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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
AUGUST 8, 2006 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can
be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:00 P.M. - Closed Session of the City Council pursuant to Government Code
Section:
1. Instructions to Real Property Negotiators pursuant to Government Code
Section 54956.8 regarding the following real properties: (a) Real property
owned by Juan P. and IlIana Delval, which is commonly known as 31060
Nicolas Road, Temecula, and identified as Riverside County Assessor's
Parcel Number 957-140-005. City of Temecula negotiators: Gerald Alegria,
Senior Engineer, Beryl Yasinosky, Management Analyst, and Carol Chiodo,
Property Agent, regarding instructions to negotiators concerning price and
terms.
2. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(a) with respect to one matter of pending litigation
involving the City. The following case will be discussed: City of Temecula v.
First and Front, et. al. and Related Cross Complaints, Riverside Superior
Court Case No. RIC 415523.
3. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(b) with respect to two matters of potential litigation.
With respect to such matters, the City Attorney has determined that a point
has been reached where there is a significant exposure to litigation involving
the City and City related entities based on existing facts and circumstances.
With respect to such matters, the City Council will also meet pursuant to
Government Code Section 54956.9(c) to decide whether to initiate litigation.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: 06-09
Resolution: 06-66
CALL TO ORDER:
Mayor Ron Roberts
Prelude Music:
Paul Kehler and Students from Triple Threat Academy
Invocation:
Reverend Pat Campbell of Temecula Valley Church of Religious
Science
Flag Salute:
Council Member Naggar
ROLL CALL:
Comerchero, Edwards, Naggar, Washington, Roberts
PRESENTA TIONS/PROCLAMA TIONS
Presentation to Artists Involved in the International Art Exhibition
Certificate of Appreciation to outqoinq Old Town Local Review Board Member Haserot
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is
a five minute (5) time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
2
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of July 25, 2006.
3 Resolution approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Report as of June 30. 2006
RECOMMENDATION:
4.1 That the City Council receive and file the City Treasurer's Report as of June 30,
2006.
5 Citv Vehicle Maintenance Aqreements
RECOMMENDATION:
5.1 Approve the Maintenance Agreement with Old Town Tire & Services LLC, for an
annual amount of $50,000, plus a 10% contingency, and authorize the City Manager
to execute the agreement;
3
5.2 Approve the Maintenance Agreement with Temecula Auto Repair & Radiator, Inc.,
for an annual amount of $75,000, plus a 10% contingency, and authorize the City
Manager to execute the agreement.
6 Procurement of Updated Computer Workstations
RECOMMENDATION:
6.1 That the City Council authorize the purchase of 50 Pentium based Hewlet Packard
(HP) computer workstations from HP for the total amount of $59,543.85.
7 Award an aqreement to Nth Generation for an Information Lifecvcle Manaqement (ILM)
Solution
RECOMMENDATION:
7.1 Award a contract to Nth Generation Computing Inc. in the amount of $50,081 for the
procurement and installation of a tiered storage Information Lifecycle Management
(ILM) system to protect the City's critical data and provide essential disaster
recovery services.
8 Amendment NO.1 to the Comprise Aqreement for the Smart Access Manaqer (SAM)
Software for the new Librarv
RECOMMENDATION:
8.1 That the City Council approve the amendment to the purchase of the Smart Access
Management System from Comprise Technologies, Inc. for the additional amount of
$28,485.00.
9 Temecula Public Librarv Children's Area Artwork
RECOMMENDATION:
9.1 That the City Council approve an agreement with Duvall Design in the amount of
$35,300 plus a 10% contingency for the design, fabrication and installation of
artwork in the form of two hot air balloons in the children's area of the library.
10 Coffee Cart Purchase for Librarv
RECOMMENDATION:
10.1 That the City Council approve the purchase of a coffee cart and cover in the amount
of $28,365 for use at the Temecula Public Library and authorize the City Manager to
execute the purchase agreement.
4
11 Authorize Temporarv Street Closure of Third Street between Old Town Front Street and
Murrieta Creek for the Hot Summer Niqhts Blueqrass Session scheduled for Auqust 11 and
12. 2006 and Deleqate Authoritv to Issue a Special Events/Street Closures Permit to the
Director of Public Works/Citv Enqineer
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING TEMPORARY STREET CLOSURE OF THIRD STREET
BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK FOR THE
HOT SUMMER NIGHTS BLUEGRASS SESSION AND AUTHORIZING THE CITY
ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT
12 First Amendment to Professional Consultant Services Aqreement for Bridqe Fencinq Project
- Project No. PW05-09
RECOMMENDATION:
12.1 That the City Council approve the First Amendment to the Professional Consultant
Services Agreement with Nolte Associates, Inc. for the Bridge Fencing Project,
Project No. PW05-09 in the amount of $20,000.00, and authorize the Mayor to
execute the amendment.
13 Project Fundinq. Acceptance of Improvements and Notice of Completion for the Old Town
Temecula Communitv Theater - Project No. PW02-23
RECOMMENDATION:
13.1 Approve an increase in contingency funds of $50,642.20, which is equal to 0.71% of
the base contract amount, and authorize the City Manager to approve change
orders not to exceed the total contingency amount of $1 ,707,442.20 which
represents 23.82% of the base contract amount;
13.2 Allocate $300,000.00 from RDA Capital Project Fund Balance to Old Town
Temecula Community Theater Project;
13.3 Accept the Old Town Temecula Community Theater Project - Project No. PW02-23
- as complete;
13.4 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract amount;
13.5 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
5
14 Approval of Aqreements with Ashbv USA. LLC and Seraphina Development LLC for the
acquisition of riqhts of wav in connection with public improvements for Nicolas Road
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AGREEMENTS PURSUANT TO GOVERNMENT CODE SECTION
66462.5 WITH ASHBY USA LLC AND SERAPHINA DEVELOPMENT LLC FOR
THE ACQUISITION OF PUBLIC RIGHTS OF WAY IN CONNECTION WITH
PUBLIC IMPROVEMENTS TO NICOLAS ROAD
15 Approval of Settlement in the Case of Citv of Temecula V. Rancho California Business Park
Association. et al (Diaz Road Realiqnment Project)
RECOMMENDATION:
15.1 Approve the settlement of the case of City of Temecula v. Rancho California
Business Park Association et al. (Riverside County Superior Court Case No. RIC
412290 consolidated with Case No. RIC 389767) on such terms as described in the
proposed "Stipulation for Entry of Judgment and Final Order of Condemnation" and
authorize the City Attorney to take such actions as are necessary to implement the
settlement.
16 Second Amendment to Aqreement for Landscape Plancheck and Inspection Services for
PELA
RECOMMENDATION:
16.1 That the City Council approve the second amendment to a contract with PELA, for
Landscape Plancheck and Inspection Services in the amount of $6,500.00 with a
total contract amount not to exceed $106,500.00
17 Second Amendment of Contract Inspection Services for P & D Consultants
RECOMMENDATION:
17.1 Approve a Second Amendment for Consultant Services with P & D Consultants in
an amount not to exceed $11,000.00 to complete Fiscal Year 2005-2006.
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT, AND THE
CITY OF TEMECULA REDEVELOPMENT AGENCY
********************
6
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 06-01
Resolution: No. CSD 06-12
CALL TO ORDER: President Jeff Comerchero
ROLL CALL:
DIRECTORS:
Edwards, Naggar, Roberts, Washington,
Comerchero
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CSD CONSENT CALENDAR
18 Minutes
RECOMMENDATION:
18.1 Approve the minutes of July 25, 2006.
19 Graphic Desiqn Aqreement with Adkins Consultinq
RECOMMENDATION:
19.1 That the Board of Directors approve an agreement with Adkins Consulting in the
amount of $30,000 to provide graphic design services for the Cultural Arts Division
and the Temecula Public Library and Patricia H. Birdsall Sports Park grand
openings.
7
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
Next regular meeting: Tuesday, August 22,2006, at 5:30 P.M., for a Closed Session, with
regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
8
TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 06-01
Resolution: No. RDA 06-06
CALL TO ORDER: Chair Person Mike Naggar
ROLL CALL
AGENCY MEMBERS: Edwards, Comerchero, Roberts, Washington,
Naggar
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
RDA CONSENT CALENDAR
20 Minutes
RECOMMENDATION:
20.1 Approve the minutes of July 25, 2006.
21 Resolution of Intent to Use Tax Allocation Bond Proceeds to Reimburse for Pre-Bond
Expenditures for Old Town Infrastructure Projects
RECOMMENDATION:
21.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 06-_
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA EXPRESSING OFFICIAL INTENT REGARDING CERTAIN OLD
TOWN INFRASTRUCTURE PROJECT EXPENDITURES TO BE REIMBURSED
FROM PROCEEDS OF A TAX-EXEMPT OBLIGATION
9
22 Approve a Professional Services Aqreement with RBF Consultinq for Desiqn Services for the
Old Town Infrastructure Projects - Mercedes Street and Main Street
RECOMMENDATION:
22.1 Approve a Professional Services Agreement with RBF Consulting for design of the
Old Town Civic Center Phase 1 Street Improvements, Mercedes and Main Streets
in the amount of $253,300.00 and authorize the Chairperson to execute the
amendment;
22.2 Authorize the Executive Director to approve Extra Work Authorizations not to
exceed the contingency amount of $25,330.00, which is equal to 10% of the
Agreement.
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
Next regular meeting: Tuesday, August 22,2006, at 5:30 P.M., for a Closed Session, with
regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
10
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
COUNCIL BUSINESS
23 Prima Facie Speed Limits on Certain Streets
RECOMMENDATION:
23.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 06-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE
REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS
24 Southern California Edison (SCE) Baseline Rate Structure (at the request of Council Member
Comerchero)
RECOMMENDATION:
24.1 Provide direction to staff related to Baseline Structure of Southern California Edison.
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: Tuesday, August 22, 2006 at 5:30 P.M., for a Closed Session with
regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park
Drive, Temecula, California.
11
PROCLAMA TIONS
AND
PRESENTATIONS
City of Temecula
Certificate of Appreciation
On behalf ofthe City COlmcil and the
Citizens of the City of Temecula,
To:
Douglas Haserot
We would like to take this opportunity to express our sincere gratitude for your many contributions of both time and
talent in serving on the Old Town Local Review. As a member of the Board for the last three years, your dedicated
service has been greatly appreciated.
In Witness Whereof, I have herellllto affixed
my hand and official seal this 8th day of
August, 2006
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
CONSENT CALENDAR
ITEM NO.1
ITEM NO.2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
JULY 25, 2006
The City Council convened its regular meeting at 7:02 p.m., on Tuesday, July 25, 2006, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California, was convened.
Present:
5
Council Members:
Comerchero, Edwards, Naggar, Washington, and
Roberts.
Absent:
o
Council Members:
None.
PRELUDE MUSIC
The Prelude Music was provided by Kaori Murata and Tai Chi Murata.
INVOCATION
The invocation was given by Pastor Bill Rench of Calvary Baptist Church of Temecula.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Edwards.
PRESENTA TIONS/PROCLAMA TIONS
Certificate of Achievement for Madoree Pipkins
On behalf of the City of Temecula, Council Member Comerchero congratulated Ms. Pipkins for
earning first-place for her essay entitled Breaking Barriers through an annual Nationwide writing
contest sponsored by Major League Baseball.
Ms. Pipkins thanked the City Council for the recognition and thanked her parents for their
support.
Certificate of Achievement for Corporal Cohen & Top Doq Police Canine "Kaos"
The City Council commended the outstanding achievement of Corporal Cohen and Top Dog
Police Canine, Kaos, of the Temecula Police Department for their accomplishments during the
annual Western States Police and Fire Games (W.S.P.F.G).
Appreciating the City Council's recognition, both Corporal Cohen and canine Koas were in
attendance to accept the award.
PUBLIC COMMENTS
No comments.
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CITY COUNCIL REPORTS
A. Council Member Naggar announced that Wild Rivers Water Park filed its formal
application with the City and advised that the park will be a 15-acre water park located off Ynez
Road.
B. Referencing the current extreme heat conditions, Mayor Pro Tem Washington reiterated
the importance of not leaving children or pets in vehicles. Mr. Washington also thanked staff for
its efforts with regard to the hosting of the Governor.
C. Council Member Comerchero stated that he, along with Mayor Roberts, attended a
Friends of the Lake (Harveston Lake) meeting to discuss possible solutions with regard to park
vandalism and requested that staff provide an update to Council as to possible solutions.
Mr. Comerchero also encouraged the public to attend the Children's Museum on Friday
evenings during the summer months, advising of the numerous educational opportunities for
children.
D. Referencing the recent visit from Governor Schwarzennegger, Mayor Roberts noted his
delight with the visit and thanked staff for itsefforts with regard to the well-managed traffic
control.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of June 27, 2006;
2.2 Approve the minutes of July 11, 2006.
3 Resolution approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 06-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
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2
4 Citv Treasurer's Statement of Investment Policv
RECOMMENDATION:
4.1 That the City Council adopt the Treasurer's Statement of Investment Policy as
proposed by staff which provides safety, liquidity, and yield for City Funds.
5 Approve FY2006-07 Economic Development Operatinq/Marketinq Aqreements with the
Temecula Vallev Chamber of Commerce and Economic Development Corporation of
Southwest California
RECOMMENDATION:
5.1 Approve the operating/marketing agreements and authorize the Mayor to execute
the agreements with the following organizations: The Temecula Valley Chamber of
Commerce in the amount of $148,000; and the Economic Development Corporation
of Southwest California in the amount of $22,500.
6 Approve the Sponsorship Requests for The Temecula OnStaqe. Temecula Fall Car Show &
Old Town Cruise and Inland Empire Affiliate of The Susan G. Komen Breast Cancer
Foundation Race for the Cure Sponsorship and Fundinq Aqreement
RECOMMENDATION:
6.1 Approve the event sponsorship agreement for actual city-support costs in the
amount up to $6,885 for Temecula OnStage and authorize the Mayor to execute the
agreement;
6.2 Approve the event sponsorship agreement for actual city-support costs in the
amount up to $30,750 for the Temecula Fall Car Show & Old Town Cruise and
authorize the Mayor to execute the agreement;
6.3 Approve the event sponsorship and funding agreement in the amount of $25,000
cash, city-support costs in the amount of approximately $13,425, and promotional
services valued at $11,575 for the Inland Empire Affiliate of The Susan G. Komen
Breast Cancer Foundation Race for the Cure.
7 Approval of Temecula Vallev Convention & Visitors Bureau FY2006-07 Budqet. Budqetarv
Control Policv. and Marketinq Aqreement
RECOMMENDATION:
7.1 Approve the Temecula Valley Convention & Visitors Bureau (CONVIS) FY2006-07
Budget regarding Tourism Improvement District Funds;
7.2 Approve Temecula Valley CONVIS Budgetary Control Policy;
7.3 Approve the attached agreement w1hich provides City Marketing Funding Support up
to $95,500 to the Temecula Valley CONVIS.
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3
8 First Amendment to Professional Services Aqreement for Construction Manaqement and
Inspection Services for Citvwide Verizon Fiber Optics FTTP Installation
RECOMMENDATION
8.1 Approve the First Amendment to the Professional Services Agreement with Vali
Cooper & Associates, Inc. for Construction Management and Inspection Services
for Citywide Verizon Fiber Optics FTTP Installation Project in the amount of
$246,480 and authorize the Mayor to execute the amendment.
8.2 Approve an appropriation in the amount of $250,000 to the Public Works Land
Development consulting account from the Encroachment Permit Revenue for
Verizon Fiber Optics Project;
8.3 Increase Encroachment Permit Revenues in the amount of $250,000 in the General
Fund Reserves.
9 Award a Construction Contract and a Geotechnical and Material Testinq Professional
Services Aqreement for Phase II of the Maintenance Facilitv Field Operations Center -
Project No. PW03-06
RECOMMENDATION:
9.1 Award a construction contract for Project No. PW06-03, Phase II of the
Maintenance Facility Field Operations Center to Tovey Shultz Construction, Inc. in
the amount of $6,690,000 and authorize the Mayor to execute the contract;
9.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $669,000, w1hich is equal to 10% of the contract amount;
9.3 Award an Agreement with MTGL, Inc. to provide professional geotechnical &
material testing and special inspection services associated with Phase II of the
Maintenance Facility Field Operations Center, Project No. PW03-06, in the amount
of $50,000 and authorize the Mayor to execute the Agreement.
9.4 Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $5,000, w1hich is equal to 10% of the Agreement;
9.5 Appropriate $500,000.00 of General Fund Capital Project Reserves to the
Maintenance Facility Expansion/Field Operations Center - Project No. PW03-06.
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4
10 Award of Construction Contract for the Wolf Creek Fire Station - Project No. PW01-11
RECOMMENDATION:
10.1 Award a construction contract for the Wolf Creek Fire Station, Project No. PW01-11,
to Robert Clapper Construction Services, Inc., in the amount of $3,591 ,000 and
authorize the Mayor to execute the contract;
10.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $359,100, w1hich is equal to 10% of the contract amount;
10.3 Authorize a transfer of $112,832 of DIF - Fire Facilities funds from the Roripaugh
Ranch Fire Station Project, PW03-01, to the Wolf Creek Fire Station Project, PW01-
11;
10.4 Appropriate $300,000 of DIF - Fire Facilities funds to the Wolf Creek Fire Station
Project, PW01-11.
11 Route 79 South Medians between 1-15 and Butterfield Staqe Road. Project No. PW02-14-
Recvcled Water Aqreement with Rancho California Water District
RECOMMENDATION:
11 .1 Approve the Recycled Water Agreement between Rancho California Water District
(RCWD) and the City of Temecula for the Route 79 South Medians between 1-15
and Butterfield Stage Road, Project No. PW02-14, as attached and authorize the
mayor to execute the agreement.
12 Temecula Sunrise Rotarv Club - Bus Bench Aqreement
RECOMMENDATION:
12.1 Approve a 3-year Annual Agreement with the Temecula Sunrise Rotary Club, a
California non-profit corporation, for the placement and maintenance of forty-three
(43) bus benches throughout the City in an amount of $12,000 for Fiscal Year 2006-
07, and authorize the Mayor to execute the document in substantially the form
attached;
12.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of 10% of the Annual Agreement, or $1,200.
13 Librarv Furnishinqs Purchase
RECOMMENDATION:
13.1 Approve a purchase from GM Business Interiors in the amount of $285,656 plus a
10% contingency for library furnishings, and authorize the City Manager to execute
the purchase agreement.
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5
14 Accela/Permits Plus Maintenance Aqreement
RECOMMENDATION:
14.1 Authorize the purchase of the annual maintenance support for the following
Accela/Permits Plus Applications: Permits Plus Base, Client Server, Workflow, and
Wireless Modules for the total amount of $30,310.97.
15 Authorization of Special Tax Levv in Communitv Facilities District No. 88-12 (Ynez Corridor)
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 06-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 88-12 (YNEZ CORRIDOR)
MOTION: Council Member Comerchero moved to approve the Consent Calendar. Mayor Pro
Tem Washington seconded the motion and electronic vote reflected approval with the
exception of Mayor Roberts who abstained with regard to Item NO.5 and Mayor Pro Tem
Washington who abstained with regard to Item NO.6.
At 7:20 p.m., the City Council convened as the Temecula Community Services District, the
Temecula Redevelopment Agency, and Temecula Public Financing Authority. After a brief
recess, the City Council resumed with regular business at 7:51
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6
COUNCIL BUSINESS
28 Old Town Local Review Board Appointments
RECOMMENDATION:
28.1 Appoint three applicants to serve full three-year terms on the Old Town Local
Review Board through June 15,2009.
City Clerk Jones provided a staff report (of written record), noting that the subcommittee
comprised of Mayor Roberts and Mayor Pro Tem Washington reviewed applications for the Old
Town Local Review Board and have recommended the appointment of John Eden and the
reappointment of Albert Blair and Bill Harker to serve three-full year terms through June, 15,
2009.
MOTION: Council Member Naggar moved to appoint John Eden and to reappoint Albert Blair
and Bill Harker to serve on the Old Town Local Review Board for a full three terms through
June, 15, 2006. Council Member Comerchero seconded the motion and electronic vote
reflected unanimous approval.
DEPARTMENTAL REPORTS
29 Planninq Department Monthlv Report
30 Citv Council Travel/Conference Report - June 2006
31 Economic Development Department Monthlv Report
32 Public Works Department Monthlv Report
33 Police Department Monthlv Report
34 Buildinq and Safetv Department Monthlv Report
CITY MANAGER REPORT
No additional comments.
CITY ATTORNEY REPORT
With respect to closed session, City Attorney Thorson advised that the City Council gave
direction to a potential settlement agreement w1hich will be forwarded to the City Council for
consideration in open session at the August 8, 2006, City Council meeting and that with respect
to Item Nos. 2 and 3, direction was given but advised that there was no formal action to report.
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7
ADJOURNMENT
At 7:53 p.m., the City Council meeting was formally adjourned to a regular meeting on
Tuesday, August 8, 2006 at 5:30 P.M., for a Closed Session with regular session commencing
at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
R:\Minutes\072506
8
ITEM NO.3
Approvals
City Attorney
Director of Finance
City Manager
V
ell
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
August08,2006
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Accounting Manager
Reta Weston, Accounting Specialist
Jada Yonker, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and
approval by the City Council on a routine basis at each City Council meeting. The attached claims
represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies and
procedures.
ATTACHMENTS:
Resolution No. 06-_
List of Demands
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on
file in the office of the City Clerk, have been reviewed by the City Manager's Office, and
that the same are hereby allowed in the amount of $7,377,865.00.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 08 day of August , 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 08 day of August, 2006, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
apChkLst Final Check List Page: 1
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
715 07/14/2006 004236 WASHINGTON MUTUAL BANK Mission Village loan agrmnt payment 305,000.00 305,000.00
108904 07/18/2006 010165 NATIONAL INSTITUTE OF CRIME CPTED report writing 7/19-21 J.Maynard 395.00 395.00
108905 07/20/2006 004594 2 HOT ACTIVEWEAR Special event ShirtslName tags: Fire 1,440.62 1,440.62
108906 07/20/2006 001985 A E P (ASSOC OF ENVIRO PROF) New Membership: Dale West 120.00 120.00
108907 07/20/2006 004973 ABACHERLI, L1NDI TCSD instructor earnings 880.00 880.00
108908 07/20/2006 010177 ABEYTA, PRISCILLlA Refund: Tiny Tots Fab 4 & 5's 48.00 48.00
108909 07/20/2006 004765 ACTIVE NETWORK INC, THE Refund:Shelby Kay Olsen:Tumble Jungle 225.00
Refund:Nicolas Castriotta:Sci Adv Camp 166.00
Refund:Brayden WestSci Adv Camp 166.00
Refund:Allison Hamilton: Sr. Flute 80.00 637.00
108910 07/20/2006 004064 ADELPHIA Jul-Aug high speed internet RR 46.95 46.95
108911 07/20/2006 009033 ALLEN, STEVEN L. Photography:4th of July Extravaganza 460.00 460.00
108912 07/20/2006 006915 ALLIE'S PARTY EQUIPMENT 4th of July Parade equip rental 782.38 782.38
108913 07/20/2006 003811 AMERICAN ASSN FOR STATE Membership: W.Ott 321139 100.00 100.00
108914 07/20/2006 003520 AMERICAN SOCIETY OF Old Town music license agrmnt 560.00 560.00
COMPOSERS
108915 07/20/2006 008788 AMERICANS FOR THE ARTS Membership: Martin Betz 107242 50.00 50.00
108916 07/20/2006 006209 ASSOCIATION OF CHILDREN'S Membership: Robin Gilliland 475.00 475.00
108917 07/20/2006 002648 AUTO CLUB OF SOUTHERN Membership: Payne, C. 72238014 47.00
CALIF
Membership: Clements, B.14781145 47.00
Membership: Johnston, R. 21309735 47.00
Membership: Koerting, B. 53555487 47.00
Membership: Tooke, M. 05959813 47.00
Membership: Yonker, J. 00498832 47.00 282.00
Page:1
apChklst Final Check List Page: 2
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108918 07/20/2006 010164 BALLET STUDIO INC, THE Ticket Sales:Ballet Rocks/Illusions 3,946.18 3,946.18
108919 07/20/2006 002541 BECKER CONSTRUCTION SRVS Repairs Pechanga Pkwy Bridge grates 2,250.00 2,250.00
INC
108920 07/20/2006 004262 BIO-TOX LABORATORIES Feb DUI Drug & Alcohol Screening 595.00
Jan DUI Drug & Alcohol Screening 512.00
Mar DUI Drug & Alcohol Screening 448.00
Dec DUI Drug & Alcohol Screening 308.00
Credit: Not arrested in city limits -35.00
Credit: Not arrested in city limits -52.00
Credit: Not arrested in city limits -70.00
Credit: Not arrested in city limits -70.00 1,636.00
108921 07/20/2006 010172 BOGATI, ROSARIO Refund: level 3 Swim lessons 40.00 40.00
108922 07/20/2006 007134 BONNAND, LAURIE Refund: Raging wtrs- Teen Excursion 30.00 30.00
108923 07/20/2006 002103 CA P 10 Membership: Aaron Adams 175.00 175.00
108924 07/20/2006 003138 CAL MAT PW patch truck asphalt materials 415.97
PW patch truck asphalt materials 374.21
PW patch truck asphalt materials 220.34
PW patch truck asphalt materials 195.61
PW patch truck materials 192.32
PW patch truck materials 113.14 1,511.59
108925 07/20/2006 000674 CALIF CONTRACT CITIES 06/07 Membership: Agency 1,857.00 1,857.00
108926 07/20/2006 004248 CALIF DEPT OF JUSTICE- Fingerprinting ID svcs:PolicelHR 6,153.00 6,153.00
ACCTING
108927 07/20/2006 000486 CALIF MUNI REVENUE & TAX Regist:CMRTA Conf:1 0/18-20:Z.Smith 200.00 200.00
ASSOC
108928 07/20/2006 007843 CALVARY CHAPEL BIBLE Refund: Security Dept: Picnic Shelter 150.00 150.00
108929 07/20/2006 000387 CAREER TRACK SEMINARS Regist:Criticism & Discipline Skills: 149.00
Regist:Criticism & Discipline Skills: 149.00
Regist:Criticism & Discipline Skills: 149.00 447.00
108930 07/20/2006 002534 CATERERS CAFE Refreshment: CM Businesss Mtg 67.06 67.06
Page2
apChklst Final Check List Page: 3
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108931 07/20/2006 003775 CHAPARRAL HIGH SCHOOL 1/4 qtr program advertising 175.00 175.00
108932 07/20/2006 000137 CHEVRON USA INC City vehicles fuel:Police 1,165.30
City vehicles fuel:CM/PoIice 420.44 1,585.74
108933 07/20/2006 010170 CLOW, ELINOR M. Refund: Music for Toddlers 44.00 44.00
108934 07/20/2006 006660 CMTA Regist:Assessed Valuation Cf:8/1 0/06 72.00 72.00
108935 07/20/2006 001009 D B X INC Jun prgss:Trffc Signal Interconnect 5,300.00
Jun Retention:Trffc Signal Interconnect -530.00 4,770.00
108936 07/20/2006 002701 DIVERSIFIED RISK June 06 special events premiums 722.60 722.60
108937 07/20/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City Vehicles:Planning/Police 496.48
INC
Fuel for City Vehicles:City Van 143.15
Fuel for City Vehicles:CM 19.33 658.96
108938 07/20/2006 010171 DUTKA, JODIE Refund: level 3 Swim lessons 40.00 40.00
108939 07/20/2006 003223 EDAW INC Biological Svcs:long Canyon Basin 1,158.76 1,158.76
108940 07/20/2006 000165 FEDERAL EXPRESS INC Jun 27-29 Express mail services 357.13 357.13
108941 07/20/2006 004000 FENCING BY ACREY INC Res impr prgm: Sepulveda, larry 2,231.00 2,231.00
Page:3
apChklst Final Check List Page: 4
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108942 07/20/2006 003347 FIRST BANKCARD CENTER
009816 MONDOSOFT INC TT Software: \l\lindows search 2,700.00
006077 NTH GENERATION COMPUTING TT On-Site engineering svcs:Plume 540.00
INC
004080 MARTEL ELECTRONICS INC SJ Audio/video recording equip 508.93
006937 SOUTHWEST AIRLINES JO Airiare:PACT Conf:6/14/06 217.10
002534 CATERERS CAFE WH Refreshments:Civic Ctr Mtg 136.08
002652 PAT & OSCARS RESTAURANT TT Dept team bldg refreshments 83.90
000198 INTL COUNCIL ON SHOPPING JO Book:Shared Prkg-2nd Edition 59.95
000310 TEMECULA CREEK INN INC JO RefreshmentsVerizon Business Mtg 41.12
010175 METROLlNK SN & GR train fees to LA on 07/05 36.50
SJ Bank charges 35.00
000418 RIVERSIDE CO CLERK & SJ Official records certificate 30.00
RECORDER
007744 SUPERSHUTTLE JO Shuttle:PACT Conf:6/14/06 28.00
007747 MIMI'S CAFE MN Refreshments: Business Mtg 25.21
006942 ONTARIO AIRPORT JO Prkg:PACT Conf:6/14/06 15.00
006952 PA YPAL TT Veri sign Payflow Pro Transaction 11.00
010174 SUNSET PARKING SERVICES SJ Team Bldg San Diego Prkg fee 4.00 4,471.79
108943 07/20/2006 009097 FULL COMPASS SYSTEMS Theater supplies:3- Pvvr unit 674.12 674.12
108944 07/20/2006 000177 GLENNIES OFFICE PRODUCTS Misc office supplies: Central Svcs 645.15
INC
Misc office supplies: Finance Dept 296.28
Misc office supplies:Police 41.47 982.90
108945 07/20/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 182.53 182.53
108946 07/20/2006 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 266.00
CLUB
TCSD instructor earnings 73.50
TCSD instructor earnings 56.00
TCSD instructor earnings 42.00 437.50
108947 07/20/2006 010176 GROSS, RICK Refund:level 2 SWim lessons 40.00 40.00
108948 07/20/2006 002174 GROUP 1 PRODUCTIONS 4th of July Events video taping 3,000.00 3,000.00
Page:4
apChklst Final Check List Page: 5
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108949 07/20/2006 005311 H20 CERTIFIED POOL WATER CRCfTES Jun pool cleaning svcs 1,700.00 1,700.00
SPCL.
108950 07/20/2006 010178 HALE, ROCKY Refund: Teen Beach Blanket Trip 5.00 5.00
108951 07/20/2006 000186 HANKS HARDWARE INC Hardware supplies:lnfo System 150.47 150.47
108952 07/20/2006 001135 HEALTH POINTE MEDICAL June Pre-employment physicals 585.00 585.00
GROUP INC
108953 07/20/2006 004811 HEWLETT PACKARD Library Network & Data Back-up equip 38,431.10 38,431.10
108954 07/20/2006 001158 HOLIDAY INN Hotel:CMRTA Conf:1 O/18-20:Z.Smith 286.74 286.74
108955 07/20/2006 001517 HORIZON HEALTH Jul EE assistance confidential prgm 827.20 827.20
108956 07/20/2006 004535 ICEPLEX SMART excursion: July 26 495.00 495.00
108957 07/20/2006 000501 INTL INSTITUTE OF MUNICIPAL Mb :Jones/Ballreich/FloreslDomenoe 348.00 348.00
108958 07/20/2006 001186 IRWIN, JOHN TCSD instructor earnings 659.40
TCSD instructor earnings 88.20 747.60
108959 07/20/2006 009393 J M DIAZ INC May prgss:Wolf Crk Sprts Cmplx 560.00 560.00
108960 07/20/2006 010173 KAL PACIFIC & ASSOCIATES, INC Refund:Permit O\ffpmt-43300 212 Business 201.95 201.95
108961 07/20/2006 006298 KEYE PRODUCTIVITY CENTER Regist:Assertiveness Trng:9/18:CD 179.00 179.00
108962 07/20/2006 010156 KIM, SUNG-HEE Refund: Kidz love Soccer 176.00 176.00
108963 07/20/2006 010137 KING, SEAN Business relocation agrmnt:Pacific Mort. 11,650.00 11,650.00
108964 07/20/2006 003631 KLEINFELDER INC May Geotech svcs: Field Oper Cntr 2,239.50 2,239.50
108965 07/20/2006 001282 KNORR SYSTEMS INC Aquatic - Pool Mntc supplies 711.80 711.80
108966 07/20/2006 008715 KRAMER FIRM INC June planning architect review svcs 2,000.00 2,000.00
PageS
apChklst Final Check List Page: 6
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108967 07/20/2006 003280 LASKIN, JON JAY Entertainment: Int'I Art Exhibit 7/16 455.00 455.00
108968 07/20/2006 004412 LEANDER, KERRY D. TCSD instructor earnings 2,667.00 2,667.00
108969 07/20/2006 000482 LEIGHTON CONSULTING INC Apr-Jun prgss:Educ Cntr Rough Grading 59,777.17 59,777.17
108970 07/20/2006 003286 LIBRARY SYSTEMS & SERVICES June svcs-library system agrmnt 11,206.56
June svcs-library system agrmnt 1,301.42 12,507.98
108971 07/20/2006 009521 LIONEL'S VINYL'S Mall Police Stn:Clear Plexi Glass 327.54
Mall Police Stn: Frosted glass film 164.70 492.24
108972 07/20/2006 010166 LOSSETT FAMILY PARTNERSHIP Refund: Paid Cite 3139 twice 100.00 100.00
108973 07/20/2006 004087 LOWES INC Res impr prgm: Reily,Jeffrey/Christina 178.24 178.24
108974 07/20/2006 010159 MABRY, BETTY ANN refund:teen excusion/Raging Waters 60.00 60.00
108975 07/20/2006 003782 MAIN STREET SIGNS signs, hardware/supplies:PVV Maint 2,798.00 2,798.00
108976 07/20/2006 004141 MAINTEX INC custodial supplies:Maint Fac 531.21
custodial supplies:C.Museum 265.60 796.81
108977 07/20/2006 004068 MANALlLI, AILEEN TCSD Instructor Earnings 304.50
TCSD Instructor Earnings 304.50
TCSD Instructor Earnings 276.50
TCSD Instructor Earnings 192.50
TCSD Instructor Earnings 155.75
TCSD Instructor Earnings 52.50
TCSD Instructor Earnings 10.50
TCSD Instructor Earnings 7.00 1,303.75
108978 07/20/2006 001967 MANPOWER TEMPORARY Temp help w/e 07/02 Hoof/Dankworth 1,368.80 1,368.80
SERVICES
108979 07/20/2006 000217 MARGARITA OFFICIALS ASSN Jun softball officiating srvcs:TCSD 3,120.00 3,120.00
108980 07/20/2006 002693 MATROS, ANDREA TCSD Instructor Earnings 126.00
TCSD Instructor Earnings 42.00 168.00
108981 07/20/2006 009541 MEYER AND ASSOCIATES Jun dsgn svcs:TCC Expansion 2,880.00 2,880.00
Page:6
apChklst Final Check List Page: 7
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108982 07/20/2006 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 150.00
City vehicles detailing svcs:PW Depts 125.00
City vehicles detailing svcs:Code Enf 20.00 295.00
108983 07/20/2006 009835 MIRACLE PLAYGROUND SALES retrofit playground equip:loma Vista So. 45,833.22
INC
retrofit plygrnd equip:loma Vista Middle 39,721.67
retrofit playground equip:loma Vista No. 39,412.57 124,967.46
108984 07/20/2006 004534 MOBILE SATELLITE VENTURES Jul EOC Stn Satellite Phone Svcs 72.02 72.02
LP
108985 07/20/2006 004586 MOORE FENCE COMPANY Res Imp Prgm:Akerley-Crowley, Wendy 5,320.00 5,320.00
108986 07/20/2006 003996 MUSIC HERITAGE, INC. FY 05-06 CSF Program Award 2,000.00 2,000.00
108987 07/20/2006 007096 MUSICIANS WORKSHOP Jazz Festival 7/6-8/06 Thtr settlement 3,288.65 3,288.65
108988 07/20/2006 002925 NAPA AUTO PARTS equip parts/supplies:PW Maint 161.70 161.70
108989 07/20/2006 002037 NEXUS INTEGRATION SERVICES Software Updates for Cisco Routers 2,964.10 2,964.10
108990 07/20/2006 002139 NORTH COUNTY TIMES Jun public ntcs:City ClerklPln/PW 1,190.64
annual subscr:PW 233144 106.80 1,297.44
108991 07/20/2006 009570 o C B REPROGRAPHICS E.S. Gardner Exhib Blueprints 149.34 149.34
108992 07/20/2006 002292 OASIS VENDING Jul coffeelkitchen supplies:City Hall 503.90
Jul coffee/kitchen supplies:Maint Fac 258.28 762.18
108993 07/20/2006 009976 OC WEEKLY LP Display ad:Theater 5/18/06 302.00 302.00
108994 07/20/2006 006721 OFFICEMAX - A BOISE COMPANY paper supplies for Central Services 2,499.97 2,499.97
108995 07/20/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 609.37 609.37
108996 07/20/2006 010181 ONTKEAN, PHYLLIS refund:toddler swim lessons 40.00 40.00
108997 07/20/2006 008871 ORIGINAL LIFEGUARD INC LIFEGUARD UNIFORMS:AQUATICS PRGM 970.13 970.13
108998 07/20/2006 008471 PARSONS BRINCKERHOFF Oct-Dec prof svcs:Ynez Rd Bridge 1,536.00 1,536.00
Page:?
apChklst Final Check List Page: 8
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108999 07/20/2006 007591 PAUL LASLO & ASSOCIATES promo items:Tem.Citizen Corps 1,345.28
promo items:Tem.Citizen Corps 895.94 2,241.22
109000 07/20/2006 010157 PEl, QIBING refund: teen excursion/Raging Waters 30.00 30.00
109001 07/20/2006 003218 PELA Jun Plan Check Svcs: Tcsd 2,000.00
Jun Idscp svcs:P.B. Sports Complex 810.00 2,810.00
109002 07/20/2006 002331 PEP BOYS INC equip parts/supplies:PW Maint 107.73 107.73
109003 07/20/2006 002498 PETRA GEOTECHNICAL INC Apr Prof Svcs: P.B. Sports Complex 1,910.00 1,910.00
109004 07/20/2006 000249 PETTY CASH Petty Cash Reimbursement 506.38
Petty Cash Reimbursement 364.63
Petty Cash Reimbursement 157.84 1,028.85
109005 07/20/2006 009161 POLETTI, GUSTAVO TCSD Instructor Earnings 181.13 181.13
109006 07/20/2006 000254 PRESS ENTERPRISE COMPANY Jun recruitment ads:PW/C.C.lI.S.fTCSD 2,016.67 2,016.67
INC
109007 07/20/2006 000254 PRESS ENTERPRISE COMPANY 6/21/06-06/19/07 subscr:tcsd 3254007 330.74
INC
7/27/06-7/25/07 subscr:PW 6178628 165.37 496.11
109008 07/20/2006 003493 PRO-CRAFT Res Imprv Prgm: Sepulveda, larry & Kathy 4,573.00 4,573.00
109009 07/20/2006 008964 PULSIFER, JAMES EntertainmentConcert Series 7/27/06 900.00 900.00
109010 07/20/2006 001416 QUICK CRETE PRODUCTS INC Harveston lake Park monument signs 6,626.63 6,626.63
109011 07/20/2006 000728 RAMSEY BACKFLOW & parks backflow testinglrepairs: TCSD 725.00
PLUMBING
slopes backflow testing/repair: TCSD 523.00 1,248.00
109012 07/20/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 16,421.51
Various Water Meters 4,883.01
Various Water Meters 214.85
Various Water Meters 91.60
Various Water Meters 63.23 21,674.20
109013 07/20/2006 002654 RANCHO FORD LINCOLN City vehicle maint svcs: TCSD 154.37 154.37
MERCURY
109014 07/20/2006 010161 READ, SANDRA refund:level1 swim lessons 40.00 40.00
Page:8
apChklst Final Check List Page: 9
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109015 07/20/2006 004498 REPUBLIC ELECTRIC Jun eng svcs:Winchester Rd 8,150.00 8,150.00
109016 07/20/2006 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 252.00
TCSD Instructor Earnings 73.50
TCSD Instructor Earnings 49.00 374.50
109017 07/20/2006 000406 RIVERSIDE CO SHERIFFS DEPT May 2006 Booking Fees 14,462.40 14,462.40
109018 07/20/2006 001365 RIVERSIDE COUNTY OF Food cart health permit 381.00 381.00
109019 07/20/2006 000873 ROBERTS, RONALD H. reimb:SCAG Regional Council mtg 7/5-6 24.00 24.00
109020 07/20/2006 010099 RONSON, ASCELLA refund Tumble Jungle-Tiny Tumblers 263.00 263.00
109021 07/20/2006 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 686.00 686.00
109022 07/20/2006 009982 S & J ENTRANCE & WINDOW training materials:Fire Explorers Post 2,625.00 2,625.00
SPEC
109023 07/20/2006 006615 SCAN NATOA INC FY 06107 membership dues:B.Smith 75.00
FY 06/07 membership dues:P.Ruse 75.00
FY 06/07 membership dues:C.McCarthy 75.00 225.00
109024 07/20/2006 010155 SEKIGUCHI, TOMOKO refund:Kidz love Soccer 104.00 104.00
109025 07/20/2006 009568 SEW WHAT? INC. Digital Image Printed (2) BannersThtr 986.14 986.14
109026 07/20/2006 010179 SILlZNOFF, PAMELA refund:picnic shelter/Marg.Park 55.00 55.00
109027 07/20/2006 010182 SIVERT, PATRICIA refund:ballroom dance classes 31.00 31.00
109028 07/20/2006 000537 SO CALIF EDISON Jun 2-00-397-5059 various mtrs 11,572.55
2-26-887-0789 various mtrs 2,104.42
2-25-393-4681 Moraga Rd 1,038.49
Jul 2-28-171-2620 Police Mall Stn 696.77
Jun 2-10-331-1353 Rre Stn 84 291.51
2-27-560-0625 Deer Hollow Way 117.46
2-28-397-1315 Redhawk Pkwy 19.30 15,840.50
109029 07/20/2006 000519 SOUTH COUNTY PEST CONTROL Jun pest control svcs:Theater 90.00 90.00
INC
Page:9
apChklst Final Check List Page: 10
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109030 07/20/2006 006559 SOUTHWESTERN RIVERSIDE Refund :Sec. DepositlCRC 150.00 150.00
COUNTY
109031 07/20/2006 010163 STEVERSHERWOOD, SALLY refund:Junior Flute Ensemble 75.00 75.00
109032 07/20/2006 001546 STRAIGHT LINE GLASS Res ImplY Prgm: Sebanc, Halle 374.24 374.24
109033 07/20/2006 007698 SWANK MOTIONS PICTURES, "Nanny McPhee":MovieslPark Series 271.00
INC.
