of Taylor Woodrow & Costain Homes, Inc.) for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds posted by American Home Assurance Company as follows: 1. Bond No. PB 300 12 677 in the amount of $1,226,000 to cover street and drainage improvements. 2. Bond No. PB 300 12 677 in the amount of $115,000 to cover water improvements. 3. Bond No. PB 300 12 677 in the amount of $139,000 to cover sewer improvements. 4.. Bond No. PB 300 13 184 in the amount of $23,940 to cover subdivision monumentation. 5. Bonds No. PB 300 12 677 in the total amount of $ 740,000 to cover materials and labor for street and drainage, water, and sewer improvements. \~TEMEC_FS201~DATA~EPTS~PW~AGDRPT~98\0922~TR229163.FINDOC 1 Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership. The subject Tract 22916-3 was one of three for which Costain Homes Inc. became the sole developer. Costain Homes Inc. executed a new agreement and substituted new bonds in the full amount. On June 14, 1994, the City Council accepted the following substituted bonds as posted by American Motorists Insurance Company: Bond No. 3SM 802 784 00 in the total amount of $1,480,000 for Faithful Performance for streets, water and sewer improvements. o Bond No. 3SM 802 784 00 in the total amount of $740,000 for Labor and Materials for streets, water, and sewer improvements, 3. Bond No. 3SM 802 670 00 in the amount of $26,400 for subdivision monumentation. On May 27, 1997, the City Council accepted the public improvements and subdivision monumentation, initiated the one-year warranty period, and authorized reduction in Faithful Performance security amounts to the ten-percent (10%) warranty amount as follows: Street, water, and sewer improvements Bond No. 3SM 802 784 00 $148,000 The subdivider is required to post security to assure payment for labor and materials for the public improvements. The contractual six-month lien pedod following City Council acceptance of the public improvements has run and no claims for labor or materials have been filed. Therefore Staff recommends release of the following security: Bond No. 3SM 802 784 00 in the total amount of $740,000 for Labor and Materials for street, water and sewer improvements. The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 97-48 on May 27, 1997. The streets accepted within the subdivision are Camino Merano, Corte Zamora, and podions of Code Parado, Camino Nunez, and Butterfield Stage Road. The portion of Pauba Road will be recommended for acceptance at the time of City Council acceptance of Pauba Road construction performed under Assessment District No. 159. FISCAL IMPACT: ATTACHMENT: None Location Map \\TEMEC_FS201~DATA~DEPTS'CW~AGDRPT~98\0922~TR229163.FIN.DOC 2 TRACT N9 2.2915 - 2 :~,1..~. ~!7:! 51' 5~ N'~ T "') .... ~ pAUZ~A j;zO'bJ:) TRACT NO. 22916 - :,'5 Location Ma: ITEM 7 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Parcel Map No. 28530-2, Located on the Southwest comer Winchester Road (Highway 79) and Margarita Road. PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Ward B. Maxwell, Assistant Engineer RECOMMENDATION: That the City Council approves Parcel Map No. 28530-2 in conformance with the Conditions of Approval, Subdivision Monument Agreement and' accept the Monument Bond as security for the agreement. BACKGROUND: The City of Temecula Planning Director approved tentative Parcel Map No. 28530, on May 29, 1997. The Developer, Forest City Enterprises, Inc. has met all of the Conditions of Approval. Parcel Map No. 28530-2 is a fourteen- (14) parcel commercial subdivision, of 34.3 net acres, located on the Southwest corner Winchester Road and Margarita Road. The site is currently undeveloped. The following fees have been deferred for Tract Map No. 28530-2: Public Facilities Development Impact Fee - Due prior to issuance of a building permit Area Drainage Plan - Due .prior to issuance of building permit FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Location Map Parcel Map No. 28530-2 %~TEMEC_FS201~DATA~EPTStPW~GDRP'l~98~O922~28530-2m. FNLdOc CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Parcel Map No. 28530-2 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Public Facility Development Impact Fee CONDITIONS OF APPROVAL To be paid prior to issuance of building permit To be paid prior to issuance of building permit ~ITEMEC_FS201~DATA~EPTSIPW~AGDRPTLo8%0922~28530-2m. FNLdoC CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 28530-2 IMPROVEMENTS DATE: SEPTEMBER 22, 1998 FAITHFUL PERFORMANCE SECURITY Street and Drainage $ 0 Water $ 0 Sewer $ 0 Monument $ 8,800 TOTAL $ 8,800 MATERIAL & LABOR SECURITY $ $ $ $ $ 0 0 0 0 0 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Public Facilities Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Tract Map Plan Check Fees Paid to Date Balance of Fees Due * T.B.D. - To Be Determined $ $ $ $ $ $ $ $ 0.00 T.B.D.* T.B.D.* 115.00 8.00 1030.00 1,153.00 0.00 I~TEMEC_FS201~DATAIDEPTSIPW~GORP'1'~922~28530-2m. FNL.doc PROJECT S ITE VICINITY MAP NOT TO SCALE I d 'LL] , I::C :~ CL, ~ / / ~,~d/.~o\z-o;~e'g%amd%,qeoV. zmot\v. Lvoa~99,:ee\ fH // SaSU~V. ZO\.~-C~';gZWe~aaO%/.ZO~.~\VLVOd%M\ ~ ITEM 8 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Parcel Map No. 26488, Located on the northeast corner Walcott Lane and Calle Chapos. PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Ward B. Maxwell, Assistant Engineer RECOMMENDATION: That the City Council approves 1 ) Parcel Map No. 26488 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: The City of Temecula Planning Director approved tentative Parcel Map No. 26488, on October 24, 1991. An extension of time was approved by the City of Temecula Planning Director on November 24, 1997 and expires on October 24, 1998. The Developer, Mr. Jay Vanderwal, has met all of the Conditions of Approval. Parcel Map No. 26488 is a four- (4) parcel residential subdivision, of 3.56 net acres, located on the northeast corner Walcott Lane and Calle Chapos. The site is currently undeveloped. The following fees have been deferred for Tract Map No. 26488: Public Facilities Development Impact Fee - Due prior to issuance of a building permit Area Drainage Plan - Due prior to issuance of building or grading permit, which ever occurs first. FISCAL IMPACT: None ATTACHMENTS: Development Fee Checklist Fees & Securities Report Project Vicinity Map R:~AGDRPT~8~0922~26488m. FNL.doc ,I 4. Parcel Map No. 26488 R:~,GORPT~98~0922~.6488m. FNL .doc CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Parcel Map No. 26488 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Public Facility Development Impact Fee CONDITIONS OF APPROVAL To be paid prior to issuance of building or grading permits, which ever occurs first. To be paid prior to issuance of building permit R:~AGDRPT~98~0922~6488m,FNLdOC VICINITY MAP 4: OC) C) C~ i, CC) "' o . Ld ~]' 0 Z < (.C) 0._ I_~ Ce . O Ld 0 rr 7 b.. L~ 0 0 0 rY O_ 0 C) Ld I Z 0 ::~ -- F- 0 rn Ld ~ t-- LO Z Ld i. 0 0 bJ<~ 7 0 O Ldh bj~ (J I-- Z i,l__ C) Z Z 00 O~ ::~ 0 0 Z bJ _J h Z > o z o ::.-'..., !: .og - ,I: 3'IV:)S OIHdv~ej 001 0~ · Og = .I: T'IVOS OlHdVBD ITEM 9 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Award of Construction Contract for the 1-15 Southbound Off-Ramp Widening at Winchester Road, Project No. PW97-03 PREPARED BY: ,IJf~illiam G. Hughes, Senior Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Reject the low bid received from SLM Construction with the contractors concurrence based on insufficient evidence to show that SLM Construction has performed similar work on a Federal Highway and release their Bid Bond. Award a construction contract for the 1-15 Southbound Off-Ramp Widening at Winchester , Project PW97-03 to Riverside Construction Company in the amount of $234,000.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of ~23,400.00, which is equal to 10% of the contract amount. BACKGROUND: The City Council has appropriated funds for the proposed I-15 Off- Ramp Widening at Winchester Road Project in this year's Capital Improvement Program. This project consists of widening the southbound off-ramp at 1-15 and Winchester Road, from Winchester Road to the Santa Gertrudis Creek bridge. This project includes grading, paving, landscaping, irrigation, street lighting, signing, striping, and traffic signal modification improvements. To provide for this widening, the southbound loop on-ramp will be moved to the east. Also, there will be two striping changes for the eastbound traffic on Winchester Road. The change will provide dual right turn lanes onto Ynez Road and onto the northbound loop on-ramp from Winchester Road. R:XAGDRPT\98\0922XPW97-03.AWD.DOC/seh Four (4) bids were publicly opened on September 10, 1998, and the results for the bid are as follows: 1. SLM Construction .................................. $216,849.10 2. Riverside Construction Company ....................... $234,000.00 3. 4-Con Engineering, Inc .............................. $249,194.50 4. Godot Enterprises, Inc .............................. $258,953.00 Staff has reviewed the bid proposals and found Riverside Construction Company to be the lowest responsible bidder for this project. SML Construction is a new company and at the present time has not assembled their own company employees or equipment, and can not show company references. This would be their first contract. Riverside Construction Company has proven experience and has performed similar work for the City. The specifications allow Forty-five (45) working days for completion of this project. Work is expected to be completed by January of 1999. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: This project is a Capital Improvement Project. Adequate funds are available in Capital Reserves and Redevelopment Agency funds Account No. 210-165-697- 5804. ATTAC HM ENTS: Contract R:XAGDRFF\98X0922XPW97-03,AWD,DOC/seh CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW97-03 WINCHESTER ~ 15 OFF-RAMP WIDENING THIS CONTRACT, made and entered into the 22nd day of September, 1998, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Riverside Construction Company, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.8. 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. PW97- 03, WINCHESTER ~i) 15 OFF-RAMP WIDENING, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1995 Ed.), Special Provisions, and Technical Specifications for PROJECT NO. PW97-03, WINCHESTER ~ 15 OFF-RAMP WIDENING. The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the Special Provisions, and Technical Specifications for PROJECT NO. PW97-03, WINCHESTER ~ 15 OFF-RAMP WIDENING. 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. 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: r:\cip\projects\pwg?\pwg?-03\contract CONTRACT 1 PROJECT NO. PW97-03, WINCHESTER ~ 15 OFF-RAMP WIDENING 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. 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. 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: TWO HUNDRED THIRTY FOUR THOUSAND DOLLARS and NO ($234,000.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Forty-five (45) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 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. PAYMENTS. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City 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 City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: Be Pursuant to Section 20104.50 of the Public Contracts 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. r:\cip\proj ects\pw97\pw97-O3\contract CONTRACT 2 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. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contracts 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. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000- $75,000 $75,000- $500,000 Over $500,000 RETENTION PERIOD 180 days 180 days One Year RETENTION PERCENTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 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. 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. CONTRACTOR is required to promptly notify CITY of any such delay. 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 CONTRACT :~cip\projects\pw97\pw97-O3\Contract 10. 11. 12. 13. 14. required to execute an affidavit, release, and indemnity agreement with each claim for payment. 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 on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of ~25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. 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, 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 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. 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. 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. CONTRACT :\cip~rojects\pw97\pw97-O3\Contract 15. 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. 16. 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. 17. 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. 18. 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 plans 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. 19. 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. 20. 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. 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 CONTRACTDR as set forth in the Contract Documents, and to the CITY addressed as follows: :~cip\projects\pw97\pw97-O3\Contract CONTRACT Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive 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 Riverside Construction Company P.O. Box 1146 Riverside, CA 92502 Phone: (909) 682-8308 By: C.T. Harmon, Jr. President DATED: APPROVED AS TO FORM: CITY OF TEMECULA By: Ron Roberrs, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT :~cip~projects\pw97\pw97-O3\Contract ITEM 10 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council .,,~L--Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Margarita Road North of Overland Drive Improvements, Work Authorization Agreement for the Cost of Installation of 19 Street Lights, ~ Project No. PW97-07 PREPARED BY:/J~7~i~/illiam G. Hughes, Senior Engineer- Capital Projects RECOMMENDATION: That the City Council: Approve the Interagency Agreement with Southern California Edison Company (SCE) and authorize the Mayor to execute documents. 2. Authorize payment to SCE for street light installation in the amount of $21,683.48. BACKGROUND: During the design phase of the project, the City received a Work Authorization Agreement from SCE for the cost of installing streetlights for Margarita Road Improvements (Project No. PW97-07). This SCE Agreement sets forth the terms and conditions associated with the street light installation. The Agreement includes construction drawings of the work to be performed, the City's responsibilities, and SCE's responsibilities during construction. The streetlights will be installed during the Margarita Street widening project. SCE is requesting the City pay the sum of $21,683.48. FISCAL IMPACT: Adequate funds for this portion of the work as described, is available in Account No. 210-165-681-5804. ATTACHMENT: SCE Agreement r: \agdrpt\97\O922\sceagrmtpw97-07. \n EI)ISO", I\TERx, lt'IO\ I1_ ' Ct!mpan5 RICH SOLTYSIAK CITY OF TEMECULA 43200 BUSINESS PARK DR TEMECULA, CA 92590 August 13, 1998 Subject: SCE Project Number: 6477-4295, 84010 Project location: MARGARITA/N. GEN KEARNEY TEMECULA, CA 92590 Thank you for the opportunity to assist you with your electrical needs. The information provided below indicates requirements needed to complete your project. Please read and follow the directions so that your project may be completed in a timely manner. o Enclosed are two copies of our invoice. Return one copy of the invoice with your payment. o Please return all applications and/or agreements fully completed. Please return the documents and/or payment in the enclosed self-addressed envelope. After receipt of the required documents, your project will be scheduled for construction. If you have any questions, feel free to call me at (909)928-8392. Sincerely, Enclosures PAUL MCDONNELL Customer Service Planner 201 O0 Mcnifee Rd. Romoland. CA 92585 SOUTHERN CALIFORNIA EDISON STREETLIGHT AUTHORIZATION DEVELOPER/APPLICANT MUST PROVIDE THIS FORM COMPLETED B Y THE PUBLIC AUTHORITY FOR ANY SCE-OWNED STREETLIGHT INSTALLATION, REMOVAL OR CHANGE REQUESTS Incomplete forms will be returned and not processed PUBLIC AUTHORITY NAME: Builder/Developer Name: Tract/Ref # Please Check one: Number of Lamp(s) Phone #: Streetlight Location ~ ~,~q_P,,A'~\~ [] Installation G Removal ~ Change ~mp Size Lamp Typ. e Builder/Developer Advanced Energy Payment collected by: (check one) SCE or *Gove ment Agency rn *Date collected by Govemment Agency (if applicable) When is the Public Authority responsible for streetlight energy charges ? __ Upon Energizing At a Future date *Not Applicable *Perm ent party responsible for energy charges if "NOT APPLICABLE" was checked. an __Developer __ Homeowners Assoc. __Private Party __ Other Public Authority Terms of Acceptance or Special Notes (By Govemment Agency): Energy Billing: Establish new account __ Existing SERV ACCT # (account #) Print name Authorized Public Authority Agent Date Signature Phone # TO BE COMPLETED BY SCE Title ACTION: ENTER TRACTIREF# ON STREETLIGHT WORK ORDER FACEPLATE PLANNER NAME (PRINT) FORWARD THIS FORM WITH MAP AND APPLICATION TO "Streetlight Organization" LBOB 8TH FLR sce:Rev 5/14/98 \n t:'I)ISO \ I \ I ER.\ t710\.~1, " Crimpany August 13, 1998 SALES INVOICE NAME: PROJECT LOCATION: CITY OF TEMECULA MARGARITA/N. GEN KEARNEY TEMECULA, CA 92590 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: PAUL MCDONNELL 26100 MENIFEE MENIFEE, CA 92585 PROJECT DESCRIPTION: *'8-4010'* INSTALL 19 - 22,500L LPSV LS-1 STREET LIGHTS. All prices are applicable for a period of 90 days from this date and are subject to change thereafter. CUSTOMER INVOICE INFORMATION : SCE ACCOUNTING NON-REFUNDABLE Construction Cost $ TOTAL = $ PLEASE PAY THIS AMOUNT 21,683.48 21,683.48 $ 21,683.48 Non-Refundable(Taxable) 142,130 = $ 10,830.00 Non-Refundable Tax 253.930 = $ 10,853.48 : TOTAL $ 21,683.48 : : SCE PROJECT NUMBER: : 6477-4295, 84010 : C.W.O.# C.J.O.# : -Name: CITY OF TEMECULA : Prj Loc MARGARITA/N. GEN KEARN : TEMECULA, CA 92590 2b 100 Mcnifce Rd. Romoland. CA 92585 \n EDISON I,N TISRN.4TIO,\ IL Company August 13, 1998 SALES INVOICE NAME: PROJECT LOCATION: CITY OF TEMECULA MARGARITA/N. GEN KEARNEY TEMECULA, CA 92590 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: PAUL MCDONNELL 26100 MENIFEE MENIFEE, CA 92585 PROJECT DESCRIPTION: *'8-4010'* INSTALL 19 - 22,500L LPSV LS-1 STREET LIGHTS. All prices are applicable for a period of 90 days from this date and are subject to change thereafter. CUSTOMER INVOICE INFORMATION : SCE ACCOUNTING NON-REFUNDABLE Construction Cost $ TOTAL = $ PLEASE PAY THIS AMOUNT 21,683.48 21,683.48 $ 21,683.48 Non-Refundable(Taxable) 142,130 = $ 10,830.00 Non-Refundable Tax 253.930 = $ 10,853.48 : TOTAL $ 21,683.48 : : SCE PROJECT NUMBER: : 6477-4295, 84010 : C.W.O.# C.J.O.# : · Name: CITY OF TEMECULA : Prj Loc MARGARITA/N. GEN KEARN : TEMECULA, CA 92590 20100 Mcnifce Rd. Romoland. CA 92585 ITEM 11 APPROVA~ CItY A'I'I'ORNEY CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ~.,_Joseph Kicak, Director of Public Works/City Engineer DATE: / September 22, 1998 SUBJECT: Margarita Road North of Overland Drive Improvements, Work Authorization Agreement for the Cost to Underground Existing Facilities, Project No. PW97-07 PREPARED BY: 4'~illiam G. Hughes, Senior Engineer- Capital Projects RECOMMENDATION: That the City Council: 1. Approve the Interagency Agreement with Southern California Edison Company (SCE) and authorize the Mayor to execute documents. 2. Authorize payment to SCE for undergrounding an existing overhead electrical system in the amount of $8,002.00 BACKGROUND: Dudrig the design phase of the Margarita Street Improvement project, the City received a Work Authorization Agreement from SCE for the cost of undergrounding existing overhead electric facilities for Margarita Road Improvements (Project No. PW97-07). This SCE Agreement sets forth the terms and conditions associated with the undergrounding. The Agreement includes construction drawings of the work to be performed, the City's responsibilities, and SCE's responsibilities during construction. The work will be performed during the Margarita Street widening project. SCE is requesting the City pay the sum of $8,002.00. FISCAL IMPACT: Adequate funds for this portion of the work as described, is available in Account No. 210-165-681-5804. ATTACHMENT: SCE Agreement r: \agdrpt\97\O922\sceagrmtpw97-O7a/ajp 1 III SOUIHERN CALifORNIA EDISON \n t:DI,'~O \ 1x, 'f'l_'R \. 1110 ", ~/, ' C~m~pan?. RICH SOLTYSIAK CITY OF TEMECULA 43200 BUSINESS PARK DR. TEMECULA, CA 92590 August 13, 1998 Subject: SCE Project Number: 6577-7160, 77123 Project location: MARGARITA/N GEN KEARNY TEMECULA, CA 92590 Thank you for the opportunity to assist you with your electrical needs. The information provided below indicates requirements needed to complete your project. Please read and follow the directions so that your project may be completed in a timely manner. o Enclosed are two copies of our invoice. Return one copy of the invoice with your payment. o Please return all applications and/or agreements fully completed. Please return the documents and/or payment in the enclosed self-addressed envelope. After receipt of the required documents, your project will be scheduled for construction. If you have any questions, feel free to call me at (909)928-8392. Sincerely, Enclosures PAUL MCDONNELL Customer Service Planner 26100 Mcnit'cc Rd. Romoland. CA 92585 AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES (Substructure Installation by Applicants) {ESM 12.3o. St1 THIS AGREEMENT, made this 14th day of July , 19 98 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Utility', and the party or parties whose names are subscribed hereunder as 'Applicants', City Of Temecula WITNESSETH: WHEREAS, Applicants have requested Utility, pursuant to Section B. of Utility's Rule No. 20, Replacement of Overhead with Underground Distribution Facilities, to replace. Utility's existing overhead with underground distribution facilities at the location or locations in the County of w i ver,~i de , State of California, substantially described as follows: Margarita / North General Kearny Temecula, Ca and as shown on the map attached hereto and made a part hereof; and .WHEREAS, a.' It is necessary for all property owners served from Utility's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be · furnished from Utility's underground distribution system in accordance with Utility's rules and that Utility may discontinue Utility's overhead service upon completion of Utllity's underground facilities, or b. Suitable legislation is in effect requiring such property owners to make such necessary wiring changes and authorizing Utility to discontinue Utility's overhead service; and WHEREAS, Underground service connections to each applicant from Utfiity's underground distribution system will be installed and maintained as provided in Utility's rules applicable thereto; NOW, THEREFORE, in consideration of the premises, and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows, viz.: 1. Applicants will pay to Utility concurrently with the execution hereof the nonrefundable amount of $ 495,09which is the excess, if any, of the estimated costs, exclusive of transformers, meters and services, of completing the underground system over building a new equivalent overhead. system. The amount contributed thereto by. each of said Applicants is designated aRer his name herein- after. 2. Applicants will furnish and install the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, and electroller bases, and perform other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaying required in con- nection with installation of the underground system, all in accordance with Utility's specifications and timing requirements at Applicant's expense. 3. Utility will complete the undergrounding of said overhead distribution facilities, pro- vided, however, Utility has been granted rights of way therefor satisfactory to and without cos~ to Utility. JSOUTHERN CALIFORNIA EDISON · \n LDISOV IX TER,X, ITIO"x 11_ .,I Coinpan>, August 13, 1998 SALES INVOICE NAME: PROJECT LOCATION: CITY OF TEMECULA MARGARITA/N GEN KEARNY TEMECULA, CA 92590 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: PAUL MCDONNELL 26100 MENIFEE MENIFEE, CA 92585 PROJECT DESCRIPTION: *'7-7123'* UG EXISTING FACILITIES PER RULE 20B All prices are applicable for a period of 90 days from this date and are subject to change thereafter. CUSTOMER INVOICE INFORMATION : SCE ACCOUNTING NON-REFUNDABLE Relocation Advance $ TOTAL = $ PLEASE PAY THIS AMOUNT 8,002.00 8,002.00 $ 8,002.00 Non-Refundable 142.110 = $ 8,002.00 TOTAL $ 8,002.00 : SCE PROJECT NUMBER: : 6577-7160, 77123 : C.W.O.# C.J.O.# :. Name: CITY OF TEMECULA : Prj Loc MARGARITA/N GEN KEARNY : TEMECULA, CA 92590 20100 Menifee Rd. Romoland. CA 92585 ,\n EDISO \ I \ 7 ER,% I TI()~%', t L"' Crimpany August 13, 1998 SALES INVOICE NAME: PROJECT LOCATION: CITY OF TEMECULA MARGARITA/N GEN KEARNY TEMECULA, CA 92590 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: PAUL MCDONNELL 26100 MENIFEE MENIFEE, CA 92585 PROJECT DESCRIPTION: *'7-7123'* UG EXISTING FACILITIES PER RULE 20B All prices are applicable for a period of 90 days from this date and are subject to change thereafter. CUSTOMER INVOICE INFORMATION : SCE ACCOUNTING NON-REFUNDABLE Relocation Advance $ TOTAL = $ PLEASE PAY THIS AMOUNT 8,002.00 8,002.00 $ 8,002.00 Non-Refundable 142,110 = $ 8,002.00 : TOTAL $ 8,002 . 00 : : SCE PROJECT NUMBER: : 6577-7160, 77123 : C.W.O.# C.J.O.# :. Name: CITY OF TEMECULA : Prj Loc MARGARITA/N GEN KEARNY : TEMECULA, CA 92590 20100 Menifee Rd. Romoland, CA 92585 ITEM 12 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council /L--Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 SUBJECT: Award of Construction Contract for the Winchester Road Sidewalk Project, Project No. PW97-19 PREPARED BY:/11~William G. Hughes, Senior Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Award a construction contract for the Winchester Road Sidewalk Project to All Concrete Construction in the amount of $66,450.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,645.00, which is equal to 10% of the contract amount. BACKGROUND: The City Council has appropriated funds for the proposed Winchester Road Sidewalk Project in this year's Capital Improvement Program. This project will provide a continuous sidewalk for the Chaparral High School students along the west side of Winchester Road from Margarita Road to 500 feet north of Rustic Glen Drive. Each fiscal year 2% of the Local Transportation Funds (SB821) in the County of Riverside are set aside for local agencies for the exclusive use of pedestrian and bicyclist facilities. This project was one of twenty proposals that the Riverside County Transportation Commission approved for funding. Three (3) bids were publicly opened on May 28, 1998, and the results for the bid are as follows: 1. All Concrete Construction ............................ $66,450.00 2. M. Ahmadi Construction & Engineering, Inc ................ $74,750.00 3. Paradise Associates Inc. dba A Park Avenue Builders ......... $78,000.00 R :\AG DRPT\ggxD922\PW97-19, AWD. DOC/seh Staff has reviewed the bid proposals and found All Concrete Construction to be the lowest responsible bidder for this project. All Concrete Construction has satisfactorily completed other projects for the City in the past. The specifications allow Twenty (20) working days for completion of this project. Work is expected to be completed by December of 1998. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: This project is a Capital Improvement Project and there is $72,800 of SB 821 funds allocated for this project. These funds have been appropriated in Accounts No. 210-165-695-5804. ATTACHMENTS: Contract R:\AGDRPT\98M)922\PW97-19.AWD. DOC/gh CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW97-19 WINCHESTER ROAD SIDEWALK PROJECT THIS CONTRACT, made and entered into the 22 day of September, 1988, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and All Concrete Construction, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1,8, 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. PW97-19, WINCHESTER ROAD SIDEWALK PROJECT, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-19, WINCHESTER ROAD SIDEWALK PROJECT. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 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. PW97-19, WINCHESTER ROAD SIDEWALK PROJECT. 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, CONTRACT \\TEMEC_FS201\DATA\DEPTS\PW\CIP\PROJECTS\F'W97\PW97-19\CONTRACT. DOC CA-1 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. 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. PW97-19, WINCHESTER ROAD SIDEWALK PROJECT 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. 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. 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: Sixty-six thousand four hundred and fifty DOLLARS and No CENTS ($66,450.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Twenty (20) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 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. PAYMENTS. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contracts 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. CONTRACT \\TEMEC_FS201 \DATA\DEPTS\PW\CIP~PROJECTS\PW97\PW97-19\CONTRACT. DOC CA-2 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. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contracts 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. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT 825,000- 875,000 $75,000- 8500,000 Over 8500,000 RETENTION PERIOD 180 days 180 days One Year RETENTION PERCENTAGE 3% 82,250 + 2% of amount in excess of 875,000 810,750 + 1% of amount in excess of 8500,000 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 (81,000.00) 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. 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. CONTRACTOR is required to promptly notify CITY of any such delay. 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. CONTRACT \\TEMEC_FS201 \DATA\DEPTS\PW\CIP\PROJECTS\PW97\PW97-19\CONTRACT.DOC CA-3 10. 11. 12. 13. 14. 15. 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 on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. 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, 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. 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. 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. 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. CONTRACT \\TEMEC_FS201 \DATA\DEPTS\PW\CIP~PROJECTS\PW97\PW97-19\CONTRACT. DOC CA-4 16. 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. 17. 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. 18. 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 plans 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. 19. 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. 20. 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. 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: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. CONTRACT \\TEMEC_FS201 \DATA\DEPTS\PW\CIP\PROJECTS\PW97\PW97-19\CONTRACT.DOC CA-5 DATED: CONTRACTOR All Concrete Construction 9708 Ben Nevis Blvd. Riverside, CA 92509 (909) 681-8076 By: Print or type NAME Print or type TITLE DATED: APPROVED AS TO FORM: CITY OF TEMECULA By: Ron Roberrs, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, Acting City Clerk CONTRACT \\TEMEC_FS201 \DATA\DEPTS\PW\CIP\PROJECTS\PW97\PW97-19\CONTRACT. DOC CA-6 ITEM 13 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Professional Services Agreement with Parsons Brinckerhoff Quade & Douglas, Inc. for the I-15 Southbound Off-Ramp Widening at Winchester Road, Project No. PW98-07 PREPARED BY: 4J-~4william G. Hughes, Senior Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Approve the Professional Services Agreement between the City of Temecula and Parsons Brinckerhoff Quade & Douglas, Inc. for the design of the I-15 Southbound Off-Ramp at Winchester Road, Project No. PW98-07, for ~23,626.