"Daddy Daycare":Movies/Park Series 221.00 492.00
109034 07/20/2006 003599 T Y L1N INTERNATIONAL May prof svcs:Roripaugh/Btrfld Bridges 23,359.84
May prof svcs:Roripaugh loop Rd Bridge 15,411.16
Apr prof svcs:Roripaugh loop Rd Bridge 14,072.50 52,843.50
109035 07/20/2006 000305 TARGET BANK BUS CARD SRVCS TCSD special event supplies 12.20 12.20
109036 07/20/2006 010180 TEGARDINE, SONIA refund:sec depositlfac rental-CRC 245.00
refund:sec depositlfac rental-CRC 150.00 395.00
109037 07/20/2006 009500 TEMEC ELECTRONICS, INC electrical supplies:C. Museum 43.27
Jun electric supplies: Info Sys 9.70 52.97
109038 07/20/2006 006465 TEMECULA AUTO REPAIR City vehicle maint svcs:B&S Dept 1,029.51 1,029.51
109039 07/20/2006 000307 TEMECULA TROPHY COMPANY Directional Signs:Theater 935.27
nametagslnam eplates:Theater 124.73
plates for plaques:4th of July \/\/inners 51.72
Good Neighbor '06 \/\/inner Runner-Up 42.02 1,153.74
109040 07/20/2006 003140 TEMECULA VALLEY TCSD Instructor Earnings 291.20
TAEKWONDO
TCSD Instructor Earnings 182.00
TCSD Instructor Earnings 126.00
TCSD Instructor Earnings 84.00
TCSD Instructor Earnings 21.00 704.20
109041 07/20/2006 000668 TIMMY D PRODUCTIONS INC DJ sIYcs:4th of July extravaganza 8,750.00 8,750.00
109042 07/20/2006 007433 TOVEY SHULTZ CONSTRUCTION release stop ntc:CampbellfThtr p~t 171,737.00
INC
May prgs pmt#15:Roripaugh Fire Stn 17,198.69
ret w/h pmt #15:Roripaugh Fire Stn -1,719.85
stop notice:US Air/Roripaugh Fire Stn -33,060.27 154,155.57
109043 07/20/2006 007709 TOYOTA OF TEMECULA VALLEY City vehicle maint svcs: Planning 108.15 108.15
Page:10
apChklst Final Check List Page: 11
0712012006 2:01:47PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109044 07/20/2006 003031 TRAFFIC CONTROL SERVICE INC traffic control devices:PWMaint 604.75 604.75
109045 07/20/2006 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings 472.50
INC
TCSD Instructor Earnings 256.20
TCSD Instructor Earnings 256.20
TCSD Instructor Earnings 165.20
TCSD Instructor Earnings 165.20
TCSD Instructor Earnings 165.20
TCSD Instructor Earnings 157.50
TCSD Instructor Earnings 92.92
TCSD Instructor Earnings 82.60
TCSD Instructor Earnings 82.60 1,896.12
109046 07/20/2006 004895 TUMBLES, JW TCSD Instructor Earnings 247.80
TCSD Instructor Earnings 165.20
TCSD Instructor Earnings 138.60
TCSD Instructor Earnings 82.60 634.20
109047 07/20/2006 007118 US TELPACIFIC CORPORATION Jullnternet IP Addresses Block 950.51 950.51
109048 07/20/2006 010169 UNITED TOWING SERVICE, INC asphalt truck towing services:PW Maint 156.25 156.25
109049 07/20/2006 000854 URBAN LAND INSTITUTE "mixed use dev"!"walkable places" books 152.13 152.13
1 09050 07/20/2006 003665 VARTEC SOLUTIONS INC Jun long distance phone svcs 3.21 3.21
109051 07/20/2006 004261 VERIZON Jul xxx-5072 general usage 4,632.33
Jul xxx-1341 Theater 354.81
Jul xxx-0073 general usage 218.05
Jul xxx-1941 general usage 57.65
Jul xxx-391 0 1 st St irrigation 31.58
Jul xxx-5473 Moraga Rd 31.19
Jul xxx-7562 irrigation controller 30.45
Jul xxx-4723 Police Storefront 29.42
Jul xxx-8573 general usage 28.45 5,413.93
109052 07/20/2006 004848 VERIZON SELECT SERVICES INC Jullong distance phone svcs 1,004.23 1,004.23
109053 07/20/2006 010160 WELBOREN, BELINDA refund:level 3 swim lessons 45.00 45.00
109054 07/20/2006 000339 WEST PUBLISHING CORP Jun City Hall legal publications 129.32 129.32
Page:11
apChklst
0712012006
2:01:47PM
Final Check List
CITY OF TEMECULA
Page: 12
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
109055 07/20/2006 008980 WILLIS, KRISTINE
Refund: Summer Day Camp
205.00
205.00
109056 07/20/2006 009556 WIRELESS FACiliTIES, INC (WFI) Public Wi-Fi Network:Old Town
13,600.00
Public Wi-R Network:Old Town
5,000.00
18,600.00
Grand total for UNION BANK OF CALIFORNIA:
988,972.70
Page:12
apChklst
0712012006
2:01:47PM
Final Check List
CITY OF TEMECULA
Page: 13
154
checks in this report.
Grand Total All Checks:
988,972.70
Page:13
apChklst Final Check List Page: 1
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
716 07/28/2006 000444 INSTATAX (EDD) Unemployment taxes for 2nd qtr 2006 12,024.81 12,024.81
717 07/27/2006 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 6,483.18 6,483.18
NATIONWIDE RETIREMENT
718 07/27/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 111,100.03 111,100.03
RETIREMENT)
719 07/27/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,406.82 20,406.82
SOLUTION
720 07/27/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 88,776.40 88,776.40
721 07/27/2006 000444 INSTATAX (EDD) State Disability Ins Payment 22,454.32 22,454.32
722 07/26/2006 005460 U S BANK RDA debt svc pmt 1,098,800.10 1,098,800.10
109057 07/27/2006 010196 1ST RESPONDER NEWSPAPER, 1 yr subscription for Fire Stn 84 25.00 25.00
INC.
109058 07/27/2006 004594 2 HOT ACTIVEWEAR wool/polyester motor breeches: Police 393.29
wool/polyester motor breeches: Police 393.29
Traffic uniform: Deputy Griffith 186.41 972.99
109059 07/27/2006 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 193.95
Pool sanitizing chemicals 155.12 349.D7
109060 07/27/2006 004064 ADELPHIA 7/22-8/21 high speed internet City Hall 46.95 46.95
109061 07/27/2006 003679 AEI CASC ENGINEERING Jun 06 WQMP plan check svcs 2,550.00 2,550.00
109062 07/27/2006 009010 ALEXANDER PACIFIC Install Prkg-Iot Light pole:Duck Pond 900.00
Install Prkg-Iot light pole: Meadows Prk 500.00 1,400.00
109063 07/27/2006 006915 ALLIE'S PARTY EQUIPMENT Rental equip: Street Painting event 847.14
4th of July Tent Rental 800.37 1,647.51
109064 07/27/2006 009767 AL TA LOMA CHARTER INC Excursion bus svc:Aquarium of the 711.66
Excursion bus svc:Pharaoh's lost Kgdm 709.19 1,420.85
109065 07/27/2006 004240 AMERICAN FORENSIC NURSES Jun DUI Drug & Alcohol Screening 643.06
Jun DUI Drug & Alcohol Screening 459.00 1,102.06
Page:1
apChklst Final Check List Page: 2
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109066 07/27/2006 008595 AMERICAN INTL GROUP INC Workers' Comp July 2006 36,404.00 36,404.00
109067 07/27/2006 000101 APPLE ON E INC Temp help PPE 6130 Jepsen 177.45 177.45
109068 07/27/2006 003203 ARTISTIC EMBROIDERY Central Services staff shirts 215.50
Add't staff shirts for Chris Vlahos 137.92
Rnance Team Building shirts 25.86 379.28
109069 07/27/2006 004967 B D R ADVERTISING Eco Devel imprinted sprts bottles 517.21 517.21
SPECIALTIES
109070 07/27/2006 005709 BAMM PROMOTIONAL 60- Summer Day Camp T-shirts 407.70 407.70
PRODUCTS
109071 07/27/2006 009908 BEADOR CONSTRUCTION CO Jun prgss: 79S medians 418,650.00
INC
Jun Retention: 79S medians -41,865.00 376,785.00
109072 07/27/2006 010199 BEYER, PAUL Settlement release on claim 2006-519 1,043.63 1,043.63
109073 07/27/2006 004040 BIG FOOT GRAPHICS TCSD instructor earnings 490.00 490.00
109074 07/27/2006 004262 BIO-TOX LABORATORIES Jan DUI Drug & Alcohol Screening 620.13
Jun DUI Drug & Alcohol Screening 595.35
Jan DUI Drug & Alcohol Screening 503.36
May DUI Drug & Alcohol Screening 501.60
Jun DUI Drug & Alcohol Screening 342.00
Jan DUI Drug & Alcohol Screening 274.38
May DUI Drug & Alcohol Screening 240.44
Dec DUI Drug & Alcohol Screening 238.88
Jul DUI Drug & Alcohol Screening 69.23
Jul DUI Drug & Alcohol Screening 50.20 3,435.57
109075 07/27/2006 005312 BITCH'N STITCH'N 3 safety award jackets 435.00 435.00
109076 07/27/2006 004829 BOB WILSON INC Jul State lobbying svcs 3,500.00 3,500.00
109077 07/27/2006 004176 BROADWING 6/15-7/14 19 distance & internet svcs 749.15 749.15
TELECOMMUNICATIONS
109078 07/27/2006 006908 C C & COMPANY INC 10/27 Halloween & Harvest Entertainment 300.00
11/3 Family Fun Night Entertainment 137.50 437.50
Page2
apChklst Final Check List Page: 3
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109079 07/27/2006 003138 CAL MAT PW patch truck materials 663.25
PW patch truck materials 439.24
PW patch truck materials 245.62
PW patch truck materials 150.85 1,498.96
109080 07/27/2006 005384 CALIF BAGEL BAKERY & DELI Refreshments: Council closed session 179.94 179.94
109081 07/27/2006 009067 CALIF BANK & TRUST Rei Retention Esrw Edge Devel:T.Library 86,628.46 86,628.46
109082 07/27/2006 008644 CANTRELL, ROGER, AlA, AICP Jun Architect review:Planning 1,528.00 1,528.00
109083 07/27/2006 000387 CAREER TRACK SEMINARS Regist: First-time Supervisor:10/12:CD 149.00 149.00
109084 07/27/2006 000131 CARL WARREN & COMPANY INC Jun 06 Claim adjuster services 125.52 125.52
109085 07/27/2006 004837 CHERRY VALLEY FEED & PET "Kaos" Police k-9 food & supplies 84.00 84.00
SUPL Y
109086 07/27/2006 005417 CINTAS FIRST AID & SAFETY First aid supplies: SMART Prgm 1,301.30
First aid supplies: pw Str. Mntc 149.02 1,450.32
109087 07/27/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 150.00 150.00
109088 07/27/2006 000442 COMPUTER ALERT SYSTEMS Install security system: P.B. Sprts Prk 2,285.00
Repair City Hall door strike 80.00 2,365.00
109089 07/27/2006 010198 COSSABOOM, JILL Refund:Teen Summer Day Camp 205.00 205.00
109090 07/27/2006 006954 CRAFTSMEN PLUMBING & HVAC Plumbing repairs @ Fire Stn 84 280.72
Plumbing repairs @ Fire stn 84 230.00 510.72
109091 07/27/2006 004123 D L PHARES & ASSOCIATES Aug lease: Police Old Town Storefront 2,402.57 2,402.57
109092 07/27/2006 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 1,347.50
TCSD instructor earnings 367.50 1,715.00
109093 07/27/2006 003006 DEWITT CUSTOM PAINTING Res impr prgm: O'Neil, Ruth 2,800.00 2,800.00
109094 07/27/2006 010197 DEWITT, DEBBIE Refund:level 3 SWim lessons 40.00 40.00
Page:3
apChklst Final Check List Page: 4
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109095 07/27/2006 003945 DIAMOND ENVIRONMENTAL Portable restroom: 19 Cnyn Prk P-16 57.98
SRVCS
Portable restroom:Vail Ranch Prk P-17 57.98
Portable restroom: Veterans Prk P-1 57.98
Portable restroom: Riverton Prk P-6 57.98 231.92
109096 07/27/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City Vehicles: TCSD 1,369.88
INC
Fuel for City Vehicles:PW Mntc 1,348.89
Fuel for City Vehicles:Bldg&Safety 673.95
Fuel for City Vehicles:PW/NPDES/CIP 559.59
Fuel for City Vehicles:Planning/Police 289.09
Fuel for City Vehicles:CIP/City Van 286.54
Fuel for City Vehicles:Code Enforcement 212.74
Fuel for City Vehicles:CIP 72.16
Fuel for City VehiclesTraffic 35.47 4,848.31
109097 07/27/2006 002528 EAGLE GRAPHIC CREATIONS New employee glass mugs 47.63 47.63
INC
109098 07/27/2006 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr ldscp 696.04 696.04
DIST
109099 07/27/2006 005880 EDGE DEVELOPMENT INC. Jun prgss:Public Library construction 866,284.59
Jun Retention:Public Library -86,628.46 779,656.13
109100 07/27/2006 010066 EMPIRE SALES & DISTRIBUTORS Cultural Arts skateboard/longboard kit 1,616.25 1,616.25
109101 07/27/2006 005115 ENTERPRISE RENT A CAR INC Van rental:Day Camp teen excursion 141.72
Van rental:Day Camp teen excursion 137.72
Van rental:Day Camp teen excursion 115.10 394.54
109102 07/27/2006 001056 EXCEL LANDSCAPE Irrigation repairs: Slope Sites 1,262.53
Jun irrigation repairs: Various sites 607.29
Replant Old Town barrels plants 320.00
Jun Idscp impr:Margarita Rustic Glenn 133.47 2,323.29
109103 07/27/2006 000478 FAST SIGNS T. Museum exhibit signs 110.10 110.10
109104 07/27/2006 009953 FEDERAL CLEANING June cleaning svcs: Police Mall Stn 284.28 284.28
CONTRACTORS
109105 07/27/2006 000165 FEDERAL EXPRESS INC Ju15-10 Express mail services 179.57 179.57
109106 07/27/2006 000206 FEDEX KINKOS INC Stationery paper/misc supplies 969.19 969.19
Page:4
apChklst Final Check List Page: 5
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109107 07/27/2006 000166 FIRST AMERICAN TITLE lot book report: Reilly, J & C 75.00
COMPANY
lot book report: Zeal, Marilyn 75.00 150.00
109108 07/27/2006 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
109109 07/27/2006 000795 FRED PRYOR SEMINARS- Regist:Supervise sem:8I2:Damko 99.00
CAREERTRAC
Regist:Supervise sem:8/2:Kitzerow 99.00 198.00
109110 07/27/2006 010016 FULLER TRUCK ACCESSORIES small tools for TCSD mntc 1,501.66 1,501.66
109111 07/27/2006 009073 G F G T T HOLDINGS INC Refund: Children Museum admission 38.53 38.53
109112 07/27/2006 004514 G T S I CORP 10-Computer Stylus Digitize Pens: Fire 245.77 245.77
109113 07/27/2006 005405 GILLILAND, ROBIN Reimb:supplies for Dutch visitors 76.18 76.18
109114 07/27/2006 009660 GRADE PROS INC. Jun prgss:Pauba Rd Phase II 345,260.50
Jun Retention: Pauba Rd Ph II -34,526.05 310,734.45
109115 07/27/2006 000186 HANKS HARDWARE INC Hardware supplies:TCC 25.29
Hardware supplies:Mntc Facility 23.66 48.95
109116 07/27/2006 002372 HARMON, JUDY TCSD instructor earnings 30.10
TCSD instructor earnings 22.40
TCSD instructor earnings 22.40 74.90
109117 07/27/2006 001135 HEALTH POINTE MEDICAL Jun Pre-employment physicals 275.00 275.00
GROUP INC
109118 07/27/2006 003106 HERITAGE SECURITY SERVICES 4th of July Security Officer svcs 2,742.75 2,742.75
109119 07/27/2006 004811 HEWLETT PACKARD Library computer equipment 38,592.78 38,592.78
109120 07/27/2006 007792 HINTON, BEVERLY L. TCSD instructor earnings 214.20 214.20
109121 07/27/2006 005748 HODSON, CHERYL A. Support Payment 12.77 12.77
109122 07/27/2006 007618 HOT AUGUST NIGHT 8/3 Summer Concert Series performer 1,200.00 1,200.00
109123 07/27/2006 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,636.45 11,636.45
303355
PageS
apChklst Final Check List Page: 6
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109124 07/27/2006 005579 INLAND EMPIRE PROPERTY Weed abatement svcs:Code Enforcement 11,112.64
Weed abatement svc:Code Enforcement 6,121.40 17,234.04
109125 07/27/2006 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 429.66 429.66
INC
109126 07/27/2006 003296 INTL CODE COUNCIL Membership: A. Elmo 06-0547650 180.00 180.00
109127 07/27/2006 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit 331.83 331.83
109128 07/27/2006 010119 IRS-OIC Sup Pmt Offer#1 000497587 452379267 140.11 140.11
109129 07/27/2006 004908 JIFFY LUBE 1878 City Vehicle Oil Chg:Bldg & Safety 49.50
City Vehicle Oil Chg:Bldg & Safety 35.50 85.00
109130 07/27/2006 000820 K R W & ASSOCIATES Jun plan check services 3,045.00
Credit: Miscalculated total chrgs -140.00 2,905.00
109131 07/27/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 7/9 Bagdasarian 510.40 510.40
109132 07/27/2006 000548 KIPLINGER LETTER, THE 1 yr subscription: Kiplinger Calif 73.00 73.00
109133 07/27/2006 003726 LIFE ASSIST INC Paramedic Medical Supplies 4,353.75 4,353.75
109134 07/27/2006 004697 LOWES Res Impr Prgm: Reilly, Jeffrey & 2,352.81 2,352.81
109135 07/27/2006 010152 L YUBOMIRSKY, SHIRL Y Refund: level 3 swim lessonslShani 40.00
Refund: level 4/5 swim lessons/Maya 40.00
Refund: level 4/5 swim lessons/Danielle 40.00 120.00
109136 07/27/2006 004080 MARTEL ELECTRONICS INC 2 portable recorders:PW Depts 1,018.86 1,018.86
109137 07/27/2006 010201 MARTINEZ, FABIAN refund:security depositlCRC 400.00 400.00
109138 07/27/2006 003796 MEDIEVAL TIMES DINNER- '06 Summer Day Camp Excursion 7/13 2,548.00 2,548.00
TOURN.
109139 07/27/2006 006571 MELODY'S AD WORKS Jul Hot Summer Nights Campaign Svcs 4,500.00
reimb expenses: E.S.G. Weekend 310.50 4,810.50
109140 07/27/2006 007210 MIDORI GARDENS Jun Idscp maint:Neighborhood Prks 49,931.61 49,931.61
Page:6
apChklst Final Check List Page: 7
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109141 07/27/2006 008091 MILLMORE'S WAA CREW City vehicle detailing svcs:B&S Dept 90.00
City vehicle detailing svcs:B&S Dept 85.00
City vehicle detailing svcs:PVV Depts 75.00 250.00
109142 07/27/2006 001384 MINUTEMAN PRESS mailing envelopes for TCSD Fac's 1,212.24
business cards:EJ/EG/SE/blank Fire PlY 173.48
business cards:B.Barnett 43.37 1,429.09
109143 07/27/2006 004020 MISSION INN FOUNDATION Deposit:MPSC Senior Excursion 12/12 125.00 125.00
109144 07/27/2006 001892 MOBILE MODULAR Jul modular bldg rental:Fire Stn 92 832.40 832.40
109145 07/27/2006 004173 MONSTERTRAK 10 job listings/internet ads for H.R. 2,430.00 2,430.00
109146 07/27/2006 005872 MUNICIPAL INFO SYS ASSN OF M.I.S.A.C. annual mbrshp: T.Hafeli 200.00
CAL
M.I.S.A.C. annual mbrshp: J.Ross 200.00
M.I.S.A.C. annual mbrshp: J. DeGange 200.00 600.00
109147 07/27/2006 006087 NATURE WATCH art cart supplies:'06 SMART Prgm 62.52 62.52
109148 07/27/2006 004512 NINYO & MOORE Jun geotech testing/inspec:79S medians 2,727.50
May geotech testlinspect:R.C. medians 476.00 3,203.50
109149 07/27/2006 009337 NOLTE ASSOCIATES INC 5/12-6/8106 dsgn svc:bridge fencing prjt 6.41 6.41
109150 07/27/2006 006140 NORTH JEFFERSON BUSINESS Jul-Sep bus.prk assn dues:FV.l115 xx20 447.00
Jul-Sep bus.prk assn dues:F.V.l115 xx17 329.00 776.00
109151 07/27/2006 009976 OC WEEKLY LP Display ad:Theater 5/18/06 302.00 302.00
109152 07/27/2006 006721 OFFICEMAX - A BOISE COMPANY office supplies: Code Enf 30.60 30.60
109153 07/27/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 250.00
City Vehicle Repair/Maint SVcs 214.92
City Vehicle Repair/Maint SVcs 66.60 531.52
109154 07/27/2006 007959 ONEIL SOFTWARE INC renewal license fees through July '07 647.50 647.50
109155 07/27/2006 001171 ORIENTAL TRADING COMPANY recreation supplies:SMART Art Cart 438.43
INC
recreation supplies:MovieslPark 378.92
recreation supplies:TCSD 308.63
recreation supplies:C. Museum 134.90
recreation supplies:SMART Art Cart 119.40 1,380.28
Page:?
apChklst Final Check List Page: 8
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109156 07/27/2006 003955 PANE CONSULTING SERVICE promotional items:lnt'1 Art Exhibition 2,317.71 2,317.71
(PCS)
109157 07/27/2006 001320 PELLETIER, JULIE reimb:Teen Camp Excursion 7/18/06 97.50 97.50
109158 07/27/2006 001958 PERS LONG TERM CARE PERS long Term Care Payment 288.55 288.55
PROGRAM
109159 07/27/2006 000249 PETTY CASH Petty Cash Reimbursement 620.12
Petty Cash Reimbursement 72.62 692.74
109160 07/27/2006 000253 POSTMASTER Express Mail & Postal Svcs 75.15 75.15
109161 07/27/2006 002185 POSTMASTER-TEMECULA mail permit #5 renewal:Central Svcs 160.00 160.00
109162 07/27/2006 003493 PRO-CRAFT Res ImplY Prgm: Sepulveda, larry 399.00 399.00
109163 07/27/2006 005075 PRUDENTIAL OVERALL SUPPLY Jun uniform/fir mat/tvv1 rentals:City Fac 1,356.00 1,356.00
109164 07/27/2006 004029 R J M DESIGN GROUP INC Jun prof svcs:Redhawk Parks ImplY 6,494.91 6,494.91
109165 07/27/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 28,939.89
Jul 01-08-92010-0 P.B. Sports Cmplx 7,309.29
Jul 01-23-01075-1 Crowne Hill Dr 897.15
water meters: Fire stn 84 447.09
Jul 01-04-10033-2 Marg. Rd 290.09
Jul 01-08-00203-0 Deer Hollow Wy 67.19 37,950.70
109166 07/27/2006 010202 RANCHO PUEBLO #1, LLC refund:overpmt/31560 Rancho Pueblo 81.61 81.61
109167 07/27/2006 003742 REHAB FINANCIAL Jun RDA loan Svcs 1,350.00
CORPORATION
RDA loan svcs:long Ridge Dr 50.00 1,400.00
109168 07/27/2006 002110 RENTAL SERVICE equipment rental:PW Maint Div 153.01 153.01
CORPORATION
109169 07/27/2006 004498 REPUBLIC ELECTRIC Jun extra on-call traffic signal maint 462.31 462.31
109170 07/27/2006 000353 RIVERSIDE CO AUDITOR FY 06/07 LAFCO allocation cost 4,788.21 4,788.21
109171 07/27/2006 000418 RIVERSIDE CO CLERK & Res ImplY Prgm:Villanueva 11.00 11.00
RECORDER
Page:8
apChklst Final Check List Page: 9
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109172 07/27/2006 000406 RIVERSIDE CO SHERIFFS DEPT 3/2106-3/29/06:lawenforcement 1,212,950.19
212/06-3/1/06:lawenforcement 1,188,865.62 2,401,815.81
109173 07/27/2006 001365 RIVERSIDE COUNTY OF renew permit:Sam Hicks Park 98.00 98.00
109174 07/27/2006 003587 RIZZO CONSTRUCTION INC install prk lot lights:Mclaughlin Bldg 1,130.00 1,130.00
109175 07/27/2006 001097 ROADLlNE PRODUCTS INC parts for PW Maint stencil truck 594.29 594.29
109176 07/27/2006 000271 ROBERT BEIN WM FROST & May svcs:I-15/79S Ult. Intrchng 5,492.19 5,492.19
ASSOC
109177 07/27/2006 010200 RUIZ, YVONNE refund Toddler Swim lessons 26.50 26.50
109178 07/27/2006 000277 S & S ARTS & CRAFTS INC recreation supplies:SMART Art Cart 223.20
recreation supplies:SMART Art Cart 104.57
recreation supplies:Summer Day Camp 101.27
recreation suppliesTeen Prgm 16.15 445.19
109179 07/27/2006 009871 S PARKER ENGINEERING INC prgs pmt #1 :Citywide concrete repairs 97,411.50
ret w/h pmt #1 :Citywide concrete repairs -9,741.15 87,670.35
109180 07/27/2006 004598 S T KARCHITECTURE INC Jun dsgn svcs:Wolf Creek Fire Stn 4,970.00
Jun dsgn svcs:Wolf Creek Fire Stn 3,727.50 8,697.50
109181 07/27/2006 009196 SACRAMENTO THEATRICAL stage supplies Theater 327.06 327.06
LIGHTING
109182 07/27/2006 009740 SAENZ, ANNETTE refund:level 2 Swim lessons 40.00
refund:level 4/5 Swim lessons 40.00 80.00
109183 07/27/2006 008693 SALAZAR, DONALD (SWD 000053) Support Payment 283.50 283.50
109184 07/27/2006 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00
109185 07/27/2006 000278 SAN DIEGO UNION TRIBUNE Jun recruitment ads:PW/I.S.fTCSD 1,358.50 1,358.50
109186 07/27/2006 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50
109187 07/27/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment lO File # 2005033893 150.00 150.00
Page:9
apChklst Final Check List Page: 10
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109188 07/27/2006 004609 SHREDFORCE INC Jun doc.shredding svcs:CRC 22.50 22.50
109189 07/27/2006 000751 SKILLPATH INC Mult Prjts Sem:J.DeGange 9/5/06 199.00
Mult Prjts Sem:T.Hafeli 9/5/06 199.00 398.00
109190 07/27/2006 000645 SMART & FINAL INC event supplies:4th of July 330.40
recreation supplies:MPSC 143.87
recreation supplies:MPSC 104.63
event supplies:4th of July xx384418 B 16.18
event supplies:4th of July xx136904 B 16.18 611.26
109191 07/27/2006 003477 SMITH, BARBARA reimb:4th of July supplies/Recycle Prgm 90.19 90.19
109192 07/27/2006 000537 SO CALIF EDISON Jul 2-23-365-5992 Fire Stn 92 929.97
Jul 2-21-981-4720 Hwy 79 70.25
JuI2-28-366-3128 Serafina Ped 41.35 1,041.57
109193 07/27/2006 001212 SO CALIF GAS COMPANY Jul 095-167-7907-2 Fire Stn 84 118.94 118.94
109194 07/27/2006 005244 SOCIETY FOR HUMAN 10/1/06-9130/07 mbrshp:B.Gutierrez 160.00 160.00
RESOURCE MGM
109195 07/27/2006 010195 SOLANA CTR FOR Recycled copy paper:Central Services 3,420.10
ENVIRONMENTAL
Paper supplies:Central Services 2,492.78 5,912.88
109196 07/27/2006 000519 SOUTH COUNTY PEST CONTROL Jun pest control svcs:Parks 351.00
INC
Jun pest control svcs:City Fac's 332.00 683.00
109197 07/27/2006 007851 SOUTH COAST HEATING & AIR replace compressor:City Hall 2,333.00
equip maintCity Hall 141.15
HVAC repair/maint:Wed Chpl 70.00 2,544.15
109198 07/27/2006 005786 SPRINT 5/15/06-6/14/06 cell phn usage/equip 7,262.46
Jul Acct level Chrgs 31.54 7,294.00
109199 07/27/2006 000293 STADIUM PIZZA refreshments:TCSD mtg 7120 59.14
refreshments:Skater's Challenge 19.99 79.13
109200 07/27/2006 009805 STANDARD PACIFIC OF INLAND refund :overpaym entfTR30264-5/11/14 7.44 7.44
109201 07/27/2006 006145 STENO SOLUTIONS Jun transcription srvcs:Police 777.28 777.28
TRANSCRIPTION
109202 07/27/2006 009662 STERNBERG VINTAGE LIGHTING replacement light pole:Meadows Park 961.00 961.00
Page:10
apChklst Final Check List Page: 11
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109203 07/27/2006 007698 SWANK MOTIONS PICTURES, "Wallace & Gromit"rental:MovieslPark 271.00 271.00
INC.
109204 07/27/2006 000305 TARGET BANK BUS CARD SRVCS recreation supplies:MPSC 498.51
recreation supplies:C. Museum 39.48 537.99
109205 07/27/2006 008292 TEMECULA DIESEL AUTO & repairs to PW Maint Div patch truck 568.04 568.04
TRUCK
109206 07/27/2006 000168 TEMECULA FLOWER CORRAL flower arrangements Theater Events 355.41
sunshine fund 264.85 620.26
109207 07/27/2006 009150 TEMECULA GLASS & MIRROR Res ImplY Prgm: Alder, Craig 450.21 450.21
INC
109208 07/27/2006 000307 TEMECULA TROPHY COMPANY recogn award: J. Walker 109.69 109.69
109209 07/27/2006 010046 TEMECULA VALLEY April '06 Bus. ImplY District Asmnts 41,307.29 41,307.29
CONVENTION &
109210 07/27/2006 004274 TEMECULA VALLEY SECURITY locksmith svcs:K.Hintergardt Park 197.00
CENTR
locksmith seIYices:Aquatics 82.17 279.17
109211 07/27/2006 003140 TEMECULA VALLEY TCSD Instructor Earnings 436.80 436.80
TAEKWONDO
109212 07/27/2006 008296 TEMECULA VALLEY YOUNG FY 05/06 Comm Svc Funding Award 2,500.00 2,500.00
MARINES
109213 07/27/2006 004145 TIME WARNER TELECOM Jul City phones general usage 1,048.67 1,048.67
109214 07/27/2006 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 112.00 112.00
109215 07/27/2006 009436 TOOKE, MICHAEL Reimb:ICC Certification 150.00 150.00
109216 07/27/2006 009501 U T P GROUP INC Theater Technican PPE 6/30 Taylor 603.62 603.62
109217 07/27/2006 007766 UNDERGROUND SERVICE ALERT Jul undrgrnd svcs alert tickets:PW 172.80 172.80
109218 07/27/2006 008517 UNITED SITE SERVICES OF 6/22-7/19 fence rental:Main St Bridge 26.40 26.40
CA,INC
109219 07/27/2006 010169 UNITED TOWING SERVICE, INC towing services:PWMaint 7/19/06 156.25 156.25
Page:11
apChklst Final Check List Page: 12
0712712006 4:12:18PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
109220 07/27/2006 000325 UNITED WAY United Way Charities Payment 222.15 222.15
109221 07/27/2006 004368 VAll COOPER & ASSOCIATES Jun inspection svcs:Roripaugh Ranch 28,397.22
INC
Jun inspection svcs:Verizon Rber Optics 18,617.02 47,014.24
109222 07/27/2006 006807 VANIR CONSTRUCTION May constr mgmt:W.C.Fire Stn 7,667.96
May prof svcs:Roripaugh Fire Stn 7,640.77 15,308.73
109223 07/27/2006 004261 VERIZON Jul xxx-0074 general usage 255.75
Jul xxx-3564 alarm 56.96
Jul xxx-0714 PD Mall alarm 30.45
Jul xxx-5275 PD DSl 29.43
Jul xxx-3984 M.Naggar 28.47
Jul xxx-9074 Mclaughlin bldg 28.46
Jul xxx-6084 general usage 27.45 456.97
109224 07/27/2006 004789 VERIZON ONLINE Internet svcs/PD DSl xx2527 42.89 42.89
109225 07/27/2006 009101 VISION ONE INC Jun ShoWare ticket sales Theater 1,673.80 1,673.80
109226 07/27/2006 003730 WEST COAST ARBORISTS INC 5/16-31/06 tree trimming svcs:Parks 13,250.50
5/16-31/06 tree trimming svcs:Slopes 3,960.00
6/1-15/06 tree trimming svcs:Slopes 2,670.00 19,880.50
109227 07/27/2006 007949 WESTERN ARTS ALLIANCE '06 annual conf: B.Beers 9/5-9/06 345.00 345.00
109228 07/27/2006 002841 WESTERN OILFIELDS SUPPLY Irrigation rental:4th of July Fireworks 4,792.38 4,792.38
CO, DBA: RAIN FOR RENT
109229 07/27/2006 009378 WESTERN RIM CONTRACTORS Jun prgs pmt #9:Field Oper.Ctr 1,881.00
INC
ret w/h pmt #9:Field Oper.Ctr -188.10 1,692.90
109230 07/27/2006 000621 WESTERN RIVERSIDE COUNCIL FY 06/07 Agency membership dues 17,250.00 17,250.00
OF
109231 07/27/2006 002109 WHITE CAP INDUSTRIES INC maint supplies:PW Maint Div 1,988.52
maint supplies:PW Maint Div 98.49 2,087.01
109232 07/27/2006 000341 WILLDAN ASSOCIATES INC Jun plan check svcs: Fire Prey 9,060.10 9,060.10
109233 07/27/2006 005195 ZOOLOGICAL SOCIETY SMART Excursion: 8/2106 757.50 757.50
Grand total for UNION BANK OF CALIFORNIA: 5,910,930.59
Page:12
apChklst
0712712006
4:12:18PM
Final Check List
CITY OF TEMECULA
Page: 13
184
checks in this report.
Grand Total All Checks:
5,910,930.59
Page:13
ITEM NO.4
Approvals
City Attorney
Director of Finance
City Manager
~
IJR
Lf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
August8,2006
SUBJECT:
City Treasurer's Report as of June 30, 2006
PREPARED BY:
Karin A. Grance, Revenue Manager
Shannon Buckley, Accountant
RECOMMENDATION:
June 30, 2006.
That the City Council receive and file the City Treasurer's Report as of
BACKGROUND: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Adequate funds will be available to meet budgeted and actual expenditures of the City for the next
six months. Current market values are derived from the Local Agency Investment Fund (LA IF)
reports, Union Bank of California trust and custody statements, and from USBank trust statements.
Attached is the City Treasurer's Report that provides this information.
The City's investment portfolio is in compliance with the statement of investment policy and
Government Code Sections 53601 and 53635 as of June 30, 2006.
FISCAL IMPACT:
None.
ATTACHMENTS:
City Treasurer's Report as of June 30, 2006.
Reporting period 06/01/2006-0613012006
RunDate:07!28!2006-12:04
City of Temecula, California
Portfolio Management
Portfolio Summary
June 30, 2006
City ctTemecula
43200 6usirtess Park [);rve
PO 60x9033
Temecula, CA, 92590
(951)694-6430
Portfolio TEME
CP
PM (PRF_PM1)SyrnRer<5.4U02a
ReportVer.5.00
City of Temecula, California
Portfolio Management Page 2
Portfolio Details - Investments
June 30, 2006
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Managed Pool Accounts
SYSCFD 03-04-1 AD 03-04-1 First American Treasury 70,890.83 70,890.83 70,890.83 4.510 4.448 4.510
SYSCFD 03-04-2 AD 03-04-2 First American Treasury 16,016.75 16,016.75 16,016.75 4.510 4.448 4.510
SYSCFD 03-04-3 AD 03-04-3 First American Treasury 3,516.93 3,516.93 3,516.93 4.510 4.448 4.510
SYSCFD 03-04-5 AD 03-04-5 First American Treasury 09/01/2005 1,785.76 1,785.76 1,785.76 4.510 4.448 4.510
SYSCFD 01-2-1 CFD 01-2-1 First American Treasury 648,881.82 648,881.82 648,881.82 4.510 4.448 4.510
SYSCFD 01-2-2 CFD 01-2-2 First American Treasury 307,524.57 307,524.57 307,524.57 4.510 4.448 4.510
SYSCFD 01-2-3 CFD 01-2-3 First American Treasury 7,910.09 7,910.09 7,910.09 4.510 4.448 4.510
SYSCFD 01-2-4 CFD 01-2-4 First American Treasury 137,662.08 137,662.08 137,662.08 4.510 4.448 4.510
SYSCFD 01-2-5 CFD 01-2-5 First American Treasury 2,922,712.93 2,922,712.93 2,922,712.93 4.510 4.448 4.510
SYSCFD 01-2-9 CFD 01-2-9 First American Treasury 03/29/2006 610,326.28 610,326.28 610,326.28 4.510 4.448 4.510
SYSCFD 03-02-10 CFD 03-02-10 First American Treasury 04/01/2006 682,781.27 682,781.27 682,781.27 4.510 4.448 4.510
SYSCFD 03-02-11 CFD 03-02-11 First American Treasury 04/01/2006 37,889,306.74 37,889,306.74 37,889,306.74 4.510 4.448 4.510
SYSCFD 03-02-13 CFD 03-02-13 First American Treasury 04/01/2006 73,814.91 73,814.91 73,814.91 4.510 4.448 4.510
SYSCFD 03-02-3 CFD 03-02-3 First American Treasury 04/01/2006 946,114.45 946,114.45 946,114.45 4.510 4.448 4.510
SYSCFD 03-02-6 CFD 03-02-6 First American Treasury 04/01/2006 3,518,181.11 3,518,181.11 3,518,181.11 4.510 4.448 4.510
SYSCFD 03-02-7 CFD 03-02-7 First American Treasury 04/01/2006 1,067,056.60 1,067,056.60 1,067,056.60 4.510 4.448 4.510
SYSCFD 03-02-9 CFD 03-02-9 First American Treasury 04/01/2006 1,386,663.50 1,386,663.50 1,386,663.50 4.510 4.448 4.510
SYSCFD 03-1-1 CFD 03-03-1 First American Treasury 1,356,562.06 1,356,562.06 1,356,562.06 4.510 4.448 4.510
SYSCFD 03-03-11 CFD 03-03-11 First American Treasury 10,423.60 10,423.60 10,423.60 4.510 4.448 4.510
SYSCFD 03-03-2 CFD 03-03-2 First American Treasury 138.32 138.32 138.32 4.510 4.448 4.510
SYSCFD 03-03-3 CFD 03-03-3 First American Treasury 0.00 0.00 0.00 4.830 4.764 4.830
SYSCFD 03-03-6 CFD 03-03-6 First American Treasury 0.02 0.02 0.02 4.510 4.448 4.510
SYSCFD 03-03-6 CFD 03-03-7 First American Treasury 5,830.30 5,830.30 5,830.30 4.150 4.093 4.150
SYSCFD 03-03-9 CFD 03-03-9 First American Treasury 3,092.46 3,092.46 3,092.46 4.510 4.448 4.510
SYSCFD 03-06-0 CFD 03-06-0 First American Treasury 01/01/2006 185,877.87 185,877.87 185,877.87 4.510 4.448 4.510
SYSCFD 03-06-1 CFD 03-06-1 First American Treasury 0.00 0.00 0.00 4.380 4.320 4.380
SYSCFD 03-06-2 CFD 03-06-2 First American Treasury 353,642.56 353,642.56 353,642.56 4.510 4.448 4.510
SYSCFD 03-06-3 CFD 03-06-3 First American Treasury 2,698.70 2,698.70 2,698. 70 4.510 4.448 4.510
SYSCFD 03-06-8 CFD 03-06-8 First American Treasury 05/01/2006 3,182.49 3,182.49 3,182.49 4.510 4.448 4.510
SYSCFD 03-1-1 CFD 03-1-1 First American Treasury 679,230.15 679,230.15 679,230.15 4.510 4.448 4.510
SYSCFD 03-1-10 CFD 03-1-10 First American Treasury 965.86 965.86 965.86 4.510 4.448 4.510
SYSCFD 03-1-13 CFD 03-1-13 First American Treasury 08/31/2005 0.00 0.00 0.00 3.860 3.807 3.860
SYSCFD 03-1-16 CFD 03-1-16 First American Treasury 08/31/2005 229,259.76 229,259.76 229,259.76 4.510 4.448 4.510
SYSCFD 03-1-2 CFD 03-1-2 First American Treasury 83.86 83.86 83.86 4.510 4.448 4.510
SYSCFD 03-1-21 CFD 03-1-21 First American Treasury 08/31/2005 13,903.74 13,903.74 13,903.74 4.510 4.448 4.510
SYSCFD 03-1-3 CFD 03-1-3 First American Treasury 0.00 0.00 0.00 3.340 3.294 3.340
SYSCFD 03-1-5 CFD 03-1-5 First American Treasury 4.32 4.32 4.32 4.510 4.448 4.510
SYSCFD 03-1-6 CFD 03-1-6 First American Treasury 944.29 944.29 944.29 4.510 4.448 4.510
Portfolio TEME
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ReportVer.5.00
City of Temecula, California
Portfolio Management Page 3
Portfolio Details - Investments
June 30, 2006
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Managed Pool Accounts
SYSCFD 03-1-8 CFD 03-1-8 First American Treasury 530,306.56 530,306.56 530,306.56 4.510 4.448 4.510
SYSCFD 88-12-1 CFD 88-12-1 First American Treasury 332.35 332.35 332.35 4.510 4.448 4.510
SYSCFD 88-12-3 CFD 88-12-3 First American Treasury 14,971.16 14,971.16 14,971.16 4.510 4.448 4.510
SYSCFD 88-12-5 CFD 88-12-5 First American Treasury 2.18 2.18 2.18 4.510 4.448 4.510
SYSRDA TABS-1 RDA TABs-1 First American Treasury 151.78 151.78 151.78 4.510 4.448 4.510
SYSRDA TABS-3 RDA TABs-3 First American Treasury 0.00 0.00 0.00 2.300 2.268 2.300
SYSTCSD COPS-1 TCSD COPs-1 First American Treasury 186.56 186.56 186.56 4.510 4.448 4.510
SYSTCSD COPS-2 TCSD COPs-2 First American Treasury 0.00 0.00 0.00 4.090 4.034 4.090
SYSRDA TABS-2 RDA TABs-2 MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190
---
Subtotal and Average 53,443,247.41 53,682,938.57 53,682,938.57 53,682,938.57 4.448 4.510
Letter of Credit
09652213 02006 Citibank, N.A. 04/07/2006 1.00 1.00 1.00 0.000 0.000
CA 2006-012 02005 Ohio Savings Bank 04/05/2006 1.00 1.00 1.00 0.000 0.000
---
Subtotal and Average 2.00 2.00 2.00 2.00 0.000 0.000
Local Agency Investment Funds
SYSCFD 03-03-10 CFD 03-03-10 CA Local Agency Investment Fun 3,828,208.54 3,828,208.54 3,828,208.54 4.700 4.636 4.700
SYSCFD 03-03-12 CFD 03-03-12 CA Local Agency Investment Fun 10,459,325.30 10,459,325.30 10,459,325.30 4.700 4.636 4.700
SYSCFD 03-03-4 CFD 03-03-4 CA Local Agency Investment Fun 0.00 0.00 0.00 4.700 4.636 4.700
SYSCFD 03-03-8 CFD 03-03-8 CA Local Agency Investment Fun 4,034,302.20 4,034,302.20 4,034,302.20 4.700 4.636 4.700
SYSCFD 03-06-4 CFD 03-06-4 CA Local Agency Investment Fun 02/08/2006 1,756,634.24 1,756,634.24 1,756,634.24 4.700 4.636 4.700
SYSCFD 03-1-11 CFD 03-1-11 CA Local Agency Investment Fun 1,340,510.66 1,340,510.66 1,340,510.66 4.700 4.636 4.700
SYSCFD 03-1-22 CFD 03-1-22 CA Local Agency Investment Fun 02/08/2006 3,395,404.06 3,395,404.06 3,395,404.06 4.700 4.636 4.700
SYSCFD 03-1-7 CFD 03-1-7 CA Local Agency Investment Fun 630,954.13 630,954.13 630,954.13 4.700 4.636 4.700
SYSCFD 03-1-9 CFD 03-1-9 CA Local Agency Investment Fun 6,222.87 6,222.87 6,222.87 4.700 4.636 4.700
SYSCITY CITY CA Local Agency Investment Fun 34,807,482.78 34,723,682.37 34,807,482.78 4.700 4.636 4.700
SYSRDA RDA CA Local Agency Investment Fun 2,035,322.30 2,030,422.18 2,035,322.30 4.700 4.636 4.700
SYSRDA TABS-4 RDA TABs-4 CA Local Agency Investment Fun 0.00 0.00 0.00 2.967 2.926 2.967
SYSTCSD TCSD CA Local Agency Investment Fun 10,627,890.43 10,602,303.36 10,627,890.43 4.700 4.636 4.700
SYSTCSD COPS-3 TCSD COPs-3 CA Local Agency Investment Fun 0.00 0.00 0.00 3.324 3.278 3.324
---
Subtotal and Average 74,085,326.74 72,922,257.51 72,807,969.91 72,922,257.51 4.636 4.700
Federal Agency Callable Securities
31339YGQ9 01004 Federal Home Loan Bank 07/24/2003 1,000,000.00 998,130.00 1,000,000.00 2.250 2.219 2.250 23 07/24/2006
31339YXP2 01005 Federal Home Loan Bank 08/14/2003 2,000,000.00 1,993,120.00 2,000,000.00 2.500 2.466 2.500 44 08/14/2006
3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 2,945,171.50 3,050,000.00 3.100 3.058 3.101 556 01/08/2008
3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,858,437.90 2,965,000.00 3.000 2.960 3.001 555 01/07/2008
Portfolio TEME
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City of Temecula, California
Portfolio Management Page 4
Portfolio Details - Investments
June 30, 2006
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Federal Agency Callable Securities
3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,894,070.00 3,000,000.00 3.000 2.960 3.001 545 12/2812007
3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 964,690.00 1,000,000.00 3.000 2.960 3.001 545 12/2812007
3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 965,940.00 1,000,000.00 3.150 3.108 3.151 562 01/1412008
3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,929,380.00 2,000,000.00 3.070 3.029 3.071 563 01/1512008
3133X5K49 01020 Federal Home Loan Bank 04/16/2004 1,000,000.00 965,310.00 1,000,000.00 3.125 3.083 3.126 564 01/1612008
3133XSQF8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,926,260.00 2,000,000.00 3.000 2.960 3.001 570 01/22/2008
3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,941,260.00 2,000,000.00 3.520 3.473 3.521 578 01/30/2008
3133XAY84 01026 Federal Home Loan Bank 03/23/2005 1,000,000.00 988,130.00 999,750.00 3.850 3.810 3.863 265 03123/2007
3133XAZ91 01027 Federal Home Loan Bank 03/28/2005 1,000,000.00 991,560.00 999,750.00 3.785 3.750 3.802 180 12/28/2006
3133XBY66 01029 Federal Home Loan Bank 06/15/2005 2,000,000.00 1,986,880.00 2,000,000.00 4.000 3.781 3.833 167 12/15/2006
3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,956,890.00 2,997,360.00 4.250 4.238 4.296 403 08108/2007
3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 947,404.80 960,000.00 4.380 4.320 4.380 440 09/14/2007
3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,953,140.00 2,998,125.00 4.375 4.347 4.407 538 12/21/2007
3133XD3Q2 01035 Federal Home Loan Bank 09/28/2005 620,000.00 611,865.60 620,000.00 4.400 4.340 4.400 464 09/28/2007
3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,965,000.00 2,000,000.00 4.500 4.438 4.500 636 03128/2008
3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 982,190.00 1,000,000.00 4.230 4.174 4.232 545 12/28/2007
3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 986,880.00 1,000,000.00 4.140 4.086 4.143 363 06129/2007
3133XDA84 01040 Federal Home Loan Bank 09/28/2005 1,000,000.00 993,130.00 1,000,000.00 4.200 4.147 4.204 180 12/28/2006
3133XDAB7 01041 Federal Home Loan Bank 09/29/2005 1,000,000.00 993,130.00 1,000,000.00 4.120 4.068 4.124 181 12/29/2006
3133XDBWO 01043 Federal Home Loan Bank 10/12/2005 1,000,000.00 996,250.00 1,000,000.00 4.050 3.995 4.050 103 10/12/2006
3133XDBQ3 01044 Federal Home Loan Bank 10/14/2005 1,000,000.00 993,440.00 1,000,000.00 4.250 4.196 4.255 193 01/10/2007
3133XDBX8 01045 Federal Home Loan Bank 10/12/2005 1,000,000.00 992,810.00 1,000,000.00 4.150 4.097 4.154 195 01/12/2007
3133XDB67 01046 Federal Home Loan Bank 10/12/2005 1,000,000.00 989,380.00 999,375.00 4.150 4.136 4.193 285 04/12/2007
3133XDKQ3 01047 Federal Home Loan Bank 11/09/2005 1,000,000.00 993,750.00 1,000,000.00 4.500 4.443 4.505 223 02/09/2007
3133XEG94 01053 Federal Home Loan Bank 01/26/2006 1,000,000.00 995,630.00 1,000,000.00 4.750 4.685 4.750 209 01/26/2007
3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 981,550.00 998,000.00 3.750 3.784 3.837 398 08103/2007
3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 981,410.00 1,000,000.00 4.050 3.993 4.048 450 09/24/2007
3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 985,940.00 1,000,000.00 4.375 4.315 4.375 474 10/18/2007
3136F6M63 01028 Federal National Mtg Assn 04/05/2005 1,000,000.00 988,440.00 1,000,000.00 4.000 3.945 4.000 278 04/05/2007
---
Subtotal and Average 49,554,026.67 48,595,000.00 47,636,569.80 48,587,360.00 3.639 3.690 408
Treasury Coupon Securities
912795XN6 02003 U.S. Treasury 03/14/2006 99,000.00 97,385.06 97,385.06 4.350 8.747 8.869 26 07/27/2006
912828DT4 02004 U.S. Treasury 03/14/2006 725,000.00 711,635.66 711,635.66 3.750 4.586 4.650 684 05115/2008
---
Subtotal and Average 809,020.72 824,000.00 809,020.72 809,020.72 5.087 5.158 605
Run Dale 07/28/2006-1204
Portfolio TEME
CP
PM (PRF _PM2) SymRepl 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
June 30, 2006
Page 5
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Federal Agency Bullet Securities
31331 SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 985,000.00 1,000,000.00 3.820 3.768 3.820 335 06/0112007
31331 S5Y5 01037 Federal Farm Credit Bank 09/16/2005 1,000,000.00 988,130.00 1,000,000.00 4.000 3.947 4.002 289 04/1612007
3133XE2VO 01050 Federal Home Loan Bank 12/29/2005 1,000,000.00 997,810.00 1,000,000.00 4.625 4.562 4.625 90 09/2912006
3133XE7H6 01052 Federal Home Loan Bank 12/29/2005 1,000,000.00 997,810.00 1,000,000.00 4.650 4.586 4.650 90 09/2912006
---
Subtotal and Average 4,966,666.67 4,000,000.00 3,968,750.00 4,000,000.00 4.216 4.274 201
Investment Contracts
SYSCFD 03-1-4 CFD 03-1-4 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,923 08/3112033
SYSCFD 03-03-5 CFD 03-03-5 IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 10,288 08131/2034
SYSCFD 88-12-2 CFD 88-12-2 IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.499 5.575 4,080 09/01/2017
SYSCFD 88-12-4 CFD 88-12-4 IXIS Funding Corp 07/24/1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 4,080 09/01/2017
---
Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.288 4.348 7,737
Total and Average 190,430,841.46 185,090,686.84 183,971,739.76 185,068,067.56 4.303 4.363 327
Run Dale 07/28/2006-1204
Portfolio TEME
CP
PM (PRF _PM2) SymRepl 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - Cash
June 30, 2006
Page 6
Average Purchase Stated YTM YTM Days to
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity
Retention Escrow Account
SYSRJ NOBLE RJ NOBLE Bank of Sacramento 0.00 0.00 0.00 1.250 1.233 1.250
SYSBARNHART1 BARNHART 1 California Bank & Trust 653,774.81 653,774.81 653,774.81 3.200 3.156 3.200
SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 08/04/2005 665,518.67 665,518.67 665,518.67 1.250 1.233 1.250
SYSRIV CONST 1 RIV CONST 1 Community National Bank 0.00 0.00 0.00 3.000 2.959 3.000
Passbook/Checking Accounts
SYSPetty Cash Petty Cash City of Temecula 07/01/2005 2,210.00 2,210.00 2,210.00 0.000 0.000
SYSFlex Ck Acct Flex Ck Acct Union Bank of California 07/01/2005 6,509.92 6,509.92 6,509.92 0.000 0.000
SYSGen Ck Acct Gen CkAcct Union Bank of California 07/01/2005 1,627,677.57 1,627,677.57 1,627,677.57 0.000 0.000
OLD TOWN CK ACC OLD TO\NN CHK Union Bank of California 01/01/2006 37,013.12 37,013.12 37,013.12 0.000 0.000
SYSParking Ck Parking Ck Union Bank of California 07/01/2005 13,252.01 13,252.01 13,252.01 0.000 0.000
Average Balance 0.00
Total Cash and Investmentss 190,430,841.46 188,096,642.94 186,977,695.86 188,074,023.66 4.303 4.363 327
Run Dale 07/28/2006-1204
Portfolio TEME
CP
PM (PRF _PM2) SymRepl 6.41.202a
Cash and Investments Report
CITY OF TEMECULA
Through June 2006
001 GENERAL FUND
100 STATE GAS TAX FUND
101 STATE TRANSPORTATION FUND
120 DEVELOPMENT IMP ACT FUND
140 COMMUNITY DEV BLOCK GRANT
150 AB 2766 FUND
160 AB 3229 COPS
165 RDA DEV LOW/MOD 20% SET ASIDE
170 MEASURE A FUND
190 TEMECULA COMMUNITY SERVICES DISTRICT
192 TCSD SERVICE LEVEL "B" STREET LIGHTS
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
210 CAPITAL IMPROVEMENT PROJECT FUND
261 CFD 88-12 ADMIN EXPENSE FUND
271 CFD 01-2 HARVESTON IMPROVEMENT FUND
273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND
274 AD 03-4 JOHN WARNER IMPROVEMENT FUND
275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND
276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND
277 CRD - RORIP AUGH
280 REDEVELOPMENT AGENCY - CIP PROJECT
300 INSURANCE FUND
310 VEHICLES FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
380 RDA 2002 TABS DEBT SERVICE
390 TCSD 2001 COP'S DEBT SERVICE
460 CFD 88-12 DEBT SERVICE FUND
470 CFD 01-2 HARVESTON DEBT SERVICE FUND
471 CFD 98-1 WINCHESTER HILLS DEBT SERVICE
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND
474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE
475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
477 CRD - RORIPAUGH
Grand Total:
Fund Total
48,236,842.93
0.00
294,818.19
10,759,127.23
0.00
290,358.07
0.00
11,260,647.28
5,513,154.06
854,717.15
197,286.37
276,995.20
13,874.58
30,620.72
366,936.52
0.00
15,215,390.11
87,334.16
2,935,644.68
5,919,212.17
71,418.88
18,341,182.40
1,759,332.94
40,343,026.84
899,335.58
1,270,807.72
585,595.76
585,031.43
202,619.39
55,617.67
3,047,848. 80
6,962.83
4,203,274.37
1,763,522.78
0.00
1,903,591.39
209,009.13
3,629,864.07
565,854.71
5,280,839.75
$ 186,977,695.86
ITEM NO.5
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
August08,2006
SUBJECT:
City Vehicle Maintenance Agreements
PREPARED BY:
Gus Papagolos, Fiscal Services Manager
RECOMMENDATION:
That the City Council:
1. Approve the Maintenance Agreement with Old Town Tire & Service LLC, for an
annual amount of $50,000, plus a 10% contingency, and authorize the City Manager to
execute the agreement;
2. Approve the Maintenance Agreement with Temecula Auto Repair & Radiator, Inc.,
for an annual amount of $75,000, plus a 10% contingency, and authorize the City Manager
to execute the agreement.
BACKGROUND: Vehicle maintenance agreements are needed to service the City's
growing fleet so that appropriate preventive and operational maintenance services are available at
all times. This automotive repair service will include vehicle maintenance, repair and tire service for
City trucks, sedans, vans, and heavy equipment on an as needed basis. These service agreements
are necessary once the new vehicle manufacture's warranty services expire, or for any services that
may not be covered under the manufacture's warranty.
On February 16, 2005, the City invited proposals for vehicle maintenance and tire services from
local automotive repair businesses within reasonable proximity (two-mile radius) to City Hall. The
RFP was mailed to 20 businesses and a site visit meeting was held on March 7, 2005, at the City's
maintenance yard to review and discuss the City's fleet of vehicles. The RFP filing deadline was
March 21,2005, and the City received responses from Old Town Tire & Service LLC and Temecula
Auto Repair & Radiator, Inc. Both of these vendors meet the City's needs for scheduled preventive
maintenance at 4, 12, 24, and 36-month intervals. Also, both businesses have sufficient facility
space, equipment, and trained technicians to perform a wide variety of automotive maintenance and
repair functions as identified in the RFP. With these agreements in place, automotive repair
services will be available to the City for continuous use throughout the term of the agreement.
Staff is recommending an agreement with Old Town Tire & Service LLC, in the amount of $50,000,
plus a 10% contingency, and an agreement with Temecula Auto Repair & Radiator, Inc., in the
amount of $75,000, plus a 10% contingency. The agreement with Temecula Auto Repair &
Radiator, Inc. is recommended at an increased amount because their facility is able to perform a
wider variety of vehicular repairs and as such, they will probably receive more repair orders;
however, staff will order repair work from both businesses on an equal basis.
FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2006-07 Annual
Operating Budget in the various City Department line item budgets.
ATTACHMENTS:
Non-Exclusive Agreement Between The City of Temecula and Old
Town Tire & Service LLC for Vehicle Maintenance Services
Non-Exclusive Agreement Between the City of Temecula and
Temecula Auto Repair & Radiator, Inc. for Vehicle Maintenance
Services
FIN06-01
NON-EXCLUSIVE
AGREEMENT BETWEEN THE CITY OF TEMECULA
AND OLD TOWN TIRE & SERVICE LLC
FOR VEHICLE MAINTENANCE SERVICES
THIS AGREEMENT, is made and effective as of July 21,2006, between the City of
Temecula, a municipal corporation ("City") and Old Town Tire & Service LLC ("Vendor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 26,2006 and shall remain
and continue in effect from year to year unless either party notifies the other, in writing, within thirty
(30) days of the most recent invoice date to terminate this Agreement.
2. SERVICES. Vendor shall perform the vehicle maintenance services
described in the Scope of Work set forth in Exhibit A, attached hereto and incorporated herein as
though set forth in full for all vehicles presented by the City to the Vendor for service. Vendor shall
complete the work in accordance with the standards and the schedule of performance which is also
set forth in Exhibit A. Vendor understands this Agreement is non-exclusive and the City reserves the
right to procure similar services from other Vendors.
3. PERFORMANCE. Vendor shall at all times faithfully, competently and to the
best of its ability, experience, and talent, perform all tasks described herein. Vendor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Vendor hereunder in meeting its obligations under this
Agreement.
4. PAYMENT.
a. The City agrees to pay Vendor monthly, in accordance with the payment rates and
terms as stated in the cost estimate submitted to and authorized by City staff for each job approved.
This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) annually. The not
to exceed payment listed herein is an estimated expenditure and this Agreement does not
guarantee the Vendor this amount in contracted services and work.
b. Vendor shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Vendor shall be
compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Vendor at the time City's written authorization is given to Vendor for the performance
of said services. The City Manager may approve additional work not to exceed ten percent (1 0%) of
the amount of the Agreement. Any additional work in excess of this amount shall be approved by the
City Council.
c. Vendor shall submit invoices monthly for actual services performed detailing
the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted
between the first and fifteenth business day of each month, for services provided in the previous
month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-
disputed fees. If the City disputes any of Vendor's fees it shall give written notice to Vendor within
30 days of receipt of a invoice of any disputed fees set forth on the invoice.
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5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Vendor at least thirty (30) days
prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under
this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of
this Agreement such suspension or termination shall not make void or invalidate the remainder of
this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Vendor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Vendor will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF VENDOR.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Vendor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Vendor for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder
arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it
shall not be considered a default.
b. If the City Manager or his delegate determines that the Vendor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with
written notice of the default. The Vendor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Vendorfails
to cure its default within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and without prejudice
to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Vendor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the performance
of services under this Agreement. Vendor shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified and readily
accessible. Vendor shall provide free access to the representatives of City or its designees at
reasonable times to such books and records, shall give City the right to examine and audit said
books and records, shall permit City to make transcripts 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, computer files, surveys, and other documents prepared in the
course of providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Vendor. With respect to computer files, Vendor shall make available to the City,
upon reasonable written request by the City, the necessary computer software and hardware for
purposes of accessing, compiling, transferring and printing computer files.
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8. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect and
hold harmless the City, its officers, officials, employees and volunteers from and against anyand 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 Vendor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
9. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the Vendor, its
agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form:
No. CG 0001 11 85 or 88
(2) Insurance Services Office Business Auto Coverage form:
CA 00 01 0692 covering Automobile Liability code 1 (any auto). If the
Vendor owns no automobiles, a non-owned auto endorsement to the
General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance. Vendor is self-employed and has
opted out of workers compensation insurance per State law.
b. Minimum Limits of Insurance. Vendor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project 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) Workers Compensation as required by the State of California; Employers
Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Vendor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Vendor; products and completed
operations of the Vendor; premises owned, occupied or used by the
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Vendor; or automobiles owned, leased, hired or borrowed by the Vendor.
The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers, officials, employees or
volunteers.
(2) For any claims related to this project, the Vendor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Vendor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Vendor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Vendor shall furnish the City with original endorsements
effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms
provided by the City. All endorsements are to be received and approved by the City before work
commences. As an alternative to the City's forms, the Vendor's insurer may provide complete,
certified copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Vendor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Vendor shall
at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers,
employees or agents shall have control over the conduct of Vendor or any of Vendor's officers,
employees or agents, except as set forth in this Agreement. Vendor shall not at anytime or in any
manner represent that it or any of its officers, employees or agents are in any manner officers,
employees or agents of the City. Vendor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Vendor in connection with the
performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement,
City shall not pay salaries, wages, or other compensation to Vendor for performing services
hereunder for City. City shall not be liable for compensation or indemnification to Vendor for injury
or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Vendor shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way
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affect the performance of its service pursuant to this Agreement. The Vendor shall at all times
observe and comply with all such laws and regulations. The City, and its officers and employees,
shall not be liable at law or in equity occasioned byfailure of the Vendor to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Vendor in performance of this Agreement shall be
considered confidential and shall not be released byVendorwithout City's prior written authorization.
Vendor, its officers, employees, agents or subcontractors, shall not without written authorization
from the City Manager or unless requested by the City Attorney, voluntarily provide declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement or relating to any project or property located
within the City. Response to a subpoena or court order shall not be considered "voluntary" provided
Vendor gives City notice of such court order or subpoena.
b. Vendor shall promptly notify City should Vendor, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition,
request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work performed thereunder or
with respect to any project or property located within the City. City retains the right, but has no obli-
gation, to represent Vendor and/or be present at any deposition, hearing or similar proceeding.
Vendor agrees to cooperate fully with City and to provide City with the opportunity to review any
response to discovery requests provided by Vendor. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Vendor:
Old Town Tire & Service
28700 Front Street
Temecula, CA 92590
Attn: Karl Greene III
14. ASSIGNMENT. The Vendor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Vendors sole compensation shall be payment for actual
services and work performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Manager and the Vendor.
15. LICENSES. At all times during the term of this Agreement, Vendor
shall have in full force and effect, all licenses required of it by lawforthe performance of the services
described in this Agreement.
16. GOVERNING LAW. The City and Vendor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
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this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction
over the City of Temecula. In the event litigation over this Agreement is filed, the prevailing party in
the litigation shall be entitled to reasonable attorney fees and litigation expenses as determined by
the Court.
17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Vendor warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Vendor and has the authorityto bind Vendor to
the performance of its obligations hereunder.
fill
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
BY:
Shawn Nelson, City, Manager
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
VENDOR
Old Town Tire & Service LLC
Attn: Karl Greene III
28700 Front Street
Temecula, CA 92590
Phone (951) 699-8040
By:
Name:
Title:
By:
Name:
Title:
Two Signatures Required for Corporations
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EXHIBIT A
SCOPE OF WORK
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the City and the Vendor for non-exclusive vehicle maintenance and repair
services. All work performed shall pre-authorized upon receipt and approval of a cost estimate for
any work or repairs. Vendor shall also supply the City with detailed vehicle maintenance, repair and
smog reporting on a quarterly basis and/or as requested by City.
The procedure for authorizing service and work is set forth as follows:
1. City staff shall initiate request for services or repair and bring City vehicle to Vendors
place of business. Vendor shall supply a written quote for work to be performed which
shall include, but is not limited to: vehicle make, model, and number, description of work
to be performed, time for completion of service/repair, estimated time and cost for
service/repair to be completed.
2. Upon acceptance of the Vendor's cost estimate by City authorized staff the Vendor shall
proceed with the work and charge to the appropriate purchase order. Vendor shall
maintain a computerized maintenance and repair history on each City vehicle and
provide data on a quarterly basis, or as requested, to City.
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EXHIBIT B
SCHEDULE OF COSTS
The amount of this non-exclusive Agreement is for an annual not to exceed amount of Fifty
Thousand Dollars and No Cents ($50,000.00). All costs shall be based on actual time spent on pre-
approved vehicle maintenance and repair services as supplied from a prior cost estimate received
and pre-approved in advance of any work or service. Vendor recognizes and agrees the not to
exceed amount is an estimated expenditure and this Agreement does not guarantee Vendor this
amount in work/purchases.
Vendor has also agreed to an early pay discount of 2% for any payments made to Vendor by City
within 20 days of receipt of non-disputed invoice.
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FIN06-02
NON-EXCLUSIVE
AGREEMENT BETWEEN THE CITY OF TEMECULA
AND TEMECULA AUTO REPAIR & RADIATOR, INC.
FOR VEHICLE MAINTENANCE SERVICES
THIS AGREEMENT, is made and effective as of July 21, 2006, between the City
of Temecula, a municipal corporation ("City") and Temecula Auto Repair & Radiator, Inc.
("Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. TERM. This Agreement shall commence on July 21, 2006 and shall
remain and continue in effect from year to year unless either party notifies the other. In writing,
within thirty (30) days of the most recent invoice date to terminate this Agreement.
2. SERVICES. Vendor shall perform the vehicle maintenance services
described in the Scope of Work set forth in Exhibit A, attached hereto and incorporated herein
as though set forth in full for all vehicles presented by the City to the Vendor for service. Vendor
shall complete the work in accordance with the standards and the schedule of performance
which is also set forth in Exhibit A. Vendor understands this Agreement is non-exclusive and the
City reserves the right to procure similar services from other Vendors.
3. PERFORMANCE. Vendor shall at all times faithfully, competently and to
the best of its ability, experience, and talent, perform all tasks described herein. Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged
in providing similar services as are required of Vendor hereunder in meeting its obligations
under this Agreement.
4. PAYMENT.
a. The City agrees to pay Vendor monthly, in accordance with the payment rates
and terms as stated in the cost estimate submitted to and authorized by City staff for each job
approved as outlined in Exhibit B, Payment Rates and Schedule attached hereto and
incorporated herein as though set forth in full, based on actual time spent on the above tasks.
This amount shall not exceed Seventy-Five Thousand Dollars and No Cents ($75,000.00)
annually. The not to exceed payment amount listed herein is an estimated expenditure and this
Agreement does not guarantee the Vendor this amount in contracted services and work.
b. Vendor shall not be compensated for any services rendered in connection
with its performance of this Agreement, w1hich are in addition to those set forth herein, unless
such additional services are authorized in advance and in writing by the City Manager. Vendor
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City Manager and Vendor at the time City's written authorization is given to Vendor for the
performance of said services. The City Manager may approve additional work not to exceed ten
percent (10%) of the amount of the Agreement. Any additional work in excess of this amount
shall be approved by the City Council.
c. Vendor shall submit invoices monthly for actual services performed
detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be
submitted between the first and fifteenth business day of each month, for services provided in
the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as
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to all non-disputed fees. If the City disputes any of Vendor's fees it shall give written notice to
Vendor within 30 days of receipt of a invoice of any disputed fees set forth on the invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Vendor at least thirty
(30) days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Vendor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Vendor will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF VENDOR.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Vendor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Vendor for any work
performed after the date of default and can terminate this Agreement immediately by written
notice to the Vendor. If such failure by the Vendor to make progress in the performance of work
hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of
the Vendor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Vendor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Vendor with written notice of the default. The Vendor shall have (10) days after service upon it
of said notice in w1hich to cure the default by rendering a satisfactory performance. In the event
that the Vendor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Vendor shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Vendor shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Vendor shall provide free access to the representatives of City
or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts 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, computer files, surveys, and other documents prepared in
the course of providing the services to be performed pursuant to this Agreement shall become
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the sole property of the City and may be used, reused or otherwise disposed of by the City
without the permission of the Vendor. With respect to computer files, Vendor shall make
available to the City, upon reasonable written request by the City, the necessary computer
software and hardware for purposes of accessing, compiling, transferring and printing computer
files.
8. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against
any and all claims, demands, losses, defense costs or expenses, or liability of any kind or
nature which the City, its officers, agents and employees may sustain or incur or w1hich may be
imposed upon them for injury to or death of persons, or damage to property arising out of
Vendor's negligent or wrongful acts or omissions in performing or failing to perform under the
terms of this Agreement, excepting only liability arising out of the sole negligence of the City.
9. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work hereunder by
the Vendor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form:
No. CG 00 01 11 85 or 88
(2) Insurance Services Office Business Auto Coverage form:
CA 0001 0692 covering Automobile Liability code 1 (any auto). If the
Vendor owns no automobiles, a non-owned auto endorsement to the
General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. Vendor is self-
employed and has opted out of workers compensation insurance per
State law.
b. Minimum Limits of Insurance. Vendor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project 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) Workers Compensation as required by the State of California;
Employers Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Vendor shall
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procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Vendor; products and completed
operations of the Vendor; premises owned, occupied or used by the
Vendor; or automobiles owned, leased, hired or borrowed by the
Vendor. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Vendor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained
by the City, its officers, officials, employees or volunteers shall be
excess of the Vendor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Vendor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Vendor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Vendor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Vendor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Vendor
shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its
officers, employees or agents shall have control over the conduct of Vendor or any of Vendor's
officers, employees or agents, except as set forth in this Agreement. Vendor shall not at any
time or in any manner represent that it or any of its officers, employees or agents are in any
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manner officers, employees or agents of the City. Vendor shall not incur or have the power to
incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Vendor in connection with the
performance of this Agreement. Except for the fees paid to Vendor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Vendor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Vendor for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Vendor shall keep itself informed of
State and Federal laws and regulations which in any manner affect those employed by it or in
any way affect the performance of its service pursuant to this Agreement. The Vendor shall at
all times observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply
with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Vendor in performance of this Agreement shall
be considered confidential and shall not be released by Vendor without City's prior written
authorization. Vendor, its officers, employees, agents or subcontractors, shall not without
written authorization from the City Manager or unless requested by the City Attorney, voluntarily
provide declarations, letters of support, testimony at depositions, response to interrogatories or
other information concerning the work performed under this Agreement or relating to any project
or property located within the City. Response to a subpoena or court order shall not be
considered "voluntary" provided Vendor gives City notice of such court order or subpoena.
b. Vendor shall promptly notify City should Vendor, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed thereunder or with respect to any project or property located within the City. City
retains the right, but has no obligation, to represent Vendor and/or be present at any deposition,
hearing or similar proceeding. Vendor agrees to cooperate fully with City and to provide City
with the opportunity to review any response to discovery requests provided by Vendor.
However, City's right to review any such response does not imply or mean the right by City to
control, direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the
other party under this Agreement must be in writing and may be given either by (i) personal
service, (ii) delivery by a reputable document delivery service, such as but not limited to,
Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the
United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may later designate
by Notice:
To City:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Vendor:
Temecula Auto Repair & Radiator, Inc.
43191 Rancho Way
Temecula, CA 92590
Attn: Graham Eves
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14. ASSIGNMENT. The Vendor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City. Upon termination of this Agreement, Vendors sole compensation shall be payment for
actual services and work performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Manager and the Vendor.
15. LICENSES. At all times during the term of this Agreement,
Vendor shall have in full force and effect, all licenses required of it by law for the performance of
the services described in this Agreement.
16. GOVERNING LAW. The City and Vendor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with jurisdiction over the City of Temecula. In the event litigation over this Agreement is filed,
the prevailing party in the litigation shall be entitled to reasonable attorney fees and litigation
expenses as determined by the Court.
17. PROHIBITED INTEREST. No officer, or employee of the City of
Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds
thereof, the Contractor, or Contractor's sub-contractors for this project, during hislher tenure or
for one year thereafter. The Contractor hereby warrants and represents to the City that no
officer or employee of the City of Temecula has any interest, whether contractual, non-
contractual, financial or otherwise, in this transaction, or in the business of the Contractor or
Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the
event any such interest is discovered whether or not such interest is prohibited by law or this
Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Vendor warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Vendor and has the authority to bind
Vendor to the performance of its obligations hereunder.
1111
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
BY:
Shawn Nelson, City Manager
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
VENDOR
Temecula Auto Repair & Radiator, Inc.
Attn: Graham Eves
43191 Rancho Way
Temecula, CA 92590
Phone (951) 694-1373
Fax (951) 694-0794
By:
Name:
Title:
By:
Name:
Title:
Two Signatures Required for Corporations
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EXHIBIT A
SCOPE OF WORK
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Vendor for non-exclusive vehicle maintenance
and repair services. All work performed shall be pre-authorized upon receipt and approval of a
cost estimate for any work or repairs. Vendor shall also supply the City with detailed vehicle
maintenance, repair and smog reporting on a quarterly basis andlor as requested by City.
The procedure for authorizing service and work is set forth as follows:
1. City staff shall initiate a request for services or repair and bring City vehicle to Vendors
place of business. Vendor shall supply a written quote for work to be performed which
shall include, but is not limited to: vehicle make, model, and number, description of work
to be performed, time for completion of servicelrepair, estimated time and cost for
servicelrepair to be completed.