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,362.60 which is equal to 10% of the contract amount. BACKGROUND: Parsons Brinckerhoff Quade & Douglas, Inc. recently completed the design for the project titled "1-15 Southbound Off-Ramp Widening at Winchester Road, Project No. PW97o03". That design added an additional lane to the southbound off-ramp by widening the ramp from Winchester Road to the Santa Gertrudis Creek Bridge. This proposed preliminary design would continue that widening through the bridge onto the freeway. The first task of this proposal will look at the design alternatives of adding an additional lane to the southbound off-ramp, which includes widening the Santa Gertrudis Creek bridge. The original bridge plans show that the water surface for the Santa Gertrudis Creek is just inches from the bottom of the outside portion of the existing bridge. Due to the existing slope of the off-ramp, additional research along with a hydraulic report and preliminary structural design will be necessary to determine the alternatives to widen the bridge. Once an alternative is chosen, the consultant will submit a preliminary design to Caltrans for their review. The second task for the consultant will be to determine how far to extend the widening onto the I-15 Freeway so to accommodate all of Caltrans requirements. Both tasks include the coordinating this design with all other designs. r:\agdrpt\98\O922\PW98-O7.agr Once the preliminary design is approved by Caltrans, the consultant will provide the City with a design proposal to provide final design plans, specifications, and estimate. FISCAL IMPACT: The total cost for professional preliminary design services for the I-15 Southbound Off-Ramp Widening at Winchester Road, Project No. PW98-07 is $23,626.00, and the contingency of ~2,362.60 for a total amount of $25,988.60. Adequate funds are available in Capital Reserves and Redevelopment Agency funds. ATTACHMENT: Professional Services Agreement r:\agdrpt\98\0922\PW98-07.agr CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES 1-15 SOUTHBOUND OFF-RAMP WIDENING AT WINCHESTER ROAD PROJECT NO. PW98-07 THIS AGREEMENT, is made and effective as of September 22, 1998, between the City of Temecula, a municipal corporation ("City") and Parsons Brinckerhoff Quade & Douglas, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 22, 1998, and shah remain and continue in effect until tasks described herein are completed, but in no event later than September 22, 1999, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Twenty-three thousand six hundred and twenty-six Dollars and No Cents ($23,626.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant' s fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. -1- r:\cip\projecta\pw98\PW98-O7\pbqdl .agr 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, tbr any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the perti~rmance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the pertbrmance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expends, receipts and other such information required by City that relate to the perfbrmance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the repre~ntatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as neces~ry, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be pertbrmed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware t~r purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consenl of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perfbrm under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Empioyer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductihles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the fbilowing provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or -3- automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not afI~ct coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best' s rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's ~rms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel per/k~rming the services under this Agreement on behalf of Consultant shall at all times be under Consultant' s exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the perthfinance of this Agreement. Except for the/~es paid to Consultant as provided in the Agreement, City shall not pay ~laries, wages, or other compensation to Con~ltant tbr performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by tifflure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All int~rmation gained by Consultant in perti3rmance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters 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 Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant aM/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the fight by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date'and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set tbrth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Parsons Brinckerhoff Quade & Douglas, Inc. 685 East Carnegie Drive, Ste. 210 San Bernardino, CA 92408-3507 Phone: (909) 888-I 106 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Rick Simon shall pertixm the services described in this Agreement. Rick Simon may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Rick Simon from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full tbrce and efti~ct, all licenses required of it by law tbr the pertk~rmance of the services described in this Agreement. -5- 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or t~deral district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be enlitied to actual and reasonable attorney t~es and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the pertbrmance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Ron Roberts, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT By By: -6- EXHlBIT A TASKS TO BE PERFORMED -7- Ioo YEARS Parsons Brinck erhoff 685 East Carnegie Drive Suite 210 San Bernardino. CA 92408-3507 909-888-1106 Fax: 909-889-1884 August24,1998 Mr. Scott Harvey City of Temecula 43200 Business Drive P.O. Box 9033 Temecula, CA 92589-9033 RECEIVED AUG 2 5 1998 CITY OF TEMc:L;ULA ENGINEERING DEPARTMENT Subject: Proposal for Engineering Services I-15 / Winchester Road Dear Mr. Harvey: We are pleased to submit this proposal to provide engineering services to the City of Temecula. The work involves design of improvements to the southbound off-ramp from 1-15 to Winchester Road. We recently completed the design of improvements to the southbound exit ramp at Winchester Road. These improvements include widening of the ramp from Winchester Road up to the bridge carrying the ramp over Santa Gertrudis Creek. It is now intended to widen the bridge over the creek and extend an auxiliary lane along southbound 1-15 to the north to create a two-lane exit ramp configuration which can improve the safety and operations of the exit ramp. Two issues are involved at this location which will affect the design. First, it appears that the structure carrying the ramp over the creek cannot be widened to the outside and must be widened to the inside. According to the as-built plans, the design water surface in the creek is within inches of the bottom of the existing bridge. With the superelevation sloping to the outside, any widening to the outside would impact this water surface, which would not be acceptable to Caltrans. It appears that widening to the inside is feasible, although the design of the exit ramp gore will be somewhat complicated. The second issue is the length of the auxiliary lane. Section 504.3(5) of the Caltrans Highway Design Manual requires a minimum length of 400 meters for an auxiliary lane approaching an exit ramp. The southbound roadway of 1-15 has a lane drop from five lanes to four lanes occurring between 600 and 800 meters north of the Winchester Road exit. It would make more sense to extend the auxiliary lane north to connect to the fifth lane on 1-15 so that there would be a continuous five lane section on southbound 1-15 from the 1-15/1-215 merge down to Winchester Road. Over a Century of Eneineerin9 Ex:e#lence I0o Caltrans will require a hydraulic report as part of the design of the bridge widening at Santa Gertrudis Creek. We propose one task (Task 1 ) to prepare this hydraulic report and a second task (Task 2) to prepare a preliminary design plan of the exit gore with Caltrans. This effort will determine the configuration of the widening project prior to proceeding with final design. A more detailed description of the scope of work is attached on the following pages. Schedule We can complete tasks 1 and 2 within three weeks of a notice-to-proceed date. Summary The costs for the two tasks described above, as well as a more detailed scope of work. are shown on the attached pages. Please note that our current contract with the City has a budget of $110,538 and to date we have spent only $33.000 of this. Some of this remaining budget could be applied to these tasks if the City wishes to do so. Should you have any questions or require additional information, please call me at (909) 888-1106. Sincerely, PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. Rick Simon, P.E. Project Manager Over a Century of En~neerYng Excellence Task I - Bridge Hydraulic Report at Santa Gertrudis Creek This task includes hydraulic analysis and preliminary structural design to develop a recommended alternative for widening the southbound exit ramp structure over Santa Gertrudis Creek from one lane to two lanes. The hydraulic and structural scopes are as follows: Hydraulic Analysis of Santa Gertrudis Creek Bridge The 1976 As-built plans for a previous widening indicate a high water elevation of 1051.10 ft. The soffit of the presently existing bridge marginally clears the high water elevation. The 170 foot wide creek slopes down to the west. The outside widening of the bridge would impact the water surface elevation as defined on the 1976 As-built plans due to the significant superelevation of the roadway. The proposed widening project will require the preparation of a bridge hydraulics report. Several items need to be investigated, including: define the current 50-year and 100-year flows, determine the corresponding water surface elevations, determine the resulting amount of freeboard, determine any deficiencies due to the scour potential. and identify possible protective measures. Even if the structure is widened on the inside, it is possible that the design flood elevation would impact the superstructure of the bridge. The options to prevent this are limited because the existing structure and channel are in place and not easily modified without great expense. If there is a hydraulic deficiency due to the updated flows and the bridge widening, possible protective measures will be proposed, but it is possible that the deficiency cannot be eliminated. Summary: Prepare simplified hydraulics report determining updated design flood elevation and any deficiencies of the existing or proposed structure including scour potential. Hours Supervising Engineer 30 Senior Engineer 60 Advance Planing Study Our Initial evaluations based on the as-built plans of the Santa Gertrudis Creek Bridge indicate that the water way under the bridge is potentially constricted considering the high water elevations shown on the plans. The primary objective of the Advance Planing Studies (APS) will be to develop a widening configuration for the bridge and to determine if widening is feasible with no modification to the channel or the existing bridge. The developed structure type will be presented in a General Plan showing the layout of the proposed structure, key geometric controls, and modifications to the existing slope protection structures if necessary. A preliminary cost of construction will be included. Task 2 - Preliminary Design at Exit Gore at Winchester Road The structure carrying the southbound exit ramp to Winchester Road over Santa Gertrudis Creek is located immediately downstream of the exit gore on 1-15. Because of this condition, the widening of the structure to the inside may require deviations from Caltrans design standards for cross slopes of pavement at an exit ramp gore. Under this task we will develop a plan for accommodating the widening of the structure and maintaining, to the extent possible, Caltrans design standards for the ramp geometrics. The preliminary design developed under this task will be reviewed with Caltrans to gain their concurrence. Detailed design will be covered under a separate task to be negotiated at a later date. Field surveys will be required to establish existing edge of pavement elevations and cross slope information prior to developing the preliminary design. EXHIBIT B PAYMENT SCHEDULE -8- STAFF TITLE PIC PROJ MGR QNQC CIVIL STRUCTURES STRUC ENGR ENGR SUPP CADD OPER PROJ ADMIN Winchester Road Cost Estimate Summary TOTAL STAFF NAME HOURS 0 8 30 84 24 0 56 28 4 AVERAGE HOURLY RATE $45.00 $40.00 $38.00 $36.00 $34.00 $27.00 $21.00 $20.00 $15.50 LABOR COSTS $0 $320 $1,140 $3,024 $816 $0 $1,176 $560 $62 DIRECT LABOR SUBTOTALS 234 $7,098 IDIRECT LABOR TOTAL OVERHEAD (157% PROVISIONAL) IINDIRECT COST SUBTOTAL OTHER DIRECT COSTS (ODC'S): CADD PC MILEAGE REPRODUCTION POSTAGE/DELIVERIES PHONE MISCELLANEOUS 28 28 0 hrs at $15/hr hrs at $5/hr miles at $0.325/mile I TOTAL OTHER DIRECT COSTS IFEE (10% OF LABOR & OVERHEAD) i TOTAL PB COSTS SUBCONSULTANTS: LEIGHTON & ASSOCIATES WEBB ASSOCIATES $0 $3,000 $~098 $11,144 $11,144 $420 $140 $0 $0 $0 $0 $0 $560 $1,824 $2~626 SUBTOTAL SUBCONSULTANT COSTS $3,000 TOTAL SUBCONSULTANT COSTS TOTAL PROJECT COSTS $3,000 $23,626 I-15 / Winchester Road Task 1 Summary TOTAL AVERAGE LABOR STAFF TITLE STAFF NAME HOURS HOURLY COSTS RATE PIC 0 $45.00 $0 PROJ MGR 4 $40.00 $160 QNQC 30 $38.00 $1,140 C IVI L 60 $36.00 $2,160 STRUCTURES 24 $34.00 $816 STRUC ENGR 0 $27.00 $0 ENGR SUPP 16 $21.00 $336 CADD OPER 20 $20.00 $400 PROJ ADMIN 2 $15.50 $31 DIRECT LABOR SUBTOTALS 156 $5,043 OVERHEAD (157% PROVISIONAL) $7,918 OTHER DIRECT COSTS (ODC'S): CADD 20 hrs at $15/hr $300 PC 8 hrs at $5/hr $40 MILEAGE 0 miles at $0.325/mile $0 REPRODUCTION $0 POSTAGE/DELIVERIES $0 PHONE $0 MISCELLANEOUS $0 , SUBCONSULTANTS: LEIGHTON & ASSOCIATES WEBB ASSOCIATES $0 SUBTOTAL SUBCONSULTANT COSTS $0 STAFF TITLE PIC PROJ MGR SUPERVISING ENG CIVIL STRUCTURES STRUC ENGR ENGR SUPP CADD OPER PROJ ADMIN 1-15 1 Winchester Road Task 2 Summary TOTAL STAFF NAME HOURS AVERAGE LABOR HOURLY COSTS RATE 0 $45.00 $0 4 $40.00 $160 0 $38.00 $0 24 $36.00 $864 0 $34.00 $0 0 $27.00 $0 40 $21.00 $840 8 $20.00 $160 2 $15.50 $31 DIRECT LABOR SUBTOTALS 78 $2,O55 OVERHEAD (157% PROVISIONAL) $3,226 OTHER DIRECT COSTS (ODC'S): CADD PC MILEAGE REPRODUCTION POSTAGE/DELIVERIES PHONE MISCELLANEOUS 8 hrs at $15/hr 20 hm at $5/hr 0 miles at $0.325/mile $120 $100 $0 $0 $0 $0 $0 SUBCONSULTANTS: LEIGHTON & ASSOCIATES WEBB ASSOCIATES $0 $3,000 SUBTOTAL SUBCONSULTANT COSTS $3,000 ITEM 14 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council '//~_,~oseph Kicak, Director of Public Works/City Engineer September 22, 1998 SUBJECT: Professional Services Agreement with Parsons Brinckerhoff Quade & Douglas, Inc. for the Southbound Off-Ramp and 1-15 Widening north of Rancho California Road, Project No. PW98-08 PREPARED BY:/~_illiam G. Hughes, Senior Engineer- Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Approve the Professional Services Agreement between the City of Temecula and Parsons Brinckerhoff Quade & Douglas, Inc. for the design of the Southbound Off-Ramp and 1-15 Widening north Rancho California Road, Project No. PW98-08, for $31,618.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,161.80 which is equal to 10% of the contract amount. BACKGROUND: Parsons Brinckerhoff Quade & Douglas, Inc. recently completed the design for the project titled "Winchester @ 1-15 Off-Ramp Widening, Project No. PW97-03". That design added an additional lane to the southbound off-ramp by widening the ramp from Winchester Road to the Santa Gertrudis Creek Bridge. This proposed preliminary design would look into widening the southbound off-ramp at Rancho California Road to two lanes and also widen the freeway to allow for an exclusive exit lane. This proposal will look at the design alternatives of adding an additional lane to the southbound off- ramp with an auxiliary lane extending at least 400 meters to the north along the I-15 freeway. This would include widening the Empire Creek Bridge. The original bridge plans show that the water surface for the Empire Creek is just centimeters from the bottom of the existing bridge. Some additional research along with a hydraulic report and preliminary structural design will be necessary to determine the alternatives to widen the off ramp and/or the bridge. The consultant will also conduct a traffic analysis and develop additional options and cost estimates for the City to consider. Once an alternative is chosen, the consultant will submit a preliminary design to Caltrans for their review. The consultant will also coordinate all other designs known in the project area with this preliminary design. Once the preliminary design is approved by Caltrans, the consultant will provide the City with a design proposal to arovide final design plans, specifications, and estimate. r: \agdrpt\97\O922\PW98-08. agr This project in the Capital Improvement Program and will be funded by CFD88-12, Measure A, Redevelopment, Capital Project Reserves, and DIF funds. FISCAL IMPACT: The total cost for professional preliminary design services for the Southbound Off-Ramp and 1-15 Freeway Widening north of Winchester Road, Project No. PW98-08 is $31,618.00, and the contingency of $3,161,80 for a total amount of $34,779.80, Adequate funds are available in CFD88-12, Measure A, Redevelopment, Capital Project Reserves, and DIF funds. Attachment: Professional Services Agreement - Parsons Brinckerhoff Quade & Douglas, Inc. r:\agdrpt\97\O922\PW98-OB.agr CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES SOUTHBOUND OFF-RAMP AND 1-15 WIDENING NORTH OF RANCHO CALIFORMIA ROAD PROJECT NO. PW98-08 of Temecula, a ("Consultant"). follows: THIS AGREEMENT, is made and effective as of September 22, 1998, between the City municipal corporation ("City") and Parsons Brinckerhoff Quade & Douglas, Inc., In consideration of the mutual covenants and conditions set forth herein, the parties agree as 1. TERM. This Agreement shall commence on September 22, 1998, and shall remain and continue in e~.ct until tasks described herein are completed, but in no event later than September 22, 1999, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall pertbrm the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, pertbrm all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Thirty-one thousand six-hundred and eighteen Dollars and No Cents ($31,618.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its pertbrmance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant tbr the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly tbr actual services pertbrmed. Invoices shall be submitted on or about the first business day of each month, tbr services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant' s t~es it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set tbrth on the invoice. -1- 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work pertbrmed up to the time of termination, provided that the work pertbrmed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without thult or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the pertbrmance of any of the terms or conditions of this Agreement, it shall serve the Cousultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory perfi.~rmance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as neces~ry, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer tiles, surveys, notes, and other documents prepared in the course of providing the services to be perti~rmed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Cortsultant. With respect to computer tiles, Cortsultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transfierring and printing computer tiles. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. -2- 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's proti~ssion. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (l) 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) Employer's Liability: $1,000,000 per accident for bodily injury or dim. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-lnmred Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (l) The City, its officers, officials, employees and voltmteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or -3- automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consuitant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any thilure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's ~ating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverace. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's tbrms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except tbr the t~es paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable tbr compensation or indemnification to Consultant tbr injury or sickness arising out of per/brming services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself intbrmed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. -4- 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response m 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 Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work pertbrmed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant aM/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, Cali/brnia 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Parsons Brinckerhoff Quade & Douglas, Inc. 685 East Carnegie Drive, Ste. 210 San Bernardino, CA 92408-3507 Phone: (909) 888-1106 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Rick Simon shall perti~rm the services described in this Agreement. Rick Simon may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Rick Simon from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and eft~ct, all licenses required of it by law tier the performance of the services described in this Agreement. -5- 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performnee of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Ron Roberrs, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT By By: EXHIBIT A TASKS TO BE PERFORMED -7- I0o Brifickerhoff 685 East Carnegie Ddve Suite 210 San Bernard/no. CA 92408-3507 909-888-1106 Fax: 909-889-1884 August 24, 1998 Mr. Scott Harvey City of Temecula 43200 Business Drive P.O. Box 9033 Temecula, CA 92589-9033 RECEWED ~ U G ?~ 5 1998 Ct'R' 0E 'f~MECULA ENGtNEER~NG DEPARTMENT Subject: Proposal for Engineering Services I-15 / Rancho California Road Dear Mr. Harvey: We are pleased to submit this proposal to provide engineering services to the City of Temecula. The work involves design of improvements to the southbound off-ramp from 1-15 to Rancho California Road. It is intended to widen the ramp to provide additional storage capacity, improvement operations at the ramp terminal, and extend an auxiliary lane along southbound 1-15 to the north to create a two-lane exit ramp configuration which can improve the safety and operations of the exit ramp. At the Rancho California Road interchange, we see two somewhat obvious approaches to improving the traffic operations. Option 1 would be to make the exit ramp a two-lane exit with an auxiliary lane extending 400 meters to the north along 1-15. This will require widening of the bridge carrying 1-15 over Empire Creek. Examination of the as-built plans for this structure reveal that the design water surface appears to be within a few centimeters of the bottom of the bridge. Caltrans will require that a hydraulic report be done for this location as a normal part of the bridge design. Because the hydraulics may determine the configuration of the widening, we propose to prepare the hydraulic report as a first task, with the detailed design to be done under a follow-on task to be negotiated after the design configuration is identified. Option 2 would be to widen the southbound entrance ramp from one lane to two lanes. This will allow for a double left turn for the westbound to southbound movement, which will improve the capacity and operations of the southbound ramp terminal intersection. The unknown factor with this option is whether or not retaining walls will be needed to contain the widened ramp and the associated embankment within the existing right-of- way. Over a Cantury of Engineering Exaellence ~oo YEARS In addition to these two options, there might be other measures which could be implemented to improve the traffic operations. Further study and analysis would be required to identify these and determine their costs. We propose three tasks to identify improvements at the Rancho California Road interchange. Task 1 will be to prepare the bridge hydraulic report at Empire Creek. Task 2 will be to do preliminary design on the southbound entrance ramp to identify how the widening would fit within the existing right-of-way. Task 3 will be to do traffic analysis and develop additional options and cost estimates for the City to consider. Schedule We can complete all three of these tasks within four weeks of a notice-to-proceed. Summary The costs for the three tasks described above, as well as a more detailed scope of work, are shown on the attached pages. Please note that our current contract with the City has a budget of $110,538 and to date we have spent only $33,000 of this. Some of this remaining budget could be applied to these tasks if the City wishes to do so. Should you have any questions or require additional information, please call me at (909) 888-1106. Sincerely, PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. Rick Simon, P.E. Project Manager Over a Century of ~ngineerinq Excellence Task I - Bridge Hydraulic Report at Empire Creek This task includes geotechnical investigation, hydraulic analysis, and preliminary structural design to develop a recommended alternative for widening 1-15 to accommodate one additional traffic lane in the southbound direction. The hydraulic and structural scopes are as follows: Hydraulic Analysis of Empire Creek Bridge The 1976 As-built plans for a previous widening indicate a high water elevation of 1014.80 ft. The As-built plans seem to indicate that this elevation is located under the original northbound span. The soffit of the presently existing northbound bridge clears the high water elevation with adequate freeboard. The 50 foot wide creek slopes down to the west, however, the southbound lanes of 1-15 are at a lower profile grade than the northbound lanes. The high water elevation at the critical point is not clear from the as- built planS. The proposed widening project will require the preparation of a bridge hydraulics report. Several items need to be investigated, including: define the current 50-year and 100-year flows, determine the corresponding water surface elevations, determine the resulting amount of freeboard, determine any deficiencies due to the scour potential, and identify possible protective measures. It is possible that the design flood elevation would impact the superstructure of the bridge. The options to prevent this are limited because the existing structure and channel are in place and not easily modified without great expense. If there is a hydraulic deficiency due to the updated flows and the bridge widening, possible protective measures will be proposed. Summary: Prepare simplified hydraulics report determining updated design flood elevation and any deficiencies of the existing or proposed structure including scour potential. Hours Supervising Engineer 30 Senior Engineer 60 Advance Ptaning Study Our Initial evaluations based on the as-built plans of the Empire Creek Bridge indicate that the water way under the bridge is potentially constricted considering the high water elevations shown on the plans. The primary objective of the Advance Planing Studies (APS) will be to develop a widening configuration for the bridge and to determine if widening is feasible with no modification to the channel or the existing bridge. The developed structure type will be presented in a General Plan showing the layout of the proposed structure, key geometric controls, and modifications to the existing slope protection structures if necessary. A preliminary cost of construction will be included. Task 2 - Preliminary Design of Southbound Entrance Ramp at Rancho California Road This task involves preliminary design for widening the existing single lane southbound entrance ramp to a two-lane entrance configuration. Provisions for future ramp metering will also be considered in establishing the ultimate width for the ramp. It is assumed that no new right-of-way will be acquired for this widening, as the adjacent properties are developed up to the existing right-of-way fence. Given this constraint, it may be necessary to construct retaining walls to contain the widened ramp and its associated embankment within the existing right-of-way. Under this task we will develop a preliminary plan for the widening and discuss it with Caltrans to gain their concurrence. Detailed design and approval will be covered under a separate task to be negotiated at a later date. Task 3 - Traffic Analysis and Alternative Development at Rancho California Road Under this task we will perform an analysis of the traffic operations at the southbound ramp terminal of I-15 and Rancho California Road. Alternative improvements for improving the traffic flow, both on the exit ramp and on Rancho California Road, will be developed and analyzed. Recommendations will be made for which alternatives should be implemented. Detailed design for any improvements developed under this task will be covered under a separate task to be negotiated at a later date. EXHIBIT B PAYMENT SCHEDULE -8- STAFF TITLE PIG PROJ MGR QNQC CIVIL STRUCTURES STRUC ENGR ENGR SUPP CADD OPER PROJ ADMIN Rancho California Road Cost Estimate Summary TOTAL STAFF NAME HOURS 0 16 30 128 24 0 136 36 6 AVERAGE HOURLY RATE $45.00 $40.00 $38.00 $36.00 $34.00 $27.00 $21 .oo $20.00 $15.5o LABOR COSTS $0 $640 $1,140 $4,608 $816 $0 $2,856 $720 $93 DIRECT LABOR SUBTOTALS 376 $10,873 IDIRECT LABOR TOTAL OVERHEAD (157% PROVISIONAL) I INDIRECT COST SUB TO TAL OTHER DIRECT COSTS (ODC'S): CADD PC MILEAGE REPRODUCTION POSTAGE/DELIVERI ES PHONE MISCELLANEOUS 36 68 0 hrs at $15/hr hrs at $5/hr miles at $0.325/mile I TOTAL OTHER DIRECT COSTS IFEE (10% OF LABOR & OVERHEAD) I TOTAL PB COSTS SUBCONSULTANTS: LEIGHTON & ASSOCIATES WEBB ASSOCIATES $10,873 $17,071 $17,071 $540 $340 $0 $0 $0 $0 $0 $880 $2,794 $31,618 $0 SUBTOTAL SUBCONSULTANT COSTS $0 I TOTAL SUBCONSULTANT COSTS TOTAL PROJECT COSTS $0 $31,618 City of Temecula Task 1 Summary TOTAL AVERAGE LABOR STAFF TITLE STAFF NAME HOURS HOURLY COSTS RATE PIC 0 $45.00 $0 PROJ MGR 4 $40.00 $160 QNQC 30 $38.00 $1,140 CIVIL 60 $36.00 $2,160 STRUCTURES 24 $34.00 $816 STRUC ENGR 0 $27.00 $0 ENGR SUPP 16 $21.00 $336 CADD OPER 20 $20.00 $400 PROJ ADMIN 2 $15.50 $31 DIRECT LABOR SUBTOTALS 156 $5,043 OVERHEAD (157% PROVISIONAL) $7,918 OTHER DIRECT COSTS (ODC'S): CADD 20 hrs at $15/hr $300 PC 8 hrs at $5/hr $40 MILEAGE 0 miles at $0.325/mile $0 REPRODUCTION $0 POSTAGE/DELIVERI ES $0 PHONE $0 MISCELLANEOUS $0 SUBCONSULTANTS: LEIGHTON & ASSOCIATES WEBB ASSOCIATES $0 $0 SUBTOTAL SUBCONSULTANT COSTS $0 City of Temecula Task 2 Summary TOTAL AVERAGE LABOR STAFF TITLE STAFF NAME HOURS HOURLY COSTS RATE PIC 0 $45.00 $0 PROJ MGR 4 $40.00 $160 QNQC 0 $38.00 $0 CIVIL 24 $36.00 $864 STRUCTURES 0 $34.00 $0 STRUC ENGR 0 $27.00 $0 ENGR SUPP 40 $21.00 $840 CADD OPER 8 $20.00 $160 PROJ ADMIN 2 $15.50 $31 DIRECT LABOR SUBTOTALS 78 $2,055 OVERHEAD (157% PROVISIONAL) $3,226 OTHER DIRECT COSTS (ODC'S): CADD 8 hrs at $15/hr $120 PC 20 hrs at $5/hr $100 MILEAGE 0 miles at $0.325/mile $0 REPRODUCTION $0 POSTAGE/DELIVERI ES $0 PHONE $0 MISCELLANEOUS $0 SUBCONSULTANTS: LEIGHTON & ASSOCIATES WEBB ASSOCIATES $0 SUBTOTAL SUBCONSULTANT COSTS $0 ]TOTAL PROJECT COSTS ' ' ". ".' $6,029 City of Temecula Task 3 Summary TOTAL AVERAGE LABOR STAFF TITLE STAFF NAME HOURS HOURLY COSTS RATE PIC 0 $45.00 $0 PROJ MGR 8 $40.00 $320 QNQC 0 $38.00 $0 CIVIL 44 $36.00 $1,584 STRUCTURES 0 $34.00 $0 STRUC ENGR 0 $27.00 $0 ENGR SUPP 80 $21.00 $1,680 CADD OPER 8 $20.00 $160 PROJ ADMIN 2 $15.50 $31 DIRECT LABOR SUBTOTALS 142 $3,775 OVERHEAD (157% PROVISIONAL) $5,927 OTHER DIRECT COSTS (ODC'S): CADD 8 hrs at $15/hr $120 PC 40 hrs at $5/hr $200 MILEAGE 0 miles at $0.325/mile $0 REPRODUCTION $0 POSTAGE/DELIVERIES $0 PHONE $0 MISCELLANEOUS $0 SUBCONSULTANTS: LEIGHTON & ASSOCIATES WEBB ASSOCIATES $0 $0 SUBTOTAL SUBCONSULTANT COSTS $0 I TOTAL SUBCONSULTANT COSTS ' '!"r .... .:' . . ..: $O 0 (J 0 o 0 rY 0 0 ITEM 15 APPROVAL C~ CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 SUBJECT: Award of Design / Build Consulting Agreement for Old Town Archways and Concrete Inlays Project No. PW97-05 PREPARED BY: /~ RECOMMENDATION: William G. Hughes, Senior Engineer - Capital Projects That the City Council: Award a design/build consulting agreement for the Old Town Gateway Arch entry monuments and Steel Inlays to A. J. Frick, Civil Engineer, San Jacinto, California in the amount of $199,500.00 and authorize the Mayor to execute the agreement. Authorize the City Manager to approve change orders not to exceed the contingency amount of $19,950.00, which is equal to 10% of the recommended agreement amount. BACKGROUND: On June 11, 1998 the Old Town Streetscape project was awarded to Valley Crest Inc. and funds were appropriated for artistic Gateway Entrance Archways at the north and south entrances to Front Street. The artistic work will include the design, construction and delivery of five (5) artistic steel inlays to be installed at the intersection of Front Street and Main Street. The design and construction of these features are highly specialized and require artistic oversight, structural design and unique steel sculptural fabrication. City staff has worked with local artist Bob Morris, his engineer Mr. Arnulf Frick and other craftsmen to develop a design build concept for the entrance archways and steel inlays. An agreement has been negotiated with Mr. Frick and the other individuals to complete the work. Mr. Frick will be required to enter into subcontracts with City approved licensed contractors for the foundation and structural installation of the archways. The following proposal was received September 10, 1998: A. J. Frick, Civil Engineer ...........................................................