2. Upon acceptance of the Vendor's cost estimate by City authorized staff the Vendor shall
proceed with the work and charge to the appropriate purchase order. Vendor shall
maintain a computerized maintenance and repair history on each City vehicle and
provide data on a quarterly basis, or as requested, to City.
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EXHIBIT B
SCHEDULE OF COSTS
The amount of this non-exclusive Agreement is for an annual not to exceed amount of Seventy-
Five Thousand Dollars and No Cents ($75,000.00). All costs shall be based on actual time
spent on pre-approved vehicle maintenance and repair services as supplied from a prior cost
estimate received and pre-approved in advance of any work or service. Vendor recognizes and
agrees the not to exceed amount is an estimated expenditure and this Agreement does not
guarantee Vendor this amount in work/purchases.
Vendor has also agreed to an early pay discount of 2% for any payments made to Vendor by
City within 30 days of receipt of non-disputed invoice.
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ITEM NO.6
Approvals
City Attorney
Director of Finance
City Manager
~~
/JJ2.
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
August8,2006
SUBJECT:
Procurement of Updated Computer Workstations
RECOMMENDATION: That the City Council authorize the purchase of 50 Pentium based
Hewlet Packard (HP) computer workstations from HP for the total amount of $59,543.85.
BACKGROUND: The City has adopted HP computer, server, and storage subsystems
as a standard hardware configuration. This standard simplifies parts replacement, trouble shooting,
and allows the City's Intelligent Network Management System to monitor a common suite of
computer hardware. This minimizes downtime and makes the IS Department more efficient.
In orderto maintain a life cycle management program to keep the City's hardware inventory moving
according to prescribed amortization schedules, thirty eight of these machines will be replacing older
systems that no longer meet the technical requirements necessary to run the City's current
applications.
HP Pentium workstations are available on Western States Contracting Alliance (WSCA) approved
agreements. The competitively, quoted price is provided by an authorized WSCA contractor. Under
this agreement it is within the City's discretion to take advantage of the pricing on another
governmental entity contract. The contract is made available for use by State of California agencies
and any city, county or local governmental agency empowered to expend public funds. Therefore,
this purchase is exempt from competitive bidding requirements. Staff's research has determined
that the WSCA price is the most competitive. Also, it has been determined thatthe WSCA program
is consistent with the City's procurement policies and regulations and that it is used by many cities
as an industry standard.
FISCAL IMPACT: Adequate funds are appropriated in the 2006-07 Fiscal Year Budget
for the Information Services Internal Services fund.
ATTACHMENTS:
HP Public Sector Sales Quote. State of California WSCAII Contract
Page 1 of3
Tom Hafeli
From: Tom Hafeli
Sent: Monday, July 17, 20064:46 PM
To: Tom Hafeli
Subject: PC Replacement FY0607
Attachments: tmpQuote994165.htm
~il
I..,..,
ONLINE PRICE QUOTATION
Quote Number: 994165
Today's Date: 7/17/20066:40:14 PM
Created By:
tom. hafeli@cityoftemeeula.org
Quote Name: PC Replacement
Quote Created Date: 7/17/20066:36:16 PM
Contract: CA - STATE OF CALIFORNIA (WSCAII)
(A63309-CA)
Product availability and product discontinuation are subject to change without notice. The prices in this quotation
are valid for 30 days from quote date above. Please Include the quote number and contract from this quote on the
corresponding purchase order.
items/description
part no
unit price qty
ext price
PU701AV - HP Compaq dc7600 Ultra Slim
Desktop
HP Compaq dc7600 ultra slim desktop
!3enuin~ Windows@ XP Professional-
Intel@ Pentium@ 4 640 (3.2/800/2M)-
Base $987.01
50 $49,350.50
1GB PC2-4200 (DDR2-533) 2x512-
80GB SATA 3.0Gb/s hard drive
MultiBay 24X124X124X18X Combo-
Integrated Intel@ Media Accelerator 950
graphics
Integrated Broadcom Gigabit NIC
HP standard keyboard PS/2-
HP USB optical mouse (cbtlslvr)-
Country Kit Bus DT dc7600 USDT-
dc7600 Restore CD-
PCI riser card for dc7600 USDT
SRL and PRL 10 adapter de7600 USDT
3/3/3 (partsllabor/next business day on-site)
limited warranty
PU701AV
PV726A V#ABA
PU719AV-
USD
PT956A V
PU648AV
PU654A V
Included
Included
PT972A V#ABA
PT951AV
PV553A V#ABA
PV733A V
AF835AV
PU697 A V
Included
07/1712006
HP L 1740 Smart Buy Flat Panel Monitor - $20
instant savings!
HP L 1740 Smart Buy Flat Panel Monitor
500: 1 Contrast Ratio
300 nits
Max. Power Rating: less than 60 Watts
Analog VGA and Digital DVI-D Input Signal
Tilt: _50 to +300
5.1 in Height adjustability range
Yes
150/135 degrees
1280 x 1024
less than 13 ms response time
Asset control supported
No Integrated speakers
Anti-Glare and Anti-Static
3-year parts, 3-year labor, 3-year onsite
limited warranty. 48-hour exchange available.
Page 2 of3
Base $229.00
25 $5,725.00
PL766A8#ABA
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
SubTotal: $55,075.50
CA Recycling Fee Total: $200.00
T.ax: $4,268.35
Total: $59,543.85
California law requires collection of an advance recycling fee for certain products. Applicable
mandatory advance recycling fees may be added to your invoice. For more information, please go to
http://www.hp.com/go/hwrecycle
The terms and conditions of the CA - STATE OF CALIFORNIA (WSCAII) will apply to any order
placed as a result of this inquiry, no other terms or conditions shall apply.
* The estimated lease cost is the monthly payment amount for a lease commencing on or before
8/16/2006 with a term of 36 months and a fair market value purchase option at the end of the lease
term. This and other leasing and financing options are available through Hewlett-Packard Financial
Service Company (HPFSC) or one of its affiliates to qualified education and state and local customers
in the U.S. and subject to credit approval and execution of standard HPFSC documentation. Fees and
other restrictions may apply. This is not a commitment to lease. Rates and payments are subject to
change at any time without notice. Leasing and financing options for Federal governmental agencies
(subject to a $50,000 minimum) are available from Hewlett-Packard Company. For more information,
call Hewlett-Packard Financial Services Company at 1-888-277-5942 and talk to a financial services
representative who specializes in supporting government and education entities.
* HP is not liable for pricing errors. If you place an order for a product that was incorrectly priced, we
will cancel your order and credit you for any charges. In the event that we inadvertently ship an order
based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to
obtain your authorization for the additional charge, or assist you with return of the product. If the
pricing error results in an overcharge to you, HP will credit your account for the amount overcharged.
07/1 7/2006
ITEM NO.7
Approvals
City Attorney
Director of Finance
City Manager
V
IJIL
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Tim Thorson, Information Systems Director
DATE:
August8,2006
SUBJECT:
Award an agreement to Nth Generation for an Information Lifecycle
Management (lLM) Solution
RECOMMENDATION: That the City Council Award a contract to Nth Generation Computing
Inc. in the amount of $50,081 for the procurement and installation of a tiered storage Information
Lifecycle Management (I LM) system to protect the City's critical data and provide essential disaster
recovery services.
Background: ILM is a suite of software and hardware that allows the City to classify
data in terms of its business value and then aligns that value with how the data is stored,
managed and protected. The result: reduced costs, maximized storage utilization, minimized
redundancy and protection in regulatory compliance situations. Managing the explosive growth
of online data since the purchase of the City's Storage Area Network (SAN) has proven to be a
formidable challenge. The driving forces for ILM-namely, cost, complexity and compliance-
continues to grow, making this the critical time to procure an ILM system.
Discussion: The IS Department initiated an RFQ process on October 10, 2005 which
identified 4 companies in this region worthy of consideration for the procurement of an ILM
system. City staff conducted site visits and a panel interviews with each of the 4 companies and
presented the findings to the MIS Steering Committee. Through this process Nth Generation
Computing Inc. surfaced as the most qualified company with the most competitive price. This
price is $23,000 less than the next most competitive and qualified company.
FISCAL IMPACT: Adequate funds were appropriated in the 2006-07 Fiscal Year Budget
from the Information Systems Internal Services fund.
ATTACHMENTS:
Nth Generation Agreement
AGREEMENT
FOR CONSUL TANT SERVICES WITH
NTH GENERATION AND CITY OF TEMECULA
THIS AGREEMENT is made and effective as of August 8,2006, between the City of
Temecula, a municipal corporation ("City") and Nth Generation ("Consultant"). In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on August 8,2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than August
7, 2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all 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. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be
obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation of
the provisions of the Contract.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed Fifty Thousand Eighty One
Dollars and No Cents, ($50,081.00) 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.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
7. DEFAUL T OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection 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.
2
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing
the services to be performed pursuant to this Agreement shall become the sole property of the City
and may be used, reused or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files containing data generated for the work, Consultant shall
make available to the City, upon reasonable written request by the City, the necessary computer
software and hardware for purposes of accessing, compiling, transferring and printing computer
files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 0001 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsementto
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
3
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as 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 Consultant's insurance and shall not contribute
with it.
(3) Anyfailure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the 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. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the 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
4
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in anyway affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, letters 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
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant andlor be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
5
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Nth Generation
17055 Camino San Bernardo
San Diego, CA 92127
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the CityofTemecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during hislher tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral 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.
6
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
INVITNESS WHEREOF ,the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Nth Generation
17055 Camino San Bernardo
San Diego, CA 92127
By
Its
By
7
EXHIBIT A
DESCRIPTION OF SERVICES
Summary of ILM Solution Benefits
The Tiered-Storage and Hierarchical Storage Management (HSM) Solution with HP's File Migration
Agent (FMA) software is designed to reduce the amount of data being backed up to tape on a
weekly basis which will result in the following key benefits to the CITY OF TEMECULA:
1) Reduce the time to complete full backups,
2) Reduce the total amount of tape cartridges needed for monthlylyearly backups,
3) Reduce restore times,
4) Reduce cost of storage by freeing up existing Enterprise-class capacity as infrequently
accessed files are migrated to lower-tiered and less-expensive storage,
5) Reduce costs of storage management (file migration is done "automatically" via user-
defined policies, such as file age andlor file name patterns,)
6) Business agility - HP FMA enables customers to redeploy storage and storage
management resources once static files have been migrated off the system,
7) Storage consolidation - HP FMA enables customers to consolidate File servers, web
servers, and application servers once infrequently used data is migrated to secondary
storage.
The proposed solution consists of one (1) HP Storage Server with three (3) Terabytes of low-cost
SA T A-based raw storage capacity, scalable to up to six (6) Terabytes just by adding additional 500
GB high-capacity SA TA drives. This solution is further scalable to up to (12) Terabytes by adding
another drive shelf populated with (12) 500GB SATA drives making this a very low-cost storage
expansion capable solution.
This solution includes the software to migrate files based on user-defined business policies to less-
expensive storage. City of Temecula will enjoy the benefit of scheduling "migration jobs" to run as
frequently as desired, e.g., every minute, hourly, daily, weekly, monthly, etc.
NTH Generation
NTH Generation is the leading implementer of information technology solutions, focusing on
Business Critical Computing, Enterprise Storage and Data Protection. For the last eighteen (18)
years, NTH has developed best-practice service offerings and project management skills to position,
design, integrate, deliver, implement, and support high-availability computing Environments, Storage
Area Networks and Data Protection & Backup Solutions.
Key Features of this ILM Solution
Intuitive policies for maintaining active files on high-performance storage, while migrating
inactive files to cost-effective storage. The flexible archiving, with support for archive to HP
RISS, HP FSE, or CIFS-compliant volumes will provide faster backup and recovery.
ILM Goals
D Reduces costs of storage and storage management - Automatically migrates static data
to less expensive tiers of storage based on business policies and quality of service
requirements, and stubs the file on primary storage.
D Flexible archiving - HP FMA is the ONLY software solution that will enable file migration
from Windows environments to HP RISS, HP FSE, or NAS (via CIFS).
D Data that is migrated to RISS is content searchable and retention managed, a primary
differentiator for HP FMA.
D Faster backup and recovery - HP FMA enables you to migrate inactive files to cost-
effective, secondary storage. A sparse file remains as a pointer to migrated data, and it is
a minute fraction of the size of the original file.
8
D Less data volume to manage on primary storage translates into faster backup of primary
storage and potentially faster restore.
D Ease of management - HP FMA eases the backup effort and infrastructure management
effort required to protect large scale file serving, web server, and application server
environments.
D Business agility - HP FMA enables customers to redeploy storage and storage
management resources once static files have been migrated off the system.
D Storage consolidation - HP FMA enables customers to consolidate File servers, web
servers, and application servers once infrequently used data is migrated to secondary
storage.
TIERED-STORAGE SOLUTION PROPOSAL
Re: Agreement for Consultant Services with Nth Generation and City of Temecula
EXHIBIT B
Cost Breakdown and Payment Schedule
=> Hardware: HP Storage Server with three (3) Terabytes of low-cost SAT A-based raw
storage capacity, scalable to up to six (6) Terabytes just by adding additional 500
GB high-capacity SATA drives.
Cost $16,321.00
=> Software: HP Hierarchical Storage Management software -File Migration Agent
(FMA)- enables the automated movement of files from enterprise-class storage to
cost-effective storage based on user-defined policies. This solution includes media
and FMA L TUs (License-to-Use) for (1) City ofTemecula Production File Server and
it also includes L TUs to manage up to (2) Terabytes of usable data to be migrated
from the City's existing MSA Enterprise-class storage to less-expensive SATA-
based storage on the included Storage Server.
9
Cost $16,360.00
=> Installation: This solution includes Hardware and Software Installation and
Configuration. HSM software will be installed on one Windows 2000/2003
Production server previously identified by the City ofTemecula IT staff. Up to three
(3) migration jobs will be created, configured and tested with the City of Temecula
staff as well as provide sufficient transfer of knowledge as specified below. The
included Storage Server hardware will also be installed, configured and connected
to the City of Temecula LAN utilizing previously-identified LAN port(s).
Cost $14,000.00
=> Training: Up to sixteen (16) hours of training (2 sessions of up to 8 hours each for
one or two assigned City of Temecula IT Staff).
Cost $3,400.00
=> Total Solution Cost: $50,081.00
Pavment Schedule for the ILM Svstem:
Payment Schedule Amount Description
Number
1 Upon execution of $25,040.50 50% payment
the Agreement
2 Upon completion of $12,520.25 25% payment
installation
30 days after
3 installation - When $12,520.25 Remaining 25%
System is accepted
bv the City
10
ITEM NO.8
Approvals
City Attorney
Director of Finance
City Manager
p.'---
IJIL
9/3
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Tim Thorson, Director of Information Systems
Bill Hughes, Director of Public Works
DATE:
August 8, 2006
SUBJECT:
Amendment No.1 to the Comprise Agreement for the Smart Access
Management (SAM) Software for the new Library
RECOMMENDATION: That the City Council approve the amendment to the purchase of the
Smart Access Management System from Comprise Technologies, Inc. forthe additional amount of
$28,485.00.
BACKGROUND: On March 28'h 2006, the Council approved the purchase of the
Comprise SAM application for the new Temecula Public Library. This system integrates such
essentials as authentication, session controls, Children's Internet Protection Act (CIPA)
compliance, etc. for wireless users. This is a library account identification-based system that
provides centralized customer accounts enabling patrons to pay for services such as print, copy
and fee and fines without staff involvement. This system will work with existing library cards and
provides real-time inter library loan access and financial reconciliation between the Temecula
Library and the Riverside County Library Sirsi Mainframe system.
The Comprise Software for Access Management was recommended in a study completed by an
independent consultant. City staff have been conducting regular systems analysis meetings with
the Riverside County Librarian and other stake holders to ensure that information systems are
properly customized to support library operations and processes. The findings of this group
have identified requirements that were missing in the technology study and are included in this
contract amendment
FISCAL IMPACT:
FF&E fund.
This amendment is supported in the FY 2006-07 Library Project
ATTACHMENTS:
Smart Access Manager (SAM) Contract Amendment
FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
COMPRISE TECHNOLOGIES, INC.
THIS FIRST AMENDMENT is made and entered into as of August 8,2006 by and between
the City of Temecula, a municipal corporation, and Comprise Technologies, Inc. In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On March 28, 2006 the City and Vendor entered into that certain agreement
entitled "Smart Access Manager (SAM) End User License and Service Agreement" for the amount
of $55,718.00.
B. The parties now desire to increase the payment for services in the amount of
Twenty Eight Thousand Four Hundred Eighty Five Dollars and No Cents ($28,485.00) and
amend the Agreement as set forth in this Amendment.
2. Exhibit E (Cost and Payment) of the Agreement is hereby amended to read as
follows:
A. Exhibit E of the agreement is hereby amended to provide the revised overall
contract total is Eighty Four Thousand Two Hundred and Three Dollars and No Cents
($84,203.00) for the total term of the Agreement unless additional payment is approved as provided
in this Agreement.
3. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
COMPRISE TECHNOLOGIES, INC
1041 ROUTE 36 WEST
PO BOX 425
NAVESINK, NEW JERSEY 07752
2
~ompri5e>
Smart Access Manager (SAM ~
"Empowering PalTons - Liberating Librahans"
July 26, 2006
TemeculaPublic Library
Temecula,CA
COll1Jrise Sales Representative JamieHahn
Hardware. Service & POS Proposal
Optional components: Unit Cost Units Total
II. Account Payment Machine (APMHi
-Credit Card Reader $210 1 $210
- Credit Card Program Interface from APM $150 1 $150
-APMActivation&Shipping (per device) $375 1 $375
II. Device Controllers wi integrated barcode reader' $1,225 7 $8,575
" Nelv\lorked device DJntrols patron interaction with copiers
-Device Controller Activation &Shipping (per device) $325 7 $2,275
-Device Controller Installation TED 0 $0
-Wall Mount Bracket $34 0 $0
-Pedestal Stand $130 0 $0
- Y-Cableto connect Copier Controller & Coin I Bill Tower $80 0 $0
III. Bluesocket BSC 2100 Wireless Controller2
-BlueStandard Extended AnnualWarrantv Software Services $1,425 1 $1,425
- BlueStandard Extended Annual Advanced Hardware $1,425 1 $1,425
Replacement
IV. Credit Card & E-Comm erce Software Suite 3
Server Software & Gateway:
-Central Server Application Engine $1,500 1 $1,500
-Server Gateway Software $1,020 1 $1,020
-Setup & Configuration $800 1 $800
Online Credit Card Software:
- E-Commerce Web Page wi Authentication $2,500 1 $2,500
-Link Configuration to Integrated Library System '"
-SSLCertificate $1,000 1 $1,000
-Setup & Configuration $800 1 $800
V. Smart Money Manager (SMM) Software & Hardware $1,750 1 $1,750
_ Central SMM / POS Server Application Engine '"
.SMMOatabase Setup '"
- POS Staff Terminal Software for SMM (perterminal) $500 4 $2,000
- Credit Card Program Interface from POS (per terminal) $150 4 $600
- POS Keyboard wi Replaceable Keys &Mag Reader $165 4 $660
-POS Cash Drawer $155 4 $620
-Setup & Configuration $800 1 $800
VI. Software Installation & Training Services $1,000 0 $0
-OI1-Site Installation/Training Services (2 day rrinimum; $1000 per day)
0 tionalSub-total $28,485
ITotal Project Cost:
$28,485
Annual Software License, Technical Sup ortand Upgrades Unit Cost Total
12 Month SAM Licensing, Tech Support and Full Upgrades 1 $3,105 $3,105
12 Month Extended Warranty _ Account Payment Machine 1 $768 $768
12MonthExtendedWarran -Co ierDevice Controllers 7 units 1 $858 $858
BlueStandardExtendedAnnualWarran Software Services 1 $1,425 $1,425
BlueStandard Extended Annual Actvanced Hardl'Vare Replacement 1 $1,425 $1,425
12Month o-editCard Software Renewal and Interface Su '" 1 $450 $450
Credit Card Gateway Renewal and Support 1 $1,020 $1,020
12 Month E-ComlTl2rce Web Page Support & SSL Certificate Renewal 1 $1,500 $1,500
12Month POSUcensin ,Tedl Support artd Full Up rades 1 $750 $750
Total Annual Renewal: $11,301
Notes
- 12 Month Annual APM I Device Controller / POO Maintenance is INCLUDED in YEAR ONE
_Ouote valid for30 days
. PaYlTl2ntterms; SAM software due upon install, hardl'Vare 50% due upon order, 50% due upon proof of shiplTl2nt
_ Physical installation of APMs and Plasma/LCD Displays isthe responsibility of the library
1 Device Controller installations wll be done by the library's current copier cOll1Jany. Pricetobe quotedseperately
Installation and configuration of all Bluesocket equiplTl2nt is the re sponsibly of the library Comprise is ONLY responsible
for configuring and activating the interface tothe SAM server
1,000 transactions per rmnth included w/ Gateway, $.10 for every transaction aver 1 ,000
Credit Card Program does not include Merchant Account or Credit Processing Charges; to behanlded by custolTl2r
Comprise Technologies, Inc. 1041 Route 36 West, PO Box 425, Navesink, NJ 07752
Office: 732-291-3600 Toll Free: 800-854-6822 Fax: 732-291-3699
WWW.COMPRISETECHNOLOGIES.COM
ITEM NO.9
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
August 8, 2006
SUBJECT:
Temecula Public Library Children's Area Artwork
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve an agreement with Duvall Design in the
amount of $35,300 plus a 10% contingency for the design, fabrication and installation of artwork in
the form of two hot air balloons in the children's area of the library.
BACKGROUND: The construction of the new Temecula Public Library is nearing
completion. One of the unique design elements in the children's library area is the integration of two
hot air balloons. One of the balloons will be above the entry to the children's library, serving as a
visual directional icon to patrons. The second balloon is the fayade of the story room, resembling a
balloon that is about to take flight through the roof of the library.
These elements will be artistic in nature and require a fabricator who is able to provide design/build
services. The project architect, LPA, Inc., researched firms that provide these types of services and
have similar installations to their credit. LPA then solicited and obtained three quotes from qualified
fabricators for this work.
Duvall Design was the lowest qualified bidder. The firm has been in business for twelve years and
has installed large-scale tension fabric architectural and artistic structures throughout the United
States. Duvall Design will provide shop drawings of the two pieces for structural and aesthetic
approval prior to commencing fabrication. This firm has also confirmed its ability to complete the
design, fabrication and installation within the City's required timeframe.
FISCAL IMPACT: Costfor design, fabrication, and installation of the two children's library
area balloons is $35,300, plus a 10% contingency for a total of $38,830. Sufficient funds are
available in the Five Year Capital Improvement Program for the library project.
ATTACHMENTS:
Agreement
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CITY OF TEMECULA
PURCHASE AND INSTALLATION AGREEMENT
This Purchase and Installation Agreement ("Agreement") is made and entered into as
of July 25,2006, by and between the City of Temecula ("City"), a municipal corporation, and Duvall
Design ("Vendor"). In consideration of the mutual covenants and promises contained herein, the
parties agree as follows:
1. Purchase and Sale of Equipment. On and subject to the terms and
conditions set forth in this Agreement and the Contract Documents, Vendor agrees to manufacture,
sell and deliver to the City and install at the Temecula Public Library (1) approximately 15 foot
diameter % sphere balloon and basket with graphics at the entrance to the children's library and (2)
approximately 43 foot diameter partial sphere balloon as a fayade to the children's story room as
more particularly described in Exhibit A, "Scope of Work" and incorporated herein as though set
forth in full (hereafter "Equipment") and shown on the construction drawings of the Temecula Public
Library.
2. Purchase/Installation Price. The Purchase and Installation price which City
agrees to pay to Vendor for the Equipment and service is Thirty-Five Thousand, Three Hundred
Dollars and No/100 Dollars ($35,300.00) The Purchase price is final and shall be paid by City to
Vendor in accordance with Exhibit B, "Payment Rates and Schedule" and incorporated herein as
though set forth in full. The City Manager may approve a 10% increase to this agreement.
3. Scope of Work. Vendor shall manufacture and install the equipment as
described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work").
Vendor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all
utility and transportation services required for the Work. All of said Work to be performed and
materials to be furnished for the Work shall be in strict accordance with the specifications set forth in
the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work.
Contractor shall not commence the Work until such time as directed by the City.
4. Representations and Warranties of Vendor. Vendor makes the following
representations and warranties to City:
a. Authoritv and Consents. Vendor has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement. No
approvals or consents of any persons are necessary in connection with Vendor's
execution, delivery, installation and performance of this Agreement, except for such
as have been obtained on or prior to the date hereof. The execution, delivery,
installation and performance of this Agreement byVendor have been duly authorized
by all necessary action on the part of Vendor and constitute the legal, valid and
binding obligations of Vendor, enforceable against Vendor in accordance with their
respective terms.
b. Title and OperatinQ Condition. Vendor has good and marketable title
to all of the Equipment manufactured and installed. All of the Equipment are free
and clear of any restrictions on or conditions to transfer or assignment, and City will
acquire absolute title to all of the Equipment free and clear of mortgages, liens,
pledges, charges, encumbrances, equities, claims, covenants, conditions and
restrictions except for such as may be created or granted by City. All of the
Equipment are in good operating condition, are free of any defects, and are in
conformity with the specifications, descriptions, representations and warranties set
forth in the Contract Documents. Vendor is aware the City is purchasing the
Equipment for use as decorative and directional amenities within the Temecula
Public Library and that City is relying on Vendor's warranties that the Equipment is fit
forthis purpose and the ordinary purposes for which the Equipment is normally used.
c. Full Disclosure. None of the representations and warranties made by
Vendor in this Agreement contain or will contain any untrue statement of a material
fact, or omits to state a material fact necessary to make the statements made, in light
of the circumstances under which they were made, not misleading.
5. Performance. Vendor shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Vendor hereunder in meeting its obligations under this
Agreement.
6. Citv Approval. All labor, materials, tools, equipment, and services shall
be furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may
include reasonable tests and use of the Equipment by City. If, in the determination of City, the
Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify
Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment
shall be deemed accepted by City as of the date of receipt.
7. Time of Deliverv and Installation. The date and time of delivery of the
Equipment shall be on or before September 30,2006. Installation shall be completed on or before
October 16, 2006.
8. Place of Deliverv. The Equipment shall be delivered to this location:
Temecula Public Library
30600 Pauba Road
Temecula, CA 92592
9. Reiection. In the event of such notice of non-conformity by City pursuant
to Section 6, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept
the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the
Equipment and reject the remainder or the Installation. The exercise of any of the above options
shall be "without prejudice" and with full reservation of any rights and remedies of City attendant
upon a breach. In the event of such notice and election by City, City agrees to comply with all
reasonable instructions of Vendor and, in the event that expenses are incurred by City in following
such instructions, Vendor shall indemnify City in full for such expenses.
10. No Replacements of Cure. This Agreement calls for strict compliance.
Vendor expressly agrees that both the Equipment and I nstallation tendered and the tender itself will
conform fully to the terms and conditions of the Agreement on the original tender. In the event of
rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may,
but is not required to, accept any substitute performance from Vendor or engage in subsequent
efforts to effect a cure of the original tender by Vendor.
11. Indemnification. Vendor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees, agents and volunteers from and against any and
all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its
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officers, officials, employees, agents or volunteers may sustain or incur or which may be imposed
upon them for injury to or death of persons, or damage to property arising out of or from the
Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole
negligence of the City.
12. Contract Documents.
a. This Agreement includes the following documents, which are by this
reference incorporated herein and made a part hereof: (1) Equipment Description
and/or Scope of Work from Request for Proposal dated June 21, 2006, attached
hereto as Exhibit A; (2) Vendor's response/quotes to the Request for Proposal dated
June 22, 2006, attached hereto as Exhibit B.
b. In the event any term or condition of the Contract Documents conflicts
with or is contradictory to any term or condition of the Agreement, the terms and
conditions of this Agreement are controlling.
c. In the event of a conflict in terms between this Agreement, the RFP
and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP
and the Vendor's Response to the RFP, and the RFP shall prevail over the Vendo~s
Response to the RFP.
13. Default of Vendor.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event the Vendor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder
arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it
shall not be considered a default.
b. If the City Manager or his delegate determines the Vendor is in default in the
performance of any of the terms or conditions of this Agreement, it shall service the Vendor with
written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice
in which to cure the default by rendering a satisfactory performance. I n the event the Vendor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and without prejudice
to any other remedy to which it may be entitled at law, in equity or under this Agreement.
14. Liabilitv Insurance. Consultant shall procure and maintain forthe 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 1 (any auto).
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(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, 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 Consultant's insurance and shall not contribute
with it.
(3) Anyfailure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
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(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. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the 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.
15. Survival of Representations and Warranties. All representations,
warranties, covenants and agreements of the parties contained in this Agreement shall survive the
execution, delivery, installation and performance of this Agreement.
16. Leqal Responsibilities. The Vendor shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Agreement. The Vendor shall at all times
observe and comply with all such laws and regulations. The City, and its officers and employees,
shall not be liable at law or in equity occasioned byfailure of the Vendor to comply with this section.
17. Prohibited Interest. No officer, or employee of the City of Temecula shall
have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
18. Independent Contractor. Vendor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement
on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and control.
Neither the City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as
set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of
its officers, employees or agents are in any manner, officers, employees or agents of the City of
Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liabilitywhatever
against the City, or bind the City in any manner.
19 Assiqnment. The Vendor shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the City.
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20. 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 at:
City of Temecula
43200 Business Park Drive
Temecula, California 92589
Attn: City Manager
To Vendor at:
Duvall Design
P.O. Box 297
West Rockport, ME 04865
Attn: Charles Duvall
21. GoverninQ Law. The City and Vendor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior or federal district court with jurisdiction over
the City of Temecula.
22. Entire AQreement. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement 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.
23. Authoritv To Execute This AQreement. The person or persons executing
this Agreement on behalf of Vendor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the
performance of its obligations hereunder.
24. PrevailinQ WaQes. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the District Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file 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 District,
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.
IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the
day and year first above written.
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CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Duvall Design
P.O. Box 297
West Rockport, ME 04865
(207)596-7940
(207)596-7832 fax
By:
Name: Charles Duvall
Title: Principal
EXHIBIT A
SCOPE OF WORK/QUOTATION FROM RFP DATED JUNE 21,2006
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p.o. Box 297, West Rockport, Moine 04865 PHONE 207.596.7940 FAX 207.596.7832
June 22, 06
TEMECULA LIBRARY
BALLOON #1
(1) approx 15-0 diameter 3/4 sphere with radial geometry. Fabric is
Raschel knit FR Class A. Includes modified woven balloon basket.
Must fit around square column. Provide clamps at perimeter frame.
Use 1 1/4 inch od Alum. frame. Machined AI. connectors as req'd.
Frame strength to meet earthquake reqmts.
Review letter by Maine structural engineer to be submitted to your
Ca. Sir. engineer for approval prior to fabrication.
Cost ea...... .... ..... ............ ........ ....... ..... ....... ..... ....$5800
BALLOON #2
(1) approx. 43-0 diameter partial sphere. Starts at 7'() AFF and ends
at approx. 22'() AFF but slopes at ceiling. Frame is 1 1/2 inch 00
Alum. tube with 1 1/4 inch inner spreaders (radials).
Approx 60-0 ft linear dimension along top curve at ceiling. Step
frame as req'd.
Machined Alum. connectors. Clamped to ceilin9. and at perimeter every
3.(). Perimeter frame follows exact shape of ceiling above.
Exact colors tbd. Fabric choice is Raschel knit FR. Class A.
Zippered perimeter sleeve continuous.
Cost ea.... ... ........ ..... ........... .... .... .................... ..$18,1 00
Preliminary site coordination visit........................$1200
Site as-built verification visit................................$1200
Frame tests visit.... ... ................. ............... ..... .......$1700
Structural engineering review..............................$2000
Travel & expenses..............................................$1800
Installation... ...... ......... .................. ............. .............$2200
Shipping.... ............ ... ....... ........ ...... ... ..... .... ...... .... ..$ 500
Lift rental................................................................ $ 800
Total Cost.......................................................... $35,300
50% Deposit upon receipt of shipment on site for final installation.
Allow 5-7 weeks for delivery. Install requires 5 days. Two installers.
MOD to provide shop drwgs.
THANKS;
Charles Duvall
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
PAYMENT RATES AND SCHEDULE
Balloon #1... ... ...... ...... ...... ... ...... ...... ...... ...... ...... ... ...... ......$5,800
Balloon #2..................................................................... ..$18, 1 00
Preliminary site coordination visit.......................................... .$1 ,200
Site as built verification visit................................................ ..$1 ,200
Frames tests visit.............................................................. .$1 ,700
Structural engineering review............................................... .$2,000
Travel and expenses......................................................... ..$1 ,800
Installation........................................................................ .$2,200
Shipping...........................................................................$ 500
Lift rental........................................................................ ..$ 800
TOTAL COST..................................................$35 300
50% deposit due upon receipt of shipment on site for final installation.
Balance due upon completion of installation and acceptance by City.
EXHIBIT C
REQUEST FOR PROPOSAL DATED JUNE 21, 2006
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June 21, 2006
TEMECULA PUBLIC LIBRARY
LPA Project No. 98057.20
SCOPE OF SERVICES
On behalf of the City of Temecula, LPA is requesting a bid proposal for the Custom Fabric
Environments or Fabric Architecture for the Children's area in the new Temecula Public Library.
Temecuia Valley is known for their Hot Air Balloon excursions and has chosen to refiect this
heritage in the Children's area of the library with (2) two areas for exhibiting large scale Bailoons.
The first is in the entry and is smalier in scale and also has the rope attaching to a basket which
needs to be included in your design. The second has a much more exaggerated scale and wraps the
story time room, both are depicted by the enclosed renderings.
The project is currentiy under construction and is scheduled to open in late November of this year.
The new building is 34,000 square feet one story Library. Construction is progressing inside and
information and coordination is required immediately for any support structure for these items_
The Balloon installation should begin in late September, early October if possible. The City does not
have a set budget but would not want to excessively spend pubiic funds for this. Be creative yet
frugai with your solutions.
We have enciosed the foliowing items that wiil support your efforts in producing a bid:
Bid Plans
1. First Floor Plan A2.1
2. Clerestory Plan A2.2
3_ Building Section A3.3 and A3.5 and A
4_ Enlarged Plan A4.4
5. Finish Pian A5.1
6. Reflected Ceiling Plan A6.1
7. Interior Elevations A6.3 and A6.5
Bid Soecifications
1. Structure must meet Zone 4 Seismic requirements
2. Fabric must be Class A and somewhat opaque, bright but sophisticated coior paiette not
too garish or primary
3. Lightweight metal support system that is somewhat hidden
Bid Qualifications
1. Bids must be inclusive of ail design time, site visits, shop drawings, materiais, prevailing
wage labor, installation and tax.
2. Bids must be honored for up to six months, and no price increases will be acceptable after
bid openings.
3. The City of Temecuia will not issue a deposit until receipt of the product. Bidders must
accept these conditions when submitting a bid.
4. The City Council will award the iow bidder on August 8'".
Bid PackaQes
1. Company Information
2. Images of similar Public projects, type of construction/technique proposed, fabric choices
3. Confirmation of ability to meet the Schedule
4. Bid proposal separated out by Bailoon
Bid Time Frame
Thursday, June 22nd to Thursday, July 7'" at 5 pm pacific std time.
Please direct all questions to LPA, Chris Lentz 949-701-4032 or via e-mail clentz@ipainc.com by
12 noon on Wednesday June 2Bth. LPA will distribute a list of ail of the questions and respond
equaily to all bidders by Thursday, June 29th.
Chris Lentz
Associate
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ITEM NO.1 0
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
August 8, 2006
SUBJECT:
Coffee Cart Purchase for Library
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve the purchase of a coffee cart and cover
in the amount of $28,365 for use at the Temecula Public Library and authorize the City Manager to
execute the purchase agreement.
BACKGROUND: Construction of the Temecula Public Library is nearing completion and
it is necessary to purchase the amenities that will be used to provide services to the community. It
has been determined that one desirable service would be the ability to offer coffee, soft drinks and
pre-packed snacks to library patrons. Staff has identified a self contained coffee cart that provides
all of the necessary fixtures to be able to offer these snack items. The coffee cart is very similar to
the one obtained by the City and operated at the Old Town Temecula Community Theater.
The coffee cart specifications have been submitted to the County Department of Environmental
Health in order to obtain a health permit. Because the manufacturer and the cart components are
the same at the cart at the theater, staff is confident that the City will be successful in obtaining the
health permit prior to the opening of the library.
The City also released a Request for Qualifications (RFQ) from vendors who would be interested in
operating the coffee cart and the library. The submittals to the RFQ were due on August 3, 2006.
Staff will evaluate the proposals and schedule interviews with the top ranked vendors. Staff will
bring a recommendation to award an agreement to the top ranked concessionaire to operate the
coffee cart at a later date. The amount of shared revenues to the City generated by the sale of
goods will be determined through the negotiation process with the concessionaire.
FISCAL IMPACT: Cost of the coffee cart and cover is $28,365. Sufficient funds are
appropriated in the Library Capital I mprovement Project for fiscal year 2006/07 for the purchase of
the cart. Annual revenues to be generated from use of the cart will be negotiated with the
successful respondent to the vendor RFQ.
ATTACHMENTS:
Quote for Purchase of Coffee Cart and Cover
A&B DESERT SERVICES
Invoice
32172 Via Bejarano
Temecula, CA 92592
(760) 320-9236 phone
(951) 302-0276 fax
Date
Invoice #
7/17/2006
50083
Bill To
CITY OF lEMECULA
ATfENTION: ACCOUNTS PAYABLE
P.O. BOX 9033
lEMECULA, CA 92589-9033
AITN'. lV\AfCT IN 6&T'T?
Service To
CITY OF lEMECULA
43200 BUSINESS PARK DRIVE
lEMECULA, CA 92590
P.O. Number Tenns Due Date Rep Svc. Date Serial # Work Order #
Due on receipt 7/17/2006 CC
Quantity Item Code Description Price Each Amount
I COFFEE CART 8' COFFEE CART: Cabinet: Chenywood veneer, 17,995.00 17,995.00T
Counter tops: Charcoal Matrix, Standard VS8 I 0
plumbing system.
I MISC. PARTS Custom match Cherry stain to customer's sample 350.00 350.00T
I FRAME 8' LONG, 2" TIJBULAR METAL FRAME:has 6" . 0.00 O.OOT
casters: 2 fixed; 2- swivel with brakes
I REFRIGERATOR UCR27SD BEVERAGE AIR REFRIGERATOR 0.00 O.OOT
I MISC. PARTS UPGRAGE ELECTRICAL 220 VOLT / 60 AMP MAIN, 150.00 150.00T
power espresso circuit to be determined
I CANOPY CART CANOPY: CANVAS: Upgrade to Double Dome 995.00 995.00T
shape. Fabric: SunbreUa "Black"
I MISC. PARTS STAINLESS SlEEL CANOPY POLES, FLANGES, 350.00 350.00T
AND CABINET HARDWARE.
I FOOD ENCLOSU... FOOD ENCLOSURE: Standard food enclosure with 1,670.00 1,670.00T
swing doors to fitVS810 cart, Silver colored clear finish
I MSU MOBIL SUPPORT UNIT; includes fresh and waste 3,100.00 3,100.00T
hauling systems, pumps, connectors & hoses, chemical
tote. Unit does not include decorative cladding.
I FREIGHT FREIGHT 500.00 500.00
I SECURITY COV... 8' SECURITY COVER 1,250.00 1,250.00T
Please remit to above address. . .
Subtotal
. .. .
Sales Tax (7.75%)
.
Total
Page 1
A&B DESERT SERVICES
Invoice
32172 Via Bejarano
Temecula, CA 92592
(760) 320-9236 phone
(951) 302-0276 fax
Date
Invoice #
7/17/2006
50083
Bill To
CITY OF TEMECULA
ATfENTION: ACCOUNTS PAYABLE
P.O. BOX 9033
TEMECULA, CA 92589-9033
Service To
CITY OF TEMECULA
43200 BUSINESS PARK DRIVE
TEMECULA, CA 92590
P.O. Number Terms Due Date Rep Svc. Date Serial # Work Order #
Due on receipt 7/17/2006 CC
Quantity Item Code Description Price Each Amount
nt.'5o.o/",ilil!l1I!WSFE@P.$1"4;182.08~'fSBUE~BEF@RE"
THECARTWILLBEGINT@BEMANUFACTURED
TO'TIIE'ABOVECCUSTOM.SPECIFICATIONS' *..* .
TIIANK YOU
Please remit to above address.
Subtotal $26,360.00
Sales Tax (7.75%) $2,004.15
Total $28,364.15
Page 2
ITEM NO. 11
Approvals
City Attorney
Director of Finance
City Manager
V
/J12-
Cf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
August 8, 2006
SUBJECT:
Authorize Temporary Street Closure of Third Street between Old Town Front
Street and Murrieta Creek for the Hot Summer Nights Bluegrass Session
scheduled for August 11 and 12, 2006 and Delegate Authority to Issue a Special
Events/Street Closures Permit to the Director of Public Works/City Engineer
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULAAUTHORIZING TEMPORARY STREET CLOSURE OF
THIRD STREET BETWEEN OLD TOWN FRONT STREET AND
MURRIETA CREEK FOR THE HOT SUMMER NIGHTS
BLUEGRASS SESSION AND AUTHORIZING THE CITY
ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL
EVENT
BACKGROUND: This year's 'Hot Summer Nights' will include Bluegrass artists
performing at various locations within Old Town during the weekend of August 11 and 12. One of
the proposed stage locations for the performances necessitates the physical closure of Third Street
between Old Town Front Street and Murrieta Creek. The Third Street Closure will be from 6:00 AM
on Friday August 11th to midnight on Saturday August 12th, 2006. The street closure will also serve
to accommodate and provide the free movement of pedestrian traffic by minimizing potential
vehicular-pedestrian conflicts. Old Town Front Street shall remain open to through traffic at all
times.
Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those
highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for,
among other instances, "temporary closing a portion of any street for celebrations, parades, local
special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the
closing is necessaryforthe safety and protection of persons who are to use that portion of the street
during the temporary closing".
The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards
and procedures for special events on public streets, highways, sidewalks, or public right of way.
While a process was established for reviews and approvals, no mechanism was provided for
delegating authority to temporarily close streets, or portions of streets, for these special events.
The recommended resolution delegates the authority to approve temporary street closures for the
Hot Summer Nights Bluegrass Session sponsored by the City of Temecula. This authority is limited
to and delegated to the City Engineer (or an authorized representative) only. Any other special
events requiring temporary street closures, construction related closures, etc., remain subject to the
approval of the City Council subject to rules and regulations established by the City Council. These
rules and regulations shall also be adopted by resolution in accordance with California Vehicular
Code Section 21101.
FISCAL IMPACT: The costs of police and for provision, placement, and retrieval of
necessary warning and advisory devices by the Temecula Community Services Department and the
City Public Works Maintenance Division are included in budgetary items.
ATTACHMENTS:
1.
2.
Resolution No. 2006-
Location Map
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AUTHORIZING TEMPORARY. STREET
CLOSURE OF THIRD STREET BETWEEN OLD TOWN
FRONT STREET AND MURRIETA CREEK FOR THE HOT
SUMMER NIGHTS BLUEGRASS SESSION AND
AUTHORIZING THE CITY ENGINEER TO ISSUE A
PERMIT FOR THIS SPECIFIC SPECIAL EVENT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, the California State Vehicular Code provides for the promulgation of
rules and regulations for the temporary closure of public streets by local authorities by
Resolution; and,
WHEREAS, the City Council desires to establish rules and regulations for the
temporary closure of public streets in the interest of promoting safety and protection;
and,
WHEREAS, the City of Temecula desires to authorize the closure of public
streets for the Bluegrass Session of the H(lt Summer Nights in Old Town sponsored by
the City of Temecula, for which such temporary street closure promotes the safety and
protection of persons using or proposing to use those streets for this special event; and,
WHEREAS, the City Council desires to facilitate the issuance of permission to
temporarily close public streets, specifically Third Street Old Town Front Street and
Murrieta Creek for the Bluegrass Session of the Hot Summer Nights in Old Town; and,
NOW, WHEREAS, the City Council desires to authorize the City Engineer to
approve temporary street closures for the Bluegrass Session of the Hot Summer Nights
in Old Town sponsored by the City of Temecula, and to establish the general rule that
all other proposed temporary street closures shall be reviewed and approved subject to
conditions, or disapproved, by the City Council; and,
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula,
hereby authorizes the City Engineer to permit temporary street closures for the
Bluegrass Session of the Hot Summer Nights in Old Town scheduled from 6:00 AM
Friday August 11th to midnight August 12th, 2006 and establishes the general rule that
all other temporary public street closures shall be approved or denied approval by the
City Council.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 8th day of August, 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 8th day of August, 2006, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
Ho,t Summer Nights
131iue1nm;~e.l1d
A.UlI_ 11 aDd 11'
.VENOORSINONFOOD
.tlW~' ~ u~
010. ]~at. ;,t noem
ell_d ~night uti!. ](1 p,m...
$aI"liiday.
HOURS O,P OPIiltATlON:
5 pa. to. '9 p.m.
* Bands wl1e;n ORk Sicl1ediDlle
CarJiap iRides ..kII,9-Augpsl27
ITEM NO. 12
Approvals
City Attorney
Director of Finance
City Manager
~
IJIl
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
August 08, 2006
SUBJECT:
First Amendment to Professional Consultant Services Agreement for Bridge
Fencing Project - Project No. PW05-09
PREPARED BY:
Greg Butler, Principal Engineer
William Becerra, Assistant Engineer
RECOMMENDATION: That the City Council approve the First Amendment to the
Professional Consultant Services Agreement with Nolte Associates, Inc. for the Bridge Fencing
Project, Project No. PW05-09 in the amount of $20,000.00, and authorize the Mayor to execute the
amendment.
BACKGROUND: On September 1, 2005, the City of Temecula entered into a
Professional Services Agreement with Nolte Associates, Inc. in the amount of $19,565.00 to provide
professorial engineering services for the Bridge Fencing Project, PW05-09.
At the Rancho California Road and Overland Drive Over crossings at Interstate 15, the retrofit of the
existing barrier with chain link fencing is on-going. It is intended to add Architectural Enhancements,
after completion of construction, to the chain link fence. This First Amendment will provide the
necessary professional engineering services to perform the necessary structural analysis to prove
these enhancements meet Caltrans standards and to appropriately route it through the Caltrans
permitting process. The enhancements will not negatively impact the Caltrans bridges.
The City has previously contracted with a local artist to provide a mock-up of the design submittal for
the enhancements. On June 27, 2006, the Infrastructure Beautification Committee (IBC) provided
direction to proceed with the Caltrans review process of the Architectural Enhancements.
FISCAL IMPACT: Adequate funds are available in the Public Works Administration
Operating Budget for Fiscal Year 2006-2007 Consulting Services to cover the design costs for this
project.
ATTACHMENTS:
First Amendment
FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
. NOLTE ASSOCIATES,INC.
BRIDGE FENCING PROJECT
PROJECT NO. PW05-09
THIS FIRST AMENDMENT is made and entered into as of August 8, 2006 by and
between the City of Temecula, a municipal corporation ("City") and Nolte Associates,
Inc.("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On September 1, 2005 the City and Consultant entered into that certain
agreement entitled "Agreement for Professional Consultant Services for the Bridge Fencing
Project" ("Agreement") in the amount of Nineteen Thousand Five Hundred Sixty Five Dollars
and No Cents ($19,565.00).
2. Section 1 - TERM of the Agreement is hereby amended to read as follows:
TERM. This Agreement shall commence on September 1, 2005 and shall
remain and continue in effect until tasks described herein are completed, but in no event later
than June 30, 2007, unless sooner terminated pursuant to the provisions of this Agreement.
B. The parties now desire to increase the payment for additional design
services in the amount of Twenty Thousand Dollars and No Cents ($20,000.00) and amend
the Agreement as set forth in this Amendment.
2. Section 5 a - Pavment of the Agreement is hereby amended to read as follows:
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit A for services
described in Exhibit A, attached hereto and incorporated herein by this reference
as though set forth in full. The First Amendment for amount shall not exceed
Twenty Thousand Dollars and No Cents ($20,000.00) for additional
architectural rendering design for a total contract amount, of Thirty-Nine
Thousand Five Hundred Sixty Five Dollars and No Cents ($39,565.00).
3. Exhibit B to the Agreement is hereby amended by adding thereto the items set
forth in Attachment "A" to this Amendment, which is attached hereto and
incorporated herein as set for in full
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Nolte Associates, Inc.
15070 Avenue of Science
San Diego, CA 92128
(858) 385-0500
(Two Signatures Required For Corporations)
ATTACHMENT A
BRIDGE FENCING PROJECT
PROJECT NO. PW05.09
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
I'JOl:rE
BEYOND ENGINEERING
July 17,2006
William Becerra
Assistant Engineer, Capital Projects
Department of Public Works
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Subject:
Amendment to Bridge Fencing Project No. PW05-09
Dear Mr. Becerra,
Based on our discussion with you over the phone, we understand that the City would like to
amend our existing contract to design architectural renderings on the already approved Chain
Link Fence for both Overland Drive and Rancho California Road Overcrossings, and process
the approval through Caltrans.
PROJECT BACKGROUND
Nolte Associates was selected by the City of Ternecula back in September 2005 to retrofit the
existing concrete barrier on the south side of Overland Drive and Rancho California Road
Overcrossings by adding a Chain Link Fence for safety purposes. It was the City's intent
back then to incorporate an architectural theme onto the fence over the freeway area to give it
some character and make it pleasing to the traveling motorists. In order to accommodate this
future additional architectural feature, we were directed to double up on the post spacing of
the chain link fence in the area over the freeway.
Nolte successfully processed the approval of the plans and specifications and obtained a
permit from Caltrans in January 2006.
Since then, the City retained the services of a local artist who drew some rendering concepts
and constructed a sample. Nolte has picked up the sample from the City in order to prepare
this proposal.
SCOPE OF WORK
Based on the above understanding, there are two possible approaches to this process:
A. Provide appropriate calculations to Caltrans for their approval.
B. Prepare Plans, Specifications, and Estimates for their approval.
Assuming process A is acceptable to Caltrans, our scope of work will consist of the
following:
Task 1 - Analvsis:
1. Obtain from the City or the artist, the final specifications for the materials to be used.
2. Calculate the additional dead load imposed and check the adequacy of the overhangs
for both structures.
3. Calculate the additional wind loading imposed and check the adequacy of the pole
connections to the barrier, and barrier connection to the bridge deck. We will first
assume that the panel is solid. If our results show that the connections are
inadequate, we will then determine, based on the sample obtained, the actual percent
of the surface area that will attract the wind loading and re-check. If results are
adequate, we're done. If not, we will then determine the maximum surface area that
can be used for architectural renderings, based on the available capacity.
Task 2 - Processin!!:
1. Prepare a schematic detail to submit to Caltrans with our calculations for their
approval.
2. Respond to any comments they may have, refine our analysis accordingly, and re-
submit.
3. Once approved, we will inform the City and handle the detail changes in the same
manner as "As-Built" corrections.
Our estimated cost for.this approach is $10,163.
Assuming process B is required by Caltrans, our scope of work will be as follows:
Task 1 - Analvsis:
Sam as above.
Task 2 - Preliminarv PS&E:
1. Prepare detailed drawings (2 sheets) to be inserted into the set of plans we have. We
will rely on the information received from the City and the artist for this task.
2. Perform an independent check of the calculations.
3. Download, assemble, and edit the appropriate specifications.
4. Prepare quantities for backup only; we are assuming that this item of work can be
handled as a lump sum item.
5. Submit package to District Permit Engineer for review. All plan sheets will have to
be folded to Calttans requirements prior to submittal. The District Permit Engineer
will then forward our package to Sacramento for review and approval. This task may
potentially require us to travel to Sacramento to defend our analysis.
Task 3 - Final PS&E:
I. Incorporate comments received from Caltrans and the City.
2. Revise calculations and specifications accordingly.
3. Re-submit for final approval.
Our fee for this process isslightIy higher and estimated to be $20,000.
EXCLUSIONS:
It is not anticipated that this project would require any environmental documentation.
However, should it become necessary, we can quickly obtain the services of an
environmental consultant to assist in the preparation of a PEER which is typically required on
a Permit Encroachment project with Caltrans.
The following services are expressly excluded from this scope of work:
· Surveying and mapping
. Geotechnical investigation and report
· Bridge design analyses
. Traffic control plans
· Utility relocation and design
. Construction management and construction inspection
FEE ESTIMATE:
We propose to provide the above services on a time and materials basis in accordance with
either process A or B above. A breakdown of hours and dollars by task is attached as an
excel file.
If you have any questions regarding this proposal, please do not hesitate to call me at your
convenience. I can be reached on my office direct line at (858) 385-2128, or on my cell
phone at (858) 705-2430.
Again, thank you for the opportunity you are giving us to be of service to you.
Respectfully submitted,
Nolte Associates, Inc.
J ck L. Abcarius, P.E.
. ngineering Manager
ITEM NO. 13
Approvals
City Attorney
Director of Finance
City Manager
~r-
/J/2
tf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman Parker, Director of Community Services
John Meyer, Director of Redevelopment
DATE:
August 8, 2006
SUBJECT:
Project Funding, Acceptance of Improvements and Notice of Completion for the
Old Town Temecula Community Theater - Project No. PW02-23
PREPARED BY:
William Hughes, Director of Public Works
Greg Butler, Principal Engineer
David McBride, Senior Engineer
RECOMMENDATION:
That the City Council:
1. Approve an increase in contingency funds of $50,642.20, which is equal to 0.71 % of
the base contract amount, and authorize the City Manager to approve change orders
not to exceed the total contingency amount of $1,707,442.20 which represents
23.82% of the base contract amount; and.
2. Allocate $300,000.00 from RDA Capital Project Fund Balance to Old Town
Temecula Community Theater Project.
3. Accept the project, Old Town Temecula Community Theater, Project No. PW02-23
as complete; and
4. File a Notice of Completion, release the Performance Bond, and accept a one year
Maintenance Bond in the amount of 10% of the contract amount; and
5. Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
BACKGROUND: On February 10, 2004, the City Council approved a construction
contract with Tovey Shultz Construction, Inc. (TSCI) in the amount of $7,168,000.00 and authorized
a contingency in the amount of $716,800, 10% of the contract amount, for a total authorization of
$7,884,800.0n May 10, 2005, the City Council approved a $940,000 increase to the contingency
primarily for renovation of the Mercantile Building, which increased the total contingency to
$1,656,800,23.11 % of the contract amount, for a total authorization of $8,824,800.
In order to close out the project $1,707,442.20 in contingency funds is necessary, which is
$50,642.20 over the authorized contingency. Overall there were claims and/or disputed items
against the project, primarily by subcontractors, totaling $327,268.35. The additional allocation of
$300,000.00 from RDA Capital Projects Fund Balance will allow the Theater Foundation to utilize
their fund raising efforts to support various theatrical performances. Staff was able to negotiate and
settle all of these claims and disputes for $123,296.90, a reduction of $203,971.45, and staff
recommends that this settlement be approved. The $123,296.90 settlement, less the remaining
contingency of $72,654.70 leaves a deficit of $50,642.20. Accordingly, to fully fund the project an
additional $50,642.20 is needed.
With regard to the $1,707442.20 in approved or pending change orders, $449,088.97 (26.30%) is
related to unforeseen conditions in the design and the remainder of $1,258,353.23 (73.7%) are
items requested by the City. These requested items included some major cost items such as
renovation and repointing of the Mercantile interior ($693,220.49), audio upgrades ($160,000),
relocation of a storm drain system and adding site drains ($127,000), adding a stand alone air
conditioning system forthe information systems infrastructure ($35,000), plaques and lighting for the
donor and dancer walls ($40,000), sewer hook up fees ($37,900) and adding an alarm, access card
reader system and conduits between the Children's Museum and Theater, from the Theater to the
Muzak system in Old Town, and for connectivity for a WI-FI hotspot ($70,000). The remaining
amounts spent on City requested items involved smaller scale functional modifications and
enhancements to the facility.
The contractor has completed the work in accordance with the approved plans and specifications
and to the satisfaction of the City Engineer. The retention for this project will be released pursuant
to the provisions in Public Contract Code Section 7107.
FISCAL IMPACT: The Old Town Temecula Community Theater is funded through
Redevelopment Agency Bond Proceeds, Capital Project Reserves and Reimbursements in the form
of donations. As described above, an additional $50,642.20 in contingency funds is needed to fully
fund the project. Adequate funds are available in the Old Town Temecula Community Theater
PW02-23 account no. 210-190-167-5804. The total cost of construction is $8,875,442.20.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit and Final Release
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY QF TEMECULA
P.O. Box 9033
43200 Business Park Drive
T emecule, CA 925B9-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1, The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. The Nature of Interest is a Contract which was awarded by the City of Temecula to
Tovey/Shultz Construction, Inc. 18261 Collier Ave., Unit A, Lake Elsinore, CA 92530 to perform the
following work of improvement: .
OLD TOWN TEMECULA COMMUNITY THEATER
PROJECT NO. PW02-23
4. Said work was completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work was
accepted by the City Council of the City of Temecula at a regular meeting thereof held on August 8,
2006. That upon said contract the XL Specialty Insurance Company was surety for the bond given by
the said company as required by law.
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows:
Old Town Temecula Community Theater - Project No. PW02-23
6. The location of said property is: 42051 Main Street, Temecula, California
Dated at Temecula, California, this 8th day of August, 2006
City of T emecula
Susan W. Jones MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 8th day of August, 2006.
City of Temecula
Susan W. Jones MMC, City Clerk
R:\CIP\Prcijects\PW02~23\Agreements\Tovey Shultz Completion Note
B:n:l NJ. SBXB1705
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
FOR
PROJECT NO. PW02-23
OLD TOWN TEMECULA COMMUNITY THEA TER
KNOW ALL PERSONS BY THESE PRESENT THAT:
Tovey/Shultz CDnst~ction, Inc., 18261 Collier Avenue, Lake Elsinore, CA 92530
NAME AND ADDRESS CONTRACTOR'S
a Corporation.
(flIlln whether B Corporation, Partnership or lndivfduaQ
, hereinafter called Principal, and
XL Specialty Insurance Company I 914 Mt.. KA1hlp Aw., M1rri!=:t-rIJI. NT ~
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA,
hereinafter called OWNER, in the penal sum of Eight Hundred Eighty Tuo Thousand four Hundrad
Sixty Savan ----------~OLLARS and oO/loo's-----------CENTS
($B82,467.oo -) in lawful money of the United States, said sum being not less than ten
(10%) of the Contract value payable by the saId City of Temecula under the terms of the
Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Contract with the OWNER, dated the 10th day of fabruary, 2004, ii!OO~ a copy
. of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW02-
23, OLD TOWN TEMECULA COMMUNITY THEATER.
WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of one (1) year after approval of the final estimate on said job, by the OWNER,
against all defects in workmanship and materials which may become apparent during said period;
and
WHEREAS, the said Contract has been completed, and was the final estimate approved on _
,2004.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year
from the date of approval of the final estimate on said job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor workmanship In the execution of said work,
and the carrying out of the terms of said Contract, or It shall appear that defective materials were
Iumished thereunder, then this obligation shall remain In full force and virtue, otherwise this
instrument shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and
reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by
the City of Temecula in successfully enforcing this obligation. all to be taxed as costs and
included in any judgment rendered.
MAINTENANCE BONO
M.IC:lOocuments end SeUlngsWeonel1l\Local SelUngslTemporal)' Inlemel Fi~,\OLK1C\pw02-
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the terms of the Contract, or to the work to be performed thereunder, or to the specifications
accompanying the same, shall in any way affect Its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration, or addition to the terms of the
Contract, or to the work, or to the Specifications.
Signed and sealed this 7th
day of June, 2006.xxxxxxxxxxxxxxxxx~x2~.
(Seal)
By:
Beter
(Name)
af+~i~
(Tille)
1<av-.& SlA.
(Nam~ J
t>~ 9-.t .e,^-*"
(Tille)
By:
APPROVED AS TO FORM:
(Name)
Peler M. Thorson, City AlIomey
(Title)
MAlNleNANCE BOND
M-2C:\Documenls end Sall1ngs~leonaid\Local Salllngs\Tampomry Intamat FI~s\OLK1C\pW02-
ACKNOWLEDGMENT OF SURETY
STATE OF NEW JERSEY )
)
COUNTY OF MORRIS )
t+h day of ~'
,2006
BEFORE ME the undersigned authority, this day personally appeared Peter M. Ouinn,
who is personally known to me and to be the person who executed the foregoing instrument, and
acknowledged to me that he/she executed and delivered the same instrument for and on behalf of
XL Specialty Insurance Company as his/her free act and deed for the purpose therein stated.
SWORN TO and SUBSCRIBED before me this -, '-fA- day of ~
2006.
M
mmission Expires: March 8, 2007
BOND NO.: SMO 8/70.;;-
REBECCA CLi\IRE SHALHOUB
Notary Public
Slale of New Jersey
, ~"mmission Expires 3/8/2007
THIS IS NOT A BOND NUMBER
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW02-23
OLD TOWN TEMECULA COMMUNITY THEA TER
Tovey/Shultz Construction, Inc.
This is to certify that , (hereinafter the "CONTRACTOR") declares
to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor,
. services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents, employees or subcontractors used or in contribution to the
execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, or repair of that certain work of improvement known as PROJECT NO. PW02-23,
OLD TOWN TEMECULA COMMUNITY THEATER, situated in the City of Temecula, State of
California, more particularly described as follows:
42051 Main St., Temecula, CA 92589
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR.
Further, in connection with the final payment of the Contract, the CONTRACTOR hereby
disputes the following amounts:
Description
5% Re.tention
Dollar Amount to Dispute
$441,233.36
$ 50,774.76
Change Order 23
Pursuant to Public Contract Code g7100, the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any COntract amount which the
CONTRACTOR has not disputed above.
CONTRACTOR
Dated: June 8, 2006
By: ~// ~
- Signature
Steven H. Tovey - Sec./Treas.
Print Name and TiUe
RELEASE
R-1C:\Documents and Settings\kevint\Local Settings\T emporary Internet Files\OLK5\Pw02.23 t
ITEM NO. 14
Approvals
City Attorney
Director of Finance
City Manager
V
/JIL
L/
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Peter M. Thorson, City Attorney
DATE:
August 8, 2006
SUBJECT:
Approval of Agreements with Ashby USA, LLC and Seraphina Development LLC
for the acquisition of rights of way in connection with public improvements for
Nicholas Road
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AGREEMENTS PURSUANT TO
GOVERNMENT CODE SECTION 66462.5 WITH ASHBY USA LLC
AND SERAPHINA DEVELOPMENT LLC FOR THE ACQUISITION
OF PUBLIC RIGHTS OF WAY IN CONNECTION WITH PUBLIC
IMPROVEMENTS TO NICOLAS ROAD
BACKGROUND: Ashby USA (Roripaugh Ranch Development) is conditioned to
improve the Santa Gertrudis Creek Flood Channel in conjunction with improvements to the
intersection of Nicolas Road and Calle Girasol. Proper channel design and environmental agency
requirements have necessitated that the channel improvements be extended to Liefer Road and
may also require the replacement of the Liefer Road Bridge. The Seraphina Development (Tract
No. 32346) is located on the north side of Nicolas Road, just east of Joseph Road. This
development is also conditioned to provide Santa Gertrudis Creek channel and Nicolas Road
improvements along the frontage of their subdivision.
Both Developers have been negotiating with the owners of several properties affected by the
channel and roadway improvements. So far, the parties have not been able to reach satisfactory
agreements. In order to avoid further delays, the Developers have requested that the City attempt
to acquire the necessary right-of-way. Once the right-of-way is acquired, it will be transferred to
Riverside County Flood Control and the Developers will be able to construct the improvements. In
this case, the majority of the needed property is within an existing floodway and the channel
improvements will actually ensure that the remaining property is protected from flooding.
In this instance, the Developers would enter into an Agreement with the City to pay for all City costs
that will be incurred in the acquisition process and also requires the Developers to post a deposit for
these costs. These costs will include appraisals, land and improvements, legal fees, title policy fees,
and all other costs associated with the property acquisition process.
FISCAL IMPACT: None. The proposed Agreements, if approved by the City Council at
Open Session, require the Developers to pay all the City's costs in acquiring the properties.
ATTACHMENTS:
Vicinity Map
Resolution No. 06-
Agreement with Ashby USA LLC
Agreement with Seraphina Development LLC
.
City ofTemecula GIS Application: Map!R.eport Window
Page 1 ofl
City ofTemecula
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(951)30106300 www,dtyottcmccuJl.OIJ
Title Ju~n Delval
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1060 NICOLAS RD .
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131060 NICOLAS RD
ITEMECULA CA 92591
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. 07/17 /}.006
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AGREEMENTS PURSUANT
TO GOVERNMENT CODE SECTION 66462.5 WITH
ASHBY USA LLC AND SERAPHINA DEVELOPMENT LLC
FOR THE ACQUISITION OF PUBLIC RIGHTS OF WAY IN
CONNECTION WITH PUBLIC IMPROVEMENTS TO
NICOLAS ROAD
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City council of the City of Temecula hereby approves those two
certain agreements entitled (1) "Agreement Between the City of Temecula and Ashby
USA LLC for the Acquisition of Certain Property for Public Rights of Way in connection
with the Improvements to Nicolas Road" and (2) "Agreement Between the City of
Temecula and Seraphina Development LLC for the Acquisition of Certain Property for
Public Rights of Way in connection with the Improvements to Nicolas Road" with such
changes in each document as many be mutually agreed upon by the parties and the
City Manager as are in substantial conformance with the form of such agreement as
attached hereto. The Mayor is hereby authorized to execute said agreements, including
related exhibits and attachments on behalf of the City.
Section 2. The City Manager (or his designee) is hereby authorized, on behalf
of the City, to take all actions necessary and appropriate to carry out and implement the
Agreements and to administer the City's obligations, responsibilities, and duties to be
performed under the Agreements.
Section 3. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 8th day of August, 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 8th day of August, 2006, by the
following vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAIN:
Susan W. Jones, MMC
City Clerk
Agreement with Ashby USA LLC
AGREEMENT BETWEEN THE CITY OF
TEMECULA AND ASHBY USA, LLC FOR THE
ACQillSITION OF CERTAIN PROPERTY FOR
PUBLIC RIGHTS OF WAY IN CONNECTION WITH
THE IMPROVEMENTS TO NICOLAS ROAD
TillS AGREEMENT ("Agreement") is made and entered into as of August 8,
2006 by and between the CITY OF TEMECULA, a general law city in the State of
California ("City"), and ASHBY USA, LLC, a California limited liability company
("Developer"). In consideration of the mutual covenants and agreements contained in
this Agreement, the parties hereto agree as follows:
I. Recitals. This Agreement is made with respect to the following facts and
for the following purposes, each of which is acknowledged as true and correct by the
parties:
a. On December 17, 2002, the City ofTemecula approved a
Development Agreement between the City and Developer which agreement was
recorded in the Official Records of Riverside County as Document No. 2003-
018567 on January 9, 2003 ("Development Agreement").
b. On November 26, 2002, the City of Temecula approved the
Roripaugh Ranch Specific Plan (SP I I) which provides a specific plan for 804.7
acres consisting of the development of2,015 dwelling units, 110,00 square feet of
neighborhood commercial retail space, a 12-acre elementary school site and a 20-
acre middle school site, a 19.7-acre sports park, a 4.8-acre neighborhood park, a
fire station site, and 202.7 acres of open space, flood control improvements to
Santa Gertrudes Creek and Long Valley Wash, and on-site and off-site public
infrastructure improvements ("Project").
c. On November 26,2003, the City of Temecula approved
Tentative Tract Map No. 29353 within the City of Temecula ("Tentative Tract
Map") along with conditions of approval for the map. The Tentative Tract Map is
valid for the duration of the Development Agreement.
d. Developer is the owner of the land included within the
Development Agreement and Tentative Tract Map except for certain parcels
which have been sold to merchant builders. Under the Development Agreement,
the Developer is responsible for the construction and installation of the on-site
and off-site public improvements required for the Project.
e. Pursuant to the Development Agreement and the Tentative
Tract Map, Developer is obligated to improve Nicolas Road from the western
Project boundary to 450 feet east of the existing Nicolas Road/Calle Girasol
11086/0004/904824.1 August 8, 2006
I
intersection. Developer's obligation with respect to this portion of Nicolas Road
is described in Attachment 5, ON-SITE AND OFF-SITE IMPROVEMENTS,
page 47 of the Development Agreement which requires the Developer to
construct the following:
"2. Nicolas Road - Construct 40' width
improvements from 450 feet east of the existing Nicolas
Road/Calle Girasol intersection to Liefer Road including
the full width bridge structure over Santa Gertrudis Creek.
"3. Calle Girasol and Nicolas Road/Calle
Girasol intersection - Realign existing Calle Girasol to its
ultimate intersection with Nicolas Road including right-of-
way acquisition."
Condition No. 76, Specific Plan Phase 1, b.i. and b.iii. of the Tentative
Tract Map also requires that the Developer:
"i. Improve Nicolas Road from the western
project boundary to 450 feet east of the existing Nicolas
Road/Calle Girasol intersection (Specific Plan Modified
Secondary Road - 110' R/W, Section K) to include
installation of 40- foot width on center improvements,
paving, asphalt concrete berm including signing and
striping, utilities (including but not limited to water and
sewer) and a 6-foot wide curb separated asphalt concrete
path on the north side.
"iii. Provide secondary access by constructing
improvements for one of the following options:
a. If Nicolas Road is designated as the
secondary access route, the following improvements shall
be completed:
i. Construct 40 foot on center
improvements (Specific Plan Modified Secondary Road -
110' R/W, Section K) from 450 feet east of the existing
Nicolas Road/Calle Girasol intersection to Leifer Road
including paving, asphalt concrete berm, including signing
and striping, utilities (including but not limited to water and
sewer) and the full-width bridge structure over and within
Santa Gertrudis Creek.
u. Realign
Girasol to its ultimate intersection
including right-of-way acquisition.
existing Calle
with Nicolas Road
11086/0004/904824.1 August 8, 2006
2
iii. The Developer shall provide
adequate bank protection, as approved by the City
Department of Public Works and RCFC&WCD, to allow a
bridge crossing at Nicolas Road/Calle Girasol along Santa
Gertrudis Creek Nicolas Road will not be accepted into the
City's maintained street system until all ofIsite channel
improvements are complete and accepted by the City and
RCFC&WCD."
f. The improvements to the intersection of Nicolas Road and
Calle Girasol require that Developer improve the Santa Gertrudis Creek Flood
Control Channel. Proper channel design and environmental agency requirements
require that the channel improvements be extended to Liefer Road. These
channel improvements may also require the replacement of the Liefer Road
Bridge. Certain property interests are required for these proposed improvements.
g. The necessary rights of way to be acquired pursuant to this
Agreement for the improvement to Santa Gertrudis Creek Flood Control channel
in connection with the improvements to Nicolas Road are described on Exhibit
"A," attached hereto and incorporated herein by this reference as though set forth
in full (referred to hereafter as "Subject Property Interests"). Developer has made
a good faith effort to procure the Subject Property Interests but has thus far been
unable to acquire them.
h. Developer has requested the City to acquire the Subject
Property Interests pursuant to Government Code Section 66462.5 and Section
3.1.3.5 of the Development Agreement.
i. The parties recognize that City cannot exercise its power of
eminent domain until a Resolution of Necessity has been adopted by the City's
legislative body pursuant to law. This Agreement is neither a commitment nor an
announcement of an intent by the City to acquire any or all of the Subject
Property Interests that may be affected by the Developer's project or needed for
the improvements to the Santa Gertrudis Channel in connection with the
improvements to Nicolas Road.
j. Developer acknowledges and agrees that the costs it will
incur under this Agreement are reasonably related to the Project and the Nicolas
Road improvements are necessary for the Project.
2. Citv Acquisition of Subiect Property Interests for Improvements to Santa
Gertrudis Channel in Connection with Improvements to Nicolas Road. In accordance
with and subject to all of the terms, covenants and conditions of this Agreement, the City
agrees to the following:
I 1086/0004/904824. I August 8, 2006
3
a. The City shall obtain an appraisal of the Subject Property
Interests in accordance with the requirements of the Eminent Domain Law.
b. The parties agree that City shall, in good faith and pursuant
to the requirements oflaw, negotiate with the current owners of the Subject
Property Interests in order to attempt to acquire the necessary Subject Property
Interests without the necessity of eminent domain proceedings.
c. If such negotiations prove unsuccessful, City shall begin
the preacquisition procedures required by law in connection with condemnation
proceedings.
d. Subject to the full satisfaction ofthe negotiation and notice
requirements imposed by law, City shall schedule a hearing to consider adoption
of a Resolution of Necessity for acquisition of the Subject Property Interests by
Eminent Domain.
e. City shall file condemnation proceedings for the purpose of
acquiring the Subject Property Interests if: (1) The City Council determines that
all applicable laws relating to the appraisal and required negotiation have been
complied with; (2) the City Council has considered all of the facts presented at the
hearing for the Resolution of Necessity by Staff and the owners of the Subject
Property Interests bearing on the findings required for a Resolution of Necessity;
(3) the City Council, in its sole and exclusive discretion, makes the findings
necessary for a Resolution of Necessity under the Eminent Domain Law by the
requisite vote; and (4) the City Council elects, in its sole and exclusive discretion,
to adopt such Resolution of Necessity.
f. If the Council elects, in its sole and exclusive discretion, to
adopt a Resolution of Necessity and initiate eminent domain proceedings, such
proceedings shall be promptly filed following the adoption of the Resolution of
Necessity, and diligently prosecuted by City.
g. If the Council elects, in its sole and exclusive discretion, to
adopt a Resolution of Necessity and initiate eminent domain actions, the City
shall also seek an order of immediate possession of the Subject Property Interests.
h. The parties hereto do recognize that if condemnation
proceedings are required as to the Subject Property Interests, City may not be able
to obtain the necessary title to the Subject Property Interests within the time
required pursuant to the provisions of this Agreement and, thus, Developer waives
the time requirements of Government Code Section 66462.5.
i. The parties hereto further agree that ifthere is a final
determination in such eminent domain proceedings finding that the City does not
have, as to any of the Subject Property Interests the right to take, within the
meaning of the Eminent Domain Law, or the City elects not to adopt a Resolution
of Necessity this Agreement may be terminated by the City.
11086/0004/904824.1 August 8, 2006
4
j. Developer agrees to pay all costs ofthe City necessary for
the acquisition ofthe Subject Property Interests, including, but not limited to,
payments for land and improvements on the land, severance damages, fixtures
and equipment payments, payments for business goodwill, pre-condemnation
damages, relocation assistance and benefits, abandonment damages, attorneys'
fees, litigation expenses, consultant fees and costs, appraiser fees and costs, title
policy and litigation guarantee charges and costs, deposits, any sum paid as and
for settlement of any eminent domain proceeding filed by the City for the
acquisition of the Subject Property Interests, and such other payments, costs or
expenses arising out ofthe City's acquisition of the Subject Property Interests.
Developer agrees that City shall exercise exclusive control of the acquisition of
the Subject Property Interests and, if necessary, an eminent domain action to
acquire the Subject Property Interests.
k. City and Developer shall cooperate in the acquisition
process and keep each other fully advised of the progress of the acquisitions.
I. Developer has deposited with the City the sum of
dollars ($ .00) which sum is the estimated costs of the
appraisal of the Subject Property Interests and the preliminary estimate of
attorney fees and costs for the acquisition of the Subject Property Interests and
eminent domain action, if required, and which sum shall be applied to the costs of
the acquisition of the Subject Property Interests. Ifthe Director of Finance
determines that the amount of the actual costs incurred by the City for the
appraisal and legal fees will be more than the amount ofthe deposit, the
Developer shall transfer to City or City's bank, such amounts as the Director of
Finance determines necessary for the acquisition costs within five (5) business
days ofa written request from the Director of Finance. If the amount of the actual
costs incurred by the City is less than the amount ofthe deposit, then the City
shall refund the difference to the Developer, without interest, within ten (10)
working days following either the close of escrow for acquisition ofthe Subject
Property Interests, notice of the Court's entry of the Final Order of
Condemnation, or the determination by the City, in its sole and exclusive
discretion, that the eminent domain action is final and no further rights of appeal
are possible.
m. Within ten (10) days of a written request from the Director
of Finance, Developer shall deposit with the City or City's bank, such amount,
either in whole or in part, as the Director of Finance determines is the value of the
Subject Property Interests, and closing costs. Developer understands and
acknowledges that such demand may occur at any time after the execution of this
Agreement as may be necessary for the deposit of probable compensation
pursuant to the Eminent Domain Law at the time of filing an eminent domain
action, settlement of the eminent domain action, or to close escrow pursuant to a
negotiated purchase and sale agreement.
11086/0004/904824.1 August 8, 2006
5
n. In the event Developer does not make the deposits
described in this Agreement in the times required by this Agreement, City may, at
its discretion, pay for the expenses described in this Agreement. Developer
agrees that in such event the City may recover the expenses from the Performance
Bond for the subdivision improvements for the Project.
3. Negation of Agencv. The parties acknowledge that, in entering into and
performing under this Agreement, each is acting as an independent entity and not as an
agent of the other in any respect. Nothing contained herein or in any document executed
in connection herewith shall be construed as making the City and Developer joint
venturers, partners, agents of the other, or employer/employee.
4. Notices. All notices under this Agreement shall be in writing and
shall be deemed delivered when personally received by the addressee, or within three (3)
working days after deposit in the United States mail by registered or certified mail,
postage prepaid, return receipt requested, to the following parties and their counsel at the
addresses indicated below, provided, however, if any party to this Agreement delivers a
notice or causes a notice to be delivered to any other party to this Agreement, a duplicate
of that Notice shall be concurrently delivered to each other party and their respective
counsel.
To City:
City of Temecula
Attention: City Manager
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-1033
With a Copy to:
Peter M. Thorson, Esq.
Richards, Watson & Gershon
355 South Grand Ave., 40th Floor
Los Angeles, CA 90071
To Developer:
Ashby USA, LLC
39252 Winchester Road, Suite 107-393
Murrieta, CA 92563
Attention: Sunny Kopp, Project Manager
Ashby Development Company, Inc.
Justin Ashby, President
470 E. Harrison Street
Corona, CA 92879-1314
5. Time of Essence. Time is of the essence for each provision ofthis
Agreement of which time is an element.