$ 199,500.00 Public Bidding procedures were not required for this work because the work is a highly specialized artistic creation and not a public works construction project. Also It would be uneconomical and ' inefficient to perform this work with formal public contract procedures. The proposal has been reviewed and is reasonable for the work required. R:\AGDRPT\98\O922\PW97-O6,AWD ARTVVK.DOC/ajp Mr. Morris will over see the design, construction and installation of the work. Mr. Morris has completed numerous projects in the City of Temecula and in the Old Town Area. Preliminary designs are attached for your review. Mr. Morris has assembled a team of craftsmen, contractors, and an engineer to properly complete the work. Mr. Frick will be working as an agent of the City and he will be required to provide insurance and bonding for his work and his contractors. The agreement specifies that the work be completed on or before November 15, 1998. FISCAL IMPACT: The Old Town Streetscape Project is an RDA Capital Improvement Project and is funded with existing RDA bond proceeds. Adequate funds are available in Account No. 280- 199-824-5804. ATTACHMENTS: Consulting Agreement R:\AGDRPT\98\0922\PW97-05,AWD ARTWK,DOC/ajp CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES OLD TOWN ARCHWAYS PROJECT NO. PW97-05A THIS AGREEMENT is made and effective as of September 22, 1998 between the City of Temecula, a municipal corporation ("City") and A. J. Frick, Civil Engineer, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 22, 1998, and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 22, 1999, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit "A " , attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit "A" . 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit "A" , attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred and Ninety Nine Thousand Five Hundred Dollars and No Cents ($199,500.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2.AGR .DOC 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultam is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2 .AGR.DOC c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from reuse of the design at a location other than that specified in Exhibit "A" without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant" negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REOUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commemial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker' s Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2.AGR.DOC employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the ConsultanUs insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2.AGR.DOC 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To city: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 13. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only those identified in Exhibit "A" shall perform the services described in this Agreement. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2.AGR.DOC 14. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 15. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party 's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2.AGR.DOC CONSULTANT By By: R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2 .AGR.DOC EXHIBIT "A" SCOPE AND TERMS OF SERVICES Consultant shall perform all tasks, provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required necessary to complete the work as described in the attached proposal dated September 15, 1998 to the satisfaction of the City. The consultant will be required to utilize the services of Mr. Bob Morris to coordinate and monitor all work. The consultant shall retain the services of licensed contractors (subject to written approval of the City of Temecula) for all work as appropriate. Work requiring licensed contractors includes but is not limited to construction of the archway foundations, fabrication of the columns and archway beam, and the installation on all structural elements of the Gateway Arches. All work is subject to City review and approval by the CITY. 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. The name and location of the place of business of each subcontractor who will perform work or labor or render service to the consultant shall be provide to the City prior to consultant approving contracts. Substitute of any person, firm, or corporation as subcontractor is subject to the approval of the City of Temecula. The following companies and individuals are approved for use in connection with the performance of this work subject to verification of proper licensing, bonding and insurance: Bob Morris, Artist Larry Donald Masonry, Concrete and Masonry License No. 5 12407 Howe Welding & Fabrication, License No. 544458 All onsite work shall be coordinated with the City of Temecula and Valley Crest Construction ( Streetscape Contractor) to avoid interruption of work being performed by others. All work performed by the consultant and his contractors shall be conducted with proper building and public encroachment permits. As-built plans will be required for the Gateway Arches. Requests for payment shall be made on a monthly basis for percent of work completed and approved by the City. Partial payments shall not be considered as an acceptance of any part of the work. The Five Steel Inlays shall be delivered to the intersection of Front Street and Main Street on or before October 15, 1998 or as otherwise agreed by the City of Temecula. The Gateway archways shall be completed on or before November 15, 1998. The consultant or their designated subcontractor shall be required to furnish a labor and materials bond and a faithful performance bond in the amount of one hundred percent (100%) of the amount of the Contract on the forms attached. R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2.AGR.DOC SUBCONTRACTS Any subcontracts entered into by the Consultant to perform the work shall include and bind each subcontractor by the following terms, unless otherwise approved by the City. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute the contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's Office, City of Temecula. Pursuant to Section 4590 of the Government Code of the State of California, the Contract will contain provisions permitting the successful bidder to substitute securities for any monies withheld by the City of Temecula to ensure performance under the agreement. CONTRACT BONDS General. Before execution of contracts, the Contractor shall f~e with the City surety bonds satisfactory to the City in the amounts and for the purposes noted below. Bonds shall be duly executed by an admitted corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The Consultant or his designated Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall be signed by both the Contractor and surety, and the signature of the authorized agent of the surety shall be notarized. The Contractor shall provide two good and sufficient surety bonds. Surety companies shall familiarize themselves with all of the conditions and provisions of the Contract, and shall waive the right of special notification of change or modification of the Contract, or of any other act or acts by the City or its authorized agents under the terms of the Contract. Failure to notify the surety companies of change shall in no way relieve them of their obligations under the Contract. R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2.AGR.DOC Payment Bond. The Payment Bond (material and labor) shall be for not less than one hundred percent (100%) of the Contract price to satisfy claims of material suppliers and of mechanics and laborers employed by them on the work. The bond shall be maintained by the Contractor in full force and effect until the completed work is accepted by the City and until all claims for materials and labor are paid. Faithful Performance Bond. The Faithful Performance Bond shall be for one hundred percent (100%) of the Contract price to guaranty faithful performance of all work, within the time prescribed in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. Design, construct, and install two new artistic entrance archways and five metal concrete inlays for generally as show on the City's Old Town Streetscape Improvement plans. CONTRACTOR'S LICENSE All subcontractors must be licensed to perform the their representative work in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required, the decision of the Contractor's State License Board shall prevail. This requirement is not a mere formality, and it will not be waived by the City. PREVAILING WAGES The Contractor is hereby notified that this project is subject to Federal and/or State prevailing wage guidelines as referenced in the Wage Guideline sections of the Contract Specifications. Where both Federal and State Guidelines are listed, the greater of the two listed general prevailing wages shall apply. The prime Contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than the wage applicable for their work classification, as specified in the wage guidelines contained in the specifications. 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 on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 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. INSPECTION. R:\CIP\PROJECTS\PW97\PW97-05\FRICK2.AGR.DOC 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 plans 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. 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. UTILITY REQUIREMENTS The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least two (2) working days notice to the Underground Service Alert by calling (800) 422-4133. CONTRACTOR shall contact the appropriate regional notification center in accordance with Government Code Section 4216.2 The Contractor shall notify the following agencies at least two (2) working days in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated. Southern California Gas Company 1981 W. Lugonia Avenue P. O. Box 3003 Redlands, CA 92373 Attn: Hal Snyder, Technical Service Manager (909) 335-7748 General Telephone 150 S. Juanita St. Hemet, CA 92543 Attn: Allen Holzbaugh (909) 929-9401 C, Southern California Edison Company 26100 Menifee Road Romoland, CA 92585 Attn: Rudy Bargas or Gil Torres (909) 928-8272 Rancho California Water District 42135 Winchester Road Temecula, CA 92591 Attn: Bud Jones (909) 676-4101 R:~,CIP\PROJECTS\PW97\PW97-O5\FRICK2 .AGR.DOC e, Eastern Municipal Water District 2045 S. San Jacinto St. P. O. Box 8300 San Jacinto, CA 92383 - 1300 Attn: Corey Wallace (909) 925-7676 T.C.I. Cablevision 4077 West Stetson Hemet, CA 92545 Attn: Karen Thompson (909) 766-4270 ge Metropolitan Water District of So. California 350 S. Grand Ave. P.O. Box 54153 Los Angeles, CA 90054-0153 Atm: Kieran M. Callanan, Civil Engineering Branch (213) 217-7474 Underground Service Alert (USA) 1-800-422-4133 The California Public Utilities Commission mandates that, in the interest of public safety, mainline gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (714) 634-3258 at least two (2) working days prior to the start of construction. TRENCH SAFETY AND SHORING EXCAVATION In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation which is five (5) feet or more in depth and into which a person is required to descend. The Contractor shall furnish all labor, equipment, and materials required to design, construct, and remove all sheeting, shoring, and bracing or other equivalent method of support of this project. Excavation for any trench five (5) feet or more in depth shall not begin until the Contractor has received approval from the City Engineer of the Contractor' s detailed plan for worker protection from hazards of caving ground. Such plan shall be submitted at least five (5) days before the Contractor intends to begin excavation and shall show the details of the design of shoring, bracing, sloping, or other provisions to be made for worker protection during excavation. No such plan shall allow the use of shoring, sloping, or a protective system less effective than requited by Construction Safety Orders of the Division of Industrial Safety; and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by the Engineer who is registered as a Civil or Structural Engineer in the State of California. Prior to the beginning of excavations requiring shoring, the Contractor shall designate in writing to the Engineer someone whose responsibility it is to supervise the project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing. R:\CIP\PROJECTS\PW97\PW97-05\FRICK2.AGR.DOC In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for any damages which may result from its failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the project. The Contractor shall include in its bid all costs for the above requirements. Full compensation for sheeting, shoring, bracing, and all other things necessary shall be considered as included in the appropriate bid items of work, and no additional allowance will be made therefor. TRENCH PROTECTION AND EXCAVATION. CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. a. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions causing bodily injury to any person. c. CITY shall promptly investigate the reported conditions. If CITY, through, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, then CITY shall issue a Change Order. d. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, perfonnance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. STANDARD SPECIFICATIONS The Standard Specifications of the City are contained in the most recent edition of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2.AGR.DOC California District of the Associated General Contractors of California. Copies of those Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, CA 90034 (213) 202-7775 The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other Contract Documents. The section numbers of the following Special Provisions coincide with those of the Standard Specifications for Public Works Construction. Only those sections requiring amendment or elaboration, or specifying options, are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. Where the Plans or Specifications 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 complete 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. WAGE RATES AND LABOR CODE REOUIREMENTS Wage Rates The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773, and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Secretary of the Board of Directors and are available for review upon request. Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5, and 1777.6 of the State Labor Code, excerpt copies of which are contained in Appendix II of these Specifications. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, procedures and certain notices required of the Contractor pertaining to their location. Apprentices Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the Public Works project which administers the apprenticeship program in that trade for a Certificate of Approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2.AGR.DOC The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if it employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules, and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Clayton Act and Cartwright Act Section 4551 of the State Government Code specifies that in executing a Public Works contract with the City to supply goods, services, or materials, the Contractor or Subcontractors offer and agree to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professional Code arising from purchase of goods, services, or materials pursuant to the Contract or subcontract. This assignment shall become affectire when the City tenders final payment to the Contractor without further acknowledgment by the parties. SUBCONTRACTING In the event a Subcontractor requests a hearing on being substituted out of the work covered by this Contract pursuant to Public Contract Code Section 4107(a), City hereby designates JAMS AND DISPUTE, formerly JAMS 500 N. State College BId., Suite 600, Orange, CA 92668 (714) 939-1300, as its hearing officer. Contractor and the requesting Subcontractor shall be responsible for splitting equally the costs of such hearing by making an advance deposit with JAMS AND DISPUTE as a precondition to subcontract bid submittal. PERMITS Prior to the start of any work, the Contractor shall take out the applicable Agency permits and make arrangements for Agency inspections. The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. TRAFFIC AND ACCESS Maintaining traffic shall conform to the provisions in 7-1.02 "Weight Limitations", 7-1.06 "Safety and Health Provisions", 7-1.08 "Public Convenience", 7-1.09 "Public Safety", and 12-3.04 "Portable Delineators", of the State Standard Specifications and these Special Provisions. All existing traffic control signs and street name signs shall be maintained in visible locations as directed by the Engineer. No detours will be allowed. The Contractor will be required to conduct its operation in such a manner that traffic will be permitted to pass through the work with as little delay as possible. All warning lights, signs, flares, barricades and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by the Contractor. All signs shall conform to and be placed in accordance with the current "Manual of Traffic Controls", issued by the California Department of Transportation for construction and maintenance of work zones. The Contractor shall utilize Solar Powered Equipment to maintain and control existing traffic. Battery operated equipment shall be utilized for night time operations. R:\CIP\PROJECTS\PW97\PW97-05\FRICK2.AGR.DOC All construction signs shall be either covered or removed when not required by the nature of the work, or if no present hazard to the motorists exists. No payment for extra work will be allowed for work performed as specified in Section 12-2.02 "Flagging Costs" of the State Standard Specifications. Payment for implementing traffic controls as required by these Special Provisions shall be made at the contract lump sum price paid for traffic control systems and shall include full compensation for all labor, materials, and equipment necessary to install and maintain traffic controls throughout the construction period. SAFETY ORDERS The Contractor shall comply with the provisions of any Agency ordinances requirements for the protection of excavations and the nature of such protection. or regulations regarding 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: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 LABOR AND MATERIALS BOND R:\CIP\PROJECTS\PW97\PW97-O5\FRICK2.AGR.DOC 9-18-98 A. J. FRICK, CIVIL ENGINEER 774 WASHINGTON AVENUE SAN JACINTD, CALIF. 98583 (909) 985-8057 PRDPDSAL TO, JOHN MEYER CITY OF TEMECULA, CA. PROJECT NO. PW 97-05 OLD TOWN STREET SCAPE PROJECT REFERENCE GATEWAY ARCHES STEEL INLAYS AT FRONT AND MAIN ST. DEAR SIRI WE ARE PLEASED TO FURNISH YOU WITH THE FOLLOWING PRICES ON THE ABOVE REFERENCED PROJECT. 1. WE PROPOSE TO FURNISH ALL DESIGNS, ENGINEERING, AND WORKING DRAWINGS, INCLUDING ALL MATERIALS, LABOR, AND EQUIPMENT NECESSARY TO FABRICATE AND INSTALL TWO (8) GATEWAY ARCHES, INCLUDING ALL FOOTINGS AND MASONRY WORK FOR THE TOTAL AMOUNT OF $ 184,000. 8. WE PROPOSE TO FURNISH ALL DESIGN AND WORKING DRAWINGS INCLUDING MATERIALS AND LABOR TO FABRICATE AND PRECAST IN CONCRETE TO COMPLETE FIVE (5) STEEL INLAYS READY FOR INSTALLATION FOR THE TOTAL AMOUNT OF $ 15,500. THE ABOVE PRICES ARE BASED ON OUR DESIGN, METHODS, AND THE CHOSEN CRAFTSMEN TO COMPLETE THE SUBJECT PROJECT. SHOULD THERE BE ANY QUESTIONS, PLEASE CONTACT ROBERT MORRIS (909) 676-8893 OR ARNULF J. FRICK (909) 985-8057 SINCERELY YOURS, ARNUL~. FRICK ITEM APPROVAL CITY ATTORNEY /~ FINANCE OFFICER CITY MANAGER CITY COUNCIL AGENDA REPORT TO: FROM: DATE: SUBJECT: Ronald E. Bradley, City Manager and City Council Doug Clark, Consultant September 22, 1998 Acquisition of Property for Old Town Community Facilities 42049 Main Street (APN 922-036-020) Prepared By: John Meyer, Housing and Redevelopment Manager RECOMMENDATION: The City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND LORRAINE CLARK (TEMECULA MERCANTILE BUILDING) , That the City Council authorize the use of unreserved General Fund balance in an amount not to exceed $543,000 for acquisition, soil testing, escrow and closing costs. BACKGROUND: Per Council direction, staff has been working with Mrs. Lorraine Clark regarding the purchase of the Mercantile building. Following the meeting of September 8, 1998, at which the Resolution of Necessity authorizing the City to acquire the property by eminent domain, an offer of $528,000 was accepted by the property owner. An appraisal of the property was performed by the City's appraiser. The offer and accepted purchase price is reflective of the appraised value. A Phase I Environmental Analysis is being conducted on the property to determine the presence of hazardous waste or unacceptable soil conditions. The purchase is an all cash transaction with the City paying all closing costs. Additional fund authorization in the amount of $15,000 is requested to cover escrow, closing costs, appraisal and soils testing fees. The $528,000 represents an all-inclusive settlement and full payment of just compensation for the acquisition of all property interests. R:\OLDTOWN\OTACQ\MERCANTILEPSACC 9/16/98 dc 1 Re-use proposals for the subject property are now in progress and will be returned to the City for review and approval at a future date. FISCAL IMPACT: Fund balance. Attachments: 1. Resolution 2. 3. The $543,000 acquisition cost will be funded from the unreserved General Purchase and Sale Agreement City Council Staff Report dated September 8, 1998 R:\OLDTOWN\OTACQ\MERCANT1LEPSACC 9/15/98 dc 2 Attachment No. 1 Resolution R:\OLDTOWN\OTACQ\MERCANTILEPSACC 9/15/98 dc 3 RESOLUTION NO. 98-._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND LORRAINE CLARK (TEMECULA MERCANTILE BUILDING) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. and declare that: The City Council of the City of Temecula does hereby find, determine A. On September 4, 1998 the City delivered Seller an offer to purchase the real property described in the Purchase and Sale Agreement and Escrow Instructions, attached hereto as Exhibit "A" and made a part hereof (the "Property"). B. On September 8, 1998, the City Council of the City of Temecula adopted Resolution No. 98-91, "A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH COMMUNITY FACILITIES IN THE OLD TOWN AREA (TEMECULA MERCANTILE BUILDING)" establishing the City's authority under the Eminent Domain Law to acquire the Property by eminent domain and directing the filing of an eminent domain action to acquire the Property (the "Resolution"). C. Following adoption of the Resolution, City and the property owner negotiated terms by which the City would acquire the Property so as to avoid eminent domain proceedings and now desire to set forth in this Agreement the terms and conditions of the City's acquisition of the Property. D. City intends to use the Property for public purposes allowed by law, including, but not limited to, subsequent conveyance of the Property to other governmental entities for public purposes. Section 2. The City Council hereby approves that certain agreement entitled "Purchase and Sale Agreement and Escrow Instructions" by and between the City of Temecula and Lorraine Clark (the "Agreement"). The Mayor is authorized to execute the Agreement on behalf of the City in substantially the form attached hereto as Exhibit A. Section 3. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of the Agreement. Section 4. The City Clerk shall certify the adoption of this Resolution. Resos 98- 1 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this 22"d day of September, 1998 ATTEST: Ron Roberts, Mayor Susan W Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of September, 1998, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos 98- 2 EXHIBIT "a" Resos 98-. 3 Attachments No. 2 Purchase and Sale Agreement R:\OLDTOWN\OTACQ\MERCANT[LEPSACC 9/15/98 dc 4 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (TEMECULA MERCANTILE BUILDING) THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of September 22, 1998 by and between Lorraine Clark ("Seller"), and the CITY OF TEMECULA, a municipal corporation ("City"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). In consideration of the premises operative provisions and the recitals set forth in this Agreement, the parties hereto agree as follows: 1. Recitals. The parties hereto represent to each other that the following facts and purposes are true and correct: a. On September 4, 1998 the City delivered Seller an offer (the "Offer") to purchase the real property described in Exhibit "A" attached hereto and made a part hereof (the "Property"). b. On September 8, 1998, the City Council of the City of Temecula adopted Resolution No. 98-91, "A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH COMMUNITY FACILITIES IN THE OLD TOWN AREA (TEMECULA MERCANTILE BUILDING)" establishing the City's authority under the Eminent Domain Law to acquire the Property by eminent domain and directing the filing of an eminent domain action to acquire the Property (the "Resolution"). c. Following adoption of the Resolution, City and Seller negotiated terms by which the City would acquire the Property so as to avoid eminent domain proceedings and now desire to set forth in this Agreement the terms and conditions of the City's acquisition of the Property. d. City intends to use the Property for public purposes allowed by law, including, but not limited to, subsequent conveyance of the Property to other governmental entities for public purposes. 2. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to City, and City agrees to buy the Property from Seller, on the terms and conditions hereina~er set forth. 3. Purchase Price. The purchase price for the Property to be paid by City is the. sum of Five Hundred Twenty Eight Thousand Dollars ($528,000.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow together with City's share of the closing costs. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the R:~Oldtown~Otacq~Mercantilepsa 09/16198 dc Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to City and Seller. City's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure City'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 ("Permitted Title Exceptions"): a. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and b. Those non-monetary exceptions approved by City within fifteen (15) business days after the date City receives the title commitment and legible copies of all instruments noted as exceptions therein. If City unconditionally disapproves any such excep- tions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to City (less City's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If City conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, City may, at City's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less City's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, City's fee title to the Property shall be free and clear of all monetary encumbrances. 5. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to City the Property. The Grant Deed shall be in a form satisfactory to City and City's counsel and shall be accepted by City prior to recording. 6. Authorization to Record Documents and Disburse Funds. a. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (1) Title Company can issue in favor of City the Policy, showing the Property vested in City subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Pdce to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (2) Escrow Holder shall have received City's notice of approval or satisfaction or waiver of all of the contingencies to City's obligations hereunder, as provided for in Section 12; and required by Section 5. (3) Seller shall have deposited in Escrow the Grant Deed b. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. R:\Oidtown\Otacq\Mercant~lepsa 09/16/98 dc 2 7. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the tansaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from City and Seller. Close of Escrow shall be the date upon which the Grant Deed to City is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. 8. Escrow Charges and Prorations. City shall pay for the cost of the CLTA Owner's Standard Coveage Policy of Title Insurance, the Escrow fees and Escrow Holders customary out-of-pocket expenses for messenger services, long distance telephone, etc. City shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, City shall pay all Escrow cancellation charges. 9. License to Enter. Seller hereby grants to City and City's authorized agents, contactors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. City shall give Seller reasonable notice before going on the Property. City does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with City's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If City fails to acquire the Property due to City's default, this license shall terminate upon the termination of City's right to purchase the Property. In such event, City shall remove or cause to be removed all City's personal property, facilities, tools and equipment from the Property. 10. Warranties and Representations of Seller. Seller hereby represents and warrants to City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding adsing out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to City, Seller shall indemnify, protect, defend and hold harmless City from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects R:~Oldtown~Otaccl\Mercantilepsa 09/16/98 dc on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to City, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. Full Payment of All Obligations of City. It is understood and agreed between Seller and City that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, pre-condemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that City has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth are free and voluntary. R:\OIdtown\Otacq',Mercantilepsa 09/16/98 dc ~: 12. City's Contingencies. a. For the benefit of City, the Closing of Escrow and the City's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or City's written waiver thereof, it being agreed that City can waive any or all such contingencies) on or before the Close of Escrow: (1) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (2) The delivery of all documents pursuant to Section 5. hereof. (3) Title Company's commitment to issue in favor of City of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing City's fee interest in the Property subject only to the Permitted Title Exceptions. (4) City's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that City might perform prior to the Close of Escrow. (5) Close of Escrow occur on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. b. In the event one or more of the contingencies occurs, the City shall be entitled to terminate this Agreement without being in breach or default under the Agreement, in accordance with the procedures set forth in Section 14 of this Agreement. Seller further agrees that in the event of the occurrence of any such contingencies and termination of this Agreement by City, it will suffer no damages resulting from the termination or City's enactment of the Resolution and that City shall have no liability to Seller whatsoever for such actions, except for payment of its share of escrow cancellation fees. 13. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 14. Default. Except as otherwise provided in this Agreement, in the event of a breach or default under this Agreement by either City or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if City is the non-defaulting party, City shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non- defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 15. Notices. All notices and demands shall be given in wdting 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, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt R AOIdlown\Otac~Mercanlilepsa 09/16/98 dc 5 requested, or (c) one (1) business day following deposit with an overnight carrier service. 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: City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: City Manager COPY TO: Richards, Watson & Gershon 333 So. Hope St., 38th FIr. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: Lorraine Clark do Randy Clark 2324 Vineyard Avenue Escondido, California 92029 ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, CA 92502 Aftn: Escrow No. 16. Ftroker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Sellers actions with respect to the Property. City shall not be liable for any such fees or claims and Seller shall indemnify City, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 17. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 18. Amendments. Any amendments to this Agreement shall be effective only when duly executed by City and Seller and deposited with Escrow Holder. 19. Miscellaneous, a. Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between City and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it R:\Oldtown\Olacq\Mercantilepsa 09/16/98 dc is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or City. c. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. f. Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. g. Seller Consultations. Seller has reviewed the terms of the sale of its property to the City and the effects of such sale with its legal counsel, tax consultant, and real estate advisor. Seller warrants and represents to the City that except for the terms of this Agreement and the recitals set forth herein, Seller has not relied on any statements, opinions, or other comments of the City, its officers, employees, attorneys, consultants or agents and has independently reviewed and verified such facts, tax consequences, and other matters as may be important to Seller in connection with this transaction. Seller acknowledges and agrees that in the event such matters turn out differently than Seller anticipates at this time, Seller shall assume all responsibility and liability for such matters and shall have no recourse against the City for such changes. h. City Manager Authority, The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. R:~Oldtown\Otacq~.Mercantilepsa 09/16/98 dc 20. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 21. Assignment. City may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve City of any of its obligations under this Agreement. 22. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 9, 10, 11 and 16 hereof, and City and Seller release Escrow Holder from liability or obligation as to Section 9, 10, 11 and 16 hereof. ///// ~l~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER CITY OF TEMECULA, a municipal corporation: Lorraine Clark Ron Roberts, Mayor ATTEST: Susan Jones, CMC City Clerk APPROVED ASTO FORM: Peter M. Thorson City Attorney R:\Oldtown\Otacq~Mercantilepsa 09116/98 dc 8 EXHIBIT "A" Legal Description of the Property 42049 Main Street Temecula, California Lot 4 Block 27 Town of Temecula Type: MB Book 015, Page 726, Lot 4 APN: 922-036-020 R ~Oldtown\Otacq~Mercantilepsa 09/16/98 dc -9- CITY OF TEMECULA AGENDA REPORT CITY MANAGER ,~' TO: FROM: DATE: Mayor and City Councilmembers Ronald E. Bradley, City Manager September 8, 1998 SUBJECT: Consideration of adoption of a Resolution of Necessity for the Acquisition in Eminent Domain of Property for Community Facilities in the Old Town Area (Temecula Mercantile Building) RECOMMENDATION: That the City Council: 1. Consider adoption of proposed Resolution No. 98- , a Resolution of Necessity of the City of Temecula Declaring Certain Real Property Necessary for Public Purposes and Authorizing the Acquisition thereof in connection with the Old Town Area Community Facilities. 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all of the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote. 3. If the City Council finds, based upon the evidence contained in and referred to in this report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 98-__ (which requires a 4/5ths vote of the entire Council) and the following authorize that an eminent domain proceeding be filed to acquire the subject property interests: RESOLUTION NO. 98 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH COMMUNITY FACILITIES IN THE OLD TOWN AREA (TEMECULA MERCANTILE BUILDING) R:coheem\eminentdom. I 4. Authorize the City Attorney's Office to file eminent domain proceedings in the Superior Court of Riverside County. BACKGROUND: The Old Town Area of the City is generally located within the boundaries of Rancho California Road on the north, the Temecula Valley Freeway (Interstate 15) on the East, Santiago Road and First Street on the south, and Pujol Street on the west. This area is the subject of the Old Town Specific Plan adopted by the City Council on February 8, 1994 by Resolution No. 94-13 and Ordinance No. 94-05. The Old Town Specific Plan provides for land use and development standards, design guidelines, traffic improvements, infrastructure improvements, and capital projects for the Old Town Area as well as describing methodologies for economic revitalization of the Old Town Area. The Specific Plan encourages development of parking areas, preservation of historical structures, and development of parks, city offices, senior citizen centers, museums, community centers and libraries. The Subject Property is located at 42049 Main Street and more specifically described in Exhibit 1 of proposed Resolution No. 98- The Subject Property is designated as one of the historic structures in the Old Town Area being built in 1902 and is known as the "Burnham Store" on said map and is also known as the "Temecula Mercantile." Recluired Findincls To adopt the proposed Resolution of Necessity, the City Council must find and determine that: A. The public interest and necessity require the Project; B. The Project is planned or located in the manner that will be compatible with the greatest public good and least private injury; C. The Subject Property Interests described in the Resolution of Necessity are necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record of the property sought to be acquired. The proposed Resolution of Necessity for the Subject Property is attached to this Agenda Report. This hearing relates to issues A, B, C and D above. A. The Public Interest and Necessity Require the Project As shown by the Old Town Specific Plan cited above, the development of the Old Town Area depends upon the acquisition of property for public parking and the development of community facilities such as parks, city offices, senior citizen centers, museums, community centers and libraries as well as the preservation of historical structures. The Temecula Mercantile Building or Burnham Store, as the subject property is sometimes known, offers unique opportunities for implementing the Old Town Specific Plan. The property can support approximately six (6) public parking spaces to the rear. It is large enough to support many types of community facilities including a small museum, library, or senior citizens center. Additionally, the building is a historical structure which can be preserved under City ownership. R:coheem\eminentdom. 2 B. The Project is Planned in the Manner that will be Compatible with the Greatest Public Good and Least Private Injury The studies, plans and other documents cited above also evidence that the use of the Subject Property for public parking and the development of community facilities such as parks, city offices, senior citizen centers, museums, community centers and libraries as well as the preservation of historical structures is planned and located to provide the best practical solution to address the stated planning goals of the General Plan and the Old Town Specific Plan. C. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project The proposed acquisition of the subject property interests described in the Resolution is necessary for the Project as planned and designed. The Subject Property offers unique opportunities for implementing the Old Town Specific Plan. The property can support approximately six (6) public parking spaces to the rear. It is large enough to support many types of community facilities including a small museum, library, or senior citizens center. Additionally, the building is a historical structure which can be preserved under City ownership. D. The Offer Required By Section 7267.2 of the Government Code has been made to the Owner of Record of the Property Sought to be Acquired Pursuant to Government Code Section 7262, et seq., the City obtained a fair market value appraisal of the subject property interests, set just compensation in accordance with the appraised fair market value, and extended a written offer letter to Lorraine Clark, owner of record of the Subject Property, on July 30, 1998. A true and correct copy of the offer letter is on file in the City Managers Office and is incorporated in this report by this reference. The owner of record and the City have engaged in further negotiations. Adoption of the proposed Resolution of Necessity requires at least a four/fifths (4/5) vote of the City Council. FISCAL IMPACT: Adequate funds are available for the proposed acquisitions through the City's Fiscal Year 1997-98 Capital Improvement Fund. ATTACHMENTS: Resolution No. 98- R:coheem\eminentdom. 3 RESOLUTION NO. 98- A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH COMMUNITY FACILITIES IN THE OLD TOWN AREA (TEMECULA MERCANTILE BUILDING) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation in the County of Riverside, State of California. Section 2. The real property described generally in Section 3 of this Resolution and more particularly described in Exhibit 1 of this Resolution ("Subject Property"), is to be taken for a public use, namely for community facilities in the Old Town Area, and all purposes necessary or convenient thereto, pursuant to the authority conferred on the City of Temecula by eminent domain by California Constitution Article I Section 19, and California Government Code Sections 37350, 37350.5, 40401, 40403 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The Subject Property sought to be taken is located in the City of Temecula, County of Riverside, State of California, and is identified by Assessors Parcel Number 922-036-020. The Subject Property sought to be taken is more particularly described in Exhibit 1 to this Resolution, which are incorporated by this reference. Section 4. The City Council of the City of Temecula finds and determines that: A. The acquisition of the Subject Property is required for the Old Town community facilities ("the Project"). A general description of the Project is set forth in the Agenda Report dated September 8, 1998 and the reports and documents cited in that Report, which are all incorporated in this Resolution by this reference. B. The potential impacts of the acquisition of the Subject Property were analyzed in connection with the analysis of the Old Town Specific Plan. On February 22, 1994, the City of Temecula adopted Resolution 94-05 approving a Mitigated Negative Declaration regarding the Old Town Specific Plan. Notice of determination thereof was duly filed. Pursuant to California Environmental Quality Act Guidelines 15162, et seq., the findings made in connection with the said Mitigated Negative Declaration, are the appropriate findings with regard to the acquisition of the Subject Property. The environmental documentation prepared in connection with these actions has been duly reviewed and the Council hereby determines that no significant changes in the Project or in the environment, and no new information had been obtained which would require further environmental analysis with respect to the acquisition of the Subject Property. The acquisition of the Subject Property will not have a significant effect on the environment. R: resos\98- Section 5. The City Council of the City of Temecula hereby finds and determines that: A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property interests described in Exhibits A through E are necessary for the proposed project; and D. The offer required by Section 7267.2 of the Government Code has made to the owners of record. Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on September 8, 1998 when it adopted this Resolution, including the Agenda Report dated September 8, 1998, all documents incorporated in the Agenda Report, the testimony at the hearing, the records and documents prepared in connection with the Project, the testimony and evidence presented at hearings related to the Project, and the public records of the City pertaining to the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City of Temecula hereby authorizes and directs Richards, Watson & Gershon, as City Attorney, to take all steps necessary to commence an action in a court of competent jurisdiction to acquire by eminent domain the property interests described in this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 8th day of September, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of September, 1998, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk EXHIBIT I Legal Description Lot 4 BIk 27 Town of Temecula Book: 015 Page: 726 Lot: 04 ITEM ORDINANCE NO. 98-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING PORTIONS OF THE CITY'S DEVELOPMENT CODE PERTAINING TO LANDSCAPE REQUIREMENTS FOR AUTOMOBILE, MOTORCYCLE AND TRUCK DEALERSHIPS. WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; WHEREAS, on January 25, 1995, the City of Temecula City Council adopted the City's Development Code; WHEREAS, the City has identified a need to amend portions of the Development Code and the Zoning Map; WHEREAS, notice of the proposed Ordinance was posted at City Hall, the County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, WHEREAS, the Planning Commission considered Planning Application No. PA98-0109 (Zoning Amendment - Development Code), on May 20, 1998, at a duly noticed public headng as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, Planning Staff met with several concerned individuals regarding the proposed modifications to the landscape standards for automobile, motorcycle and truck dealerships; and WHEREAS, the Planning Commission re-considered this item under Planning Application No. PA98-0297 (Zoning Amendment - Development Code), on August 5, 1998, at a duly noticed public headng as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing, and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA98-0297 (Zoning Amendment - Development Code); and WHEREAS, the City Council considered Planning Application No. PA98-0297 (Zoning Amendment - Development Code), on September 8, 1998, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. That Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by cities to implement such general plan as may be in effect in any such city; Ords 98-17 1 B. That there is a need to amend the Development Code to protect the public health, safety and welfare; and ordinances. That this Ordinance complies with all applicable requirements of State law and local Section 2. Section 17.08.050.S (Automobile Dealership Landscape Standards) is hereby added to the Development Code and reads as follows: "S. Automobile, Motorcycle and Truck Dealership Landscape Standards. Landscape Standards. The following standards shall be applied to all new automobile, motorcycle and truck dealerships or substantial alterations to existing automobile, motorcycle and truck dealerships: Display areas: a minimum five foot (5') wide landscape island shall be required at the end of all display area lanes adjacent to the main entry drive lane. A one-foot stdp, made of concrete or other materials acceptable to the Community Development Director, shall be located next to the curb immediately adjacent to the end display parking space. Said landscape islands shall have a mixture of trees, shrubs and groundcover and shall have automatic irrigation. Street frontages. All podions of the property which have street frontage shall meet one of the following criteria: A minimum of twelve feet (12') of landscaping shall be provided, measured from the rear of the sidewalk to the display area length and shall be surrounded by low-growing shrubs, groundcover and tuff; or A minimum of twenty feet (20') of landscaping shall be provided, measured from the rear of the sidewalk to the display area, with display area allowed to encroach into eight (8) feet of the landscape area. , Display areas shall be paved with concrete, a maximum of twenty (20) feet in length and shall be surrounded by low- growing shrubs, groundcover and turf. The number of display areas allowed shall be calculated in the following manner: 3 display spaces per 100 linear feet of street frontage. Fractional spaces (.5 and over) shall be rounded up. No display area shall be located immediately adjacent to another display area. Landscaping shall be provided between display areas. Development adjacent to existing and proposed residential uses. All portions of the property which abut an existing or proposed residential use shall have a minimum ten foot (10') wide landscape buffer. Ords 98-17 2 All other portions of the property which do not abut a street or existing or proposed residential uses shall have a minimum five foot (5') wide landscape buffer. All customer parking on the site shall be cleady identified, either through special paint (i.e. curb painting) or signage and shall be subject to the landscape requirements contained in Section 17.24.050.H of the Development Code. Service bays shall not be visible from a public street and shall be adequately screened from adjacent residential uses. Inventory and vehicle-in-repair storage areas on the site shall be cleady identified and will not need to be intemally landscaped. If they are located on the perimeter or adjacent to residential development or sensitive areas they shall be screened in the manner discussed above." Section 3. although the proposed Declaration, therefore, Environmental. An Initial Study prepared for this project indicates that project will not have a significant impact on the environment, and a Negative is hereby granted. Section 4. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. PASSED, APPROVED, AND ADOPTED this 22nd day of September, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] Ords 98-17 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 98-17 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of September, 1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 22nd day of September, 1998, by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Susan W. Jones, CMC City Clerk Ords 98-17 4 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 APPR~/~ CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors ~::)Herman D. Parker, Director of Community Services September 22, 1998 Accept Substitute Landscape Bonds in Tract No. 23143-1 (Crowne Hill Development - Southeasterly of intersection of Pauba Road at Butterfield Stage Road) PREPARED BY: RECOMMENDATION: y~/Beryl Yasinosky, Development Services Analyst That the Board of Directors: Accept the substitute landscape bonds from Crowne Meadows, L.L.P. for Tract No. 23143-1. Authorize the release of the landscape bonds from Taylor Woodrow on file for Tract No. 23143-1. 3. Direct the Secretary/City Clerk to notify the Developer and the Surety. BACKGROUND: Landscape/Erosion Control Agreements and Surety Bonds for the above referenced development were originally posted with the County of Riverside Building and Safety Department by: Taylor Woodrow Homes, California Limited 3991 MacArthur Boulevard, Suite 300 Newport Beach, CA 92660 The Surety Bonds were issued by American Home Assurance Company and are identified as follows: 1. Bond No. PB30012450 Erosion Control/CSA Slopes 97,000 2. Bond No. PB30012451 Erosion Control/Assn. & Homeowner ,258,000 3. Bond No. PB30012335 Erosion Control/Landscape ,357,000 r:\yasinobk\taylor woodrow..bond release 090898 The aforementioned bonds have been transferred from the County of Riverside to the City of Temecula and are currently on file with the City Clerk. However, the new property owner, Crowne Meadows, L.L.P., a Washington Limited Partnership, has submitted a substitute agreement and bonds posted by American Motorists Insurance Company as follows: 1. Bond No. 3SM91450600 Erosion Control/CSA slopes 97,000 2. Bond No. 3SM91450800 Erosion Control/Assn. & Homeowner $258,000 3. Bond No. 3SM91450700 Erosion Control/Landscape 9357,000 With acceptance of the substituted securities, the following parent developer bonds, as posted by the The American Home Assurance Company, are also recommended for release: 1. Bond No. PB30012450 Erosion Control/CSA Slopes 9 97,000 2. Bond No. PB30012451 Erosion Control/Homeowner Slopes 9258,000 3. Bond No. PB30012335 Erosion Control/Landscape 9357,000 FISCAL IMPACT: None. ATTACHMENTS: 1. 2. Site/Location Map. Substitute agreement/bonds. r:\yasinobk\taylor woodrow..bond release 090898 CfiES~ {:%0~fAt Tract No. 23 143-1 Loca'ion Mau NOTE: MAPS NOT TO SCALE. Recording Requested by City of Temecula When recorded mail to: City of Temecula Office of the City Clerk Post Office Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Snace above t~s line for Recorders Use CITY OF TEMECULA SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: September 22. 1998 NAME OF SUBDIVIDER: Cro~rne Heado~s, L. P. (referred to as "SUBDIVIDER") NAME OF SUBDIVISION: Cro,,'ne UilX (referred to as "SUBDIVISION") TRACT NO.: 23143-1 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (referred to as "Resolution or Approval")- IMPROVEMENT PLANS NO.: All Association and Homeo~rner slopes, CSA (TeRn) Qlopes and g~aeral landscaping indicated per the conditions of approval and bond documents provided. ESTIMATED TOTAL COST OF IMPROVEMENTS: $ 712 , 000 ESTIMATED TOTAL COST OF MONUMENTATION: $ N/A COMPLETION DATE: Narch, _ 2000 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: 'American Motorists Insurance Company: 1. 3S~91450600 Erosion Control/CSA Slopes 2. 3SH91450800 Erosion Control/Assn & Homeovmer 3. 3S~91450700 Erosion Control/Landscape $97,000 $258,000 $357,000 X\TEMEC_FS201~DATA\DEPTS\Pg/XAGMTS\LDAGMTS\SBDVIMPRAGR City of Temecula Subdivision Improvement Agreement Page 2 This agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. A, B, D, E4 RECITALS SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the ffiing, approval and recordation of subdivision maps are collectively referred to in this agreement as the "Subdivision Laws". A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this agreement by reference. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws and the Resolution of Approval or, (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this agreement, whereby SUBDIVIDER desires to enter into this agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER'S own expense, all the public improvement work required by CITY in connection with the proposed subdivision. SUBDIVIDER has secured this agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. Complete Improvement Plans for the construction, installation and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. The Improvements Plans numbered as referenced previously in this agreement are on file in the Office of the City Engineer and are incorporated into this agreement by this reference. All references in this agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. \\TEMEC_FS201\DATA\DEPTS\PWNAGMTS~LDAGMTS\SBDVIMPR. AGR City of Temecula Subdivision Improvement Agreement Page 3 F, An estimate of the cost of construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and had been approved by the City Engineer. The estimated mount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit "A" to this agreement. The CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with the CITY standards in effect on the date of approval of the Resolution of Approval. Within thirty (30) days after completion of the required improvements and their acceptance by CITY, it is necessary that certain monuments and stakes as specified on the final map for the SUBDIVISION, shall be installed and, also, that street signs be placed at intersections. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER'S failure to perform its obligations under this agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of the improvements by the time established in this agreement. CITY shall be entitled to all remedies available to it pursuant to this agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obligations to Construct Improvements. SUBDIVIDER shall: ao Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. Complete by the time established in Section 20 of this agreement and at SUBDIVIDER'S own expense, all the public improvement work required on the Tentative Map and Resolution of Approval in conformance with the Improvement Plans and the CITY standards: Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans and CITY standards. \\TF..MEC_F~201\DATA\DEPTS\PW~AGMTS\LDAGMTS\SBDVIMPR. AGR City of Temecula Subdivision Improvement Agreement Page 4 d, Acquire and dedicate, or pay the cost of acquisition by CITY, of all right- of-way, easements and other interests in real property for construction or installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorizations to accommodate the SUBDIVISION. Install all SUBDIVISION monuments required by law within thirty (30) days after the completion and acceptance of the public improvements by the CITY. f, Install street name signs conforming to CITY standards. If permanent street name signs have not been installed before acceptance of the improvements by the CITY, SUBDIVIDER shall install temporary street name signs according to such conditions as the City Engineer may require. Acquisition and Dedication of Easement or Rights-of-Way. If any of the public improvement and land development work contemplated by this agreement is to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: as The offer of dedication to CITY of appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b, The dedication to, and acceptance by, the CITY of appropriate rights-of- way, easements or other interests in real property, as determined by the City Engineer, or C, The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. , Security SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: \\TEMEC_FS20P, DATA\DEPTS\PW~AGMTS\LDAGMTS\SBDVIMPR.AGR City of Temecula Subdivision Improvement Agreement Page 5 ao to assure faithful performance of this improvements in an amount of 100% improvements; and agreement in regard to said of the estimated cost of the to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the improvements required to be constructed or installed pursuant to this agreement in the additional mount of 50% of the estimated cost of the improvements; and C, to guarantee or warranty the work done pursuant to this agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of 100% of the estimated cost of setting subdivision monuments as stated previously in this agreement. The securities required by this agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this agreement are incorporated into this agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Improvement Plans. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the improvement, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this agreement. The SUBDIVIDER shall construct the improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted \\TEMEC_FS201\DATAXDEFrS\PW~AGMTS~LDAGMTSXSBDVIMPR.AGR City of Temecula Subdivision Improvement Agreement Page 6 an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspector and to the shops wherein any work is in preparation. Upon completion of thee work the SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determine that the work has been completed in accordance with this agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. Release of Securities. Subject to approval by the City Council of CITY, the securities required by this agreement shall be released as follows: Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application therefore by the SUBDIVIDER;. provided, however, that no such release shall be for an amount less than 25 % of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50 % of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this agreement. C, Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for who lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. \\TF~MF, C_FS2OIXDATA\DEPTS~PWXAGMTS\LDAGMTS\SBDVIMPR. AGR City of Temecula Subdivision Improvement Agreement Page 7 No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all the work and improvements by the City Council. The CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. , Injury to Public Improvements. Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this agreement, whether such property is owned by the United States or any agency thereof, or the State of Califorma, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. a, Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction of this agreement; SUBDIVIDER'S failure to timely complete construction of the improvements; SUBDIVIDER'S failure to timely cure any defect in the improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this agreement. \\TEMEC_FS2OIXDATA\DEPTS\PW\AGMTS\LDAGMTS\SBDVIMPR. AGR City of Temecula Subdivision Improvement Agreement Page 8 b, The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER'S default under this agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. de CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. Failure of SUBDIVIDER to comply with the terms of this agreement shall constitute consent to the f~ing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection c is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. ,,\TEMEC_FS2Oix, DATA\DEPTS\pV~AGMTS\LDAGMTS~.SBDVIMPR. AGR City of Temecula Subdivision Improvement Agreement Page 9 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this agreement for a period of one year after final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where certain improvements are to be constructed in phases or sections, the one year warrant period shall commence after City acceptance of the last completed improvement. If within the warranty period any work or improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S and agrees to pay the cost of such work by CITY. Should the CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this agreement. 12. Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvement. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinance providing therefore, nor shall anything in this agreement commit CITY of any such apportionment. ~\TF, MEC_FS201~DATA\DEPTS\PW~AGMTS~LDAGMTS\SBDVIMPRAGR City of Temecula Subdivision Improvement Agreement Page 10 14. SUBDIVIDER'S OBLIGATION TO WARN PUBLIC DURING CONSTRUCTION. Until final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within thirty (30) days from the date the City Engineer certifies that the work has been finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage system, streets and other public improvements. Acceptance by the CITY of the improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for \~TEMEC_FS2OI\DATA\DEPTS\PW\AGMTS\LDAGMTS\SBDVIMPR.AGR City of Temecula Subdivision Improvement Agreement Page 11 ten years following the acceptance by the CITY of improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph: 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this agreement. 20. Time for Completion of Work/Time Extensions. SUBDIVIDER shall complete construction of the improvements required by this agreement within eighteen (18) months of this agreement. In the event good cause exists as determined by the City Engineer, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's Surety and shall not affect the validity of this agreement or release the Surety or Sureties on any security given for this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing perfo.rmance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 21. No Vesting of Rights. Performance by SUBDIVIDER of this agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any zoning or building law or ordinance. \~TEMEC_FS2OI~DATA\DEPTS\PW\AGMTS\LDAGMTS\SBDVIMPR. AGR City of Temecula Subdivision Improvement Agreement Page 12 22. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Engineer City of Temecula 43200 Business Park Dr. Post Office Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Crowne Headows, L.P. c/o Communities Southwest 181 01d Springs Road Anaheim, CA 92808 23. 24. Severability. The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. Captions. The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 26. Incorporation of Recitals.The Recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Entire Agreement. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate party shall be the City Manager. X~TEMEC_FS201XDATA\DEPTS\PWXAGMTS\LDAGMTS\SBDVIMPR. AGR City of Temecula Subdivision Improvement Agreement Page 13 IN WITNESS WHEREOF, this agreement is executed by CITY, by and through its Mayor. SUBDIVIDER Crowne Meadows, L.P., a Washington ltd. partnership By' Commun' ies South st Development & · Gons ion y, a a h corp., its par ~ Title: President, California Division CITY OF TEMECULA Ron Roberts, Mayor By: ATTEST: Name: Susan W. Jones, CMC, City Clerk (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) RECOMMENDED FOR APPROVAL: By: Joseph Kicak Director of Public Works/City Engineer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney R:~AG~AGklT~BDVIMPR.AGR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On September 3, 1998 before me, Ethel G. George , Date Name and rdle of Officer (e.g., 'Jane Doe, Notary Public") personally appeared THOMAS D. POMEROY , Name(s) of Signer(s) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), T............ 11 or the entity upon behalf of which the person(s) acted, e EHEL G. GEORGE i executed the instrument~se CorT's'nlsskx~ # 10S5774 ' N,:~aryRjbk:--Cxikxnla C Oron0e Cour,y ~~~.~my~nd ' ' al. My ornm Extra Feb e Signature of Notary Pubr"~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documenL Description of Attached Document CITY OF TEMECULA SUBDIVISION IMPROVEMENT AG~RFMEN? Title or Type of Document: Document Date: September 22, 1998 Signer(s) Other Than Named Above: City of TeTecula Number of Pages: 13+Acknowledg- :?, ment Capacity(ies) Claimed by Signer(s) Signer's Name: Thomas D. Pcmeroy Signer's Name: [] Individual [] Corporate Officer Title(s): E~ Partner- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here [] Individual [] Corporate Officer Title(s): [] Partner- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator ~ [] Other: Top of thumb here Signer Is Representing: Crowne Meadows, L.P. Signer Is Representing: 1994 National Notary Assocsahon · 8236 Reinmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod NO 5907 Reorder: Call Toll-Free 1-800-876-6827 BONDNO. 3SM 914 508 00 PRt~ffUM: $2,580.00Two Year premium First Term Premium Fully Earned CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND FOR GRADING PROJECTS AND/OR EROSION CONTROL-LANDSCAPE IMPROVEMENTS O P ' WHERFAS, the City of Temecula, State f California, and (heroinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said a cement, dated TR 23143-1 ia~as~r & Hcma- September 22 19 98, and identified as Project owner Slopes , is hereby referred to and made a part hereof; and WItEREAS, Principal is required under the terms of the agreement to furnish a bond for the Faithhi Performance of the agreement: American Motorists NOW, TIIEREFORE, we the Principal and 'rnsurance Cmapany as sure , are held and $258,000 firmly bound unto the City of Temecula, California, in the penal sum of $ lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications R ~A(; M'rS',IA~ AG MT~FA rl~ I PFR. ItON City of Temecula Subdivison Faithful Performance Bond Page 2 accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 16 ,1998. [SHALl [SEmi S~ American Motorists Insurance Ccmpany · Will ' . Shupper (Name) Attorney-in-Fact PRINCIPAL Crowne Meadows ,' L.L. P., Executive Vic~e~~Conmmnities Southwest Development and Construction Co., CFifiC) its Authorized Agent By: (Name) APPROVED AS TO FORM: ( ae) Peter M. Thorson, City Attorney R:'.AGMT~I..DAGMTN~FAITHPERBON State of California County of Los Angeles On %UN J 6 ~998' before me, C. Clarkson, NotaN Public, NAME, TITLE OF OFFICER personally appeared William J. ShuDDer NAME OF SIGNER IPersonally known to me - OR - i~1 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. j. ' '. NOTARY PUBLIC- CAUFORNI ~ C :A1 2 ',_' ' LOS ANGELES 0iJNTY · My C0mm. Expires Sept. 5, 2 o~ WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) Bond(s) TITLE OR TYPE OF DOCUMENT PARTNER(S) [] LIMITED [] GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES · ~ ~'99[~ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Amedcan Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE i 'emPee. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint William J. Shupper of Los Angeles, California ***** their true and lawful agent(s) and attomey(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in offier to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attomey is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February23, 1988 at Chicago, Illinois, true and accurate copies of which am hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys~in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: '¥OTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certffications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certified: Lumbermens Mutual Casualty Company Amedcan Motodsts Insurance Company American Manufacturers Mutual Insurance Company Robert P. Hames, Secretary by J. S. Kernper, III, Exec. Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Hames personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. My commission expires 1 ~26-02 AAAAAAAAAAAAA :=OFFICIAL 9EAL" Irene Klewer I1~ Norms/' PutHie: $tlte efllllrlele Cemmisllm~SxlNrsJIIr~2~-~clll~ Irene Klewer, Notary Public CERTIFICATION t, J.K. Conway, Corporate Secreiry of the Lumbermens Mutual Casualty Company, the Amedcan Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated JanuaW 28, 1993 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kember, III and Robert P. Hames, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motodst Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Ins~ura ca Company, and the Amedcan Manufacturers Mutual Insurance Company on this ,19 J. K. Conway, Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein sited. FK 0362 6-96 Power of Attomey- Term Pdnted in U.S.A BOND NO. 3SM 914 507 00 PREMIUM: $3,575.00 Two Year Premium First Term Premium Fully Famed CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND EROSION CONTROL-LANDSCAPE IMPROVEMENTS WHEREAS, the City of Temecula, State of California, and Partnership (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated Sept:ember 22 19 98, and identified as Project TR 23143-1 , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the agreement to furnish a bond for the Faithful Performanc~ of the agreement: American Motorists NOW, THEREFORE, we the Principal and Insurance Conpany as surety, are held and 0O firmly bound unto the City of Temecula, California, in the penal sum of $$357,500 iavacuI money of the Urtited States, for the payment of such sum well and truly to be made, we bind ourseWes, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees. incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications R: xAG MT~ LD AG MTS~A rT11 PER. BON City of Temecula Subdivison Faithful Performance Bond Page 2 accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 16 ,1998. [SBAL] [SBAL] SURETY American Motorists Insurance Canpany Wi I 1 i a&gfN~hnpp~r alne) Attorney-in-Fact ('rmc) PRINCIPAL Crowne Meadows, L.L. P. %Washington Limited Partnership By: mmun~i~i~)~~st EVP of Co Development and Construction Company, its Authorized Agent fri~e) By: (Name) APPROVED AS TO FORM: (Title) Peter M. Thorson, City Attorney R-,~A(;MTS~I,DAGMTS'J:AITHPERBON State of California County of Los Angeles ,,,_.- !998 On before me, C. Clarkson, Notary Public, NAME, TITLE OF OFFICER personally appeared William J. 8hupper NAME OF SIGNER IPersonally known to me - OR - [3 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 capacitydes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT i'] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) I"] PARTNER(S) [] LIMITED Bond(s) TITLE OR TYPE OF DOCUMENT [] GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE I 'EmPER. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove. Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint William J. Shupper of Los Angeles. California ***" their true and lawful agent(s) and attomey(s)-in-fact. to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31. 2001 This Power of Attomey is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact. and to authorize them to execute on behalf of the Company. and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof. and any such officers of the Company may appoint agents for acceptance of process." This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: 'VOTED, That the signature of the Chairman of the Board, the President, any Vice President. or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certffications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certffied: Robert P. Hames. Secretary Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company J. S. Kemper, III, Exec. Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kernper, III and Robert P. Hames personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. My commission expires 1-28-02 AAAAAAAAAAAAA =:OFFICIAL 9EAL" Irene Klewer ~1~ Notetry PUblic: State of IIIInole ~ C~mmls11~ Explr~J~ Irene Klewer, Notary Public CERTIFICATION I, J.K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated January 28, 1993 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and Robert P. Hames, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attomey the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the Amedcan Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumben'nens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this J. K. Conway, Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings spec, fficelly named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 Power of Attorney - Term Printed in U.S.A BONDNO. 3SM 914 506 00 PREMILM: $970.00TwoYearPremium First Term Premium Fully Earned CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND FOR GRADING PROJECTS AND/OR EROSION CONTROL-LANDSCAPE IMPROVEMENTS · ' WHEREAS, the City of Temecula, State of Calfforma, and 1v~ "-~n~rship (hereina~er designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated September 22 19 98, and identified as Project TR 23143-1 , is hereby referred to CSA Slopes and made a pan hereof; and WHEREAS, Principal is required under the terms of the agreement to furnish a bond for the Faithful Performance of the agreement: American Motorists NOW, TIIEREFORE, we the Principal and Insurance cu,~,,any as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum oI~7' 000'001awful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, joinfly and severally. The condition of this obligation is such that the obligation shall become null and void ff the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their pan, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount spedfled therefore, there shall be included costs and reasonable expenses and fees, including reasonable aUomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to lhe work to be pe~ormed thereunder or the specifications , _ ,~.~,,_7_ R sAiiM'r~,,II)AGIdT~XI::ArrlIPFR BON City of Temecula Subdivison Faithful Performance Bond Pap 2 accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 16 ,19 98 [SFAL] [SEAL] SURETY American Motorists Insurance Cc~pany By: ~.( William Shupper ~dne) Attorney-in-Fact Cnae) PRINCIPAL Cr~wne Meadows, L.L. P ,, a WashingtOn r.~mited ~ nership Co ' ies Southwe Development By: ~n .n~c,t~ n Cry. ~ts Authorized · .~C,~~ , Agent . ~t~ v~ By: (Tiae) (Name) APPROVED AS TO FORM: (Tiae) Peter M. Thorson, City Attorney R .~.AGMT~LDAGMTSXFAITHPER .BON State of California County of Los Angeles on JUN ~ ~ 1998 personally appeared before me, C. Clarkson, Notary Public, NAME, TITLE OF OFFICER William J. Shupper NAME OF SIGNER IPersonally known to me - OR - ~ G. CLARKSO~'~ s COMM. -,~115~39 a NOTARY PUBLIC CALIFORNtA S LOS ANGELES COUNT'," 2 My Cornre. Expires Sef~. 5, 2001 ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ' (~I~AT~OTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'I'rACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) Bond(s) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) I'1 LIMITED E] [] GENERAL ATi'ORN EY-I N-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYdES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE I 'emPER. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereina~er collectively referred to as the "Company") do hereby appoint William J. Shupper of Los Angeles, California ..... their true and lawful agent(s) and attomey(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth heroin. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected off'tcers at their principal office in Long Grove, Illinois. i - THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which am hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President. or any Vice President. or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: ''VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attomey or bend executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certified: Lumbermens Mutual Casualty Company Amedcan Motorists Insurance Company American Manufacturers Mutual Insurance Company Robert P. Hames, Secretary by J. S. Kemper, III, Exec. Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Kiewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Haines personafiy known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. My commission expires 1-28-02 ::OFFIClAL SEAL" 4If lrtne Klowor 41~ Netin/Public: Stirs otllllllol~ 4It ~ r, mlnm l~,smn espffec..ian. Irene Klewer, Notary Public CERTIFICATION I, J.K. Conway, Corporate Secretary of the Lumberrnens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated January 28, 1993 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kernper, III and Robert P. Hams, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Lumpermens Mutual Casualty Company, the Amedcan Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the Amedcan Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this JUN 3, 6 1998 e J. K. Conway, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 Power of Attorney - Term Pdnted in U.S.A ITEM 2 CITY ATTOR~YPROV.~/~~A DIRECTOR OF FINA E ~ CITY MANAGER ~" TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors ~.Herman D. Parker, Director of Community Services September 22, 1998 Environmental No. 41 Revised (EA41 - Revised) Temecula Duck Pond Master Plan PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors adopt the subsequent mitigated Negative Declaration for Environmental Assessment No. 41 Revised (EA-41, Revised). BACKGROUND: On April 9, 1996, the Board of Directors approved the Master Plan and adopted the Negative Declaration for the Temecula Duck Pond. The designer began the preparing construction drawings and specifications for the Phase II improvements to the park. This phase included the addition of a northbound right hand turn lane from Ynez Road onto Rancho California Road. Subsequent to approval of the Master Plan, staff recognized the opportunity widen Ynez Road adjacent to the park improvements to its full northbound width and the installation of a traffic signal at the proposed newly aligned Terra Vista and Ynez intersection. Construction documents also required reducing the water level of the pond by three to five feet during construction in order to accommodate footings and a wall to stabilize the pond edge. These items were not addressed in the original environmental review of the Master Plan. The Community Development Department has conducted a subsequent environment review of these improvements and prepared a revised Environmental Assessment for the project. The mitigation methods required by the revised Environment Assessment will be incorporated into the construction of the project. FISCAL IMPACT: Approval of this item will have no fiscal impact on the project. Staff will be bringing forth a recommendation to award a construction contract at a later date. Attachments: Notice of Proposed Negative Declaration Environmental Checklist Rusep\agendas\duck pond revised neg dec City of Temecula Planning Department Notice of Proposed Negative Declaration PROJECT: Environmental Assessment No. 41 Revised (EA No. 41 - Revised) - Temecula Duck Pond Master Plan - Subsequent Negative Declaration APPLICANT: City of Temecula LOCATION: Southeast corner of Rancho California and Ynez Roads DESCRIPTION: The design and construction of full roadway improvements to Ynez Road from the intersection of Rancho California Road/Ynez Road south to the intersection of Ynez Road/Tierra Vista Road; the removal of nineteen trees (to be replaced with forty trees); the installation of approximately 1000 lineal feet of 48" diameter steel water pipe within Ynez Road right-of-way, located at a depth of approximately seven (7) feet, with the installation of various appurtenances including: valves, blow-offs, air release/air vacuum valves, manways, and corrosion protection devices; temporary traffic control measures to be implemented during roadway construction and pipeline installation; the installation of a traffic signal at the intersection of Ynez Road and Tierra Vista Road; and the draining of the level of the Temecula Duck Pond during park improvements. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design and/or the Mitigation Monitoring Program which is attached to this Notice and will be included as part of the Negative Declaration for this project. The Comment Period for this proposed Negative Declaration is September 2, 1998 to September 22, 1998. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at 43200 Business Park Drive. The public notice of the intent to adopt this Negative Declaration is provided through: X The Local Newspaper. X Posting the Site. X Notice to Adjacent Property Owners. If you need additional information or have any questions concerning this project, please contact (Matthew Fagan, Associate Planner at (909 694-6400 ~((~m; and Title) R:\PLANNING\41EA-REV.PND 8/18/98 mf CITY OF TEMECULA Environmental Checklist , , Project Title: Environmental Assessment No. 41 Revised (EA41 - Revised) o Temecula Duck Pond Master Plan - Subsequent Negative Declaration Lead Agency Name and Address: City of Temecula 43200 Business Park Drive Temecula, CA 92591 Contact Person and Phone Number: Matthew Fagan, Associate Planner (909) 694-6400 Project Location: Southeast comer of Rancho Califomia and Ynez Roads Project Sponsor's Name and Address: City of Temecula Community Services Department General Plan Designation: OS (Open Space/Recreation) Zoning: SP (Specific Plan - Rancho Highlands Specific Plan No. 180) Description of Project: The design and construction of full roadway improvements to Ynez Road from the intersection of Rancho California Road/Ynez Road south to the intersection of Ynez Road/Tierra Vista Road; the removal of nineteen (19) trees (to be replaced with forty trees); the installation of approximately 1,000 lineal feet of 48" diameter steel water pipe within Ynez Road right-of-way, located at a depth of approximately seven (7) feet, with the installation of various appurtenances including: valves, blow-offs, air release/air vacuum valves, manways, and corrosion protection devices; temporary traffic control measures to be implemented during roadway construction and pipeline installation; the installation of a traffic signal at the intersection of Ynez Road and Tierra Vista Road; and the draining of the water level of the Temecula Duck Pond during park improvements. Section 15162 of the CEQA Guidelines states that a subsequent Negative Declaration is required if additional impacts, not previously considered, or substantial increases in the severity of impacts result if new information that could not have been known at the time the subsequent Negative Declaration was prepared. It is staffs determination that these conditions have not occurred and a subsequent Negative Declaration is being circulated for review and comment. R:\CEQA\41EA-REV.IES 8/18/98 mf This Initial Environmental Study (IES) is tiered from the Initial Environmental Study from Environmental Assessment No. 41 (Temecula Duck Pond Master Plan). Only those impacts in excess of the previously Negative Declaration will be addressed in this IES. , Surrounding Land Uses and Setting: The Embassy Suites Hotel is to the west of the project, vacant land to the south, Temecula Town Center Shopping Center is to the north, and a restaurant (Oscars on the Pond) is located to the East. 10. Other public agencies whose approval is required: Riverside County Fire Department, Riverside County Health Department, Temecula Police Department, Eastern Municipal Water District, Rancho California Water District, Southem California Gas Company, Southem Califomia Edison Company, General Telephone Company, and Riverside Transit Agency. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Land Use and Planning [ ] Hazards [ ] Population and Housing [ ] Noise [ ] Geologic Problems [ ] Public Services [ ] Water [ ] Utilities and Service Systems [ ] Air Quality [X] Aesthetics [ ] Transportation/Circulation [ ] Cultural Resources [ ] Biological Resources [ ] Recreation [ ] Energy and Mineral Resources [ ] Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A SUBSEQUENT NEGATIVE DECLARATION will be prepared. Conditions described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162 calling for the preparation of a subsequent Negative Declaration have occurred since the adoption R:\CEQAX41EA-REV.IES 8/18/98 mf 2 of the original Negative Declaration. This Subsequent Negative Declaration more clearly identifies and address the specific impacts from project modifications. Staff recommends the City Council Make a Determination of Consistency With a Project for Which an Negative Declaration was Previously Adopted, make fmdings that a Subsequent Negative Declaration is required and Adopt the Subsequent Negative Declaration. R:\CEQA\41EA-REV.IES 8/18/98 mf 3 ISSUES AND SUPPORTING INFORMATION SOURCES 1. LAND USE AND PLANNING. Would the proposal: a. Conflict with general plan designation or zoning? (Source 1, Figure 2-1, Page 2-17) b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c. Be incompatible with existing land use in the vicinity? d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source 1, Figures 5-4 & 5-5, Pages 5-15 &5-17) e. Disrupt or divide the physical arrangement of an established community (including low-income or minority community)? 2. POPULATION AND HOUSING. Would be proposal: a. Cumulatively exceed official regional or local population projects? b. Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure)? c. Displace existing housing, especially affordable housing? (Source 1, Figure 2-1, Page 2-17) 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving? a. Fault rupture? (Source 1, Figure 7-1, Page 7-6 ) b. Seismic ground shaking? c. Seismic ground failure, including liquefaction? d. Seiche, tsunami, or volcanic hazard? e. Landslides or mudflows? f. Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? g. Subsidence of the land? h. Expansive soils? i. Unique geologic or physical features? Potentially Significant Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Potentially Significant Unless Mitigation Incorporated [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Less Than Significant Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] No Impact Ix] [x] Ix] Ix] [x] [x] [x] [x] Ix] Ix] Ix] [x] Ix] Ix] Ix] [x] [x] R:\CEQA\4 1EA-REV.1ES 8/18/98 mf 4 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 4. WATER. Would the proposal result in: a. Changes in absorption rates, drainage pa~tems, or the rate and mount of surface runof~. b. Exposure of people or property to water related hazards such as flooding? c. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d. Changes in the amount of surface water in any water body? e. Changes in currents, or the course or direction of water movements? f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g. Altered direction or rate of flow of groundwater? h. Impacts to groundwater quality? i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5. MR QUALITY. Would the proposal: a. Violate any air quality standard or contribute to an existing or projected air quality violation? b. Expose sensitive receptors to pollutants? c. Alter air movement, moisture or temperature, or cause any change in climate? d. Create objectionable odors? 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a. Increase vehicle trips or traffic congestion? b. Hazards to safety from design features (e.g. sharp curves or dangerous intersection or incompatible uses)? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [] [] [] [] [x] [] [] [] [] [] [] [] [] [] [x] [] [x] Ix] [x] [] Ix] [x] Ix] Ix] Ix] Ix] [x] Ix] [x] [] [x] R:XCEQA\41EA-REV.IES 8/I 8/98 mf 5 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact c. Inadequate emergency access or access to nearby uses? d. Insufficient parking capacity on-site or off-site? e. Hazards or barriers for pedestrians or bicyclists? f. Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g. Rail, waterborne or air traffic impacts? 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? b. Locally designated species (e.g. heritage trees)? c. Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? d. Wetland habitat (e.g. marsh, riparian and vernal pool)? e. Wildlife dispersal or migration corridors? 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? b. Use non-renewal resources in a wasteful and inefficient manner? c. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 9. HAZARDS. Would the proposal involve: a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation)? b.Possible interference with an emergency response plan or emergency evacuation plan? c. The creation of any health hazard or potential health hazard? [] [] [] [] [] [l [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [] [] ix] Ix] [x] [x] ix] [x] Ix] [x] [x] [x] [x] [x] [x] [x] Ix] [x] [] R:\CEQA\41EA-REV.IES 8/18/98 mf 6 ISSUES AND SUPPORTING INFORMATION SOURCES d. Exposure of people to existing sources of potential health hazards? e. Increase fire hazard in areas with ~ammable brush, grass, or trees? 10. NOISE. Would the proposal result in: a. Increase in existing noise levels? b. Exposure of people to severe noise levels? 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Maintenance of public facilities, including roads? e. Other governmental services? 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Local or regional water treatment or distribution facilities? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste disposal? g. Local or regional water supplies? 13. AESTHETICS. Would the proposal: a. Affect a scenic vista or scenic highway? b. Have a demonstrable negative aesthetic effect? Potentially Significant Impact [] [] [] [] [] [] [] [] [] [] [] [1 [] [1 [] [] [1 [] Potentially Significant Unless Mitigation Incorporated [] [] [] [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [x] Less Than Significant Impact [x] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [1 No Impact [] [x] [x] [x] [x] [x] [x] [x] [x] [x] [x] [x] [x] [x] [x] Ix] [x] [] R:\CEQAxA1EA-REV.IES 8/18/98 mf 7 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact Impact c. Create light or glare? 14. CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? b. Disturb archaeological resources? c. Affect historical resources? d. Have the potential to cause a physical change which would affect unique ethnic cultural values? e. Restrict existing religious or sacred uses within the potential impact area? 15. RECREATION. Would the proposal: a. Increase the demand for neighborhood or regional parks or other recreational facilities7 b. Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE. ao Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Does the project have impacts that area individually limited, but cnmulatively considerable? CCnmulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d, Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [x] [x] [x] [x] [x] [x] ix] ix] [x] Ix] [x] [x] R:\CEQA\4 1 EA-REV.IES 8/18/98 mf 8 17. EARLIER ANALYSES. Earlier analyses used: This Initial Enviromental Study (IES) is tiered from the Negative Declaration prepared for the Temecula Duck Pond Master Plan which was adopted by the City Council on April 9, 1996. SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Final Environmental Impact Report. 3. South Coast Air Quality Management District CEQA Air Quality Handbook. R:\CEQA\41EA-REV.IES 8/18/98 mf 9 DISCUSSION OF THE ENVIRONMENTAL IMPACTS L Land Use and Planning The proposed project modifications will not result in additional impacts which would conflict with general plan designation or zoning, conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project, be incompatible with existing land use in the vicinity, affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses or disrupt or divide the physical arrangement of an established community (including low-income or minority community) above those addressed in the previously adopted Negative Declaration. 2. Population and Housing The proposed project modifications will not result in additional impacts which would: cumulatively exceed official regional or local population projects, induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure), or displace existing housing, especially affordable housing above those addressed in the previously adopted Negative Declaration. 3. Geologic Problems The proposed project modifications will not result in or expose people to potential impacts involving the following: fault rupture, seismic ground shaking, seismic ground failure, including liquefaction, seiche, tsunami, or volcanic hazard, landslides or mudflows, erosion, changes in topography or unstable soil conditions from excavation, grading or fill, subsidence of the land, expansive soils or unique geologic or physical features above those addressed in the previously adopted Negative Declaration. 4_. Water The proposed project modifications will not result in additional impacts which would: changes in absorption rates, drainage patterns, or the rate and mount of surface runoff, exposure of people or property to water related hazards such as flooding, discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity), changes in currents, or the course or direction of water movements, change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability, altered direction or rate of flow of groundwater, impacts to groundwater quality or substantial reduction in the mount of groundwater otherwise available for public water supplies above those addressed in the previously adopted Negative Declaration. The project will result in reducing the amount of surface water in the Pond; however, it is considered less than significant. R:\CEQA',41EA-REV.IES 8/18/9S mf l 0 Air Quality The proposed project modifications will not result in additional impacts which would: violate any air quality standard or contribute to an existing or projected air quality violation, expose sensitive receptors to pollutants, alter air movement, moisture or temperature, or cause any change in climate or create objectionable odors above those addressed in the previously adopted Negative Declaration. 6. Transportation/Circulation The proposed project modifications will not result in additional impacts which would: an increase vehicle trips or traffic congestion, hazards to safety from design features (e.g. sharp curves or dangerous intersection or incompatible uses), inadequate emergency access or access to nearby uses, insufficient parking capacity on-site or off-site, hazards or barriers for pedestrians or bicyclists, conflicts with adopted policies supporting altemative transportation (e.g. bus turnouts, bicycle racks) or rail, waterborne or air traffic impacts above those previously addressed in the adopted Negative Declaration. A traffic signal is proposed at the intersection of Ynez Road and Tierra Vista Road and will serve to provide safer ingress and egress into the park site and the existing and proposed residences on Tierra Vista Road on the west side of Ynez Road. Roadway improvements include full roadway improvements along Ynez Road from the intersection ofRancho Califomia Road/Ynez Road feet south to the intersection of Ynez RoadrYierra Vista Road. A traffic control plan will be designed and approved by the City to minimize impacts to motorists and pedestrians during project construction. Implementation of this plan during the construction period will reduce impacts to a less than significant level. 7_. Biological Resources The proposed project modifications will not result in additional impacts which would result in an impact to: endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds), locally designated species (e.g. heritage trees), locally designated natural communities (e.g. oak forest, coastal habitat, etc.), wetland habitat (e.g. marsh, ripman and vernal pool) or wildlife dispersal or migration corridors above those addressed in the previously adopted Negative Declaration. According to the Biological Assessment Update prepared by Principe and Associates, dated May 4, 1998: "The reduction in size of an urban duck pond will not have a significant effect on the native migratory waterfowl using this portion of the Pacific Flyway. 8. Energy and Mineral Resources The proposed project modifications will not result in additional impacts which would: conflict with adopted energy conservation plans, use non-renewal resources in a wasteful and inefficient manner or result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State above those addressed in the previously adopted Negative Declaration. R:\CEQA\41EA-REV.IES 8/18/98 mf 11 9. Hazards The proposed project modifications will not result in additional impacts which would: a risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation), possible interference with an emergency response plan or emergency evacuation plan or an increase to fire hazard in areas with flammable brush, grass, or trees above those addressed in the previously adopted Negative Declaration. The project will have a less than significant possibility for the creation of any health hazard or potential health hazard or exposure of people to existing sources of potential health hazards. Staff contacted the County of Riverside Department of Environmental Health (Health Department) to receive their comments regarding draining the level of the pond to accommodate the improvements to the pond. The Health Department responded that they have no objections to utilize the Temecula Duck Pond water for temporary dust control on the neighboring development. Five suggestions were made by the Health Department and they will be included as Mitigation Measures for the project. Af[er mitigation measures are incorporated, no significant impacts are anticipated. 10, Noise The proposed project modifications will not result in additional impacts which would result in: an increase in existing noise levels or exposure of people to severe noise levels above those addressed in the previously adopted Negative Declaration. 11, Public Services The proposed project modifications will not result in additional impacts to: fire protection, police protection, schools, maintenance of public facilities, including roads or other govemmental services above those addressed in the previously adopted Negative Declaration. 12. Utilities and Service Systems The proposed project modifications will not result in additional impacts to the following: power or natural gas, communications systems, local or regional water treatment or distribution facilities, sewer or septic tanks, storm water drainage, solid waste disposal or local or regional water supplies above those addressed in the previously adopted Negative Declaration. Aesthetics As discussed in the previously adopted Negative Declaration, the project will not affect a scenic vista or scenic highway. The project will have a potentially significant impact from light and glare; however, those impacts from the proposed project will not be above those addressed in the previously adopted Negative Declaration. The project will have a demonstrable negative aesthetic effect because mature trees on the site are will be removed for the expansion of Ynez Road. Nineteen mature trees, ranging in trunk widths of 6" to 36" will be removed. To mitigate this impact, forty (40) trees (33-24" box, 3-36" box, 3-48" box and 1- 60" box) will be planted. While the immediate impact will evident, the long-range R:\CEQA\41EA-REV.IES 8/18/98 mf 12 impact will be less than significant because of the additional trees. After mitigation, no significant impacts are anticipated as a result of this project. 14. CulturalResources The proposed project modifications will not result in additional impacts which would: disturb paleontological resources, disturb archaeological resources, affect historical resources, have the potential to cause a physical change which would affect unique ethnic cultural values or restrict existing religious or sacred uses within the potential impact area above those addressed in the previously adopted Negative Declaration. 15. Recreation The proposed project modifications will not result in additional impacts which would: increase the demand for neighborhood or regional parks or other recreational facilities or affect existing recreational opportunities above those addressed in the previously adopted Negative Declaration. R:\CEQA\41EA-REV.IES 8/18/98 mf 13 Mitigation Monitoring Program Environmental Assessment No. EA-041 (Revised) Temecula Duck Pond Master Plan - Subsequent Negative Declaration Hazards General Impact: Potential impacts from utilizing Pond water for temporary dust control of development. Mitigation Measure: Reduce any potential impacts through techniques recommended by the County of Riverside Department of Environmental Health. Specific Process: A source of approved drinking water shall be provided to all workers on the job site. All pipelines carrying the pond water shall be labeled "do not drink." All workers will be encouraged to thoroughly wash their hands should they come into contact with the pond water. Minimize the potential for the accumulation of standing pond water on-site. Notify the Health Department when the dust control project begins and ends. Mitigation Milestone: Before, during and after draining the pond Responsible Monitoring Party: Community Services and Public Works Departments R:\CEQA\41EA-REV.IES 8/18/98 mf 14 TCSD DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINAN ~<~ CITY MANAGER ~N~//~ '~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services September 22, 1998 Departmental Report PREPARED BY: Gail L. Zigler, Administrative Secretary On February 10, 1998, the City Council awarded a contract to Edge Construction for $1.35 million, for the construction of Margarita Community Park. Construction is moving forward on schedule and the project is approximately 50% completed. The Master Ran includes parking, lighting, tot lots, picnic facilities, landscaping, irrigation, pedestrian walkways, a roller hockey rink, tennis courts, and ballfield lighting. It is anticipated this project will be completed in the Spring, 1999. On February 10, 1998, the City Council awarded a contract to Terra Cal Construction for $601,000, for the construction of Winchester Creek Park. Construction is moving forward on schedule. The restroom, play structure and picnic shelter are installed. Winchester Creek Park is a 4.5 acre passive use park consisting of a tot lot, picnic facilities, an outdoor basketball court, a sand volleyball court and open turf areas. Staff anticipates this project to be completed in early 1999. On March 17, 1998, the Board of Directors approved a Professional Services Agreement and Scope of Services, in the amount of $55,000, with AMS Planning and Research, for the preparation of a ten (10) year Cultural Arts Master Plan for the City of Temecula. The committee is meeting regularly on the third Tuesday of each month On May 12, 1998, Council awarded a design contract in the amount of $58,000 to LPA, Inc., to cover site selection, programming and site master planning for the Temecula Library. The committee is currently meeting on a regular basis. On September 10, 1998, the committee participated in an all day bus trio to tour the following libraries: Corona, Mission Viejo, San Marcos and Rancho Bernardo. The committee had a follow-up meeting on September 15, 1998. It is anticipated this phase of the project will take approximately six (6) months to complete. ~A~AGDiDAS~!pt9809 September 15, 1998 The Sports Park Sidewalk Project is currently in third plan check. Modifications were made to the landscaping and irrigation plans. Staff anticipates this project will be out to bid in October, 1998. The City of Temecula Community Services Department brought forward to the TCSD Board of Directors a Joint Use Agreement with the Temecula Valley Unified School District for use of the Temecula Valley High School Tennis Courts. The agreement was approved by the Board of Education on August 18, 1998. The agreement provides for the lighting and maintenance of eight tennis courts at Temecula Valley High School, by the City of Temecula0 in exchange for the use of the tennis courts in the City's overall parks and recreation program. The plans have been approved by School District Officials and are currently being reviewed by City staff. We anticipate we will go out to bid on this project in October, 1998. The City of Temecula Community Services Department will present the final concert in the Second Annual Summer Concert Series, co-sponsored by Target of Temecula and the Arts Council of Temecula Valley. The Concert On The Green will be held on Sunday, September 27, 1998, at the Rancho California Sports Park. R:~A~AGEl~IDAS~iiS9809 Sel~sds~ 15, 1~)98 REDEVELOPMENT AGENCY ITEM 1 RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members John Meyer, Housing & Redevelopment Manager ~ September 22, 1998 Monthly Departmental Report Attached for your information is the monthly report as of September 22, 1998 for the Redevelopment Department. This report covers housing, redevelopment and economic development. HOUSING First Time Homebuyers Program · Funding in the amount of $400,000 is available for FY 97-98. 5 Loans have been closed for $101,780.00 with 3 loans pending. Residential Improvement Programs Since the program started, thirty-nine projects have been completed and 19 are in process. The majority of these projects are roof repairs, repainting and fence replacement. Temecula O.N.E. On August 28, 1998, Pujol and Sherwood Apartments received certification bringing 50% of all apartments in Temecula into the Crime Free Multi-Housing Program. This is a significant milestone. Crime Free Multi-Housing Program certificates have also been awarded to Rancho West, Vintage View, Morning Ridge, Summer Breeze, Creekside, Sycamore Terrace, Acacia, Rancho California and Margarita Summit Apartments. North Pujol Redevelopmerit Project The Affirmed Housing Group has received development plan approval to rehabilitate 30 existing units and build 38 new 3-bedroom units. The project is currently in plan check. OLD TOWN Old Town Streetscape Improvement Projects Construction began July 1, 1998. This project is scheduled for completion on November 15. Merchant meetings are being held every Tuesday at 2:00 p.m. at City Hall and every other Monday at 6 p.m. at Butterfield Square in Old Town. At the August 11 Council meeting, the City Council authorized staff to hire Ginney Reynolds as the Old Town Ambassador to answer questions and provide assistance to the businesses in Old Town on Fridays, Saturdays and Sundays. Facade Improvement Non-Conforming Sign Program The following facade improvement projects are completed: · Temecula Creek Plaza (southwest corner of Sixth and Front) - repair and paint · The Bank Restaurant - paint · Long Branch Antiques (Formerly NAPA Auto Parts) - facade renovation The following facade improvement applications are being processed: · Second Street Automotive - complete facade renovation · Rancon Building - Repaint Trim Old Town Promotion The "Spend A Buck, Get A Buck" shopping promotion will begin on October 1, 1998, and will run through November 20, 1998. Merchants will sell their merchandise or services and shoppers will get an extra bonus by receiving construction dollars in return for the amount spent. Customers will be able to spend their construction dollars at a Live Auction which will 2 be held on Saturday, November 21 at the Antique Fair in Old Town. A Preview of auction items will run from 11:00 a.m. until 2:00 p.m. The Live Auction, featuring Mayor Pro Tem Steve Ford (as auctioneer), will follow at 2:00 p.m. and will end at 4:00 p.m. Businesses will donate merchandise and services which will include fine art, jewelry, antiques, collectibles, gift certificates for meals and services. Advertising that has been contracted for the shopping promotion to date includes three antique publications, Olde San Diego Gazette, local magazines and KATY radio. 96 media packages were assembled and mailed out to radio, television, newspapers, magazines, and professional organization publications. The packages contained an overview press release of Old Town's $5 million facelift, construction hat, Old Town pencil, button and Walking Tour Map. Inland Empire 'IV received the packet and called to say they aired the Old Town information on their breadcast. KABC received them and indicated that they enjoyed receiving the package and considered wearing the construction hats during their news broadcast. The Olde San Diego Gazette will feature Temecula on its front cover in their November issue. The publication will focus on Temecula's history, which has been provided by Bill Harker, Old Town promotions, and the Tree Lighting Ceremony. On August 29, 1998, the Old Town Farmer's Market relocated to the Old Town Transportation Center. This will be a temporary location while Old Town's $5 million facelift is underway. Signage has been posted for the markers new location. Old Town Communication Old Town Review - An informative newsletter recapping the previous week's events and updated information on the Streetscape Project is distributed to the merchants in Old Town on a weekly basis. Also, included in this newsletter are upcoming promotions and advedising opportunities. ADVERTISING Local Print Advertising - September/October Inland Entertainment Roundup - Ads and editorial were placed in September and October's issue. Approximately 26,000 copies are distributed throughout Riverside and North San Diego County. The Country Review - Ads and editorial were placed in September and October's issue. Approximately 10,000 copies are distributed in Temecula, Murrieta, Lake Elsinore, Menifee and Canyon Lake areas. Arts Council Design House '98 Program - A half page black & white ad was placed in this program. This target audience is ideal for Old Town merchants to advertise to. Public Service Announcements - PSA announcements informing the public of road access and street closures in Old Town are being sent each week to the local papers as well as KATY and KFROG radio stations. The announcements will also appear on the City's website. A paid announcement has been placed in the Californian to run twice a week for the month of September. Non-Print Media A 30-second cable ad is currently running on TCI cable stations. The Old Town spot will air for three months and will include a total of 455 30-second spots and 84 tags per month. Movie theater advertising for Old Town is currently being shown at the SoCal Tower Plaza, Temecula, and SoCal California Oaks, Murrieta. Old Town's 8 - 10 second color message appears every 4 ¼ minutes during all ¼ hour intermissions. The advertising will run for three months and will encourage people to visit and shop in Old Town. ECONOMIC DEVELOPMENT The City will exhibit at the NACORE (National Association of Corporate Real Estate Executives) Trade Show with California Trade & Commerce. The show will be held October 4 - 7, 1998 in Chicago. The City placed an island ad in the NACORE 1998 Symposium Welcome Program. The City received a free four-color island ad placement in Outlook's September issue. Outlook Magazine's distribution includes site selectors, CEO's, investors, and trade shows. Outlook sends inquiries responding to our ad and the City follows up with them. The City is a sponsor for the Diamond Venture Forum which will be held on October 8,1998, at the Mission Inn. Entrepreneurs and company representatives from a broad range of start-up and growth companies will be presenting their business plans in front of a group of investors representing over $240 million in investment capital. As a sponsor the City will receive free advertising in their program and is able to distribute City literature to attendees. Jim O'Grady attended the Inland Empire Economic Partnership's membership luncheon, which was held at the Mission Inn on September 10, 1998. The program included two site selectors, Arthur McKinney and John Brock, from McKinney & Company. Publicity Leads and Inquiries In the month of June, we responded to 4 leads and 11 inquiries. Fast Track There are no new Fast Track projects at this time. Expansion & Relocation Paradise Chevrolet is relocating and expanding their facility to the southeast corner of Solana 4 Way & Ynez Road. They are constructing a 58,500 sq. ft. building including a 50 bay service area and a 3100 sq. ~. Cadillac Olds Showroom. Speculative Building 3 new spec buildings are being built in the Westside Business Center: 19,500 sq. ft., 23,100 sq. ft. and 16,800 sq. ft. Saddelback Development is building an 82,000 sq. ft. facility, which can be divided up into areas of 4,000-10,00 sq. ft. These are meant to accommodate "incubator" businesses, which start small and need larger facilities as they grow. TOURISM The City is renewing its membership to San Diego Convention & Visitor's Bureau. Temecula's partnership with CONVIS positions us among the elite in the tourism industry. Their aggressive marketing worldwide translates into more visitors to Temecula. As a sponsor of the Great Temecula Tractor Race the City will receive a half page ad in their event program. Monthly calendar of events and Old Town press releases continue to go out to the media. Attachments: Temecula Valley Chamber of Commerce Report Temecula Valley Economic Development Corporation Report 5 27450 Ynez Road, Suite 104 Temecula, CA 92591 Phone (909) 676-5090 · Fax (909) 694-0201 September 14, 1998 Ronald E. Bradley, City Manager City of Temecula 43200 Business Park Drive Temecula CA 92590 Dear Ron: Attached please find the Monthly Activity Report provided as per our contract with the City of Temecula. This is the month of August at a glance: Business Inquiry Highlights · 8 businesses requested information on starting or relocating their business in Temecula. Committee Highlights · Membership Committee's Chamber Ambassadors attended 12 ribbon cuttings. · The Tourism Committee continues to support efforts in Old Town. The next three meetings are scheduled in restaurants in Old Town and the Chamber continues to promote the "Lunch in Old Town" concept. · Local Business Promotions Committee is planning two seminars with the first one scheduled for January 1999. The "Success Seminar Series" will focus on providing speakers with expertise in marketing strategies, customer relations and other business related topics. · The Education Committee 's School Brochure is currently being printed by The Press Enterprise. Committee Members will deliver brochures to housing tracts, Board of Realtors and the Weekend Visitor Center for distribution starting the month of September. · The Government Action Committee is supporting Prop. 5. Indian gaming is a significant source of economic development. A recent court decision was made that tried to exempt small homeowners from the Multiple Species Habitat Plan. Federal law prohibits local government from fighting the endangered species act. · Ways & Means Committee completed a successful Monte Carlo Nitc and Tcmecula Valley Pageant in August. Tourism Highlights (Bulk brochure distribution) · City with a Vision, 200 School Brochures and 200 Visitor' s Guides to Christ the Vine Lutheran Church for distribution to people rclocating to Tcmccula. · 200 Old Town Maps to the TVC C Weekend Visitors Center in Old Town. · 150 Tcmecula Brochures, 100 Pcchanga Brochures and 75 Old Town Maps to TVCC Weekend Visitor Center in Old Town. · 150 Old To~vn Maps, 100 Tcmccula Brochures and 100 Visitor's Guides to Rosa's Cantina for distribution to visitors to Temccula. 100 School Brochures, 100 Temecula Brochures, 100 Visitor's Guides and 100 Winery Brochures to Wine Country Real Estate for distribution to clients. · 100 Winery Brochures to the San Jacinto Chamber of Commerce for distribution to visitors. · 100 Temecula Brochures to Auto Club for distribution to Auto Club members. · 75 Winery Brochures and 20 Visitor's Guides to Temecula Valley Balloons for distribution to customers. · 50 city maps to the City of Temecula for distribution to developers. · 30 Travel Packets to the Temecula Valley Car Club who will be hosting members from across the country. · 50 Winery Brochures, 20 Temecula Brochures, 20 Visitor's Guides and 10 Old Town Maps to Where Angels Trudge for distribution to visitors in Old Town. · 20 Old Town Maps, 20 Temecula Brochures and 20 Visitor's Guides to the City of Temecula's Old Town Ambassador for distribution to visitors in Old Town. , 40 Temecula Brochures and 40 School Brochures to Century 21 for distribution to potential home buyers. · 17 Travel Packets, 17 Old Town Maps and 17 Visitor's Guides to E.R.D.T. for distribution to foreign exchange students visiting Temecula. , 15 Travel Packets to Corvettes Limited for distribution to their group who will be visiting Temecula. · 15 Old Town Maps and 15 Winery Brochures to Colleen Chase who will be hosting a family reunion. Marketing Report · Staff member submitted ten of Temecula's major events to California Division of Tourism California Celebrations Magazine for 1999. · Staff members are attending Old Town Marketing Meeting on a weekly basis and Chamber is assisting with marketing construction hats. Chamber staff assisted Old Town Marketing Committee in securing sponsors for 80,000 Old Town Maps. · Staff member artended the County of Riverside Multimedia Kiosk presentation. TVCC provided the County a Chamber disc for the Kiosk information program. Activity Report · Overall Tourism phone calls are up 35.27 percent from last year. · Overall mailings are up 43.23 percent from last year. · Overall walk-ins are up 142.94 percent from last year. Also attached are the Meeting Minutes for the Local Business Promotions, Tourism, Education, Ways and Means and Govemmental Action Committees. If you have any question regarding this information, please contact me at the Chamber. Sincerely, . / 'Alice S~"'~'~~~/' / PresidentJCEO Mayor Ronald H. Roberts Mayor Pro Tem Steven J. Ford Councilman Jeff Comerchero Councilman Karel F. Lindemans Councilman Jeffcry E. Stone Ron Bradley, City Manager Jim O'Grady, Assistant City Manager Gloria Wolnick, Marketing Coordinator TVCC Board of Directors PHONE CALLS TOURISM TOURISM REFERRALS Calendar of Events Special Events General Information TOTAL TOURISM CALLS RELOCATION DEMOGRAPHICS CHAMBER CHAMBER REFERRALS MISCELLANEOUS TOTAL PHONE CALLS WALK-INS TOURISM CALENDAR OF EVENTS SPECIAL EVENTS GENERAL INFORMATION RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL WALK-INS MAILINGS TOURISM RELOCATION DEMOGRAPHICS TOTAL MAILINGS TEMECULA VALLEY CHAMBER OF COMMERCE MONTHLY ACTIVITY REPORT For August, 1998 Chamber Vis. Center This Month This Month Total Year-To-Date 586 161 263 739 1,749 3404 798 3282 7,566 14,176 201 106 1,722 11,029 390 15,197 1381 534 11,989 55,105 1064 58,689 178 104 148 563 193 78 1004 86 2,354 103 77 6 6 192 2,015 775 603 4,749 1267 577 6,972 506 17,286 276 88 70 434 1721 975 830 3,040 GRAND TOTALS PHONE CALLS WALK-INS MAILINGS THIS MONTH 15,197 2,546 434 YEAR-TO-DATE 84,249 18,861 3819 ANNUAL VOLUME COMPARISONS Chamber August, 1997 Chamber August, 199 Percentage Increase WALK-INS TOURISM 170 178 4.71 * CALENDAR OF EVENTS N/A 104 N/A * SPECIAL EVENTS N/A 148 N/A * GENERAL INFORMATION N/A 563 N/A RELOCATION 249 193 -22.49 * DEMOGRAPHICS N/A 78 N/A CHAMBER 629 1004 59.62 * MISCELLANEOUS N/A 86 N/A VISITOR CENTER WALK-INS N/A 192 N/A TOTAL WALK-INS 1,048 2,546 142.94 MAILINGS TOURISM 178 276 55.06 RELOCATION 56 88 57.14 DEMOGRAPHICS 69 70 1.45 TOTAL MAILINGS 303 434 43.23 * Categories adjusted in 1998 to more accurately track volume. PHONE CALLS TOURISM Toudsm Referrals 515 586 13.79 Calendar of Events 229 161 -29.69 Special Events 174 263 51.1 5 * General Information 375 739 97.07 TOTAL TOURISM CALLS 1,293 1,749 35.27 RELOCATION 294 201 -31.63 DEMOGRAPHICS 218 106 -51.38 C HAM BER 1,435 1,722 20.00 CHAMBER REFERRALS 3,766 11,029 192.86 MISCELLANEOUS 178 390 119.10 TOTAL PHONE CALLS 7,184 15,197 111.54 Economic Development Corporation Temecula Valley September 15, 1998 Temecula Redevelopment Agency City of Temecula P.O. Box 9033 Temecula, CA 92590 RE: Agency/TVEDC Contract - Activity Summary The following highlights the activities of the TVEDC during the month of August: Business Development August brought three requests for proposals from the California Trade and Commerce office. TVEDC responded to all of the leads received with comprehensive packages that included site location information, demographics, labor availability and marketing materials. The proposals were requested by a light industrial crane manufacturing facility, a light manufacturing/distribution facility and a used-vehicle superstore. Five packages were mailed to various business enterprises during the month. Two Inquiries were received as a result of the Riverside County EDA radio ad and one response package was mailed. Both inquiries were looking for incentives on a local level. Staff continues to work on the feasibility study for the incubator project. Marketin.q Outreach TVEDC made a presentation to the Temecula Valley Chamber of Commerce Board of Directors meeting providing information regarding the current marketing focus of the TVEDC. Staff met with representatives from the Center for Employment Training, a private employee training facility located in Temecula. Partnering with private as well as public education facilities will provide an understanding of labor force training needs in the Temecula Valley. Staff artended the First Annual Air Quality Summit which focused on air quality legislative issues and TVEDC was invited to attend the High Sierra Workshop focusing on deregulation in the electric utility industry which was hosted by Southern California Edison. Post ()ffice Box 1388 · Ten~ecula, CA 92'~93-1388 · Office 909/695-5130 · F~LX 909/695-5126 Temecula Redevelopment Agency September 15, 1998 Page Two Business Relations The Business Relations Committee reported conducting five visitations during the month of August. The visits were a combination of on site and telephone conversations with existing businesses in the Temecula Valley. The visitations have produced concerns raised by some businesses regarding the Building and Safety Department for the City of Temecula. The Business Relations committee has followed up on two of the issues with Tony Elmo, Chief Building Official. Mr. Elmo agreed to meet with the Business Relations Committee on September 3, 1998 to discuss these issues and provide information to committee members about the building and safety permitting process. Administration/Or.clanization Staff assisted the Executive Committee planning process for the Annual Meeting and Economic Development Symposium to be held on September 29, 1998. This concludes the written summary of activity for the month of August. Please call if there are questions concerning this report. Y._yo/~2.