11086/0004/904824.1 August 8, 2006
6
6. Force Maieure.
a. In addition to specific provisions of this Agreement,
performance by either party hereunder shall not be deemed to be in default, and
all performance and other dates specified in this Agreement shall be extended,
where party seeking the extension has acted diligently and delays or defaults are
due to events beyond the reasonably control of the party such as but not limited
to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires;
casualties; acts of God; acts of the public enemy; epidemics; quarantine
restrictions; freight embargoes; intragalactic invasion; lack oftransportation;
litigation; unusually severe weather; or any other causes beyond the control or
without the fault of the party claiming an extension oftime to perform.
b. Notwithstanding anything to the contrary in this
Agreement, an extension oftime for any such cause shall be for the period of the
enforced delay and shall commence to run from the time of the commencement of
the cause, if notice by the party claiming such extension is sent to the other party
within thirty (30) days of the commencement of the cause.
c. Times of performance under this Agreement may also be
extended in writing by the mutual agreement of City Manager and the Developer.
7. Waiver. No waiver of any provision ofthis Agreement shall be
effective unless in writing and signed by a duly authorized representative of the party
against whom enforcement of a waiver is sought.
8. No Third Party Beneficiaries. This Agreement is made and entered
into for the sole protection and benefit ofthe Developer and the City of Temecula and
their successors and assigns. No other person shall have any right of action based upon
any provision of this Agreement.
9. Attornevs' Fees. If any party commences any action for the
interpretation, enforcement, termination, cancellation or rescission of this Agreement, or
for specific performance for the breach hereof, the prevailing party shall be entitled to its
reasonable attorneys' fees, litigation expenses and costs. Attorneys' fees under this
Section shall include attorneys' fees on any appeal as well as any attorneys' fees incurred
in any post-judgment proceedings to collect or enforce the judgment.
10. Integration of Terms. This Agreement represents the entire agreement of
the parties with respect to the acquisition of the Subject Property Interests. This
Agreement integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiations or previous agreements between the parties or
their predecessors in interest with respect to all or any part of the subject matter hereof,
except for the Subdivision Improvement Agreement for the Tract between the City and
the Developer.
11086/0004/904824.1 August 8, 2006
7
11. Investigation bv Developer. Developer warrants and represents to the
City that it has investigated all of the costs and expenses ofthe acquisition of the Subject
Property Interests and the potential eminent domain action Developer is requesting.
Developer further represents and warrants that it has had the opportunity to review the
terms of this Agreement with legal counsel.
12. Governing Law. This Agreement shall be construed and interpreted
in accordance with the laws of the State of California.
13. Counterparts. This Agreement may be executed in counterparts, each of
which shall be an original instrument, and all when taken together, shall constitute this
Agreement.
/1/
/1/
11086/0004/904824.1 August 8, 2006
8
IN WITNESS WHEREOF, the Parties have each executed this Agreement of the
date fIrst written above.
CITY OF TEMECULA
Ron Roberts
Mayor
ATTEST:
Susan Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
11086/0004/904824.1 August 8, 2006
9
ASHBY USA, LLC, a California limited
liability company
By: Ashby Development Company, Inc., its
Managing Partner
By:
Justin K. Ashby
President
By: USA Investment Partners, LLC, a
Nevada limited liability company, its
member
By: USA Commercial Mortgage
Company, a Nevada corporation, its
non-Member Manager.
By:
Joseph D. Milanowski
President
11086/0004/904824.1 August 8, 2006 10
EXHIBIT "A"
DESCRIPTION OF SUBJECT PROPERTY INTERESTS
I) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Juan P. Delval and Illana Delval,
commonly known as 31050 Nicolas Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-140-005, which parcel is shown on
the attached map.
2) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Isaac G. Navejar and Isabel L. Navejar,
commonly known as 39622 Liefer Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-090-023, which parcel is shown on
the attached map.
3) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Ngo Lam and Tran Huyen Lam, commonly
known as 31249 Indian Summer Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-090-022, which parcel is shown on
the attached map.
4) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Reine Baillargeat Trust, commonly known
as 31249 Indian Summer Road, Temecula, California 92591, and identified as
Assessor's Parcel Number 957-090-020, which parcel is shown on the attached
map.
5) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Goldie M. Edwards and Cecil E. Edwards,
commonly known as 31249 Indian Summer Road, Temecula, California 92591,
and identified as Assessor's Parcel Number 957-090-019, which parcel is shown
on the attached map.
6) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Foursquare International Church,
commonly known as 31276 Nicolas Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-090-018, which parcel is shown on
the attached map.
7) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by DSE Temecula I Limited Partnership,
commonly known as 31253 Nicolas Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-150-003, which parcel is shown on
the attached map.
11086/0004/904824.1 August 8, 2006 11
8} The necessary right of way for the Nicolas Road Improvements
located on the real property owned by DSE Temecula I Limited Partnership,
commonly known as 31255 Nicolas Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-150-016, which parcel is shown on
the attached map.
9) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Michael K. Brannigan and Elaine
Brannigan, commonly known as 31270 Tommy Lane, Temecula, California
92591, and identified as Assessor's Parcel Number 957-150-005, which parcel is
shown on the attached map.
10) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Michael K. Brannigan and Elaine
Brannigan, commonly known as 31280 Tommy Lane, Temecula, California
92591, and identified as Assessor's Parcel Number 957-150-006, which parcel is
shown on the attached map.
11086/0004/904824.1 August 8, 2006 12
Agreement with Seraphina LLC
AGREEMENT BETWEEN THE CITY OF
TEMECULA AND SERAPHINA DEVELOPMENT
LLC FOR THE ACQUISITION OF CERTAIN
PROPERTY FOR PUBLIC RIGHTS OF WAY IN
CONNECTION WITH THE IMPROVEMENTS TO
NICOLAS ROAD
THIS AGREEMENT ("Agreement") is made and entered into as of August 8,
2006 by and between the CITY OF TEMECULA, a general law city in the State of
California ("City"), and SERAPHINA DEVELOPMENT LLC, a Washington limited
liability company ("Developer"). In consideration of the mutual covenants and
agreements contained in this Agreement, the parties hereto agree as follows:
I. Recitals. This Agreement is made with respect to the following facts
and for the following purposes, each of which is acknowledged as true and correct by the
parties:
a. On March 16,2005, the City of Temecula Planning
Commission approved Tentative Tract Map No. 32346, subdividing 28.6 acres
into 71 lots on Assessor's Parcel Numbers 957-080-014 and 957-080-019
("Project"), generally located on the north side of Nicolas Road, east of Joseph
Road along with conditions of approval for the Tentative Tract Map ("Tentative
Tract Map"). The Tentative Tract Map expires on March 16,2007.
b. Developer is the owner of the land included within the
Tentative Tract Map. Under the Tentative Tract Map, the Developer is
responsible for the construction and installation of certain on-site and off-site
public improvements.
c. Pursuant to Condition 70.a. of the Tentative Tract Map
(pages 14-15 of Tentative Tract Map), the Developer is obligated to improve
Nicolas Road along the frontage of the subdivision to the Arterial Highway
Standards prior to approval of the Final Map. Condition 70.a. of the Tentative
Tract Map requires the developer to "include dedication of half-width street right
of way, installation of half-width street improvements, paving, curb and gutter,
sidewalk, street lights, drainage facilities, signing and striping, utilities (including
but not limited to water and sewer) and a raised landscaped median."
d. The improvements to the intersection of Nicolas Road and
Calle Girasol require that Developer improve the Santa Gertrudis Creek Flood
Control Channel. Proper channel design and environmental agency requirements
require that the channel improvements be extended to Liefer Road. These
channel improvements may also require the replacement of the Liefer Road
Bridge. Certain property interests are required for these proposed improvements.
11086/0004/904912.1 August 8, 2006
I
e. The necessary rights of way to be acquired pursuant to this
Agreement for the improvement to Santa Gertrudis Creek Flood Control channel
in connection with the improvements to Nicolas Road are described on Exhibit
"A", attached hereto and incorporated herein by this reference as though set forth
in full (referred to hereafter as "Subject Property Interests"). Developer has made
a good faith effort to procure the Subject Property Interests but has thus far been
unable to acquire them.
f. Developer has requested the City to acquire the Subject
Property Interests pursuant to Government Code Section 66462.5.
g. The parties recognize that City cannot exercise its power of
eminent domain until a Resolution of Necessity has been adopted by the City's
legislative body pursuant to law. This Agreement is neither a commitment nor an
announcement of an intent by the City to acquire any or all of the Subject
Property Interests that may be affected by the Developer's project or needed for
the improvements to the Santa Gertrudis Channel in connection with the
improvements to Nicolas Road.
h. Developer acknowledges and agrees that the costs it will
incur under this Agreement are reasonably related to the Project and the Nicolas
Road improvements are necessary for the Project.
2. Citv Acquisition of Subiect Property Interests for Improvements to Santa
Gertrudis Channel in Connection with Improvements to Nicolas Road. In accordance
with and subject to all of the terms, covenants and conditions of this Agreement, the City
agrees to the following:
a. The City shall obtain an appraisal of the Subject Property
Interests in accordance with the requirements of the Eminent Domain Law.
b. The parties agree that City shall, in good faith and pursuant
to the requirements oflaw, negotiate with the current owners of the Subject
Property Interests in order to attempt to acquire the necessary Subject Property
Interests without the necessity of eminent domain proceedings.
c. If such negotiations prove unsuccessful, City shall begin
the preacquisition procedures required by law in connection with condemnation
proceedings.
d. Subject to the full satisfaction of the negotiation and notice
requirements imposed by law, City shall schedule a hearing to consider adoption
ofa Resolution of Necessity for acquisition of the Subject Property Interests by
Eminent Domain.
e. City shall file condemnation proceedings for the purpose of
acquiring the Subject Property Interests if: (1) The City Council determines that
all applicable laws relating to the appraisal and required negotiation have been
11086/0004/904912.1 August 8, 2006
2
complied with; (2) the City Council has considered all ofthe facts presented at the
hearing for the Resolution of Necessity by Staff and the owners of the Subject
Property Interests bearing on the findings required for a Resolution of Necessity;
(3) the City Council, in its sole and exclusive discretion, makes the findings
necessary for a Resolution of Necessity under the Eminent Domain Law by the
requisite vote; and (4) the City Council elects, in its sole and exclusive discretion,
to adopt such Resolution of Necessity.
f. If the Council elects, in its sole and exclusive discretion, to
adopt a Resolution of Necessity and initiate eminent domain proceedings, such
proceedings shall be promptly filed following the adoption ofthe Resolution of
Necessity, and diligently prosecuted by City.
g. If the Council elects, in its sole and exclusive discretion, to
adopt a Resolution of Necessity and initiate eminent domain actions, the City
shall also seek an order of immediate possession of the Subject Property Interests.
h. The parties hereto do recognize that if condemnation
proceedings are required as to the Subject Property Interests, City may not be able
to obtain the necessary title to the Subject Property Interests within the time
required pursuant to the provisions of this Agreement and, thus, Developer waives
the time requirements of Government Code Section 66462.5.
i. The parties hereto further agree that ifthere is a final
determination in such eminent domain proceedings finding that the City does not
have, as to any of the Subject Property Interests the right to take, within the
meaning of the Eminent Domain Law, or the City elects not to adopt a Resolution
of Necessity this Agreement may be terminated by the City.
j. Developer agrees to pay all costs of the City necessary for
the acquisition of the Subject Property Interests, including, but not limited to,
payments for land and improvements on the land, severance damages, fixtures
and equipment payments, payments for business goodwill, pre-condemnation
damages, relocation assistance and benefits, abandonment damages, attorneys'
fees, litigation expenses, consultant fees and costs, appraiser fees and costs, title
policy and litigation guarantee charges and costs, deposits, any sum paid as and
for settlement of any eminent domain proceeding filed by the City for the
acquisition ofthe Subject Property Interests, and such other payments, costs or
expenses arising out of the City's acquisition ofthe Subject Property Interests.
Developer agrees that City shall exercise exclusive control of the acquisition of
the Subject Property Interests and, ifnecessary, an eminent domain action to
acquire the Subject Property Interests.
k. City and Developer shall cooperate in the acquisition
process and keep each other fully advised of the progress of the acquisitions.
11086/0004/904912.1 August 8, 2006
3
I. Developer has deposited with the City the sum of
dollars ($ .00) which sum is the estimated costs of the
appraisal ofthe Subject Property Interests and the preliminary estimate of
attorney fees and costs for the acquisition of the Subject Property Interests and
eminent domain action, if required, and which sum shall be applied to the costs of
the acquisition of the Subject Property Interests. If the Director of Finance
determines that the amount of the actual costs incurred by the City for the
appraisal and legal fees will be more than the amount of the deposit, the
Developer shall transfer to City or City's bank, such amounts as the Director of
Finance determines necessary for the acquisition costs within five (5) business
days ofa written request from the Director of Finance. If the amount of the actual
costs incurred by the City is less than the amount of the deposit, then the City
shall refund the difference to the Developer, without interest, within ten (10)
working days following either the close of escrow for acquisition ofthe Subject
Property Interests, notice of the Court's entry of the Final Order of
Condemnation, or the determination by the City, in its sole and exclusive
discretion, that the eminent domain action is final and no further rights of appeal
are possible.
m. Within ten (10) days of a written request from the Director
of Finance, Developer shall deposit with the City or City's bank, such amount,
either in whole or in part, as the Director of Finance determines is the value ofthe
Subject Property Interests, and closing costs. Developer understands and
acknowledges that such demand may occur at any time after the execution of this
Agreement as may be necessary for the deposit of probable compensation
pursuant to the Eminent Domain Law at the time of filing an eminent domain
action, settlement of the eminent domain action, or to close escrow pursuant to a
negotiated purchase and sale agreement.
n. In the event Developer does not make the deposits
described in this Agreement in the times required by this Agreement, City may, at
its discretion, pay for the expenses described in this Agreement. Developer
agrees that in such event the City may recover the expenses from the Performance
Bond for the subdivision improvements for the Project.
3. Negation of Agencv. The parties acknowledge that, in entering into and
performing under this Agreement, each is acting as an independent entity and not as an
agent of the other in any respect. Nothing contained herein or in any document executed
in connection herewith shall be construed as making the City and Developer joint
venturers, partners, agents of the other, or employer/employee.
4. Notices. All notices under this Agreement shall be in writing and
shall be deemed delivered when personally received by the addressee, or within three (3)
working days after deposit in the United States mail by registered or certified mail,
postage prepaid, return receipt requested, to the following parties and their counsel at the
addresses indicated below, provided, however, if any party to this Agreement delivers a
notice or causes a notice to be delivered to any other party to this Agreement, a duplicate
11086/0004/904912.1 August 8, 2006
4
of that Notice shall be concurrently delivered to each other party and their respective
counsel.
To City:
City ofTemecula
Attention: City Manager
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-1033
With a Copy to:
Peter M. Thorson, Esq.
Richards, Watson & Gershon
355 South Grand Ave., 40th Floor
Los Angeles, CA 90071
To Developer:
Seraphina Development LLC
2010 65th Avenue West
Fircrest, W A 98466
Attention: Scott Carino, Project Manager
5. Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
6. Force Maieure.
a. In addition to specific provisions of this Agreement,
performance by either party hereunder shall not be deemed to be in default, and
all performance and other dates specified in this Agreement shall be extended,
where party seeking the extension has acted diligently and delays or defaults are
due to events beyond the reasonably control ofthe party such as but not limited
to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires;
casualties; acts of God; acts of the public enemy; epidemics; quarantine
restrictions; freight embargoes; intragalactic invasion; lack of transportation;
litigation; unusually severe weather; or any other causes beyond the control or
without the fault of the party claiming an extension of time to perform.
b. Notwithstanding anything to the contrary in this
Agreement, an extension oftime for any such cause shall be for the period of the
enforced delay and shall commence to run from the time of the commencement of
the cause, if notice by the party claiming such extension is sent to the other party
within thirty (30) days of the commencement of the cause.
c. Times of performance under this Agreement may also be
extended in writing by the mutual agreement of City Manager and the Developer.
11086/0004/904912.1 August 8, 2006
5
7. Waiver. No waiver of any provision of this Agreement shall be
effective unless in writing and signed by a duly authorized representative ofthe party
against whom enforcement of a waiver is sought.
8. No Third Partv Beneficiaries. This Agreement is made and entered
into for the sole protection and benefit of the Developer and the City of Temecula and
their successors and assigns. No other person shall have any right of action based upon
any provision of this Agreement.
9. Attornevs' Fees. If any party commences any action for the
interpretation, enforcement, termination, cancellation or rescission of this Agr~ement, or
for specific performance for the breach hereof, the prevailing party shall be entitled to its
reasonable attorneys' fees, litigation expenses and costs. Attorneys' fees under this
Section shall include attorneys' fees on any appeal as well as any attorneys' fees incurred
in any post-judgment proceedings to collect or enforce the judgment.
10. Integration ofTenns. This Agreement represents the entire agreement of
the parties with respect to the acquisition of the Subject Property Interests. This
Agreement integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiations or previous agreements between the parties or
their predecessors in interest with respect to all or any part of the subject matter hereof,
except for the Subdivision Improvement Agreement for the Tract between the City and
the Developer.
11. Investigation bv Developer. Developer warrants and represents to the
City that it has investigated all of the costs and expenses of the acquisition of the Subject
Property Interests and the potential eminent domain action Developer is requesting.
Developer further represents and warrants that it has had the opportunity to review the
terms of this Agreement with legal counsel.
12. Governing Law. This Agreement shall be construed and interpreted
in accordance with the laws of the State of California.
13. Counterparts. This Agreement may be executed in counterparts, each of
which shall be an original instrument, and all when taken together, shall constitute this
Agreement.
/1/
/1/
11086/0004/904912.1 August 8,2006
6
IN WITNESS WHEREOF, the Parties have each executed this Agreement ofthe
date first written above.
CITY OF TEMECULA
Ron Roberts
Mayor
ATTEST:
Susan Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
SERAPHINA DEVELOPMENT LLC, a
Washington limited liability company
By:
Title:
By:
Title:
11086/0004/904912.1 August 8, 2006 7
EXlUBIT "A"
DESCRIPTION OF SUBJECT PROPERTY INTERESTS
I) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Juan P. Delval and Illana Delval,
commonly known as 31050 Nicolas Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-140-005, which parcel is shown on
the attached map. .
2) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Isaac G. Navejar and Isabel L. Navejar,
commonly known as 39622 Liefer Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-090-023, which parcel is shown on
the attached map.
3) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Ngo Lam and Tran Huyen Lam, commonly
known as 31249 Indian Summer Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-090-022, which parcel is shown on
the attached map.
4) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Reine Baillargeat Trust, commonly known
as 31249 Indian Summer Road, Temecula, California 92591, and identified as
Assessor's Parcel Number 957-090-020, which parcel is shown on the attached
map.
5) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Goldie M. Edwards and Cecil E. Edwards,
commonly known as 31249 Indian Summer Road, Temecula, California 92591,
and identified as Assessor's Parcel Number 957-090-019, which parcel is shown
on the attached map.
6) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Foursquare International Church,
commonly known as 31276 Nicolas Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-090-018, which parcel is shown on
the attached map.
7) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by DSE Temecula 1 Limited Partnership,
commonly known as 31253 Nicolas Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-150-003, which parcel is shown on
the attached map.
11086/0004/904912.1 August 8, 2006
8
8) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by DSE Temecula 1 Limited Partnership,
commonly known as 31255 Nicolas Road, Temecula, California 92591, and
identified as Assessor's Parcel Number 957-150-016, which parcel is shown on
the attached map.
9) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Michael K. Brannigan and Elaine
Brannigan, commonly known as 31270 Tommy Lane, Temecula, California
92591, and identified as Assessor's Parcel Number 957-150-005, which parcel is
shown on the attached map.
10) The necessary right of way for the Nicolas Road Improvements
located on the real property owned by Michael K. Brannigan and Elaine
Brannigan, commonly known as 31280 Tommy Lane, Temecula, California
92591, and identified as Assessor's Parcel Number 957-150-006, which parcel is
shown on the attached map.
11086/0004/904912.1 August 8, 2006
9
ITEM NO. 15
Approvals
City Attorney
Director of Finance
City Manager
p.'---
11/2
Cj/3
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Peter M. Thorson, City Attorney
DATE:
August 8, 2006
SUBJECT:
Approval of Settlement in the case of City of Temecula v. Rancho California
Business Park Association, et al (Diaz Road Realignment Project)
RECOMMENDATION: That the City Council approve the settlement of the case of City of
Temecula v. Rancho California Business Park Association et al. (Riverside County Superior Court
Case No. RIC 412290 consolidated with Case No. RIC 389767) on such terms as described in the
proposed "Stipulation for Entry of Judgment and Final Order of Condemnation" and authorize the
City Attorney to take such actions as are necessary to implement the settlement.
BACKGROUND: The City has been involved in litigation to acquire the necessary rights of way
for the realignment of Diaz Road. The litigation with the Rancho California Business Park
Association involves the acquisition of portions of the covenants, conditions and restrictions on the
property so as to permit the construction of a realigned Diaz Road. The parties have reached a
settlement of the Rancho Business Park Association litigation which provides for the following terms:
(1) The portions of the City-owned property that will be used for the Diaz Road
Realignment Project will no longer be subject to the Conditions, Covenants and
Restrictions for the Rancho California Business Park ("CCRs");
(2) The approximate 3.0-acre remainder City-owned parcel that is not being used as
part of the Diaz Road Project shall remain subject to the CCRs. This remainder
parcel is marked as "Remainder 1" on the drawing attached hereto as Exhibit "A".
This 3.0-acre remainder parcel shall have full voting rights and will remain subject to
the full assessment obligations of the CCRs. The future assessment of fees by the
Association shall remain in proportion to the size of property, as in existence on May
19,2004;
(3) The approximate 0.88-acre remainder City-owned parcel that is not being used for
the Diaz Road Realignment Project will, at the City's sole discretion, either be (a)
transferred to the adjacent parcel owned by Outdoor Channel (Musk Ox) and thus
remain subject to the Declaration of Protective Conditions, Covenants and
Restrictions, (b) split by extension of the property line out to the realigned Diaz Road
between the adjacent parcel owned by Outdoor Channel (Musk Ox) and the adjacent
parcel owned by the Morters (currently occupied by Western Eagle Foundation), or
(c) used by the City or its successor for landscaping or parkway purposes. If a
portion of this 0.88-acre remainder parcel is transferred to the Morters pursuant to
option (b) above, such property may be used by the owners for driveway access,
parking subject to City setback requirements, and/or landscaping purposes. No
structure in violation of the Declaration of Protective Conditions, Covenants and
Restrictions can be placed on this portion of the 0.88-acre remainder parcel. This
approximate 0.88-acre remainder parcel is labeled "Remainder 2" on the drawing
attached hereto as Exhibit "A";
(4) The City agrees to install a signal light at the western intersection of Business Park
Drive and Rancho California Road. The City expects that this signal will be installed
within approximately twelve (12) months of the City Council's approval of the signal.
A signal at the western intersection of Business Park Drive and Rancho California
Road is identified on the City's list of proposed future capital improvements.
Installing the signal at this time changes the list of priorities for other intersections
that have also been identified as requiring signalization in the near future. The
parties agree that this signal shall remain subject to City review and that the City
Council may determine in the future, at its sole discretion, based on changes in the
City's traffic circulation or on the construction of other street improvements in the
vicinity of the subject signal that the signal may be removed at such time. The City
agrees to follow all requirements in connection with any such decision regarding the
removal of the signal. The Association and Chemicon agree that they will not bring
an action against the City in the future in connection with any such removal of the
signal by the City;
(5) The City and the Association each agree to bear their own attorneys' fees and costs
in the consolidated matters. The City shall not pay any additional compensation to
the Association in the consolidated matters;
(6) The City agrees to pay for the benefit of Chemicon, as successor to the interests of
the Beckmans, the total sum of $15,000.00 (Fifteen Thousand Dollars) by issuing a
warrant for said sum payable to the Reid & Hellyer Client Trust Account in
satisfaction of any and all claims to just compensation;
(7) The parties agree that they will file with the Court a Stipulation for Entry of Judgment
and Final Order of Condemnation within 30 (thirty) days of the City Council's
approval of the terms of settlement.
FISCAL IMPACT: $15,000 for payment of attorneys fees; the costs of the signal at
Rancho California Road and Business Park Drive West based on the bids received prior to
construction; and the Association Assessments on the three-acre parcel until such time as it may be
sold by the City. The costs are offset by the sales price of the three-acre parcel at such time as it
may be sold by the City.
ATTACHMENTS:
Map Diaz Road Realignment
Proposed Stipulation for Entry of Judgment and Final Order of
Condemnation
. .
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RICHARDS, WATSON & GERSHON
A Professional Corporation
MICHAEL F. YOSHffiA (17730 I)
PAULA GUTIERREZ BAEZA {198653)
I Civic Center Circle
Post Office Box 1059
Brea, California 92822-1059
Telephone: (714)990-0901
Facsimile: (714) 990-6230
Attorneys for Plaintiff,
City of Temecula
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA, a municipal
corporation,
Plaintiff,
v.
RANCHO CALIFORNIA BUSINESS PARK
ASSOCIATION, a non-profit corporation; et
al.,
Defendants.
RANCHO CALIFORNIA BUSINESS PARK
ASSOCIATION, a non-profit corporation,
Plaintiff,
v.
CITY OF TEMECULA, a municipal
corporation,
Defendant.
Case No. RIC 412290, Lead Case and
Consolidated with Case No. RIC 398767
STIPULATION FOR ENTRY OF
JUDGMENT AND FINAL ORDER OF
CONDEMNATION AND FOR
WITHDRAWAL OF FUNDS ON DEPOSIT
SUBMITTED BY PLAINTIFF CITY OF
TEMECULA AND DEFENDANTS
RANCHO CALIFORNIA BUSINESS
PARK ASSOCIATION AND CHEMICON,
INC. (SUCCESSOR TO INTERESTS OF
DEFENDANTS BECKMANS)
[APN 921-020-075]
Exempt from Filing Fees Pursuant to Gov!. Code
~6103
OSC Re: Dismissal Hearing:
Date:
Time: 8:30 a.m.
Dept.: 06
Plaintiff City of Temecula (''Plaintiff' or "City") and Defendants Rancho California
Business Park Association ("Association") and Chemicon mc. (Successor to the mterests of
Stipulation for Entry of Judgment and Final Order of Condemnation and For Withdrawal of Funds on Deposit Submitted by
Plaintiff and Defendants Rancho California Business Park Association and Chemicon
11086\0130\907278.1
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Defendants David A. Beckman and Keiko K. Beckman, Trustees fo the Beckman Family Trust
V/ A 1114/90) hereby agree and stipulate as follows:
I. The Association commenced the Declaratory Relief Action titled Rancho
California Business Park Association v. City ofTemecula, et ai., Riverside County Superior
Court Case No. RIC 398767 on or about August 28,2003 pursuant to Code of Civil Procedure
Section 1060 seeking a judicial determination regarding the respective rights and duties ofthe
City and the Association in connection with the Declaration of Protective Covenants for Rancho
California Business Park recorded on November 2,1984 in Book 1984, Page 237558 ofthe
Official Records of Riverside County, California (referred to hereafter as "Declaration of
Protective Covenants").
2. On May 18, 2004, the City filed the eminent domain proceeding titled City of
Temecula v. Rancho California Business Park Association, et al., Riverside County Superior
Court Case No. RIC 412290 to acquire certain real property interests located in the City of
Temecula for street realignment and improvement purposes, and all uses necessary or convenient
thereto in connection with the Diaz Road Realignment Project ("Project"). Specifically, the City
seeks to acquire the Covenants, Conditions, and Restrictions set forth in the Declaration of
Protective Covenants that encumber and prohibit the improvement of Parcel I & 2 of Parcel Map
No. 19580, City of Temecula, California, identified as Assessor's Parcel Number 921-020-075
with the proposed Project's reliiignment and improvement ofDiaz Road ("Subject Property
Interests"). The Subject Property Interests are described more particularly in the Amendment to
Complaint in Eminent Domain filed with the Court on August 25, 2005 and below.
3. The Declaratory Relief Action and eminent domain proceeding were consolidated
by the Court and these consolidated matters are the subject ofthis Stipulation.
4. The City warrants that it is the record owner of the real property commonly known
as Parcel I & 2 of Parcel Map No. 19580, City of Temecula, California, identified as Assessor's
Parcel Number 921-020-075 ("City-owned property").
5. Defendant Rancho California Business Park Association filed an Answer herein
dated October 3,2005. The Association warrants that it is the record owner of Lot G of Parcel
Stipulation for Entry of Judgment and Final Order of Condemnation and For Withdrawal of Funds on Deposit Submitted by
Plaintiff and Defendants Rancho California Business Park Association and Chemicon
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I Map 19580-1, as shown by Map on File in Book 125, Pages I through 6, Inclusive of Parcel
2 Maps, Records of Riverside County. The Association is one of the parties authorized to enforce
3 the Declaration of Protective Covenants.
4
6.
Defendants David A. Beckman and Keiko 1. Beckman, Trustees of the Beckman
5 Family Trust U/A 11/14/90 (collectively "Beckmans") filed an Answer herein dated April 7,
6 2005. The Beckmans alleged in their Answer that they were the owners in fee simple absolute of
7 the Parcels in the Rancho California Business Park described as Parcel 2 of Parcel Map 19580-1,
8 as shown by Map on File in Book 125, Pages I through 6, Inclusive of Parcel Maps, Records of
9 Riverside County, California, commonly known as 28835 Single Oak Drive, Temecula,
10 California, and Parcel 13, as shown by Parcel Map 19580-1, on file in Book 125, Pages I through
II 6, of Parcel Maps, Records of Riverside County, California, commonly known as 28820 Single
12
13
14
15
16
17
Oak Drive, Temecula, Califomia. The Beckmans, as owners of these parcels, were beneficiaries
ofthe Declaration of Protective Covenants and members of the Association.
7. Chemicon, Inc. ("Chemicon") warrants that it purchased the real properties
described in paragraph 6 above from the Beckmans and that it is the successor to the interests of
the Beckmans in the Subject Property Interests and to the claims asserted by the Beckmans in
their Answer dated April 7, 2005. Chemicon further warrants that the Beckmans assigned to
18
19
20
Chemicon their rights in this eminent domain proceeding.
8. All of the named defendants in this proceeding were served.
9.
The following defendants filed Disclaimers of Interest herein on the date specified,
21 disclaiming any right, title, or interest in or to the Subject Property Interests and to the just
22 compensation to be awarded herein:
23
a.
Temecula Enterprises, LTD. filed a Disclaimer of Interest dated August
24 25, 2004, which was served on the City by mail on August 26, 2004.
25
26
b.
TPX, L.P. filed a Disclaimer of Interest on August 11,2004.
c.
Isomedix Operations, Inc., a Delaware Corporation filed a Disclaimer of
27 Interest dated January 7, 2005, which was served on the City by mail on that same date.
28 ///
Stipulation for Entry of Judgment and Final Order of Condemnation and For Withdrawal of Funds on Deposit Submitted by
Plaintiff and Defendants Rancho California Business Park Association and Chemican
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d. Foremost Caramel Mountain Ltd. filed a Disclaimer of Interest on
September 2, 2004.
e. Beal Bank filed a Disclaimer dated July 29,2004, which was served on the
City by mail on August 2, 2004.
f. David L. Herbrandson filed a Disclaimer dated November 24, 2004.
g. Deborah M. Herbrandson filed a Disclaimer dated November 24, 2004.
h. John H. Luttgens and Jenise M. Luttgens, Co-Trustees of the Luttgens
Family Trust, Under Declaration of Trust Dated September 5, 2002 filed a Disclaimer dated
August 9, 2004, which was served on the City by mail on the same date.
i. RCI Business Park 43195 filed a Disclaimer on July 13, 2004.
J. Rancho California Water District (sued herein as Santa Roses Ranches
Water District) filed a Disclaimer on January 30, 2006.
10. The Court entered the defaults of Defendants Lot II BPD, LLC, James A. Brady
and Carol A. Brady, Trustees of the Brady Family Trust, Thomas E. Ames, Christina B. Ames,
E&S McDonald Properties, Stanley Allen Schroeder, Shawn E. Brawner, Lisa R. Brawner, W.
Plastics Inc., Temecula Business Park Partners, Ciervo Investments, Inc., Musk Ox Properties,
L.P., The Finance Group, L.P., The Finance Group, International Rectifier Corporation, Leed
Rancho California I Partnership, Park Heights Properties, Vincent J. Stagliano and Peggy S.
Stagliano, Trustees of the Stagliano Family Trust Dated December 14, 1998, Save Most Desert
Rancho, LID, L2H Properties Company, Windsor Park, LLC, Gustava Nuno and Elia Nuno, on
or about February 14, 2005.
II. The Court entered the defaults of Defendants Robert Q. Stanton and Marie H.
Stanton, Trustees and/or Successor Trustees of the Stanton Family Trust, Est. March 30, 1977,
SBS Realty, Inc., Stephen Cavadias and Tula Cavadias, Trustees of the Cavadias Family 2003
Trust Dated June 19, 2003, Saxony Village Partnership on June 7, 2005, June 7, 2005, September
7,2005, and October I 1,2005, respectively.
12. The City and Defendant Eastern Municipal Water District resolved the issues
between them pursuant to a Stipulation for Entry of Judgment filed with the Court on November
Stipulation for Entry of Judgment and Final Order ofCondenmation and For Withdrawal of Funds on Deposit Submitted by
Plaintiff and Defendants Rancho California Business Park Association and Chemicon
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I 18,2004. Said Stipulation will be incorporated into the Judgment in Condemnation herein.
2 Eastern Municipal Water District was subsequently dismissed from the proceeding pursuant to
3 the terms of said Stipulation.
4
13.
On June 17,2004, pursuant to Code of Civil Procedure Section 1255.010 et seq.,
5 the City deposited with the Clerk of the Court the sum of$2,000.00 (Two Thousand Dollars) as
6 the amount of probable compensation to be awarded for the Subject Property Interests.
7
14.
No party has withdrawn any portion of said deposit. The parties agree that the
8 principal on deposit together with any interest that accrued on said deposit shall be disbursed as
9 set forth in paragraph 22 below.
10
15.
The effective date of possession of the Subject Property Interests is September 4,
II 2004 (date of apportionment) pursuant to an Order for Possession entered by the Court on June
12
13
14
15
16
17
18
19
29, 2004.
16. The City and Defendants Association and Chemicon have agreed to fully resolve
pursuant to this Stipulation all of the Association's and Chemicon's claims arising in connection
with or out of the City's acquisition of the Subject Property Interests described in the
Amendment to Complaint filed with the Court on August 25, 2005 ("Amendment to
Complaint'), the Project for which the City seeks to acquire the Subject Property Interests, the
Declaratory Relief Action, and the eminent domain proceeding.
17. Defendants Association and Chernicon warrant that except for the named
20 defendants in this proceeding they are aware of no person or entity who has or claims any right or
21 entitlement by lien or otherwise to the Subject Property Interests or to the just compensation to be
22 awarded for the Subj ect Property Interests.
23
The Subject Property Interests the City is acquiring in this proceeding, which are
18.
24 the subject of this Stipulation and the AIDendment to Complaint filed with the Court on August
25 25,2005, are as follows:
26
27
28
Covenants, Conditions, and Restrictions set forth in the
Declaration of Protective Covenants of Rancho California Business
Park recorded on November 2,1984 of Book 1984, Page 237558 in
the Official Records of Riverside County, California that encumber
Stipulation for Entry of Judgment and Final Order ofCondenmation and For Withdrawal of Funds on Deposit Submitted by
Plaintiff and Defendants Rancho California Business Park Association and Chemicon
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1 and prohibit the improvement of the real property commonly
known as Parcell and 2 of Parcel Map No. 19589, City of
2 Temecula and identified as Assessor's Parcel Number 921-020-
075, with the proposed realignment and improvement of Diaz
3 Road as proposed by the Diaz Road Realignment Project.
4 A diagram depicting the Subject Property mterests and the City-owned parcel in relation to the
5 Project is attached hereto as Exhibit "A" and is incorporated herein by this reference.
6
The City and Defendants Association and Chemicon agree that the total monetary
19.
7 compensation to be paid by the City in this proceeding is the sum of$15,000.00 (Fifteen
8 Thousand Dollars). This sum shall be paid to Chemicon as set forth below. The Association
9 agrees that it shall not receive any monetary compensation in this proceeding. The City and
10 Defendants Association and Chernicon agree that the $15,000.00 shall be paid as follows:
11
12
13
14
15
16
17
18
19
Within fifteen (15) days of the date of filing a fully executed original of
a.
this Stipulation with the Court, the City shall issue for the benefit of Defendant Chemicon a
warrant in the amount of$15,000.00 (Fifteen Thousand Dollars) payable to Reid & Hellyer
Client Trust Account, and mail said warrant by first-class mail addressed as follows:
Reid & Hellyer
A Professional Corporation
Attention: David T. Bristow, Esq.
3880 Lemon Street, Fifth Floor
Post Office Box 1300
Riverside, California 92502-1300
20. Within five (5) business days of receipt of the. warrant from the City described in
20 paragraph 19.b. above, counsel for Defendant Chemicon shall execute and return to counsel for
21 City an Acknowledgment of Receipt of Just Compensation in the form attached hereto as Exhibit
22 "B".
23
The City and Defendants Association and Chernicon also agree to the following
21.
24 non-monetary terms of settlement:
25
The portions of the City-owned property that the City will use for public
a.
26 street purposes and all uses necessary and convenient thereto in connection with the Diaz Road
27 Realignment Project will no longer be subject to the Conditions, Covenants and Restrictions for
28 the Rancho California Business Park recorded in the Declaration of Protective Covenants.
Stipulation for Entry of Judgment and Final Order of Condemnation and For Withdrawal of Funds on Deposit Submitted by
Plaintiff and Defendants Rancho California Business Park Association and Chemicon
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b.
The approximate 3 .O-acre remainder City-owned parcel that is not being
2 used as part of the Diaz Road Realignment Project shall remain subject to the Declaration of
3 Protective Covenants. This remainder parcel is marked as "Remainder 1" on the drawing
4 attached hereto as Exhibit "C" and incorporated herein by this reference. This 3.0-acre
5 remainder parcel shall have full voting rights and will remain subject to the full assessment
6 obligations of the Declaration of Protective Covenants. The future assessment of fees by the
7 Association shall remain in proportion to the size of the City-owned property, as originally
8 established in 1984 by Kaiser Development Company and as described in the Declaration of
9 Protective Covenants. The obligations for Remainder 1 shall be set forth in a separate covenant
10 recorded against said remainder parcel in the form attached hereto as Exhibit "D" and
11 incorporated herein by this reference.
12
13
14
c. The approximate 0.88-acre remainder City-owned parcel that is not being
used for the Diaz Road Realignment Project will, at the City's sole discretion, either be
15
(i) transferred to the adjacent property commonly known as 43445
Business Park Drive, and identified as Assessor's Parcel Number 921-020-039, which is owned
by Outdoor Channel/Musk Ox Properties, L.P. (referred to below as "Outdoor Channel/Musk Ox
parcel") and thus remain subject to the Declaration of Protective Conditions, Covenants and
16
17
18
19
Restrictions;
(ii) split by extension of the property line out to the realigned Diaz Road
20 between the Outdoor Channel/Musk Ox parcel and the adjacent parcel commonly known as
21 28075 Diaz Road, Temecula, and identified as Assessor's Parcel Number 921-040-028, which is
22 currently owned by Jerry Morter and Linda C. Morter, Trustees of the Morter Family Trust of
23 1994, and currently occupied by Western Eagle Foundation (referred to below as "Morter
24 parcel"); or
25 (iii) used by the City or its successors and assigns for landscaping or
26 parkway purposes.