~ /Judi Staats Interim Executive Director ITEM 18 APPROVAL CITY ATTORNEY DIRECTOR Of FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Community Development Director September 22, 1998 Adoption of Zoning Regulations and Licensing of Sexually Oriented Businesses At the August 25, 1998 meeting, the City Council continued this item and directed staff to meet with the property and business owners. However, the City Attorney needs additional time to conduct more research and is requesting this item be continued off-calendar. Prior to bringing this matter forward, staff will re-calendar the item for a later date and will arrange for more input into the ordinance provisions by affected property and business owners. 1 P:\NAASEHS~ADULTSR.CC 9/16/98 sn ITEM 19 APPROVAL CITY MANAGER TO: FRO M: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council ,j~Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Consideration of Adoption of a Resolution of Necessity for the Acquisition in Eminent Domain of Property for Street Improvements, Road and Highway Purposes in Connection with the Overland Drive Overcrossing Improvement Project (Hill Property) PREPARED BY: .~/~William G. Hughes, Senior Engineer - Capital Projects RECOMMENDATION: That the City Council: Consideration adoption of proposed Resolution No. 98- , a Resolution of Necessity of the City of Temecula Declaring Certain Real Property Necessary for Public Purposes and Authorizing the acquisition thereof in connection with the Overland Drive Overcrossing Project (Project No. PW95-11 ). Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all of the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote. a. If the City Council finds, based upon the evidence contained in and referred to in this report, the testimony and comments received in this hearing, that the evidence warrants the necessary finds with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 98- (which requires a 4/5ths vote of the entire Council) and the following authorize that an eminent domain proceeding be filed to acquire the subject property interests (APN 910-310-001 ): RESOLUTION 98- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECEWSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE OVERLAND DRIVE OVERCROSSING IMPROVEMENT PROJECT r:\agdrpt\97\O922\overlandpw95-11 1 3. b. If the City Council finds, based upon the evidence contained in and referred to in this report, the testimony and comments received in this headng, that the evidence warrants the necessary finds and respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 98- (which requires a 4/5th vote of the entire Council) and the following authorize that an eminent domain proceeding be filed to acquire the subject property interests (APN 910-310-002): RESOLUTION 98- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE OVERLAND DRIVE OVERCROSSING IMPROVEMENT PROJECT As to resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County in the amount of $109,348.00 for deposit in court to obtain an order for possession of the Dean F. Hill and Connie Mae Hill property interests. 5. Authorize the City Manager to execute all necessity documents, BACKGROUND: the Overland Drive Overcrossing Improvement Project (the "Project") consists of a proposed four-lane freeway crossing that will connect Jefferson Avenue, to the west of Interstate 15, and Ynez Road to the east of Interstate 15. Ovedand Drive is proposed to continue easterly to Margarita Road as part of a separate project. The purpose of the Project is to provide local traffic with a means across Interstate 15 from the principally residential neighborhoods on the east to the industrial and commercial centers to the west of Interstate 15. In addition to providing a much needed means for local traffic to cross the Interstate, by providing this alternate route to local commuters, the present congestion at the Winchester Road and Rancho California Road interchanges is anticipated to be mitigated, especially during peak hours. The Subject Property Interests set forth in Exhibits I through 7 to proposed Resolution No. 98- are portions of a larger parcel known as Assessors Parcel Nos. 910-310-001 and 910-310-002. The parcels are located at the northeast corner of Jefferson Avenue and Overland Drive, City of Temecula, County of Riverside. The parcels are located in Stage One and Stage Two, which involves construction of the Overcrossing and Jefferson Avenue, it is anticipated to take approximately 18 months to complete. The overcrossing will slope downwards towards Jefferson Avenue, containing two (2) lanes of travel in each direction, then widen to five (5) lanes to accommodate turn lanes at the end of the improvement. The right-of-way will include drainage improvements, relocated utilities, streetlights, landscaping, and irrigation improvements. The need for the Overcrossing has been recognized since the time of formulation and adoption of the General Plan in 1993. It is a component of the City's Circulation Element of the General Plan. The basic framework for the highway component of the Circulation Element was established by the Riverside County Southwest Area Plan ("SWAP"), which is on file in the City Clerk's Office and incorporated in this Agenda Report by this reference. r:\a0drpt\97\O922\overlandpw95-11 2 In addition to the SWAP Circulation Plan, the following plans and programs are also integral to the City's Circulation Element and are relevant to the design and location of the proposed Ovedand Drive Overcrossing Improvement Project: City of Temecula Five Year Capital Improvement Program, Riverside County Congestion Management Program, SCAG 1989 Air Quality Management Plan and Regional Mobility Plan, Caltrans District 8 Regional Transportation Strategies Plan. Each of these documents is on file in the City's Public Works Office and is incorporated in this staff report by this reference. The proposed Project is designed to meet a number of objectives of the Circulation Element, including: 1. To provide for traffic service levels of D or better; To implement the construction of traveled ways based on the need to provide such service; Establishment of east-west continuity in the City, which will assist in mitigating traffic congestion at highway interchanges as the City develops. The location and alignment of the proposed Project has been dictated by a number of traffic and planning studies, including: 1. The General Plan, Land Use and Circulation Elements; 2. The Specific Plan for the Temecula Regional Center; 3. Traffic studies for the Temecula Regional Center. Each of the cited documents is on file in the City's Public Works Department and is incorporated in this report by this reference. The potential environmental impacts of the Project have been studied and analyzed by the City. On January 14, 1992, the City of Temecula approved a Mitigated Negative Declaration regarding the construction of the overpass for Overland Drive and duly filed a Notice of Determination thereof (Negative Declaration EA-6). On August 8, 1995, the City of Temecula adopted a revision and modification of the Mitigated Negative Declaration to address the relocation of utility lines (EA-6 Revised). Notice of determination thereof was duly filed on August 10, 1995. Pursuant to California Environmental Quality Act Guidelines 15162, et seq., the findings made in connection with the Mitigated Negative Declaration No. EA-6, and EA-6 Revised, are appropriate findings with regard to the proposed acquisition of the Subject Property Interests. The environmental documentation prepared in connection with these actions was reviewed by staff on July 6 and 7, 1998 and it was determined that no significant changes in the Project or in the environment, and no new information had been obtained which would require further environmental analysis. To adopt the proposed Resolution of Necessity, the City Council must find and determine that: ' A. The public interest and necessity require the Project: The Project is planned or located in the manner that will be compatible with the greatest public good and least private injury; C. The Subject Property interests described in the Resolution of Necessity are necessary for the Project; r:\agdrpt\97\O922\overlandpw95-11 3 The offer required by Section 7267.2 of the Government Code has been made to the owner of record of the property sought to be acquired. The proposed Resolution with the Subject Property Interests attached as Exhibit I is attached to this staff report. This hearing relates to issues A, B, C and D above. A. The Public Interest and Necessity Require the Project As shown by the documents cited above, the Project is an essential component of the City's General Plan, Circulation Element. It is an integral part of the City's overall plan for addressing the existing substandard level F service at freeway interchanges and on many of the traveled ways that now provide east-west transit across the City. It will assist in relieving congestion on residential streets contributed to by truck traffic seeking alternate east-west access during peak hours when the freeway interchanges are most congested. The Overcrossing is also a component of the City's overall plan of development of a circulation system designed to meet the projected growth in the City. Overland Drive will extend from the Overcrossing as a fully improved major highway connecting Ynez Road and Margarita Road. The Project is Planned in the Manner that will be Compatible with the Greatest Public Good and Least Private Injury The studies, plans and other documents cited above also evidence that the Overcrossing and the Overland Drive Project to which it is integrally related, is planned and located to provide the best practical solution to address the stated circulation and planning goals of the General Plan. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project. The proposed acquisition of the subject property interests described in the Resolution is necessary for the Project as planned and designed. These interests include acquisitions in fee simple for the right-of-way; storm drain, pile maintenance and settlement easements necessary because of the elevation of the structure; and temporary construction easements. A diagram depicting the subject property interests with reference to the proposed Project is attached as Exhibit "A" to this staff report. De The Offer Required By Section 7267.2 of the Government Code has been made to the Owner of Record of the Property Sought to be Acquired Pursuant to Government Code Section 7262, et seq,, the City obtained a fair market value appraisal of the subject property interests, set just compensation in accordance with the appraised fair market value, and extended a written offer letter to Dean F. Hill and Connie Mae Hill, owner of record of the parcels on June 29, 1998. A true and correct copy of the offer letter is on file in the City Managers Office and is incorporated in this report by this reference. The owner of record and the City have engaged in further negotiations. To date however, no negotiated purchase has been consummated, and the schedule for the proposed Project requires that the City Council consider the proposed Resolution of Necessity at this time. Adoption of the proposed Resolution of Necessity requires at least a fou~fifths (4/5) vote of the City Council. r:\agdrpt\97\O922\overlandpw95-11 4 FISCAL IMPACT: This project is funded with CFD 88-12 and adequate funds have been appropriated for the proposed acquisitions through the City's Fiscal Year 1998-99 Capital Improvement Program. ATTACHMENT: 1. Resolution No. 98- 2. Resolution No. 98- (APN No. 910-310-001) .. (APN No. 910-310-002) r:\agdrpt\97\O922\overlandpw95-11 5 RESOLUTION NO. 98- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE OVERLAND DRIVE OVERCROSSING IMPROVEMENT PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation in the County of Riverside, State of California. Section 2. The property interests described generally in Section 3 of this Resolution and more particularly described in Exhibits A, B, C and D of this Resolution ("Subject Property Interests"), are to be taken for a public use, namely for the Ovedand Drive Overcrossing Improvement Project, construction of said project, and all purposes necessary or convenient thereto, pursuant to the authority conferred on the City of Temecula by eminent domain by California Constitution Article I Section 19, and California Government Code Sections 37350, 37350.5, 40401, 40403 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The Subject Property Interests sought to be taken are located in the City of Temecula, County of Riverside, State of California, and are portions of a larger parcel identified by Assessors Parcel Number 910-310-001. The Subject Property Interests sought to be taken are more particularly described in Exhibits A, B, C and D to this Resolution, which are incorporated by this reference. Section 4. The City Council of the City of Temecula finds and determines that: A. The acquisition of the Subject Property Interests is required for the Ovedand Ddve Overcrossing Improvement Project ("the Project"). A general description of the Project is set forth in the Agenda Report dated September 22, 1998 and the reports and documents cited in that Report, which are all incorporated in this Resolution by this reference. B. The potential impacts of the acquisition of the Subject Property Interests were analyzed in connection with the analysis of the construction of the Ovedand Drive Overcrossing. On January 14, 1992, the City of Temecula approved a Mitigated Negative Declaration regarding the construction of the overpass for Ovedand Ddve and duly filed a Notice of Determination thereof (Negative Declaration EA-6). On August 8, 1995, the City of Temecula adopted a revision and modification of the Mitigated Negative Declaration to address the relocation of utility lines (EA-6 Revised). Notice of determination thereof was duly filed on August 10, 1995. Pursuant to California Environmental Quality Act Guidelines 15162, et seq., the findings made in connection with the Mitigated Negative Declaration No. EA-6, and EA-6 Revised, are the appropriate findings with regard to the acquisition of the Subject Property Interests. The environmental documentation prepared in connection with these 27628 Jefferson 1 APN: 910-310-001 actions was reviewed by staff on July 6 and 7, 1998 and it was determined that no significant changes in the Project or in the environment, and no new information had been obtained which would require further environmental analysis. Section 5. The City Council of the City of Temecula hereby finds and determines that: A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property interests described in Exhibits A, B, C and D are necessary for the proposed project; and D. The offer required by Section 7267.2 of the Government Code has made to the owners of record. Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on September 22, 1998 when it adopted this Resolution, including the Agenda Report dated September 22, 1998, all documents incorporated in the Agenda Report, the testimony at the headng. the records and documents prepared in connection with the Project, the testimony and evidence presented at hearings related to the Project, and the public records of the City pertaining to the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City of Temecula hereby authorizes and directs Richards, Watson & Gershon, as City Attorney, to take all steps necessary to commence an action in a court of competent jurisdiction to acquire by eminent domain the property interests described in this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 22nd day of September, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] 27628 Jefferson 2 APN: 910-310-001 STATE Of CALIFORNIA ) COUNTY Of RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of September, 1998, by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 27628 Jefferson 3 APN: 910-310--001 April 25, 1996 W.O. 9012240-03 EXHIBIT "A" City of Temecula Overland Drive Fee Ri.qht-of-Wa~ Connie M. Hill, et. al., to the City of Temecula That portion of Lot 116 and Apricot Street (vacated), as shown by map of The Lands of the Temecula Land .and Water Company, on file in Book-8 of Maps at Page 359 thereof, Records of San Diego Countyi California, of described parcel of land: COMMENCING at the most Northerly corner of-ParSel 1 of Parcel Map 23830, as shown .by map on file in Book 157 of Parcel Maps at Pages 100 and 101 thereof, Records of Riverside County, California, said corner being on the centedine of said Apdcot Street (vacated); Thence S.44°52'17'W. along the Northwesterly line of said Parcel 1, also being along said centedine of Apdcot Street (vacated), a distance of -11.61 feet; Thence S.39°52'37"W., a distance of 61.63 feet; Thence SouthWesterly on a curve concave Northwesterly, having a radius of 735.00 feet. through an angle of 01023'38·, an arc length of 17.88 feet; Thence S.48°43'45'E., a distance of 8.25 feet to the Point of Beginning of {he parcel to be described; Thence continuing S.48°43'45"E., a distance of 86.00 feet; Thence S.39°52'37"W., a distance of 37.16 feet; Thence Southwesterly on a curve concave Northwesterly, having a radius of 611.00 feet, through an angle of 18°12'26". an arc length of 194.16'feet; Thence S.58°05'03"W., a distance of 34.31 feet; Thence S.10°39'38'W., a distance of 34.23 feet to the Southwesterly line of said Parcel 1, also being the Northeasterly line of parcel .conveyed to the County of Riverside by Deed recorded September 6, 1983 as Instrument No. 182016, Official Records of Riverside County, California; Thence N.34°55'13'W. along Said line, a distance of 103.18 feet to the most 'Westerly corner of said Parcel 1, also being the most North~;rl~;' corner of said parcel conveyed to the County of Riverside and also being on said centedine of Apdcot Street (vacated); jFD::JFDSADM:[1-EGAL]LEGALJQT;81YVE-TTEB LEGAL DESCRIPTION Overland Drive Fee Right-of-Way April 25, 1996 Page 2 Thence S.44o52'17"W. along said line, a distance of 0.38 feet to the most Easterly corner of parcel conveyed to the County of Riverside by Deed recorded October 2, 1987 as Instrument No. 287178, Official Records of Riverside County, California; Thence N.37°41'39"W. along the Northeasterly line of last mentioned parcel conveyed to the · . County of Riverside, a distance of 36.12 feet; Thence S.87°29'19'E., a distance of 27.74 feet; Thence N.58°O5'O3'E., a distance of 30.35 feet; Thence Northeasterly on a curve'concave Northwesterly, having a radius of 738.00 feet, through an angle of 13°39'00", an arc length of 175.82 feet to a point of reverse curvature; Thence Northeasterly on a curve concave Southeasterly, having a radius of 117.00 feet, through an angle of 06054'07·, an arc length of 14.09 feet (the initial radial line bears N.45°33'57"W.) to a point on a line that bears S.51°20'10'W., a distance of 27.15 feet from said Point of. Beginning; Thence N.51°20'10"E. along said line, a distance of 27.15 feet to the Point of Beginning. The above described parcel of land contains 0.024 acres, more or I~ss. RLS/MC/yb J. F. DAVIDSON ASSOCIATES, INC. Prepared U. nder the Supervision of: .... Marissa Crowther, PLS No. 6152 Date: -JFD.--.jFDSADM:[LEGAL}LEGALJQ7;81YVETTEB PS~,T :S -<;~LELY ,~',1 A,.~ ,'.~ LC,~,~. 'hE ATTAC,',E~ .~OCUI.~EtvT. ~R;P TtG.~' :',E ,=APCEL(S) DESCR:3E9 .=~ E~%~ r~cE ,T ;S 1~,,. A FI, RT OF T.',E ,~'?~TT, E!i THE LANDSt OFTHE TEMECULA LAND AND WATER ! ~r AFRIL R .L MCOMPANY .: ........ .B. 8/359 S.D. 50' 50' t LOT 116 OVERLAND "' ~ ~ pARCEL pARCEL 2. PARCEL MAP NO. 2,3850 R. '1'6 COUI4T.'t' 6F ,~ERS',DE I)Y ~EED ! ~ NgT. N0. I%Z. OlC~ ~. P, tV. C6. CA. RM. 157/100-101 PARCEL 5 COUKEE DATA (3:) ~j. lo'~'ss'w. 5.4~'~'Z.'tq'N, II.~t' (~) 5,'5'~" .sq."~']'W. GI.G~' (~ 9.4,~' 5?2 tl'W- R-,'TSS. O0' Z~:OI'Z~'~S' L=t].~,~' (~) ~=[;|LO0' h=l%'lZ'?.(~' L=1=)4,10' 5,5~'06'0~'W, CITY .OF .TEMECULA OVERLAND DRWE FEE RIGHT- OF--WA'~ O~/ER C6NN~E. M. HILL, ET AL FRBPERTY 56' April 17, 1996 EXHIBIT "~" City of Temecula Overland Drive Fee Ri.qht-of-Way Caltrans Parcel No. 15940 W.O. 9012240-03 That portion of Apricot Street (vacated) as shown by map of The Lands of the Temecula Land and Water Company, on file in Book 8 of Maps at Page 359 thereof, Records of San Diego County, Califomia, described as follows: Beginning at the most Northerly corner of Parcel I of Parcel Map 23830, as shown by map on file in Book 157 of Parcel Maps at Pages 100 and 101 thereof; Records of Riverside County, California, said corner being on the centedine of said Apricot Street. (vacated), and said comer being on the Southwesterly line of parcel conveyed to State of California by Deed recorded October 17, 1950 in Book 1211, Page 440, Of~dal Records of Riverside County, California; Thence S.44°52'17"W. along the N0rthwestedy line of said Parcel 1, also being along said centedine of said Apricot Street (vacated), a distance' of 11.61 feet; Thence N.39°52'37"E., a distance of 11.96 feet to the Southwesterly line of said parcel conveyed to State of Califomia; Thence S.28°41 '00'E., along said line, a distance of 1.09 feet to the Point of Beginning. 'The above described parcel of land contains 6.05 square feet (0.00014 acres), more or less. This conveyance is made for the purpose of a freeway and the Grantor-hereby releases and relinquishes to the Grantee any and all abutter's rights, including access rights, appurtenant to Grantor's remaining property, in and to said freeway. 'RLS/MC/yb J. F. DAVIDSON ASSOCIATES, INC. Prepared Under the Supervision of: Marissa Crowther, PLS No. 6152 Date: JFD::JFDSADM:[LEGAL}LEGALJQ3;91WETTEB ,- 5 PlAT IS SOLELY AN ,AiD IN L(:)C, ; THE PARCEL(S) DESCRIBED THE ATTACHED DOCUMENT. IT IS NoT A PART OF T,h'E WRITTEN SCRIPTION THEREIN. / NOT TO / / %. PARCEL- NOTE: ///"/' ~ND~CRTE5 ACCESS R\GF~T~ RELI~EtU~S~E.D pRL"PARED Utv'~ER THE S'UP~N Otr: A.4.4.RI'$5.~ CR'OIfTHL"'R PC.$ 6152 (cxp J.tr. D.~. H D $Oi, 1.43S OC1A TL'~ 23830 P,!~, 15'7 I 190-101 / 2 C~TY .OF TEN~EP_.,ULA O~/ERLANE) Q~WE FEE P,,1GHT - 0F - V'4A'Y CALTPxAN5 ?'A'f~CEL NO, ,- t5,~40 April 25, 1996 W.O. 9012240.03 EXHIBIT "c." City of Temecula Overland Drive - Pile Maintenance Easement Connie M. Hill, et. a!., to the City of Temecula That portion of Apricot Street (vacated) as shown' by map of The Lands of the Temecula Land and Water Company, on file in Book 8 of Maps at Page 359 thereof, Records of San Diego County, California, described as follows: COMMENCING at the most Northerly comer of Parcel I of Parcel Map No. 23830, as shown by map on file in Book 157 of Parcel Maps, at Pages 100 and 101 thereof, 'Records of Riverside County, California, said comer being on the centerline of Apricot Street (vacated), as shown by map of The Lands of the Temecula Land and Water Company, on rite in Book 8, Page 359 thereof, Records of San Diego County, Caiifornia; Thence S.44°52'17"W. along the Northwesterly line of said Parcel 1, also being the centerline of said Apdcot Street (vacated), a distance of 66.40 feet to the Point of Beginning of the easement to be described; Thence continuing S.44°52'17'W. along said line, a distance of 94.29 feet; Thence N.41 °41 '37"E., a distance of 93.98 feet; Thence' S.50°07'23"E., a distance of 5.23 feet to the 'Point of Beginning. The above described parcel of land contains 0.0056 acres, more or less. RLS/MC/mn CROWTHER ,k J. F. DAVIDSON ASSOCIATES, INC. Prepared Under the Supervision of: Marissa Crowther, PLS No. 6152 Date: .,~b~--~.~ '2..~ ~ '~:-~"'~ ~ JFD::JFD$,ADM:ILEGAL]LEGALJRS;61YVE'R'EB : : W Z Ld / OVERLAND DRIVE 50' 56' pARCEL 2 PAP.CEL MAP NO. ~,38,30 P.M. ~57/too-/o/ PARCEL CROWl'HER t 2C0UR5E DATA · O G 6- CITY OF TEMECULA PILE MA! NTENAWCE EA6E MEN' OVER COk.%l~lE M,' HILLJET AL FROPERT : September 14, 1995 EXHIBIT "D" 30' E.M.W.D. SEWER, INGRESS AND EGRESS EASEMENT CITY OF TEMECULA PROPERTY OF CONNIE M. HILL W,O, #95.254 APN: 910-130-026 That portion of that certain parcel of land 'conveyed to Connie M, H~I, by Deed recorded Apdl 26, 1976 as instrument No. 55729, Offidal Records of Riverside County, California, being a portion of Lot 116 of the Murrieta portion of the Ternacute Rancho, as shown by map of the lands of the Ternecula I.,snd and water Company on file in Book 8 of Maps at Page 359 thereof, Records of San Diego County, California, lying within a strip of land 30.00 feet wide, the centedine being described as follows: COMMENCING at the centedine intersection of Jefferson Avenue and Overland Drive as shown on Parcel Map No. 23830, as shown by map on file in Book 157 of Parcel Maps, at Pages 100 and 101 thereof, Records of Riverside County, California; Thence N.32"43'25'E., a distance of 24.01 feet to the Point of Beginning of said centedine to be described; Thence N.06"00'00'E,, a distance of 61.00 feet; Thence N.51 °41 '34'E., 'a distance of 339.06 feet to the Northeasterly line of Parcel 1, also being the Southwesterly line of Interstate 15 as shown on said Parcel Map No. 23830, and the termination of said centerline description. The above described parcel of land contains 0.148 acres, more or less. RLS/MCK/mn J. F. DAVIDSON ASSOCIATES, INC. Prepared under the supervision of: · p ' Data: I - ~-~ 'q I~ JFD::--JFDSADM.1LEGAL]LEGALJJg;2UEANt_ RESOLUTION NO. 98- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE OVERLAND DRIVE OVERCROSSING IMPROVEMENT PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation in the County of Riverside, State of California. Section 2. The property interests described generally in Section 3 of this Resolution and more particularly described in Exhibit A of this Resolution ("Subject Property Interests"), are to be taken for a public use, namely for the Ovedand Drive Overcrossing Improvement Project, construction of said project, and all purposes necessary or convenient thereto, pursuant to the authority conferred on the City of Temecula by eminent domain by California Constitution Article I Section 19, and California Government Code Sections 37350, 37350.5, 40401, 40403 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The Subject Property Interests sought to be taken are located in the City of Temecula, County of Riverside, State of California, and are portions of a larger parcel identified by Assessors Parcel Number 910-310-002. The Subject Property Interests sought to be taken are more particularly described in Exhibit A to this Resolution, which are incorporated by this reference. Section 4. The City Council of the City of Temecula finds and determines that: A. The acquisition of the Subject Property Interests is required for the Ovedand Drive Overcrossing Improvement Project ("the Project"). A general description of the Project is set forth in the Agenda Report dated September 22, 1998 and the reports and documents cited in that Report, which are all incorporated in this Resolution by this reference. B. The potential impacts of the acquisition of the Subject Property Interests were analyzed in connection with the analysis of the construction of the Overland Drive Overcrossing. On January 14, 1992, the City of Temecula approved a Mitigated Negative Declaration regarding the construction of the overpass for 0vedand Drive and duly filed a Notice of Determination thereof (Negative Declaration EA-6). On August 8, 1995, the City of Temecula adopted a revision and modification of the Mitigated Negative Declaration to address the relocation of utility lines (EA-6 Revised). Notice of determination thereof was duly filed on August 10, 1995. Pursuant to California Environmental Quality Act Guidelines 15162, et seq., the findings made in connection with the Mitigated Negative Declaration No. EA-6, and EA-6 Revised, are the appropriate findings with regard to the acquisition of the Subject Property Interests. The environmental documentation prepared in connection with these 27622 Jefferson 1 APN: 910-310-002 actions was reviewed by staff on July 6 and 7, 1998 and it was determined that no significant changes in the Project or in the environment, and no new information had been obtained which would require further environmental analysis. Section 5. The City Council of the City of Temecula hereby finds and determines that: A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least pdvate injury; C. The property interests described in Exhibit A are necessary for the proposed project; and D. The offer required by Section 7267.2 of the Government Code has made to the owners of record. Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on September 22, 1998 when it adopted this Resolution, including the Agenda Report dated September 22, 1998, all documents incorporated in the Agenda Report, the testimony at the hearing, the records and documents prepared in connection with the Project, the testimony and evidence presented at hearings related to the Project, and the public records of the City pertaining to the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City of Temecula hereby authorizes and directs Richards, Watson & Gershon, as City Attorney, to take all steps necessary to commence an action in a court of competent jurisdiction to acquire by eminent domain the property interests described in this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 22nd day of September, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] 27622 Jefferson 2 APN: 910-310-002 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of September, 1998, by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 27622 Jefferson 3 APN: 910-310-002 EX}[IBIT CITY OF TEMECULA OVERLAND DRIVE TEMPOI~ARY HILL TO THE CITY OF TEMECULA BEING A PORTION OF LOT 116 AS SHOWN ON MAP OF THE LANDS OF THE TEMECULA LAND AND WATER COMPAI~ FILED IN BOOK 8 PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: EEGINNING AT A POINT OM THE NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE, BEING T~E MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED OCTOBER 2, 1987 ]aS INSTRUMENT NO. 287177, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO CONNIE M. HILL RECORDED APRIL 26, 1976 AS INSTRUMENT NO. 55729, RECORDS OF SAID COUNTY; ~ THENCE, ON THE NORTHF-~TERLY RIGHT OF WAY LINE OF JEFFERSON AVENUEAS DESCRIBED IN SAID DEED, NORTH 37°41'39' WEST,.105.00 FEET TO THE SOUTHEASTERLY LINE OF PARCEL MAP NO. 22886 RECORDED IN PARCEL MAP BOOK 165, PAGES 87 AND 88, RECORDS OF RIVERSIDE COUNT"Y, CALIFORNIA; THENCE, ON SAID LINE, NORTH 44°52'17' EAST, 15.00 FEET; THENCE, LEAVING SAID LINE, NORTH 71°26'10' EAST, 74.30 FEET; T}{ENCE, SOUTH 37Q03'55' EAST, 71.60 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN DEED TO CONNIE M, HILL, LYING 85.00 FEET NORTHEASTERLY OF SAID POINT OF BEGINNING; THENCE,-ON SAID NORTHWESTERLY LINE, SOUTH 44°52'17' WEST, 85.