27 If a portion of this 0.88-acre remainder parcel is transferred to the Morter parcel pursuant to
28 option c(ii) above, such property may be used by the owners and their successors and assigns for
Stipulation for Entry of Judgment and Final Order of Condemnation and For Withdrawal of Funds on Deposit Submitted by
Plaintiff and Defendants Rancho California Business Park Association and Chemicon
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I driveway access, parking subject to City setback requirements, and/or landscaping pmposes. No
2 structure in violation of the Declaratio!l of Protective Conditions can be placed.on this portiQn of
3 the 0.88-acre remainder parcel. This approximate 0.88-acre remainder parcel is labeled
4 "Remainder 2" on the drawing attached hereto as Exhibit "C". If Outdoor ChannellMusk Ox or
5 the Morters are not interested in acquiring the respective portion of the 0.88 remainder City-
6 owned parcel pursuant to option c(ii) above, the City and its successors and assigns may use such
7 p.ortion for landscaping .or parkway pmposes.
8
d.
The City agrees t.o install a signal light at the western intersection of
9 Business Park Drive and RanchQ California Road. The City expects that this signal will be
10 installed within approximately twelve (12) m.onths .of the City Council's approval of the signal.
II The parties agree that this signal shall remain subject to City review and that the City CQuncil
12
13
14
15
16
17
18
19
may deternrine in the future, at its sole discretion, based on changes in the City's traffic
circulation or on the construction of .other street improvements in the vicinity of the subject
signal that the signal may be removed at such time. The City agrees to follow all requirements in
connection with any such decision regarding the removal of the signal. The Association and
Chemicon agree that they will not bring an actiQn against the City in the future in connection
with any such removal of the signal by the City.
22. The City and Defendants Association and Chemicon agree that the C.ounty Clerk
shall disburse the $2,000.00 principal on deposit together with any interest accrued.on said
20 principal from the date of deposit by issuing a warrant for said sums oavable to the City .of
21 Temecula. and mailing said warrant by first-class mail as follows:
22 Richards, Watson & Gershon
Attention: Paula Gutierrez Baeza
23 I Civic Center Circle
Post Office Box 1059
24 Brea, CalifQrnia 92822-1059
25
23.
Defendants Association and Chemicon expressly warrant that the manetary
26 cQmpensation of the sum of $15,000.00 discussed above in paragraph 20 together with the non-
27 monetary compensation discussed abave in paragraph 21, shall be in full and final settlement .of
28 any and all of the claims of Defendants AssQciation and Chemicon arising out .of or in connectian
Stipulation for Entry of Judgment and Final Order of Condemnation and For Withdrawal of Funds on Deposit Submitted by
Plaintiff and Defendants Rancho California Business Park Association and Chemican
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I with the City's acquisition of the Subject Property Interests for the Diaz Road Realignment
2 Project, including, but not limited to claims for compensation for the Subject Property Interests,
3 severance damages, cost to cure damages, inverse condemnation, precondemnation damages, de
4 facto taking, loss of goodwill, damages for violation of civil or constitutional rights, costs,
5 litigation expenses, expert wituess fees, attorneys fees, interest, relocation assistance and
6 benefits, improvemenis pertaining to the realty, fixtures, furniture and equipment, moving
7 expenses, abandonment costs, or any other damages of every kind and nature suffered or to be
8 suffered by Defendants Association and Chemicon by reason of the City's acquisition of the
9 Subject Property Interests, the Project for which the City is acquiring the Subject Property
10 Interests, the Declaratory Relief Action referenced above, or this eminent domain proceeding.
11
24.
In effecting this Stipulation, each of the parties has had the opportunity to receive
12
full legal advice about its provisions, and each signatory hereto certifies that he or she has read
all of this Stipulation and understands it. This Stipulation has been fully negotiated between the
City and Defendants Association and Chemicon and shall be construed as if drafted by all parties
to this Stipulation.
25. Except as otherwise set forth in this Stipulation and except for any breach ofterms
or conditions contained in this Stipulation, Defendants Association and Chemicon waive and
13
14
15
16
17
18
19
forever release the City, including its successors, assigns, officers, employees, attorneys, agents,
representatives and anyone acting on or for the City's behalf, of and from any and all claims,
20 demands, actions or causes of action, liabilities" or claims for further compensation, lmown or
21 unknown, based upon or arising in connection with the Complaint in Eminent Domain herein,
22 the Project for which the City is acquiring the Subject Property Interests, or from the City's
23 acquisition of the Subject Property Interests. The foregoing waiver shall become effective upon
24 issuance of the warrant in paragraph 20.a, above.
25
26.
By such release Defendants Association and Chemicon waive their rights, if any,
26 under California Civil Code Section 1542, which provides, "A general release does not extend to
27 claims which the creditor does not lmow or suspect to exist in his favor at the time of executing
28 the release, which if known by him must have materially affected his settlement with the debtor."
Stipulation for Entry of Judgment and Final Order of Condemnation and For Withdrawal of Funds on Deposit Submitted by
Plaintiff and Defendants Rancho California Business Park Association and Chemicon
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Notwithstanding paragraphs 25 and 26 above, the waivers of rights and release of
2 claims of Association and Chemicon shall not extend to and are not intended to extend to claims
3 related to or alleged to arise out of negligence on the part of the City, its agents or contractors, in
4 connection with the physical construction of the Project.
5
28.
The City and Defendant Property Owners agree that at any time following the
6 City's receipt of the Acknowledgment of Receipt of Just Compensation described in paragraph
7 20, above, the City may request this Court to enter a Judgment in Condemnation substantially in
8 the form attached hereto as Exhibit "E" incorporating the terms of this Stipulation and a Final
9 Order of Condemnation substantially in the form attached as Exhibit "F" hereto without further
10 notice to Defendants Association and Chemicon.
11
12
13
14
15
16
17
18
19
20
29.
This Stipulation is made, executed, entered into and is intended to be performed
within the State of California, and is to be construed under California Law.
30. If any provision of this Stipulation is held to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless remain in full force and effect and shall not be impaired
or invalidated thereby.
31. The parties agree that they will each bear their own attorneys fees and costs in
these consolidated matters.
32. Defendants Association and Chemicon agree to indemnifY the City in the event of
breach of the warranties set forth above.
33.
Defendants Association and Chemicon waive the right to move for a new trial and
21 to all other post-judgment proceedings and the right to appeal herein.
22
34.
The City and Defendants Association and Chemicon agree that this Stipulation
23 may be executed in counterparts, each of which shall be deemed an original instrument, and all,
24 when taken together shall constitute the Stipulation.
25 ///
26 ///
27 /1/
28 ///
Stipulation for Entry of Judgment and Final Order ofCondenmation and For Withdrawal of Funds on Deposit Submitted by
Plaintiff and Defendants Rancho California Business Park Association and Chernicon
1]086\01301907278.1
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1
2
3
4
IT IS SO STIPULATED.
DEFENDANT RANCHO CALIFORNIA BUSINESS
PARK ASSOCIATION
5 Dated:
,2006
By:
Title:
6
7
8
9
Approved as to Form:
10 Dated:
,2006
11
FIORE, RACOBS & POWERS
5 i5 12 A Professional Law Corporation
:c ~ . PETER RACOBS
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v;- ~ 16 RANCHO CALIFORNIA BUSINESS PARK ASSOCIATION
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o ~ DEFENDANT CHEMICON, INC. (SUCCESSOR TO
C2 ~ 18 THE INTERESTS OF DEFENDANT BECKMANS,
~~ TRUSTEES)
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20 Dated:
,2006
By:
21
22
23
24
25 1//
Title:
Dated:
,2006
By:
Title:
26 ///
27 ///
28 ///
Stipulation for Entry of Judgment and Final Order of Condemnation and For Withdrawal of Funds on Deposit Submitted by
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1 Approved as to Form:
2
3
4 REID & HELLYER
A Professional Corporation
5 DAVID T. BRISTOW
Dated:
,2006
6
7 By:
DAVID T. BRISTOW
8 Attorneys for Defendant
CHEMICON INC.
9
10
PLAINTIFF CITY OF TEMECULA
11
12
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17
18
,2006
Dated:
By:
Dated:
,2006
ATTEST:
Susan Jones, City Clerk
!i::1!!l Approved as to Form:
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20 Dated:
.2006
21
22 RICHARDS, WATSON & GERSHON
A Professional Corporation
23 PAULA GUTIERREZ BAEZA
24
25 By:
PAULA GUTIERREZ BAEZA
26 Attorneys for Plaintiff
CITY OF TEMECULA
27
28
Ron Roberts, Mayor
Stipulation for"Entry of Judgment and Final Order of Condemnation and For Withdrawal of Funds on Deposit Submitted by
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RICHARDS, WATSON & GERSHON
A Professional Corporation
MICHAELF. YOSHIBA(I77301)
PAULA GUTIERREZ BAEZA (198653)
1 Civic Center Circle
Post Office Box 1059
Brea, California 92822-1059
Telephone: (714)990-0901
Facsimile: (714) 990-6230
Attorneys for Plaintiff,
City of Temecula
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA, a municipal
corporation,
Plaintiff,
v.
RANCHO CALIFORNIA BUSINESS PARK
ASSOCIATION, a non-profit corporation; et
al.,
Defendants.
RANCHO CALIFORNIA BUSINESS PARK
ASSOCIATION, a non-profit corporation,
Plaintiff,
v.
CITY OF TEMECULA, a municipal
corporation,
Defendant.
Case No. RIC 412290, Lead Case and
Consolidated with Case No. RIC 398767
ACKNOWLEDGMENT OF RECEIPT OF
WARRANT FROM CITY OF TEMECULA
SUBMITTED BY COUNSEL FOR
DEFENDANT CHEMICON, INC.
(SUCCESSOR TO INTERESTS OF
DEFENDANTS BECKMANS)
[APN 921-020-075]
Exempt from Filing Fees Pursuant to Gov!. Code
~6103
OSC Re: Dismissal Hearing:
Date: September 27, 2008
Time: 8:30 a.m.
Dept.: 06
David T. Bristow, Esq. hereby acknowledges on behalf of Defendant Chemicon, Inc.
(successor to the interests of Defendants David H. Beckman and Keiko K. Beckman, Trustees of
the Beckman Family Trust U/ A 11/14/90) receipt of City of Temecula warrant number
Acknowledgment of Receipt of Warrant From City of Temecula Submitted by Counsel for Chemicon
11086\0130\907922.1 1 Exhibit "B"
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for the sum of$15,000.00 (Fifteen Thousand Dollars) payable to Reid &
Hellyer Client Trust Account for the benefit of Chemicon. Pursuant to the Stipulation for Entry
of Judgment and Final Order of Condemnation and for Withdrawal of Funds on Deposit entered
into between Plaintiff City ofManteca and Defendants Rancho California Business Park
Association and Chemicon ("Stipulation for Entry of Judgment''), said warrant is the total
monetary compensation to be paid by the City for in this proceeding.
Pursuant to the Stipulation for Entry of Judgment, the $15,000.00 monetary compensation
together with the non-monetary compensation set forth in the Stipulation for Entry of Judgment
is in full and [mal settlement of any and all of Defendant Association and Chemicon's claims
arising out of or in connection with the taking of the Subject Property Interests for the Diaz Road
Realignment Project, including, but not limited to claims for compensation for the Subject
Property Interests, severance damages, cost to cure damages, inverse condemnation,
precondemnation damages, de facto taking, loss of goodwill, damages for violation of civil or
constitutional rights, costs, litigation expenses, expert witness fees, attorneys fees, interest,
relocation assistance and benefits, improvements pertaining to the realty, fixtures, furniture and
equipment, moving expenses, abandonment costs, or any other damages of every kind and nature
suffered or to be suffered by Defendants Association and Chemicon by reason of the City's
acquisition of the Subject Property Interests, the Project for which the City is acquiring the
Subject Property Interests, the Declaratory Relief Action referenced above, or this eminent
domain proceeding.
Dated:
,2006
REID & HELLYER
A Professional Corporation
DAVID T. BRISTOW
By:
DAVID T. BRISTOW
Attorneys for Defendant
CHEMICON INe.
Acknowledgment of Receipt of Warrant From City ofTemecu)a Submitted by Counsel for Chemicon
11086\0130\907922.1
2
Recording requested by and
when recorded mail to:
DRAFT
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attn: City Clerk
Rancho California Business Park Association
John B. ("Pete") Olhasso II
42430 Winchester Road
Temecula, California 92590
FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE ~~ 6103 and 27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE
No Documentary Transfer Taxes Due: See Revenue & Taxation ~ 11922 and Government Code ~6 I 03
APN: 921-020-075
[]ALL
[X] PORTION
DECLARATION OF COVENANTS AFFECTING REAL PROPERTY
THIS DECLARATION OF COVENANTS AFFECTING REAL PROPERTY
("Declaration of Covenants") is made as of this _ day of ,2006, by the CITY OF
TEMBCULA, a general law city ("City" or "Grantor"), in favor of the real properties subject to
the Declaration of Protective Covenants for Rancho California Business Park Recorded on
November 2, 1984 in Book 1984, Page 237558 of Official Records of the County of Riverside
("Grantee").
RECITALS
WHEREAS, Grantor is the fee owner of the real property commonly known as Parcell
& 2 of Parcel Map No. 19580, City of Temecula, California and identified as Assessor's Parcel
Number 921-020-075 ("Grantor's Property"); and
WHEREAS, Grantor's Property is subject to the Declaration of Protective Covenants for
Rancho California Business Park Recorded on November 2, 1984 in Book 1984, Page 237558 of
Official Records of the County of Riverside ("Declaration of Protective Covenants"); and
WHEREAS, Grantor filed an eminent domain proceeding titled City of Temecula v.
Rancho California Business Park Association, et at. (Riverside County Superior Court Case No.
412290) to acquire by eminent domain the Covenants, Conditions, and Restrictions set forth in
I 1086\0 I 30\907978- I
Exhibit "D"
the Declaration of Protective Covenants that encumber and prohibit the improvement of
Grantor's Property with the Diaz Road Realignment Project; and
WHEREAS, Grantor obtained a Final Order of Condemnation from the Court in City of
Temecula v. Rancho California Business Park Association, et al. (Riverside County Superior
Court Case No. 412290), which was recorded on ,2006 as Instrument No. of
Official Records of Riverside County ("Final Order of Condemnation"), that condemned the
Declaration of Protective Covenants on the portion of the Grantor's Property that Grantor will
use for street purposes and all uses necessary and conveuient thereto in connection with the Diaz
Road Realignment Project; and
WHEREAS, pursuant to said Final Order of Condemnation, the portion of Grantor's
Property used for street purposes and all uses necessary or convenient thereto in connection with
the Diaz Realignment Project is no longer subject to the Declaration of Protective Covenants;
NOW, THEREFORE, for and in consideration of the terms agreed to between the City
and Defendants Rancho California Business Park Association and Chemicon, Inc. pursuant to'the
Stipulation for Entry of Judgment and Final Order of Condemnation submitted by the parties in
City ofTemecula v. Rancho California Business Park Association, et at. (Riverside County
Superior Court Case No. 412290) and filed with the Court on ,2006, Grantor hereby
covenants in favor of Grantee as follows:
1. Remainder 1 Subiect to Declaration of Protective Covenants. The approximate 3.0-
acre remainder portion of Grantor's property that Grantor is not using for the Diaz Road
Realignment Project remains subject to the Declaration of Protective Covenants for Rancho
California Business Park Recorded on November 2, 1984 in Book 1984, Page 237558 of Official
Records of the County of Riverside. The legal description of this approximate 3.0-acre
remainder portion, which is referred to as "Remainder 1" below, is attached hereto as Exhibit
"A" and labeled as "Remainder 1" on Exhibit "B" hereto. Exhibits "A" and "B" are attached
hereto and incorporated herein by this reference.
2. Voting Rights. Remainder 1 shall have full voting rights pursuant to the Declaration
of Protective Covenants.
3. Assessment Obligations. Remainder 1 shall be subject to the full assessment
obligations of the Declaration of Protective Covenants. The future assessment of fees by the
Association on Remainder 1 shall remain in proportion to the size of Grantor's property, as
originally established by Kaiser Development Company, a California corporation, in 1984, and
as described in the Declaration of Protective Covenants to ensure that the Association's fees are
not reduced as a resUlt of the Final Order of Condenmation discussed above. Payment of any
such assessment fee burden shall be the sole and exclusive responsibilities of the owners of
Remainder 1.
4. Covenant to Run With the Land. This Covenant shall run with Remainder 1, shall be
recorded, and shall be binding upon Grantor, its successors in interest and assigns.
11086\0130\907978-1
-2-
IN WITNESS WHEREOF, the Grantor has caused this Declaration of Covenants
Affecting Real Property to be executed as of the day and year first above written.
CITY OF TEMECULA
"GRANTOR"
Ron Roberts, Mayor
Attest:
Susan Jones, CMC
City Clerk
Approved as to form:
Peter M. Thorson
City Attorney
I 1086\0 I 301907978- I
-3-
1 1086\0130\907978-1
EXHIBIT "A"
LEGAL DESCRIPTION OF REMAINDER 1
[to be added]
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RICHARDS, WATSON & GERSHON
A Professional Corporation
MICHAELF. YOSHIBA(l77301)
PAULA GUTIERREZ BAEZA (198653)
1 Civic Center Circle
Post Office Box 1059
Brea, California 92822-1059
Telephone: (714)990-0901
Facsimile: (714) 990-6230
Attorneys for Plaintiff,
City of Temecula
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA, a municipal
corporation,
Case No. RIC 412290, Lead Case and
Consolidated with Case No. RIC 398767
Plaintiff,
nmGMENT IN CONDEMNATION
v.
[APN 921-020-075]
RANCHO CALIFORNIA BUSINESS PARK
ASSOCIA nON, a non-profit corporation; et
a1.,
Exempt from Filing Fees Pursuant to Gov!. Code
~6I03
Defendants.
OSC Re: Dismissal Hearing:
Date: September 27, 2008
Time: 8:30 a.m.
Dept.: 06
RANCHO CALIFORNIA BUSINESS PARK
ASSOCIATION, a non-profit corporation,
Plaintiff,
v.
CITY OF TEMECULA, a municipal
corporation,
Defendant.
The Rancho California Business Park Association commenced the Declaratory Relief
Action titled Rancho California Business Park Association v. City ofTemecula, et at., Riverside
County Superior Court Case No. RIC 398767 on or about August 28,2003 pursuant to Code of
Civil Procedure Section 1060 seeking a judicial detennination regarding the respective rights and
11 086\0 130\907927.1
Judgment in Condemnation
EXIlIBIT "E"
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duties of the City and the Association in connection with the Declaration of Protective Covenants
for Rancho California Business Park recorded on November 2, 1984 in Book 1984, Page 237558
of the Official Records of Riverside County, California (referred to hereafter as "Declaration of
Protective Covenants").
The City ofTemecula ("City" or "Plaintiff') commenced the eminent domain proceeding
titled City of Temecula v. Rancho California Business Park Association, et al., Riverside County
Superior Court Case No. RIC 412290 on May 18, 2004 to acquire certain real property interests
located in the City of Temecula for street realignment and improvement purposes, and all uses
necessary or conveuient thereto in connection with the Diaz Road Realignment Project
("Project").
The real property interests the City seeks to acquire are the Covenants, Conditions, and
Restrictions set forth in the Declaration of Protective Covenants that encumber and prohibit the
improvement of Parcell & 2 of Parcel Map No. 19580, City of Temecula, Califoruia, identified
as Assessor's Parcel Number 921-020-075 with the proposed Project's realignment and
improvement ofDiaz Road ("Subject Property Interests"). The Subject Property Interests are
described more particularly in the Amendment to Complaint in Eminent Domain filed with the
Court on August 25, 2005 and below.
The Court consolidated the Declaratory Relief Action and eminent domain proceeding.
This fmal Judgment in Condemnation is entered as to these consolidated matters.
On June 17, 2004, pursuant to Code of Civil Procedure Section 1255.010, et seq. the City
deposited with the Clerk of the Court the sum of$2,000.00 (Two Thousand Dollars) as the
amount of probable compensation to be awarded for the Subject Property Interests.
Defendants Temecula Enterprises, LTD., TPX, L.P., Isomedix Operations, Inc., a
Delaware Corporation, Foremost Caramel Mountain Ltd., Beal Bank, David L. Herbrandson,
Deborah M. Herbrandson, John H. Luttgens and Jeuise M. Luttgens, Co-Trustees of the Luttgens
Family Trust, Under Deciaration of Trust Dated September 5, 2002, RCI Business Park 43195,
and Rancho California Water District (sued herein as Santa Roses Ranches Water District) filed
Disclaimers of Interest herein, disclaiming any right, title, or interest in or to the Subject Property
11086\0130\907927.1
Judgment in Condemnation
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Interests as described in Plaintiff's Complaint and to the just compensation to be awarded in this
proceeding. Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said
Defendants have no remaining interest in the Subject Property Interests.
Defendants Lot 11 BPD, LLC, James A. Brady and Carol A. Brady, Trustees of the Brady
Family Trust, Thomas E. Ames, Christina B. Ames, E&S McDonald Properties, Stanley Allen
Schroeder, Shawn E. Brawner, Lisa R. Brawner, W. Plastics Inc., Temecula Business Park
Partners, Ciervo Investments, Inc., Musk Ox Properties, L.P., The Finance Group, L.P., The
Finance Group, International Rectifier Corporation, Leed Rancho California I Partnership, Park
Heights Properties, Vincent J. Stagliano and Peggy S. Stagliano, Trustees ofthe Stagliano Family
Trust Dated December 14, 1998, Save Most Desert Rancho, LTD, L2H Properties Company,
Windsor Park, LLC, Gustavo Nuno and Elia Nuno, were regularly served with process in this
proceeding as evidenced by the proofs of service filed in this proceeding and documents
submitted in connection with the Plaintiff's request for entry of default of said Defendants. Said
Defendants failed to appear and answer the Plaintiffs Complaint filed herein. The default of
these Defendants was duly entered by the Court on or about February 14, 2004, and the Court has
considered evidence on these matters. Accordingly, IT IS FURTHER ORDERED, ADJUDGED
AND DECREED THAT a default judgment is entered against said Defendants.
Defendants Robert Q. Stanton and Marie H. Stanton, Trustees of the Stanton Faruily
Trust, Est. March 30, 1977, SBS Realty, Inc., Stephen Cavadias and Tula Cavadias, Trustees
and/or Successor Trustees ofthe Cavadias Family 2003 Trust Dated June 19,2003, Saxony
Village Partnership were regularly served with process in this proceeding as evidenced by the
proofs of service filed in this proceeding and documents submitted in connection with Plaintiff's
request for entry of default of said Defendants. Said Defendants failed to appear and answer the
Plaintiff's Complaint filed herein. The default of these Defendants was been duly enteredby the
Court on or about June 7, 2005, June 7, 2005, September 7, 2005, and October 11, 2005,
respectively, and the Court has' considered evidence on these matters. Accordingly, IT IS
FURTHER ORDERED, ADJUDGED AND DECREED THAT a default judgment is entered
against said Defendants.
11086\0130\907927.1
Judgment in Condemnation
3
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Does 1 through 100 inclusive and Any and All Persons Vnknown Having or Claiming to
Have Any Title or Interest in or to the Subject Property Interests have been dismissed.
The City and Defendant Eastern Municipal Water District resolved the issues between
them pursuant to a Stipulation for Entry of Judgment filed with the Court on November 18,2004.
Eastern Municipal Water District was subsequently dismissed from the proceeding pursuant to
the Ierms of said Stipulation. Accordingly, IT IS FURTHER ORDERED, ADJUDGED AND
DECREED THAT the Stipulation for Entry of Judgment between the City and Eastern Municipal
Water District is incorporated in this final Judgment in Condemnation.
The Ci~y and Defendants Rancho California Business Park Association and Chemicon,
Inc. (successor to the interests of Defendants David A. Beckman and Keiko I. Beckman, Trustees
of the Beckman Family Trust VIA 11/14/90) entered into a Stipulation for Entry of Judgment and
Final Order of Condemnation and For Withdrawal of Funds on Deposit in this proceeding to
settle all issues between them in these consolidated matters, which was filed with the Court on or
about
, 2006 ("Stipulation for Judgment"). Accordingly, IT IS FURTHER
ORDERED, ADJUDGED AND DECREED that said Stipulation for Judgment is incorporated in
this final Judgment in Condemnation.
Pursuant to the Stipulation for Judgment, the total monetary just compensation to be paid
herein by Plaintifffor the benefit of said Defendants is the sum of $15,000.00. An
Acknowledgment of Receipt of Just Compensation signed by Counsel for Chemicon, Inc. and
filed with the Court on
,2006, acknowledged the receipt of City ofTemecula
warrant number
for the sum of$15,000.00. Accordingly, IT IS HEREBY ORDERED,
%:
ADJUDGED AND DECREED that Plaintiff has paid the total monetary just compensation set
forth in said Stipulation for Judgment.
Pursuant to the Stipulation for Judgment and the Order Authorizing the Withdrawal of
Funds on Deposit entered by the Court on
, 2006, the County Clerk is to disburse to
Plaintiff the $2,000.00 principal on deposit together with any interest that has accrued on said
deposit.
III
11086\0130\907927.1
Judgment in Condemnation
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Subject Property
Jnterests, which are described more particularly in the Amendment to Complaint in Eminent
Domain filed with the Court on August 25, 2005 and below shall be taken for a public use,
namely for street purposes and all uses necessary or conveuient thereto in connection with the
Diaz Road Realignment Project. The Subject Property Interests are:
Covenants, Conditions, and Restrictions set forth in the Declaration of Protective
Covenants of Rancho California Business Park recorded on November 2, 1984 in
the Official Records of Riverside County, California, Book 1984, Page 237558
that encumber and prohibit the improvement of the real property commonly
known as Parcell and 2 of Parcel Map No. 19589, City of Temecula, and
identified as Assessor's Parcel Number 921-020-075, with the realignment and
improvement ofDiaz Road as proposed by the Diaz Road Realignment Project.
The City is the record owner ofthe real property commonly known as Parcell and 2 of Parcel
Map No. 19589, City ofTemecula, and identified as Assessor's Parcel No. 921-020-075 (referred
to below as the "City-owned property"). A diagram depicting the Subject Property Interests and
Parcell and 2 in relation to the Diaz Road Realignment Project is attached hereto as Exhibit "A"
and is incorporated herein by this reference.
IT IS FURTHER ORD'ERED, ADJUDGED AND DECREED that the Subject Property
Interests on the portion of the City-owned property that will be used for street purposes and all
uses necessary or conveuient thereto in connection with the Diaz Road Realignment Project is
condemned by Plaintiff, its successors and its assigns and is thus no longer subject to the
Declaration of Protective Covenants for Rancho California Business Park recorded on November
2, 1984 in the Official Records of Riverside County, California, Book 1984, Page 237558.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the approximate 3.0-
acre remainder portion ofthe City-owned property that is not being used as part ofthe Diaz Road
Realignment Project and which is marked as "Remainder 1" on Exhibit "A" hereto shall remain
subject to the Declaration of Protective Covenants for Rancho California Business Park recorded
on November 2, 1984 in the Official Records of Riverside County, California, Book 1984, Page
237558. This 3.0-acre remainder parcel shall have full voting rights and will remain subject to
the full assessment obligations of the Declaration of Protective Covenants. The future assessment
of fees by the Association shall remain in proportion to the size of City-owned property
11086\0130\907927.1
Judgment in Condemnation
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1 originally established in 1984 by Kaiser Development Company and as described in the
2 Declaration of Protective Covenants. The obligations for "Remainder 1" shall be set forth in a
3 separate covenant recorded against said remainder parcel.
4 IT IS FURTHER ORDERED, ADJUDGED AND DECREED thatthe approximate 0.88-
5 acre remainder portion of the City-owned parcel that is not being used for the Diaz Road
6 Realignment Project shall, at the City's sole discretion, either be (i) transferred to the adjacent
7 property commonly known as 43445 Business Park Drive, Temecula, and identified as
8 Assessor's Parcel Number921-020-039, which is owned by Outdoor Channel (Musk Ox) and
9 thus remain subject to the Declaration of Protective Conditions, Covenants and Restrictions; (ii)
10 split by extension of the property line out to the realigned Diaz Road between the adjacent parcel
11 owned by Outdoor Channel (Musk Ox) and the adjacent parcel commonly known as 28075 Diaz
12 Road, Temecula, and identified as Assessor's Parcel Number 921-040-028, which is owned qy
13 Jerry Morter and Linda e. Morter, Trustees of the Morter Family Trust of 1994 (currently
14 occupied by Western Eagle Foundation and referred to below as the "Morter Parcel"); or (iii)
15 used by the City or its successor for landscaping or parkway purposes. If a portion of this 0.88-
16 acre remainder parcel is transferred to the Morter parcel pursuant to option c(ii) above, such
17 property may be used by the owners and their successors and assigns for driveway access,
18 parking subject to City setback requirements, and/or landscaping purposes. ~o structure in
19 violation of the Declaration of Protective Conditions can be placed on this portion of the 0.88-
20 acre remainder parcel. This approximate 0.88-acre remainder parcel is labeled ''Remainder 2" on
21 Exhibit "A" hereto. If Outdoor Channel/Musk Ox or the Morters are not interested in acquiring
22 the respective portion of the 0.88 remainder City-owned parcel pursuant to option c(ii) above, the
23 City and its successors and assigns may use such portion for landscaping or parkway purposes.
24 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the City shall install a
25 signal light at the western intersection of Business Park Drive and Rancho California Road and
26 that the City expects that this signal will be installed within approximately twelve (12) months of
27 the City Council's approval of the signal.
28 III
11086\0130\907927.1
Judgment in Condemnation
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I IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the signal light that
2 the City will install at the western intersection of Business Park Drive and Rancho California
3 Road shall remain subject to City review and that the City Council may determine in the future,
4 at its sole discretion, based on changes in the City's traffic circulation or on the construction of
5 other street improvements in the vicinity of the subject signal that the signal may be removed at
6 such time and that the City shall follow all requirements in connection with any such decision
7 regarding the removal of the signal.
8 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that consistent with the
9 Stipulation for Judgment, the Association and Chemicon shall not bring an action against the
10 City in the future in connection with the City's removal, ifany, of the signal light at the western
11 intersection of Business Park Drive and Rancho California Road.
12 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the use for which the
13 Subject Property Interests are sought to be condenmed, namely for street purposes, and all uses
14 necessary or convenient thereto, is a public use; that the public interest and necessity require the
15 project for which the Subject Property Interests are sought to be condenmed; that the Project is
16 planned and located in the manner that will be most compatible with the greatest public good and
17 the least private injury; that the Subject Property Interests are necessary for the Project; and that
18 Plaintiff is entitled to condemn said property for such use by virtue of the provisions of
19 California Constitution Article 1, Section 19, California Government Code sections 37350,
20 37350.5,37351,40401, and 40404, and by California Code of Civil Procedure sections
21 1230.010, et seq. (Eminent Domain Law), including but not limited to sections 1240.010 through
22 1240.050, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and by other
23 provisions oflaw.
24 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that consistent with the
25 Stipulation for Entry of Judgment and Final Order of Condemnation and for Withdrawal of
26 Funds on Deposit entered into between Plaintiff and Defendants Rancho California Business
27 Park Association and Chemicon, Inc. the monetary payment to Defendant Chemicon of the total
28 sum of $15,000.00 (Fifteen Thousand Dollars) together with the obligations and items set forth
11086\0130\907927.1
Judgment in Condemnation
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1 above, shall be in full and final settlement of any and all of the claims of Defendants Association
2 and Chemicon claims arising out of or in connection with the City's taking of the Subject
3 Property Interests for the Diaz Road Realignment Project, including, but not limited to claims for
4 compensation for the Subject Property Interests, severance damages, cost to cure damages,
5 inverse condemnation, precondemnation damages, de facto taking, loss of goodwill, damages for
6 violation of civil or constitutional rights, costs, litigation expenses, expert witness fees, attorneys
7 fees, interest, relocation assistance and benefits, improvements pertaining to the realty, fixtures,
8 furniture and equipment, moving expenses, abandonment costs, or any other damages of every
9 kind and nature suffered or to be suffered by Defendants Association and Chemicon by reason of
10 the City's acquisition of the Subject Property Interests, the Project for which the City is acquiring
11 the Subject Property Interests and the consolidated matters.
12
13
14
IT IS SO ORDERED.
Dated: , 2006
JUDGE OF THE SUPERIOR COURT
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RICHARDS, WATSON & GERSHON
A Professional Corporation
MICHAEL F. YOSHIBA (177301)
PAULA GUTIERREZ BAEZA (198653)
I Civic Center Circle
Post Office Box 1059
Brea, California 92822-1059
Telephone: (714)990-0901
Facsimile: (714) 990-6230
Attorneys for Plaintiff,
City of Temecula
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA, a muuicipal
corporation,
Case No. RIC 412290, Lead Case and
Consolidated with Case No. RIC 398767
Plaintiff,
FINAL ORDER OF CONDEMNATION
v.
[APN 921-020-075]
RANCHO CALIFORNIA BUSINESS PARK
ASSOCIATION, a non-profit corporation; et
aI.,
Exempt from Filing Fees Pursuant to Gov!. Code
~6103
Defendants.
OSC Re: Dismissal Hearing:
Date: September 27, 2008
Time: 8:30 a.m.
Dept.: 06
RANCHO CALIFORNIA BUSINESS PARK
ASSOCIATION, a non-profit corporation,
Plaintiff,
v.
CITY OF TEMECULA, a muuicipal
corporation,
Defendant.
Judgment in Condemnation having been entered herein, and said Judgment having
provided that Plaintiff City of Temecula ("City" or "Plaintiff') has paid the total smn specified in
said Judgment to Reid & Hellyer Client Trust Account for the benefit of Defendant Chemicon,
Inc. (successor to the interests of the Beckmans) and that Defendant Rancho California Business
Final Order of Condemnation
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Park Association ("Association") will not receive any monetary compensation herein; and it
appearing to the Court that Plaintiff has paid for the benefit of Defendant Chemicon the total sum
specified in said Judgment as evidenced by the Acknowledgment of Receipt of Just
Compensation of City of Temecula Warrant Submitted by Counsel for Defendant Chemicon; and
It further appearing to the Court that the parties have agreed to the other non-monetary
terms of settlement set forth in the Judgment; and
It further appearing to the Court that all other Defendants have been served with process;
NOW, THEREFORE, IT IS HEREBY ORDERED that the Subject Property Interests
described in the Amendment to Complaint in Eminent Domain filed on August 25, 2005, and
below are condemned and taken for a public use, namely for street purposes and all uses
necessary or conveuient thereto in connection with the Diaz Road RealignmentProject. The
Subject Property Interests are:
Covenants, Conditions, and Restrictions set forth in the Declaration of Protective
Covenants of Rancho California Business Park recorded on November 2, 1984 in
the Official Records of Riverside County, California, Book 1984, Page 237558
that encumber and prohibit the improvement of the real property commonly
known as Parcell and 2 of Parcel Map No. 19589, City ofTemecula, and
identified as Assessor's Parcel Number 921-020-075, with the realignment and
improvement ofDiaz Road as proposed by the Diaz Road Realignment Project.
The City is the record owner of the real property commonly known as Parcell and 2 of Parcel
Map No. 19589, City of Temecula, and identified as Assessor's Parcel No. 921-020-075 (referred
to below as the "City-owned property"). The Subject Property Interests are of no further effect
on the portion of the City-owned property that will be sued for street purposes and all uses
necessary or convenience thereto in connection with the Diaz Road Realignment Project. A
diagram depicting the Subject Property Interests and Parcell and 2 in relation to the Diaz Road
Realignment Project is attached hereto as Exhibit "A" and is incorporated herein by this
reference.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that on recording a
certified copy ofthis Final Order of Condemnation with the County Recorder of the County of
Riverside, State of California, the Subject Property Interests on the portion of the City-owned
Final Order of Condemnation
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1 property that will be used for street purposes and all uses necessary or convenient thereto in
2 connection with the Diaz Road Realignment Project is condemned by Plaintiff, its successors and
3 its assigns and is thus no longer subject to the Declaration of Protective Covenants for Rancho
4 California Business Park recorded on November 2, 1984 in the Official Records of Riverside
5 County, California, Book 1984, Page 237558.
6 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the approximate 3.0-
7 acre remainder portion of the City-owned property that is not being used as part of the Diaz Road
8 Realignment Project and which is marked as "Remainder 1" on Exhibit "A" hereto shall remain
9 subject to the Declaration of Protective Covenants for Rancho California Business Park recorded
10 on November 2, 1984 in the Official Records of Riverside County, California, Book 1984, Page
11 237558. This 3.0-acre remainder parcel shall have full voting rights and will remain subject to
12 the full assessment obligations ofthe Declaration of Protective Covenants. The future assessment
13 of fees by the Association shall remain in proportion to the size of City-owned property in the
14 before condition as in existence on May 18, 2004.
15 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the approximate 0.88-
16 acre remainder portion of the City-owned parcel that is not being used for the Diaz Road
17 R",alignment Project shall, at the City's sole discretion, either be (i) transferred to the adjacent
18 property commonly known as 43445 Business Park Drive, Temecula, and identified as
19 Assessor's Parcel Nurnber921-020-039, which is owned by Outdoor Channel (Musk Ox) and
20 thus remain subject to the Declaration of Protective Conditions, Covenants and Restrictions; (ii)
21 split by extension of the property line out to the realigned Diaz Road between the adjacent parcel
22 owned by Outdoor Channel (Musk Ox) and the adjacent parcel commonly known as 28075 Diaz
23 Road, Temecula, and identified as Assessor's Parcel Number 921-040-028, which is owned by
24 Jerry Morter and Linda C. Morter, Trustees ofthe Morter Family Trust of 1994 (currently
25 occupied by Western Eagle Foundation and referred to below as the "Morter Parcel"); or (iii)
26 used by the City or its successor for landscaping or parkway purposes. If a portion ofthis 0.88-
27 acre remainder parcel is transferred to the Morter parcel pursuant to option c(ii) above, such
28 property may be used by the owners and their successors and assigns for driveway access,
Final Order of Conderrmation
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1 parking subject to City setback requirements, and/or landscaping purposes. No structure in
2 violation of the Declaration of Protective Conditions can be placed on this portion of the 0.88-
3 acre remainder parcel. This approximate 0.88-acre remainder parcel is labeled "Remainder 2" on
4 Exhibit "A" hereto. If Outdoor Channel/Musk Ox or the Morters are not interested in acquiring
5 the respective portion of the 0.88 remainder City-owned parcel pursuant to option c(ii) above, the
6 City and its successors and assigns may use such portion for landscaping or parkway purposes.
7 The Clerk is ordered to enter this Final Order of Condemnation forthwith.
8 IT IS SO ORDERED.
9
10
Dated:
,2006
JUDGE OF THE SUPERIOR COURT
Final Order of Condemnation
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ITEM NO. 16
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
August8,2006
SUBJECT:
Second Amendment to Agreement for Landscape Plancheck and Inspection
Services Between the City of Temecula and PELA
PREPARED BY:
Stephen Brown, Principal Planner
RECOMMENDATION: That the City Council approve the second amendment to a contract
with PELA, for Landscape Plancheck and Inspection Services in the amount of $6,500.00 with a
total contract amount not to exceed $106,500.00.