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,728.25 SQUARE FEET OR 0.18 ACRES MORE OR LESS PREPia~RED UNDER TF.E SUPERVISION OF~ Jia_MES A. DEENON, JR., P.L.S. 6153 EXPIRES 3/31102 P,M, _'22B86 P,M, PDR, 1.D7' M,B, 8/859 8.!% GO, MAPB ,tNB% NO, J/ TEMPORARY CONSTRUCtiON EASEMEIfI* 772825 SQ. FT. O. 18 ACRES P,O.B, I I / ( \ %, \ FalT/ENGINEERING VENTURES, INC. LAND PLANNING · CM L ENGINEERING LAND SURVEYING 4,3500 I~ PARK DR · f 202 · TEMF~ULA * CA * 92590 TEL t (909) 699-e,150 FAx t (909) 699-35~9 I=40' --98 ]~JB'F, ND. RECD, / / / / ,I / / / / / // ~ / / / / JOB 'NOi' SHEET 1 OF I 238 -4H TEMPORARY CONSTRUCTION EASEMENT ITEM 2O APPROVAL y CITY ATTORNEY DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance September 22, 1998 Community Service Funding Program Adhoc Committee Selection PREPARED BY: Linda Norton, Administrative Secretar~J' RECOMMENDATION: That the City Council appoint two councilmembers to serve on the Community Service Funding Program Adhoc Committee to review and approve applications received for that program. DISCUSSION: Each year the City solicits applications for funding requests from community based non-profit organizations. The 1998-99 budget year has already identified that the Arts Council of Temecula Valley and the Temecula Valley Playhouse receive funding of $22,000 and $15,000, respectively, through this program. Available funds in the program total $156,000. Community Service Funding Program applications were made available to the public on July 20, 1998. Completed applications are due September 25, 1998. Applications are expected to be reviewed by the appointed AdHoc committee by October 9, 1998 and presented at the second meeting in October (October 20th). Staff is requesting that the City Council select two councilmembers to participate in the one- meeting review of these applications. The committee will be dissolved upon completion of the review process. FISCAL IMPACT: None. DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony J. Elmo, Chief Building Officia~ September 22, 1998 Departmental Report August 1998 PREPARED BY: Carol Brockmeier, Administrative Secretary TOTAL NUMBER OF PERMITS ISSUED ..............................................................................149 NSFR ............................................................................................................................40 NCOM ...........................................................................................................................10 TOTAL VALUATION ................................................................................................$22,849,930 TOTAL NUMBER OF INSPECTIONS PERFORMED ..........................................................2,418 CODE ACTIONS ....................................................................................................................630 APPROVAL CITY ATTORNEY DIRECTOR Of FINANCE CiTY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/~. 'i ' il Gary Thornh'~, Comity Development Director September 22, 1998 Monthly Report Prepared by: Kelli Beal, Community Development Aide RECOMMENDATION: Receive and File Discussion: The following is a summary of the Community Development Department's Planning Division caseload and project activity for the month of August 1998: Caseload Activity: The Department received 11 applications for administrative cases and 9 applications for public hearing cases for the month of August. The following are the public hearing cases: Conditional Use Permit 1 Minor Conditional Use 2 Parcel Map - Residential no waiver 1 Development Plan (over 10,000) 5 Total Attachments: 1. List of Public Hearing Activities - page 3 2. Revenue Status Report - page 4 9 \\TEMEC_FS201\DATA\DEPTSXPLANNINGMMONTHLY.RPTXI998XAugust.doc Ongoing Projects: Regional Mall: Phase II grading has commenced. Building construction is expected to commence in early fall of 1998, with the opening scheduled for October 1999. Murdy Ranch Specific Plan: New owner has been conferring with staff, the school district and TCSD in preparation for plan submittal. The project is being renamed the Wolf Valley Specific Plan. Roripaugh Ranch Specific Plan: The draft Specific Plan was submitted July 17, 1998. It is anticipated that the EIR will be submitted in the not too distant future. Southside Specific Plan: Staff and consultant are finalizing the draft Specific Plan. Massage Business Ordinance: This item will be scheduled for City Council meeting after staff receives City Attorney comments. Adult Business Ordinance: This item is scheduled for the October 13, 1998 City Council meeting. General Plan Circulation Element Update (and revision to citywide traffic study): The consultant has commenced work. The fifth Steering Committee meeting was held on September 14, 1998. The project is on schedule. Subdivision Ordinance: Staff is in the process of developing an appropriate subdivision ordinance for the City. The City currently uses Riverside County Ordinance No. 460 to regulate the subdivision of land. Redhawk/Vail Ranch Annexation Study: Staff is proceeding with the annexation of the RedhawkA/ail Ranch area. Staff submitted the application to LAFCO on August 8m. It is anticipated that the item will go before LAFCO in October 1998 and the election for rates and charges will be held in March 1999. Surface Mining Ordinance: Staff is currently developing a Surface Mining Ordinance to ensure that sites are excavated in a safe and reasonable manner with progressive reclamation to a natural appearing or otherwise useable condition compatible with adjacent areas. \\TEMEC_FS201 \DATA\DEPTSXPLANNINGXMONTHLY. RPTX1998~ugust. doc 2 ATTACHMENT NO. 1 LIST OF PUBLIC HEARING ACTIVITIES R:MMONTHLY.RPT~1998xAugust.doc 3 0 0 0 Z 0 L; > < ~0 ~ J>~ /'~0o .~, < ~ -. a~ < ~.~ ZZ ~Z X D0 m> ~<< m m ~o~ <~< o ~ Z ~ °~ 0 Z Z < m r.,~rqr.~ z8 O~ <ZOZ ~<~ Z < ATTACHMENT NO. 2 REVENUE STATUS REPORT R:~VlONTHLY.RPTX1998XAugust.doc 4 REVPRIN2 09/16/98 001 161 ACCOUNT # 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4135 4136 4139 4140 4170 4171 4190 4195 4200 4206 4369 4370 12:38:10 GENERAL FUND PLANNING DESCRIPTION AMENDED FINAL MAP APPEALS CERT. OF LAND DIV. CONPLIANCE EXTENSION OF TIME SINGLE FAMILY TRACTS MULTI-FAMILY TRACTS PARCEL MAPS LOT LINE ADJUSTMENT MINOR CHANGE PARCEL MERGER (2-4 LOTS) REVERSION TO ACREAGE (5+LOTS) MINOR CONDITIONAL USE PERMIT SECOND UNIT PERMITS CHANGE OF ZONE CONDITIONAL USE PERMIT CONSISTENCY CHECKS GENERAL PLAN AMENDMENT PLOT PLAN PUBLIC USE PERMIT REVISED PERMIT SETBACK ADJUSTMENT SPECIFIC PLAN SUBSTANTIAL CONFORMANCE TEMORARY OUTDOUR EVENT TEMPORARY USE PERMIT VARIANCE ZONING INFORMATION LETTER CEQA (INITIAL STUDIES) CEQA ENVIRONENT IMPACT REPORT DEVELOPMENT AGREEMENT PARCEL MAP/WAIVER MERGER CONDO TRACT MAP REVERSION TO ACREAGE K-RAT STUDY FEES HONE OCCUPATIONS DEVLPMNT PLAN-ADMINISTRATIVE DIF REDUCTION APPLICATION IN HOUSE PLAN CHECKS ANNEXAT]ON FEES LAND DIV UNIT MAP LANDSCAPE PLAN CHECK PLANNING CITY OF TEMECULA REVENUE STATUS REPORT AUGUST 1998 ADJUSTED ESTIMATE .00 550.00 1,980.00 5,700.00 22,100.00 6,380.00 24,070.00 9,540.00 570.00 2,280.00 420.00 3,500.00 .00 3,460.00 43,180.00 12,840.00 4,450.00 162,900.00 .00 .00 300.00 12,310.00 .00 .00 2,990.00 .00 .00 .00 .00 10,760.00 .00 .00 .00 .00 .00 3,520.00 5,850.00 .00 .00 .00 350.00 .00 340,000.00 AUGUST REVENUE .00 .00 .00 .00 .00 .00 1,741.00 230.00 .00 .00 .00 .00 .00 .00 5,373.00 .00 .00 19,955.00 .00 .00 .00 .00 555.00 191.00 .00 .00 36.00 2,316.50 .00 .00 .00 .00 .00 .00 .00 .00 .00 1,300.00 840.00 .00 187.00 8,590.00 41,314.50 1998'99 REVENUE .00 .00 200.00 .00 24,598.80 .00 2,366.00 920.00 .00 .00 .00 .00 .00 .00 9,682.00 .00 4,128.00 31,255.00 .00 .00 .00 .00 1,295.00 573.00 .00 .00 54.00 4,741.15 .00 .00 .00 .00 .00 .00 .00 .00 .00 1,300.00 2,110.00 .00 374.00 13,515.00 97,111.95 PAGE BALANCE .00 550.00 1,780.00 5,700.00 2,498.80' 6,380.00 21,704.00 8,620.00 570.00 2,280.00 420.00 3,500.00 .00 3,460.00 33,498.00 q2,840.00 322.00 131,645.00 .00 .00 300.00 12,310.00 1,295.00- 573.00- 2,990.00 .00 54.00- 4,741.15- .00 10,760.00 .00 .00 .00 .00 .00 3,520.00 5,850.00 1,300.00- 2,110.00- .00 24.00- 13,515.00- 242,888.05 % COL 0.0 10.1 0.0 111.3 0.0 9.8 9.6 0.0 0.0 0.0 0.0 0.0 22.4 0.0 92.8 19.2 0.0 0.0 0.0 0.0 0.0 0.0 106.9 28.6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Joseph Kicak, Director of Public Works/City Engineer September 22, 1998 Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of August, 1998. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report August 1998 Submitted by: Joseph Kicak Prepared by: William Hughes Date: September 10, 1998 WORK UNDER CONSTRUCTION: 1. 1-15/Rancho California Road Interchange Modifications: The contractor is in the process of performing the following construction items: Grading the new northbound exit ramp/auxiliary lane and construction of the new northbound entrance loop, installing electrical conduits, and constructing storm drain systems. Please note that traffic will be allowed through the work area during construction. Completion of the project, based on an accelerated schedule including time extensions for weather, is during the month of March 1999. 2. City Wide Intelligent Traffic Management System (1TMS): The coordination plan has been implemented on all major intersection within the City. Curren~y, the City is working with Caltrans to improve the signal timing on Winchester Road and on Rancho California Road at 1-15 ramps. 3. Margarita Community Park Phase I: The project improvements include restrooms, parking areas, picnic areas, play equipment, tennis courts, a roller hockey rink, ballfields, lighting, picnic shelters, sidewalks, landscaping with open turf areas as well as widening Margarita Road adjacent to the park to its ultimate width. Installation of the concrete walkways, picnic areas, roller hockey rink and tennis court has been completed. The north ballfield lighting and backstops are completed and the south lighting & backstops are presently being installed. Construction of the restrooms and shade structures are nearly complete. The irrigation system is being installed w/planting scheduled for the middle of September. The project is estimated to be completed in September 1998, followed by a 90-day landscape maintenance period. 4. Winchester Creek Park: The project consists of a 4.5 acre neighborhood park with various improvements including restrooms, basketball courts, volleyball courts, play equipment, polygon shelters with picnic tables, concrete walkways, and a parking lot. Construction of the improvements is substantially complete and a final walkthrough inspection is scheduled for September 9. The project is estimated to be completed in September 1998, followed by a 90-day landscape maintenance period. 5. Traffic Signal at Pauba Road and Fire Station 84: This signal is in operation and the one year warranty will begin when the project has been accepted by the City Council. Traffic Signal at Rancho California Road and Meadows Parkway: This signal is currently in operation and the one year warranty period will begin as soon as the signal is accepted by the City Council. 6. Traffic Signal at Pala Road and Rainbow Canyon Road: This signal is currently in operation and the one-year warranty period will begin as soon as the signal is accepted by the City Council. 7. Traffic Signal at Margarita Road and Santiago Road: The contractor is currently installing the underground conduits, wiring, and pole foundations. The anticipated completion date in November 1998. 8. Flashing Beacons at Various Locations: A pre-construction was held on July 16. The poles and equipment are on order. Once they arrive the contractor expects to complete the flashing beacons at 9 school site within a week. 10. Old Town Streetscape Project Storm Drains, curbs and new pavement has been installed from Moreno Drive to Fourth Street. This area will be open to traffic while sidewalks, boardwalks, street lights and landscape improvements continue. A new Storm Drain System is now being installed between Fourth Street and Second Street. New curbs and paving will follow with limited through traffic. Access will be maintained to the Old Town Shops and Restaurants during construction. Completion of the project is scheduled for November 15, 1998. 1. Temecula Duck Pond Park: The Temecula Duck Pond Park Project will include both park and off-site street improvements. Park improvements will include a gazebo/bandstand, picnic facilities, a restroom, walkways, a parking lot, security lighting, monumentation, landscaping and irrigation. The street improvements will consist of the widening of Ynez Road to full width between Rancho California Road and Tierra Vista Road and will include new sidewalks along with additional turn lanes, traffic signal modifications at Ynez Road and Rancho California Road, a new traffic signal at Ynez Road and Tierra Vista Road, and pavement restriping to improve traffic circulation. Bids were opened on August 27 with Terra Cal Construction as the apparent low bidder. Staff will recommend that City Council award a construction contract on September 22, 1998. Construction is anticipated to begin in November 1998 with an estimated completion date of April 1999. 2. Winchester Road Sidewalk: On September 3, the bids were opened and staff will be recommending award of a construction contract to City Council on September 22. This project consists of the installation of sidewalks on the west side of Winchester Road between Margarita Road and Winchester Creek Avenue. Construction is anticipated to begin in October 1998 with an estimated completion date of December 1998. 3. Margarita Road Storm Drain: This project was a part of the Overland Drive and Margarita Road Street Improvement Project. To expedite the project, City Council authorized the staff to proceed to bid the storm drain system which is in Margarita Road and to order the material (pipe). Staff has the material on order. This project consists of installing 2,000 lineal feet of storm drain in Margarita Road southerly of Winchester Road and discharging it into Long Canyon Creek northerly of future Overland Drive intersection with Margarita Road. Due to the location of the proposed storm drain in the paved section of Margarita Road, temporary pavement widening in Margarita Road will be required to minimize the disruption of traffic. This widened roadway will remain in place until the reconstruction and ultimate widening of Margarita Road occurs, later this year. Construction is anticipated to begin in late September 1998 with an estimated completion date of November 1998. 4. 1-15/Winchester Southbound Off-ramp Widening: On September 10, the bids were opened and staff will be recommending award of a construction contract to City Council on September 22. This project consists widening the southbound off-ramp to provide an additional left turn lane. Construction is anticipated to begin in October 1998 with an estimated completion date of February 1999. WORK IN DESIGN: 1. 1-15/Overland Drive Overcrossing Improvement: The roadway plans have been signed by Caltrans (District 8) and the structural plans have been signed by Caltrans-Division of Structures. SCE has provided the City with a relocation plan for the SCE overhead power lines. The SCE overhead power lines will be relocated concurrently with the construction of the improvements. The City is currently in the process of acquiring right of way, utility easements, and temporary construction easements necessary for the project. Staff anticipates bidding the project in October of 1998. Construction is anticipated to begin in December 1998 with an estimated completion date of January 2000. 2. FY96-97 Pavement Management System: Staff returned the plan check to the consultant on September 10. This project will provide sweet rehabilitation of Jefferson Avenue from the northerly City limits to Rancho California Road. This project will also include the installation of street lighting along the entire length of the project. Construction is anticipated to begin in November 1998 with an estimated completion date of February 1999. 3. Winchester Road & Ynez Road Street Widening: The consultant has returned the plan check comment back to Caltrans. The scope of work includes the street widening improvements on the south side of Winchester Road between Ynez Road and Margarita Road, and the improvements on the east side of Ynez Road between Winchester Road and Overland Drive. Construction is anticipated to begin in November 1998 with an estimated completion date of July 1999. 4. Overland Drive Street Improvements & Margarita Road Street Widening: The consultant has submitted the construction plans of the proposed improvements on Overland Drive between Ynez Road and Margarita Road and Margarita Road from Overland Drive to Winchester Road for Riverside County Flood Control. The storm drain system in Margarita Road has been separated from the project. Construction is anticipated to begin in November with an estimated completion date of June 1999. 5. Margarita Road Sidewalk (Rancho Vista to Pauba): The preparation of improvement plans is complete. The improvements will include the installation of concrete curbs, gutter, and sidewalk along the west side of Margarita Road between Rancho Vista Road and Pauba Road. The sidewalk will improve access to the Rancho California Sports Park. Also, as part of the design, additive alternate improvements will include ADA ramp access from Margarita Road to the adjacent ballfields along with an expanded parking area. The project is anticipated to bid in late September. Construction is anticipated to begin in November 1998 with an estimated completion date of January 1999. 6. Winchester Road Median Islands: The plans and specifications have been completed and submitted to Caltrans for approval. Since this project is partially funded by STP, Caltrans approval is required prior to advertising the project for bids. This project includes installation of median island and landscaping and irrigation along Winchester Road between Enterprise Circle West and Jefferson Avenue along with the installation of a traffic signal at Enterprise Circle West. Also, the existing median island at Jefferson Avenue will be modified to provide for a longer left turn pocket for east bound traffic. 7. Pala Road Bridge: A Consultant is in the process of preparing the preliminary documentation required by Caltrans to receive HBRR Funds as well as performing utility research and design surveys. This project will include the realignment of Pala Road from Highway 79 South to Rainbow Canyon Road, which will require that a new bridge be constructed, two new traffic signals to be installed, the removal of one traffic signal, the installation of sound walls, sidewalks, landscaping, irrigation, street lighting, bike lanes, signing, striping, channel improvements, and provisions for Wetland Mitigation. The project will be advertised in October 1998 with an estimated completing date of December 1999. 8. Traffic Signal at Rancho California Road and Via Los Colinas: The plans and specifications have been completed and submitted to Caltrans for approval. Since this project is partially funded by STP, Caltrans approval is required prior to advertising the project for bids. The project is scheduled to begin in the Fall of 1998. LAND DEVELOPMENT MONTHLY ACTIVITY REPORT SPECIAL PROJECTS AUGUST 1998 Submitted by: Joseph Kicak Prepared by: Ronald J. Parks Date: September 14, 1998 1. PW95-07 - Phase I Western Bypass Corridor: The Interstate 15/State Route 79 South (I- 15/SR79S) interchange improvements including Front Street realignment and its intersection with Western Bypass Corridor are underway. 2. PW95-08 - First Street Extension: The construction phasing plans will be completed upon finalizing the design criteria with Riverside County Flood Control and Water Conservation District. 3. PW95-26 - 6th Street Parking Project: Awaiting for the Contractor to submit the affidavit and maintenance bond in order to file the notice of completion. 4. PW96-05 - Project Study Report (PSR) And Project Report (PR) For Ultimate Interchange Improvements at Interstate 15/State Route 79 South (I-15/SR79S): The PSR analysis will resume once the update on the Circulation Element of the General Plan is finaled. 5. General Plan Circulation Element Update: The committee comprised of Cities of Temecula and Murrieta representatives meet regularly with the consultant to provide direction for the update process. 6. The Regional Mall Project: The design of the perimeter infrastructure improvements are near completion. The utility undergrounding has begun and installation of storm drain system will begin in mid-September. The design of onsite grading for the mall and the power center is complete and a permit may be issued. 7. PW97-05 - The Old Town Streetscape Project: Construction is in progress and on schedule. \\TEMEC_FS201 \DATA\DEFFS\PW\MOACTRFT\DEV\98\AUGUST.doc -r i- Z o ,, 0 I-- Z IAI 0 _1 n ,~, Z _1 'I' [- 0~ r~ LLI r~g r'~ ~ n 0~ n.' 0 On,'~ IAI 0000 MEMORANDUM TO: FROM: DATE: SUBJECT: Joseph Kicak, Director of Public Works/City Engineer (~r~Brad Buron, Maintenance Superintendent September 3, 1998 Monthly Activity Report - August, 1998 The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of August, 1998: SIGNS A. Total signs replaced 37 B. Total signs installed 15 C. Total signs repaired 2 II. III. TREES A. Total trees trimmed for sight distance and street sweeping concerns ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons 18 13,726 72 IV. CATCH BASINS A. Total catch basins cleaned 15 Ve RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 110,620 VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. 17 6,243 VII. STENCILING A. 454 B. 8,362 New and repainted legends L.F. of new and repainted red curb and striping Also, City Maintenance staff responded to 34 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 61 service order requests for the month of July. 1998, 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 AuQust, 1998 was $ 14,325.00 compared to $ 24,558.25 for the month of July, 1998. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 10,137.00 $ 4,188.00 $ -0- CC: Ron Parks, Deputy Director of Public Works All Moghadam, Senior Engineer - (CIP/Traffic) Jerry Alegria, Senior Engineer - (Land Development) Bill Hughes, Senior Engineer - (CIP) STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of August, 1998 DATE ACCOUNT CONTRACTOR: Date: 8/17/98 # 5402 STREET/CHANNEL/BRIDGE PESTMASTER SERVICES Citywide DESCRIPTION TOTAL COST OF WORK SIZE Weed Treatment for City Owned Properties CONTRACTOR: Date: 8/06/98 BECKER ENGINEERING Kahwea Street Closure TOTAL COST $ 3,647.00 R~move ExiSting Damaged Fencing and Replace with New Wrought Iron #5402 Date: # 5401 8/20/98 C Street at Santiago TOTAL COST $ 4,940.00 Redefine Flowline and Protect with 5 Sack Slurry CONTRACTOR: MONTELEONE EXCAVATING Date: 8/19/98 1 ,t Street at Murrieta Creek TOTAL COST $ 4, 188.00 Clear City ~'~;~ed Lot o~"~Tt~:ti0n ar~'~"~' Fire Break #5402 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #5401 TOTAL TOTAL COST $ 1,550.00 $ 10,137.00 $ 4.188.00 $ 14,325.00 I.-U u~u~ 0~, UI_ O U ~0 (~1 O ~ ~ U, -= ~ n o' uJ n, n LLI Z IJ, J LLI I:: ,:: c~ u ~ u. ~ :::3 :D O j n~ n,' z F- ~ ~' oo ~ ~ " z UJ ~ I- Z LU ~ LU UJ I.- IJJ I-- LLI ~ a~ n~ n~ ~ UJ I-- 0 0 W W I~1 LU "r o ~> ~: ~' d LU~- 0 Z--I Z 0 ~0 0 0 0 I'- 0 0 ~I 0 ~ CO - 0 0 i- (~ R / DATE 08/04/98 08/10/98 08/11/98 08/14/98 08/14/98 08/18/98 08/18/98 08/20/98 08/20/98 08/20/98 08/20/98 08/21/98 08/24/98 08/25/98 08/25/98 08/25/98 08/31/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFF1TI REMOVAL MONTH OF AUGUST, 1998 LOCATION 26419 YNEZ "FOOD FOR LESS" CHANNEL BEHIND TARGET CENTER VETERANS PARK OLD TOWN LA SERENA AT T.C.I. STATION RIVERTON PARK LIEFER ROAD AT BRIDGE LOWER 79S AT 1-15 RANCHO CALIFORNIA ROAD AT EMPIRE CREEK YNEZ AT WINCHESTER NICOLAS AT NORTH GENERAL KEARNY YNF. Z BEHIND T. J. MAXX CALLE MEDUSA AT WELLINGTON CAMINO DEL ESTE AT PARK CAMINO DEL ESTE AT LA SERENA WINCHESTER AT MARGARITA VIA LA VIDO AT VIA KENATE WORK COMPLETED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED KEMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED 55 S.F. OF GRAFFITI 426 S.F. OF GRAFFITI 6 S.F. OF GRAFFITI 6 S.F. OF GRAFFITI 150 S.F. OF GRAFFITI 125 S.F. OF GRAFFITI 25 S.F. OF GRAFFITI 1,000 S.F. OF GRAFFITI 2,700 S.F. OF GRAFFITI 750 S.F. OF GRAFFITI 20 S.F. OF GRAFFITI 40 S.F. OF GRAFFITI 10 S.F. OF GRAFF1TI 200 S.F. OF GRAFFITI 20 S.F. OF GRAFFITI 700 S.F. OF GRAFFITI 10 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS 6~243 17 RzMMAINTAINXWICCMPLTD~RA~Frff~xAUGUgr REPORT. DOC CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF AUGUST, 1998 ·DATE··: 08/10/98 CITYWIDE LOCATION.:: CLEANED & CHECKED 15 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED R:WtAINTAIN~WKCMPLE'TD~CATCHB~UGUST REPORT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF AUGUST, 1998 " ·SCOPE OF WORK:. '~: S.F. ' TOTAL · .: . .: · · · TONS 08/03/98 CORONADO DRIVE AT YNEZ OVERLAY A.C. 1,144 4 08/04/98 YORBA AVENUE AT YNEZ OVERLAY A.C. 775 4 08/05/98 MARGAR1TA AT DARTOLO CONSTRUCT A.C DRIVEWAY 225 4 08/07/98 31345 AVENIDA DEL REPOSO OVERLAY A.C. 400 08/07/98 MAIN STREET AT PUJOL OVERLAY A.C. 195 4.5 08/10/98 CITYWIDE "POTHOLES" FILL POTHOLES 51 TEMP A.C. 08/11/98 DEL RIO AT FRONT OVERLAY A.C. 32 08/11/98 ELINDA ROAD AT PAUBA OVERLAY FLOW LINE 1,125 3.5 08/12/98 ELINDA ROAD AT PAUBA OVERLAY FLOW LINE 1,034 4 08/13/98 MERCEDES AT 6TH STREET OVERLAY A.C. 821 6.5 08/17/98 3EDEDIAHSMITHATYNEZ OVERLAY A.C. 504 2.5 08/19/98 JEDEDIAH SMITH AT YNEZ OVERLAY A.C. 990 4.5 08/20/98 VALLEIO AVENUE AT YNEZ OVERLAY A.C. 675 2.5 08/21/98 6TH STREET AT MERCEDES OVERLAY A.C. 655 6.5 08/24/98 VALLEJO AVENUE AT LA PAZ OVERLAY A.C. 1,334 4.5 08/25/98 VALLEJO AVENUE AT LA PAZ OVERLAY A.C. 1,209 5.5 08/26/98 31107 BUENA SUERTE REMOVE & REPAIR A.C. 147 4.5 08/27/98 CABRILLO AT E. VALLEJO OVERLAY A.C. 1,272 6.5 08/31/98 VALLEJO AT YNEZ OVERLAY A.C. 1,138 4.5 TOTAL S.F. OF REPAIRS 13,726 TOTAL TONS 72 R:'~JNTAINIWKCMPLTD'~A~PHALT.RPR'~qg~AUGUST REPORT DATE 08/06/98 08/10/98 08/13/98 08/24/98 08/28/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF AUGUST, 1998 :':LOCATION. KAHWEA AT CALLE MEDUSA ':: WoRK:c0 HPLETED.. TRIMMED 5 R.O.W. TREES RANCHO CALIFORNIA ROAD AT BUTTERFIELD STAGE ROAD TRIMMED 2 R.O.W. TREES PAUBA AT ELINDA ROAD 4Ta STREET AT MERCEDES TRIMMED 8 R.O.W. TREES TRIMMED 2 R.O.W. TREES 39721 CRATIVE DRIVE TRIMMED 1 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 18 R:'d~INTA-rI~WKCMPLTD~TREE~,oS~AUGUST REPORT.DOC DATE 08/03/98 08/05/98 08106198 08/11/98 08/13/98 08/14/98 08/17/98 08/17/98 08/19/98 08/20/98 08/24/98 08/25/98 08/26/98 08/27/98 08/28/98 08/31/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF AUGUST, 1998 LOCATION: AREA #3 AREA #3 AREAS #3 AND #4 AREAS #3 AND #4 PAUBA AT MEADOWS MEADOWS AT RANCHO CALIFORNIA ROAD MARGARITA AT PIO PICO MARGARITA AT PIO PICO TRAFFIC DIVISION REQUEST AREA #4 (SEE DAILY FOR LOCATIONS) AREA #4 (SEE DAILY FOR LOCATIONS) AREA #4 (SEE DAILY FOR LOCATIONS) AREA #4 AREA#4 AREA #4 AREA #4 (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED INSTALLED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED · W6RK COMPLETED' 1,981 L.F. RED CURB 4,330 L.F. RED CURB 1,836 L.F. RED CURB 4 LEGENDS 37 LEGENDS 4 LEGENDS 29 LEGENDS 215 L.F. OF YELLOW CURB 24 SPEED LIMIT LEGENDS 25 LEGENDS 50 LEGENDS 68 LEGENDS 63 LEGENDS 53 LEGENDS 40 LEGENDS 57 LEGENDS TOTAL NEW & REPAINTED LEGENDS NEW & REPAINTED RED CURB & STRIPING L.F. 454 8.362 R:XMAINTAINXWICCMPLTI~STRIpINGLqS~UGUST REPORT.DOC CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF AUGUST, 1998 DATE 08/06/98 08/12/98 08/13/98 08/17/98 08/18/98 08/24/98 08/25/98 08/26/98 08/27/98 :: ." LOCATiON ... KAHWEA WEST OF CALLE MEDUSA JOSEPH ROAD NORTH OF NICHOLAS JOSEPH ROAD NORTH OF NICHOLAS JOSEPH ROAD AT RITA WAY JOSEPH ROAD AT RITA WAY CALLE CHAPOS AT CHANNEL CALLE CHAPOS AT CHANNEL CALLE CHAPOS AT CHANNEL CALLE CHAPOS AT CHANNEL ABATED 2,500 A,BATED 4,492 ABATED 1,648 ABATED 4,418 ABATED 800 ABATED 20,800 ABATED 20,062 ABATED 33,400 ABATED 22,500 S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS TOTAL S.F. R-O-W WEEDS ABATED 110.620 R:~qAINTAIN~WKCMPLTI~WEEDb~stUGUST REPORT. DOC DATE 08/10/98 08/11198 08/18/98 08/19/98 08/21/98 08/24/98 08/25/98 08/27/98 08/27/98 08/27/98 08/27/98 08/28/98 08/31/98 08/31/98 08/31/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF AUGUST, 1998 LOCATION PALOMA DEL SOL AREA (SEE DAILY FOR LOCATIONS) MIRA LOMA WINCHESTER ROAD EAST OF NICHOLAS TRAFFIC DIVISION REQUEST WINCHESTER AT MARGARITA CALLE MEDUSA AT WELLINGTON CANYON RIM AT RAINBOW CANYON ROAD VINCENT MORAGA AT RANCHO CALIFORNIA ROAD WINCHESTER AT JEFFERSON 28559 PUJOL 28497 PUJOL RAINBOW CREEK AT CANYON RIM YNEZ AT COUNTY CENTER DRIVE LA SERENA AT VIA PUERTA LA SERENA AT CAMINO CORTE REPLACED REPLACED REPLACED INSTALLED REPLACE REPLACE REPLACE REPLACE REPLACE INSTALLED INSTALLED INSTALLED REPLACED REPLACED REPLACED WORK COblPLETED 15 R-I'S TYPE "N" FADED 54 - 5 "T.C." 12 DELINEATORS 4 R2-45 71t2--40 R-7 "T.C." R- 1 GRAFFITI TYPE "N" W41 T.C. R-7 T.C. HOUSING PROORAM SIGN 2 HOUSING PROGRAM SIGN W-53 R-1 FADED R-1 FADED R-1 FACED TOTAL SIGNS REPLACED 37 TOTAL SIGNS INSTALLED 1S TOTAL SIGNS REPAIRED 2 R:'~MAINTAIN~W~CMPLTD~iGNS~98~kUGUST REPORT · hATE. RECEIVED .. 08/03/98 08/03/98 08/03/98 08/03/98 08/06/98 08/07/98 08/07/98 08/07/98 08/10/98 08/10/98 08/10/98 08/13/98 08/13/98 08/13/98 08/14/98 08/14/98 08/17/98 08/18/98 08/19/98 08/19/98 08/19/98 08/20/98 08/20/98 08/24/98 08/24/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF AUGUST, 1998 · ' ' : :LOCATION 31159 KAHWEA 31180 KAHWEA 44876 CORTE RODRIGUEZ 30535 AVENIDA BUENA SUERTE 45990 CLUBHOUSE 43399 CALLE DE VELARDO RANCHO CALIFORNIA ROAD AT BUTTERFIELD STAGE MARGARITA AT SOLANA WAY 39310 GREENWOOD LANE DEL RIO AT FRONT STREET 39445 PALO VISTA DRIVE 32016 CORTE SOLEDAD 33271 VIA ALVARO 40480 WINDSOR ROAD CORTE POSITAS RANCHO CALIFORNIA ROAD AT TEMEKU GOLF COURSE 30574 GREENWAY CIRCLE 31107 BUENA SUERTE 27717 JEFFERSON 30261 CORTE SOLEDAD 29895 CORTE CASTILLE LA SERENA AT CAMINO CORTO 79 So. AT REDHAWK 39721 CREATIVE DRIVE 28275 TIERRA VISTA iREQUEST ' :" FENCE DAMAGED FENCE DAMAGED ALGAE IN CURB & GUTTER DEBRIS REMOVAL ROOT PRUNING DEBRIA PICK-UP TREE TRIMMING CONSTRUCTION TRAFFIC ROAD GRADING POTHOLE ROAD GRADING ALGAE IN CURB & GUTTER TREE REPLACEMENT DRAINAGE CONCERN UNDER SIDEWALK DRAIN CLEANING DEBRIS REMOVAL TREE REMIVAL ROOT PRUNE POTHOLE ALGAE IN CURB & GUTTER TREE REMOVAL FALLEN TREE LIMB TREE TRIMMING TREE TRIMMING DEBRIS REMOVAL · DATE WORK. COMPLETED ' 08/06/98 08/06/98 08/03/98 08/03/98 08/06/98 08/07/98 08/07/98 08/07/98 08/10/98 08/10/98 08/10/98 08/13/98 08/13/98 08/3/98 08/14/98 08/14/98 08/17/98 08/18/98 08/19/98 08/19/98 08/19/98 08/20/98 08/20/98 08124198 08/24/98 R:XMAINTAINXWKCMPLTDXSORSLC~UGUffF REPORT. DOC DATE RECEIVED 08/24/98 08/25/98 08/23/98 08/25/98 08125198 08/26/98 08/26/98 08/27/98 08/27/98 30417 BOGART PLACE 31122 RUIDOSA STREET 30948 GREENSBORO 32068 CORTE ESCOBAR 40625 LA COLINA 39519 LIEFER ROAD 41675 AVENIDA DE LA REINA 42200 MAIN STREET 30969 CALALE PINA COLADA :"': ..LocAnor REQUEST:' "':" :' DArE WORK: · ~ :. ~' : COMPLETED STANDING WATER 08/24/98 NAILS IN STREET 08/25/98 A.C. FAILURE 08/25/98 STANDING WATER 08/25/98 DIRT IN STREET 08/25/98 ROAD GRADING 08/26/98 PARKING PROBLEMS 08/26/98 POTHOLE 08/27/98 CATCH BASIN CLEANING 08/27/98 TOTAL SERVICE ORDER REQUESTS ~4 R:~MAINTAII~WKCMPLTD~.~OP, SLoS~AUGUSr REPORT.DOC