BACKGROUND: The Community Development Department's Planning Division has for
the past eleven years utilized the services of a consultant as an extension of staff to provide
landscape review and inspection services. Over that period of time, the Department has retained
the services of PELA to perform these services. Their contract expires on August 31, 2006.
Staff would like to note that the landscape review services are provided on a cost recovery basis.
The Planning Department requests a line item during the City's annual operating budget process to
fund the on-going task of landscape review. The landscape contractor invoices the City and is paid
from the line item. Fees paid by applicants during the development review process are paid to the
General Fund, which offsets the invoiced amounts paid by the City to the landscape review
contractor.
PELA elected to not renew the contract for landscape services for the 2006-07 Fiscal Year.
Consequently, the Planning Department contracted with another firm to perform the same services
effective July 1 ,2006. I n order to facilitate the transition from one firm to another, PELA consented
to continue to process the landscape plans it had already substantially reviewed. The Planning
Department is requesting additional funding to complete this limited review process. As the original
contract was approved by the City Council, amendments must also be approved by Council action.
FISCAL IMPACT: Payments to the consultant will be paid from the Planning Department
budget and adequate funds remain in the FY 2005-2006 Operating Budget under line item number
001.161.999.5248.
ATTACHMENTS: Second Contract Amendment between the City and PELA for
Landscape and Plancheck and Inspection Services.
SECOND AMENDMENT TO AGREEMENT
BElWEEN CITY OF TEMECULA AND
PELA
LANDSCAPE PLANCHECK AND INSPECTION
THIS SECOND AMENDMENT is made and entered into as of August 8, 2006 by and
between the City of Temecula, a municipal corporation ("City") and PELA ("Conaltant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On July 1, 2005 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for Landscape and Plancheck Services"
("Agreement") in the amount of $100,000.00.
B. The parties now desire to increase the payment for services in the
amount of $6,500.00 and amend the Agreement as set forth in this Amendment.
2. Section 4.a Pavment of the Agreement is hereby amended to read as follows:
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B for services described in Section
B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in
full.. The first amendment amount shall not exceed Six Thousand Five Hundred Dollars and no
Cents ($6,500.00) for additional landscape plancheck and inspection services for a total
agreement amount, of $106,500.00 (One Hundred Six Thousand Five Hundred Dollars and No
Cents).
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
C:\WI N DOWSlapsdoclnettemp\3860\$ASQpdf813155. doc
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:
BY:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONSULTANT
PELA
637 Arden Drive
Encinitas, CA 92024
Attention: Michael G. Elliott
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
R:/purchasing/agreement samples.Amendment.2006 2
I
ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YV)
OB/OB/05
PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cavignac & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
450 B Street, Suite 1800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego, CA 92101-8005 INSURERS AFFORDING COVERAGE
Jolinda Kramer
INSURED INSURER A XL Boecial tv Insurance Comoanv
Pamela Elliott ASLA
dba: PELA Pamela Elliott Landscape Architecture INSURER 8 Uni ted States Fidelity & Guaranty Company
637 Arden Drive INSURER C
Encinitas, CA 92024 INSURER 0
I INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IINi'~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg~I.fJ,EXPIRATION LIMITS
B ~NERAL LIABILITY BK01180629 OB/09/05 OB/09/06 EACH OCCURRENCE $1,000,000
X COMMERCiAl GENERAl LIABILITY FIRE DAMAGE (Anyone fire) $300,000
I CLAIMS MADE 0 OCCUR MEO EXP (Anyone person) $10,000
X Broad Fonn PERSONAl & A[)V INJURY $1,000,000
-
X Blkt Contractual GENERAL AGGREGATE $ 2,000,000
-
~'L AGG~E~E LIMIT APnS PER PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY X P.f~T LOC
B ~OMOBILE LIABILITY BK01180629 OB/09/05 OB/09/06
COMBINED SINGLE LIMIT $1,000,000
(Ea accident)
- ANY AUTO
- ALL OVvNED AUTOS BODIL Y INJJRY
(Per person) $
- SCHEDULED AUTOS
--"- HIRED AUTOS BODIL Y INJJRY
$
X NON-OV\f1\JED AUTOS (Per accident)
-
X No Company OWned Autos
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS LIABILITY EACH OCCURRENCE $
~:~rOCCUR D CLAIMS MADE AGGREGATE $
$
=1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I T':\6~;~I,~~ I I OJ,;'
EMPLOYERS' LIABILITY
EL EACH ACCIDENT $
EL DISEASE - EA EMPLOYEE $
EL DISEASE - POLICY LIMIT $
OTHER
A Professional Liability DPS9410758 OB/09/05 OB/09/06 Each Claim $1,000,000
Aggrega te $1,000,000
$
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability - Claims Made Form, Aggregate Limit Policy. Defense costs Included within Limit of Liabili ty.
Certificate Holder is named as Additional Insured as respec ts to General Liability per attached.
*10 days notice of cancellation for non-payment of premium.
CERTIFICATE HOLDER I y I ADDITIONAL INSURED. INSURER LETTER: B CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLlOES BE CANCELLED BEFORE THE EXPIRATION
City of Temecula DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
-
Community Development Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
43200 Business Park Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
P.O. Box 9033 REPRESENTATIVES.
Temecula, CA 92589-9033 AUTHORIZED REPRESENTATIVE
I USA 9(,;J-..J1it-t-."'''"
ACORD 25-S (7/97) Katherine
3294407
@ACORDCORPORATlON 1988
Named Insured: Pamela Elliott ASLA
. dba: PELA Pamela Elliott Landscape Architecture
Policy Number: BKOllB0629
Owners, Lessees Or Contractors (Form C)
ADDITIONAL INSURED Effective OB/09/05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following;
LIABILITY COVERAGE PARl
Schedule
Name of Person or Organization:
City of Temecula
1. SECTION II - WHO IS AN INSURED is amended to include as
an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of
"your work" for that insured by or for you.
2. With respect to 1. above the fOllowing additional provision
applies:
SECTION IV. 5. Other Insurance is replaced by the
fOllowing:
5. Other Insurance.
The insurance afforded by this Coverage Part is
primary insurance and we will not seek contribution
from any valid and collectible "other insurance"
available to the insured unless the
CLlBF 22 45 09 99
valid and collectible "other insurance" is provided by
a person or organization who is not shown in the
schedule. Then we will share with that valid and
collectible "other insurance" by the method described
below.
If all of the valid and collectible "other insurance"
permits contribution by equal shares, we will follow
this method also. Under this approach, each insurer
contributes equal amounts until it has paid its
applicable limit of insurance or none of the loss
remains, whichever comes first.
if any of the valid and collectible "other insurance"
does not permit contribution by equal shares, we will
contribute by limITs. Under this method, each
Insurer's share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
Includes copyrighted material of Insurance e Services Office, Inc. , with its pennission.
Copyrighted, Insurance Services Office, Int., 1984
Pagelof1
ITEM NO. 17
Approvals
City Attorney
Director of Finance
City Manager
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LM
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Anthony Elmo, Director of Building and Safety
DATE:
August8,2006
SUBJECT:
Second Amendment of Contract Inspection Services for P & D Consultants
PREPARED BY:
Diane Ball, Administrative Assistant
RECOMMENDATION: That the City Council approves:
1. A Second Amendment for Consultant Services with P & D Consultants in an amount not to
exceed $11,000.00 to complete Fiscal Year 2005-2006.
BACKGROUND: P & D Consultants has provided supplemental building inspection services to
the Building and Safety Department for the past several years. During this time we have continued
to have a need for experienced certified building inspectors to supplement our regular inspection
staff in dealing with the high volume of construction activity. With the advent of the Education
Center and Guidant expansion occurring in this next fiscal year, staff feels that supplemental
inspection services is warranted.
FISCAL IMPACT: There are currently budgeted funds in the Fiscal Year 2005-2006 Operating
Budget Account No. 001-162-999-5250 "Other Outside Services", for this purpose.
ATTACHMENTS:
P & D Consultants Second Amendment
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND P & D CONSULTANTS
THIS SECOND AMENDMENT is made and entered into as of August 8, 2006 by and
between the City of Temecula, a municipal corporation ("City" and P & D Consultants,
(Consultant"). In consideration ofthe mutual covenants and conditions set forth herein, the parties
agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On Julv L 2005 the City and Consultant entered into that certain agreement
entitled "City of Temecula Agreement for Consultant Services" ("Agreement") in the amount of Fifty
Two Thousand dollars $52,000 plus a 10% contingency.
B. The contract was amended on October 11, 2005 and added an additional Fifty
Two Thousand Dollars ($52,000) plus a 10% contingency.
C. The parties wish to amend the existing agreement by adding an additional
Eleven Thousand Dollars ($11,000).
The parties now desire to amend the Agreement as set forth in this Amendment.
2. Section 4a ofthe Agreement is hereby amended to read as follows:
A. PAYMENT: The City agrees to pay Consultant monthly, in accordance with
the payment rates and schedules and terms set forth in Exhibit B for services described in Section B
of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full.
The second amendment amount shall not exceed Eleven Thousand Dollars and no Cents ($11,000)
for additional inspection staff services for a total contract amount, of One Hundred and Fifteen
Thousand Dollars and no Cents ($15,000 ).
3. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
Cl WINDOWSlAPSDOCINETTEMPI50761 $ASQPDF813163.DOC
1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF TEMECULA
BY:
Ron Roberts, Mayor
ATTEST:
BY:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONSULTANT
BY:
P & D Consultants
Cl WINDOWSlAPSDOCINETTEMPI50761 $ASQPDF813163.DOC
2
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM NO. 18
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
JULY 25, 2006
A regular meeting of the City of Temecula Community Services District was called to order at
7:20 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Naggar, Roberts, Washington,
and Comerchero
ABSENT:
o
DIRECTORS:
None
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
16 Minutes
RECOMMENDATION:
16.1 Approve the minutes of July 11, 2006.
17 Second Amendment to the Heatinq and Air Conditioninq Service Aqreement with Southcoast
Heatinq and Air Conditioninq for Fiscal Year 2006-2007
RECOMMENDATION:
17.1 Approve the Second Amendment with Southcoast Heating and Air Conditioning for
$40,000, to provide Heating and Air Conditioning Maintenance Services and extend
the Agreement to June 30, 2007.
MOTION: Director Edwards moved to approve the Consent Calendar. Director Roberts
seconded the motion and electronic vote reflected unanimous approval.
CSD DEPARTMENTAL REPORT
18 Community Services Department Monthlv Report
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comments.
R:\Minutes\072506
CSD GENERAL MANAGER'S REPORT
No additional comments.
CSD BOARD OF DIRECTORS' REPORTS
No additional comments.
CSD ADJOURNMENT
At 7:21 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, August 8, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing
at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
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ITEM NO. 19
Approvals
City Attorney
Director of Finance
City Manager
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TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
August 8,2006
SUBJECT:
Graphic Design Agreement with Adkins Consulting
PREPARED BY:
Martin Betz, Cultural Arts Administrator
RECOMMENDATION: That the Board of Directors approve an agreement with Adkins
Consulting in the amount of $30,000 to provide graphic design services forthe Cultural Arts Division
and the Temecula Public Library and Patricia H. Birdsall Sports Park grand openings.
BACKGROUND: On February 10,2005, the City Manager executed an Agreementfor
graphic design work with Adkins Consulting for the Old Town Temecula Community Theater.
Some of the services provided by Adkins Consulting have been:
o Design the Theater logo, tickets, color palette and other print materials
o Develop Theater grand opening and other promotional materials
o Design and implement the Theater website
o Design and layout the semi-annual Cultural Arts Brochure
One of the City's goals at the theater as been to maintain a readily identifiable design so that all
theater materials and City-produced performances will be easily recognized by patrons. Adkins
Consulting has created an integrated and united design for all theater materials. Based on the City's
desire to preserve and expand the use of the design, Adkins Consulting is a sole source for Cultural
Arts graphic design services.
The proposed FY 2006/07 agreement will provide for several cultural arts and branding projects.
Projects in the fiscal year include: two (2) Cultural Arts brochures, a season brochure for Temecula
Presents, ten (10) newspaper ads for theater performances, six posters for theater productions, a
logo and style guide for the Temecula Public Library, a logo and style guide for the Patricia H.
Birdsall Sports Park, and various promotional items for the Temecula Valley Museum and the
Imagination Workshop, Temecula Children's Museum.
FISCAL IMPACT: The cost of graphic design services for fiscal year 2006/07is for an
amount not to exceed $30,000. Sufficient funds are available in the TCSD operating budget.
ATTACHMENTS:
Professional Services Agreement.
AGREEMENT
FOR CONSUL TANT SERVICES
BETWEEN THE CITY OF TEMECULA
AND ADKINS CONSULTING
THIS AGREEMENT is made and effective as of July 1, 2006, between the City of
Temecula, a municipal corporation ("City") and Adkins Consulting ("Consultant"). In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1,2006, and shall remain
and continue in effect through June 30, 2007 with an option for two (2) one-year extensions, unless
sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of 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 in accordance with the payment rates and
terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached
hereto and incorporated herein by this reference as though set forth in full, based upon actual time
spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of
payment are null and void. This amount shall not exceed thirty thousand dollars ($30,000) 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.
c. Consultant will submit invoices for actual services performed. Payment shall
be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City
disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of
an invoice of any disputed fees set forth on the invoice.
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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 is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. DEFAUL T OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equityor 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 identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
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may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
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, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
9. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control overthe 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.
10. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in anyway affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
11. 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 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
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request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
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. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Adkins Consulting
45981 Classic Way
Temecula, CA 92592
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. 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.
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 such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
16. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
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in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
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 orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
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 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
Shawn D. Nelson, City Manager
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Gus Papagolos, Fiscal Services Manager
CONSUL TANT
Robbie Adkins, Principal
Adkins Consulting
45981 Classic Way
Temecula, CA 92592
951.695.2662 - Voice and Fax
Robbie Adkins, Principal
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lAD KIN S rm:I:!I!ImI
45981 Classic Way
Temecula, CA 92592
951.695.2662 - Voice and FAX
rabbieadkins@adelphia.net
www.adkinsconsult.com
Project Proposal- Scope of Work
Date: 7/25/06
To: Martin Betz
City of Temecula
From: Robbie Adkins
Projects: Design and produce comera ready art various projects listed below far the City of Temecula, fiscol year 2006/07.
EXHIBIT A
TASKS TO BE PERFORMED - Scope of Work
Consultant shall design and provide production files of camera-ready art and coordinate with printers far production and
delivery of final products far:
1. two (2) eight-page Cultural Arts Schedule of Classes. A MS Ward document from the pervious year, same season, will
be provided to the City in advance of each project.
2. the 2007/08 season brochure far Temecula Presents with text and images supplied by City.
3. ten (10) newspaper ads far Old Town Temecula Community Theater and Temecula Presents, including the First
Anniversary Celebration far the Old Town Temecula Community Theater.
4. ten (10) upcoming events flyers and performance programs far Old Town Temecula Community Theater.
5. two (2) color advertisements to promote Old Town Temecula Community Theater far bath performances and use as a
business presentation facility in various magazine directories.
6. six (6) posters far Old Town Temecula Community Theater and Temecula Presents far light boxes in theater courtyard.
7. various ca-pramatianal materials far Old Town Temecula Community Theater, Imagination Workshop and Temecula
Valley Museum.
8. a Logo and Style Guide far the new Temecula Public Library in coordination with all decision makers involved with that
entity.
9. Library Grand Opening Announcements, Invitations, and ather support items.
10. a logo and style Guide far the new Patricia H. Birdsall Sports Park in coordination with all decision makers involved
withthatpr~ect.
11. grand opening announcements, invitations and ather support items for the Patricia H. Birdsall Sports Park.
12. various promotional items far the Imagination Workshop - Children's Museum.
13. various promotional items far the Temecula Valley Museum.
14. promotion of theatricol events in conjunction with ather groups producing events in the Old Town Temecula Community
Theater to give a "once source" approach to performance information.
15. ather tasks deemed appropriate by Community Services management.
Pge 1 of 2
lAD KIN S rm:I:!I!ImI
45981 Classic Way
Temecula, CA 92592
951.695.2662 - Voice and FAX
rabbieadkins@adelphia.net
www.adkinsconsult.com
Project Proposal- Scope of Work
Date: 7/25/06
To: Martin Betz
City of Temecula
From: Robbie Adkins
Projects: Design and produce camera ready art various projects listed below far the City of Temecula, TIscal year 2006/07.
EXHIBIT B
PAYMENT RATES AND SCHEDULE - Compensation
The City agrees to pay the Consultant up to the amount of $30,000 far the Scope of Work as described in Exhibit A. All
projects shall be billed separately and are due within 30 days from date of invoice. Consultants hourly rate shall be
$70 per hour through 31 December 2006, and $75 per hour through 30 June 2007. All aut of packet expenses
incurred by Consultant shall have a 15% additional fee added at the time of invoice.
Pge 2 of 2
REDEVELOPMENT
AGENCY
ITEM NO. 20
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
JULY 25, 2006
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:21
p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerchero, Edwards, Roberts,
Washington, and Naggar
ABSENT:
o
AGENCY MEMBERS:
None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PRESENTA TIONS/PROCLAMA TIONS
Redevelopment Aqencv Presentation (At the request of Chair Person Naqqar
Per PowerPoint Presentation, Director of Redevelopment and Housing Meyer highlighted on the
Redevelopment Agency's accomplishments, highlighting on the following:
D RDA Funds
D Allocation of RDA Revenues
D Expenditure of RDA Tax Revenue
D Vision
D Old Town Specific Plan
D Implementation (infrastructure)
D Welty Building - before
D Welty Building - after
D The Bank
D Fourth Street Antiques
D 6th Street Parking Lot
D Southside Parking Lot
D WI-FI in Old Town
D Streetscape Improvements
D Implementation (Temecula One Program)
D Implementation (Housing)
D Old Town Temecula Market Assessment
D Theater Design Award
D Development Activity
D Temecula's Redevelopment has provided:
o Affordable Housing
o Removal of Blight
o Reduction in Crime
o Historic Preservation
o Community Higher Education
o Economic Development
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In response to Council Member Edwards' query, Redevelopment and Housing Director Meyer
stated that a total of 358 off-street parking spaces are available in Old Town.
The Agency thanked Mr. Meyer for his presentation.
PUBLIC COMMENTS
No comments.
RDA CONSENT CALENDAR
19 Minutes
RECOMMENDATION:
19.1 Approve the minutes of July 11, 2006.
20 Status Update On Temecula Education Center
RECOMMENDATION:
20.1 Receive and File Status Update on the Temecula Education Center.
MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency
Member Roberts seconded the motion and electronic vote reflected unanimous approval.
RDA DEPARTMENTAL REPORT
21 Redevelopment Department Monthlv Report
RDA EXECUTIVE DIRECTOR'S REPORT
Executive Director Nelson commended Director of Redevelopment and Housing Meyer and
Management Assistant Watson for the PowerPoint Presentation.
RDA AGENCY MEMBERS' REPORTS
Commending Director of Redevelopment and Housing Meyer for his PowerPoint Presentation,
Agency Member Washington requested a copy of the presentation, by way of CD, to share with
WRCOG.
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RDA ADJOURNMENT
At 7:39 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, August 8, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing
at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Michael S. Naggar, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
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ITEM NO. 21
Approvals
City Attorney
Director of Finance
City Manager
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
Genie Roberts, Director of Finance
DATE:
August8,2006
SUBJECT:
Resolution of Intent to Use Tax Allocation Bond Proceeds to Reimburse for Pre-
Bond Expenditures for Old Town Infrastructure Projects
PREPARED BY:
Polly von Richter, Senior Debt Analyst
RECOMMENDATION:
That the Board of Directors:
Adopt a resolution entitled:
RESOLUTION NO. RDA 06-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA EXPRESSING OFFICIAL INTENT
REGARDING CERTAIN OLD TOWN INFRASTRUCTURE
PROJECT EXPENDITURES TO BE REIMBURSED FROM
PROCEEDS OF A TAX-EXEMPT OBLIGATION
BACKGROUND: The Redevelopment Agency expects to expend funds for various Old Town
infrastructure projects, including relocation, demolition and grading costs, undergrounding of utilities,
street improvements, civic plaza improvements and the construction of a roughly 480 space parking
facility (collectively, the "RDA Infrastructure Projects"). The Redevelopment Agency expects to
issue tax allocation bonds, the interest on which will be tax-exempt under applicable federal tax law
(the "Bonds"), to finance costs of the RDA Infrastructure Projects, including the reimbursement to
the Redevelopment Agency of moneys expended by it prior to the date of issuance of the Bonds
(the "Prebond Expenditures").
The Redevelopment Agency's bond counsel has advised that U.S. Treasury Regulation Section
1.150-2 requires that, in order to use proceeds of the Bonds to reimburse the Redevelopment
Agency for the Prebond Expenditure, with certain exceptions, the Redevelopment Agency must
adopt a resolution indicating its official intent to reimburse the Pre bond Expenditures with Bond
proceeds, with the resolution to be adopted not more than sixty days after the Prebond Expenditures
have been made. Staff recommends that the Board of Directors of the Redevelopment Agency
adopt a resolution expressing its official intent to use Bond proceeds to reimburse Prebond
Expenditures made prior to the date of issuance of the Bonds.
FISCAL IMPACT: The adoption of the Resolution will have no immediate financial impact on the
Redevelopment Agency, but will allow the Redevelopment Agency to use tax-exempt tax allocation
bond proceeds, if any such bonds are later issued by the Redevelopment Agency, to reimburse
expenditures made by the Redevelopment Agency for the RDA Infrastructure Projects prior to the
date of issuance of any such bonds.
ATTACHMENTS:
Resolution
RESOLUTION NO. RDA 06-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA EXPRESSING OFFICIAL INTENT
REGARDING CERTAIN OLD TOWN INFRASTRUCTURE
PROJECT EXPENDITURES TO BE REIMBURSED FROM
PROCEEDS OF A TAX. EXEMPT OBLIGATION
THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Redevelopment Agency of the City of Temecula (the "Agency")
expects to expend funds (the "Expenditures") for costs related to Old Town area public
infrastructure improvements, including: (a) the design and construction of a civic plaza
(including hardscape, landscape, irrigation and a water feature) within the confines of
the Main Street "Y" between Old Town Front Street and Mercedes Street, and related
sidewalk improvements; (b) the construction of streetscape enhancements (including
rolled curb and gutter streets, storm drains, sidewalks and street lighting) along
Mercedes Street between Second Street and Sixth Street, and the widening of the
pavement on Mercedes Street between Second Street and Sixth Street; (c) the
construction of a two or three story parking structure east of Mercedes Street at Third
Street with roughly 480 parking spaces and integral office/retail shells fronting Mercedes
Street; (d) the relocation or demolition of existing facilities, and site grading in the Old
Town area of the City of Temecula; and (e) the undergrounding of overhead utility lines
along Old Town Front Street and Mercedes Street between Second Street and Sixth
Street, as well as on Main Street from Murrieta Creek to Mercedes Street (collectively,
the "RDA Infrastructure Projects").
Section 2. The Agency reasonably expects to reimburse itself for the
Expenditures with the proceeds of an obligation (which may include, but is not limited to,
tax allocation bonds of the Agency) the interest on which will be excluded from the
gross income of the owner or owners of such obligation for federal income tax
purposes.
Section 3. The maximum principal amount of the obligation expected to be
issued for the RDA Infrastructure Projects is $30,000,000.
Section 4. This Resolution is a declaration of official intent to reimburse the
Expenditures pursuant to United State Treasury Regulation Section 1.150-2.
Section 5. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Redevelopment Agency of the City of Temecula this 8ttllay of August ,2006.
Michael S. Naggar,Chairperson
ATTEST:
Susan W. Jones, MMC
City Clerk/Board Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula
Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing
Resolution No. RDA 06- was duly and regularly adopted by the Board of Directors of
the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held
on the 8th day of August , 2006, by the following vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W. Jones, MMC
City Clerk/Board Secretary
ITEM NO. 22
Approvals
City Attorney
Director of Finance
City Manager
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
August8,2006
SUBJECT:
Approve a Professional Services Agreement with RBF Consulting for Design
Services for the Old Town Infrastructure Projects - Mercedes Street and Main
Street
PREPARED BY:
Greg Butler, Principal Engineer - CIP
RECOMMENDATION:
That the Agency Members:
1. Approve a Professional Services Agreement with RBF Consulting for design of the
Old Town Civic Center Phase 1 Street Improvements, Mercedes and Main Streets in the
amount of $253,300.00 and authorize the Chairperson to execute the amendment.
2. Authorize the Executive Director to approve Extra Work Authorizations not to exceed
the contingency amount of $25,330.00, which is equal to 10% of the Agreement.
BACKGROUND:
Old Town Civic Center
improvements.
On June 27, 2006 the City Council approved the Master plan of the
and authorized staff to proceed with the design of the Phase 1
Phase 1 of the Old Town Civic Center will design and construct the infrastructure needed to support
a new Civic Center in Old Town. Specifically, a new 480+/- stall parking structure is proposed east
of Mercedes Street at 3'd Street, the street improvements needed to widen Merceds between 2,d St
and 6th streets as well as realign Main Street to the proposed "Y" configuration, and a civic plaza
within the confines of the Main Street "Y" will be completed in this phase. In addition, phase 1
includes roughly 8500 square feet of office/retail space will be designed integral to the parking
structure fronting Mercedes.
In anticipation of the City Council's support of the Old Town Civic Center Master Plan, contingent
proposals to provide professional civil engineering design services for street improved to Mercedes
and Main Streets were solicited from civil engineering design consultants. Staff received proposals
from the following firms:
RBF Consulting
Project Design Consultants (PDC)
Nolte Associates, Inc
Hall and Forman, Inc.
Temecula/San Diego
Temecula/San Diego
San Diego
Temecula
The firms were ranked and staff has determined that the RBF Consulting team (RBF) was the most
qualified consultant based on their submitted proposal. RBF has successfully completed similar
projects for other Cities with commendable results, they are very familiar with the Old Town area
having completed the Old Town Specific Plan and the RBF San Diego office will be providing the
necessary civil design for the on-site work as a subconsultant to NMR, the City's design architect for
the master planning of Old Town Civic Center and the design architect for the parking structure and
civic plaza. For continuity and ease of coordination, RBF's scope of work will include rough grading
plans for the City owned parcels that will ultimately be occupied by the balance of the Old Town
Civic Center. Staff has negotiated a scope of work and an equitable fee with RBF for the
professional civil design services.
FISCAL IMPACT: The necessary street improvements proposed for Mercedes and Main
Streets are included in the FY 06-11 CIP as the Old Town Infrastructure Projects - Mercedes Street
and Main Street project, while the rough grading is shown as the Old Town I nfrastructure Projects-
Relocating of Existing Structures/Demolition and Grading project. These projects will be funded with
future RDA tax allocation bonds. As described above, RBF's agreement covers multiple projects
identified in the current Capital Improvement Program budget, therefore the agreement will be
funded from multiple accounts as detailed below:
CIP Project Description Account Number Amount
OTCC - Street Improvements 210-165-363-5802 $ 250,030.00
OTCC - Demo & Grading 210-165-645-5802 $ 28,600.00
Total $ 278,630.00
ATTACHMENTS:
Project Descriptions & Location Maps
Agreement
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\
AGREEMENT
FOR PROFESSIONAL CONSULTANT SERVICES
OLD TOWN INFRASTRUCTURE PROJECTS
MERCEDES STREET and MAIN STREET
PROJECT NO. PW06-07
THIS AGREEMENT is made and effective as of August 8, 2006, between the
Agency of the City of Temecula, Redevelopment Agency, a municipal corporation ("Agency") and
RBF Consulting ("Consultant"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM. This Agreement shall commence on August 8, 2006, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
August 8, 2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the Agency has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. Copies may be obtained from the California Department of
Industrial Relations' Intemet web site at http://\M\IW.dir.ca.gov. Consultant shall provide a copy of
prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage
rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776,
1777 .5, 1777.6, and 1813 ofthe Labor Code. Pursuantto the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the Agency, as a penalty, the sum of $25.00 for each calendar day, or
portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated
prevailing rates for any work done under this contract, by him or by any subcontractor under him, in
violation of the provisions of the Contract.
5. PAYMENT.
a. The Agency agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the abo\e tasks. Any terms in Exhibit B other than the scope of
work to be performed, payment rates and schedule of payment are null and void. This amount shall
not exceed Two Hundred Fifty Three Thousand Three Hundred Dollars and No Cents
($253,300.00) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
R:ClpIProjects\PW06-07\RBF Old Town Infrastructure
b. Consultant shall not be compensated for any seNices rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional seNices are authorized in advance and in writing by the Executive Director. Consultant
shall be compensated for any additional seNices in the amounts and in the manner as agreed to by
Executive Director and Consultant at the time Agency's written authorization is given to Consultant
for the performance of said seNices.
The Executive Director may approve additional work up to ten percent (10%) of the amount of the
Agreement or twenty-five thousand dollars ($25,000.00). Any additional work in excess of this
amount shall be approved by the Redevelopment Agency.
c. Consultant will submit invoices monthly for actual seNices performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for seNices
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the Agency disputes any of consultant's fees it shall give
written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on
the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The Agency may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by seNing upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the Agency suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the Agency
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the Agency. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of thisAgreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Consultant. If such failure by the Consultant to make progress in the performance of
work hereunder arises out of causes beyond the Consultant's control, and without fault or
negligence of the Consultant, it shall not be considered a default.
b. If the Executive Director or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall seNe the
Consultant with written notice of the default. The Consultant shall have (10) days after seNice upon
it of said notice in which to cure the default by rendering a satisfactory performance. In the event
that the Consultant fails to cure its default within such period of time, the Agency shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
2
R:ClpIProjecIsIPW06.07\RBF Old Town InfrastrucbJre
8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by Agency that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of Agency or
its designees at reasonable times to such books and records, shall give Agency the right to examine
and audit said books and records, shall permit Agency to make transcripts there from as necessary,
and shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the Agency
and may be used, reused or otherwise disposed of by the Agency without the permission of the
Consultant. With respect to computer files containing data generated for the work, Consultant shall
make available to the Agency, upon reasonable written request by the Agency, the necessary
computer software and hardware for purposes of accessing, compiling, transferring and printing
computer files.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the Agency, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attomey fees and expert
witness fees, or liability of any kind or nature which the Agency, its officers, agents and employees
may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of
or in any way related to the performance or non-performance of this Agreement, excepting only
liability arising out of the negligence of the Agency.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liabilityform
No. CG 00 01 11 850r88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
0.6 92 covering Automobile Liability, code 1 (any auto). If the
Consultan~ owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no emplo}ees.
3
R:ClplProjeclsIPW06-07\RBF Old Town Infrastructure
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: One million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2) Automobile Liability: One million dollars ($1,000,000) per accident
for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) per accident for
bodily injury or disease.
(4) Professional Liability coverage: Two million ($2,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Executive Director. At the option of the Agency
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the Agency, its officers, officials, employees and volunteers; or the Consultant shall procure
a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The Agency, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the Agency, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the Agency, its
officers, officials, employees and volunteers. Any insurance or self-
insured maintained by the Agency, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the Agency, its officers, officials, employees or volunteers.
4
R:ClplProjectsIPW06-07\RBF Old Town Infrastructure
(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, retum receipt requested,
has been given to the Agency.
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 Agency. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the Agency 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 Agency. All endorsements are to be received and approved by the Agency
before work commences. As an alternative to the Agency's forms, the Consultant's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the Agency a wholly
independent contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at 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 Agency. Consultant
shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or
bind Agency in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for Agency. Agency shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by
failure of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without Agency's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the Agency Manager or unless requested by the Agency Attomey, voluntarily
provide declarations, letters of support, testimony at depositions, response to interrogatories or other
5
R:ClpIProjecIsIPW06-07\RBF Old Town Infrastructure
information concerning the work performed under this Agreement or relating to any project or
property located within the Agency. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives Agency notice of such court order or subpoena.
b. Consultant shall promptly notify Agency should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the Agency. Agency retains the
right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with
the opportunity to review any response to discovery requests provided by Consultant. However,
Agency's right to review any such response does not imply or mean the right by Agency to control,
direct, or rewrite said response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service. (Ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To Agency:
Temecula Redevelopment Agency
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
RBF Consulting
40810 County Center Drive, Suite 100
Temecula, California 92591
Attn: Mike Tylman, Vice President
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
Agency. Upon termination ofthis Agreement, Consultant's sole compensation shall be paymentfor
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the Redevlopment Agency and the Consultant.
To Consultant:
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The Agency and Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the Agency of Temecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as determined
6
R:ClplProjectsIPW06-07\RBF Old Town Infrastructure
by the Court's judgment, shall be entitled to reasonable attomey fees and litigation expenses for the
relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the Agency of
Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds
thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for
one year thereafter. The Contractor hereby warrants and represents to the Agency that no officer or
employee of the Agency of Temecula has any interest,. whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-
contractors on this project. Contractor further agrees to notify the Agency in the event any such
interest is discovered whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
7
R:ClpIProjecIsIPW06-07lRBF Old Town Infrastructure
IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the
day and year first above written.
TEMECULA REDEVELOPMENT AGENCY
Michael S. Naggar, Chairperson
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, Agency Attomey
CONSULTANT
RBF Consulting
40810 County Center Dr., Suite 101
Temecula, CA 92591
(951) 676-8042
William Green, Sr. Vice President
Michael A. Tylman, Vice President
(Two Signatures of Corporate Officers Required For Corporations)
8
R:Clp\ProjectsIPW06-07\RBF Old Town Infrastructure
EXHIBIT A
TASKS TO BE PERFORMED
OLD TOWN INFRASTRUCTURE PROJECTS
MERCEDES STREET and MAIN STREET
PROJECT NO. PW06-Q7
Design for Old Town Infrastructure Projects - Mercedes Street and Main Street
(Per RFP 144 excluding Geotechnical)
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RBF CONSULTING
JN 15-101506, Revision No.2
City of Temecula
July 31,2006
Page A 1 of A 8
EXHIBIT "A"
SCOPE OF SERVICES
Consultant agrees to perform the following Scope of Services:
In performing its services hereunder, RBF has or will receive information prepared or
compiled by others, the accuracy and completeness of which RBF is entitled to rely upon
without independent evaluation or verification.
EXHIBIT A-1
RESEARCH AND INVESTIGATION
Consultant shall complete research and investigation of existing and future constraints and
opportunities affecting the Project Site, including the following:
1. Research and investigation of existing and proposed major utility services to the Project Site.
Including but not limited to EMWD, RCWD, RCFCD, CAL TRANS, SCE, VERIZON, The Gas
Company, etc.
2. Analysis of soil information related to development criteria and constraints.
3. Study of the elements of the Old Town Streetscape Theme within The Old Town Specific
Plan.
4. Review of jurisdictional agency grading requirements and conditions.
5. Identification of requirements, jurisdictional agencies, and utility districts involved relative to
the Project.
6. Identification of approximate processing timing criteria for each of the jurisdictional
districts and agencies.
7.Research at Riverside County and other agencies to obtain pertinent survey records.
EXHIBIT A-2
STREET ALIGNMENT SURVEY AND MAPPING
Consultant shall perform a field survey to obtain the required alignment data necessary to
prepare the alignment component of all base maps and improvement plans. The work will
include:
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City of Temecula
July 31, 2006
Page A2 of A 8
. Preparation of a "Record Data Map" to control the alignment survey procedure;
. Field survey to locate an adequate amount of monumentation to control the street
alignments;
. Processing survey data into the AutoCad base map.
EXHIBIT A-3
AERIAL TOPOGRAPHIC MAPPING
Consultant shall prepare an Aerial Topographic Map of the project site, at a scale of 1"=40', with
one foot contour intervals. The work shall include:
. Aerialphotogrammetric services; (DMI)
. Completion of field survey check profile observations and office analysis of said
observations to check ground truth of the compiled map.
The scope of this task covers the proposed project site as described in the RFP No. 144, which
includes:
. The streets within the project with the limits of the mapping extending to 20' beyond the
existing or proposed right- of-way, and will be coordinated with onsite topography with
NMR's scope of work.
EXHIBIT A-4
DESIGN TOPOGRAPHIC MAPPING
Consultant shall perform a field survey to obtain the required additional topographic and culture
items to supplement the aerial topographic base map. This will include:
. Street cross-section surveys;
. items not visible from the aerial mapping;
. Processing survey data into the AutoCad base map.
EXHIBIT A-5
BOUNDARY SURVEY
Consultant shall perform a field survey to establish the boundary of the City owned parcels and
in support of the parcel map. The work will include:
. Field survey to locate an adequate amount of monumentation to control the City owned
parcels;
. Boundary survey analysis.
EXHIBIT A-6
TENTATIVE PARCEL MAP
Consultant shall prepare a nine (9) Parcel Tentative Parcel Map based on a Parcel Line layout
consistent with the Option "b" Site Plan for the Proposed Civic Center Plaza. The Tentative
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City of Temecula
July 31,2006
Page A3 of AS
Parcel Map shall comply with and incorporate all provisions of the CityofTemecula's subdivision
ordinance and state law.
EXHIBIT A-7
FINAL PARCEL MAP
Consultant shall prepare one Final Parcel Map and Title Sheet for the Project for recording,
conforming to the approved Tentative Parcel Map, the final conditions of approval of the approved
Tentative Parcel Map, and in accordance with the City of Temecula's subdivision requirements and
the State Subdivision Map Act. The Final Parcel Map shall indicate all parcels and/or easements to
be sold or dedicated within the boundaries of the Project as well as any streets, which are to be
vacated within the boundary of the Parcel Map.
EXHIBIT A-8
PRELIMINARY ALIGNMENT STUDY
Consultant shall prepare a preliminary vertical alignment study of Mercedes Street from Second
Street to Sixth Street to determine constraints for review with the City ofTemecula. Initial alignment
study shall eliminate the cross gutter at Sixth Street as well as other grade adjustments to provide
for a smooth vertical grade. Upon review and consultation with City Staff the consultant shall utilize
this alignment study as a basis for design of the final street improvement plans.
EXHIBIT A-9
MORENO/MERCEDES CIRCULATION STUDY
Consultant shall review the existing alignment of Mercedes/Moreno between Sixth Street and Old
Town Front Street in an effort to identify circulation improvements that will maintain the existing level
of service based upon the proposed Civic Center improvements. Consideration shall be given to
future traffic volumes based upon the Civic Center redevelopment plan as provided by the City of
Temecula, existing utilities and improvements, potential relocations and right of way acquisitions.
Scope includes three alternative alignment studies, each of which will include a preliminary
cost/constraint analysis for review and direction by the City of Temecula.
EXHIBIT A-10
HYDROLOGY AND STORM DRAIN HYDRAULICS REPORT
Consultant shall prepare a Hydrology and Storm Drain Hydraulics Report for the Project Site in
accordance with the requirements of the appropriate governmental jurisdictional agency, based on
the Final Improvement Plans prepared by Consultant, for submittal to the jurisdictional agency along
with the completed Storm Drain Plans for the Project Site. Hydrology report shall include the
determination of existing drainage areas tributary to the project site. Consultant shall compare the
hydrology with the capacity of the existing storm drain system to determine the capability of the
existing system to accept additional flow allowing the elimination of existing cross-gutters bisecting
Mercedes Avenue.
RBF CONSULTING
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City of Temecula
July 31,2006
Page A4 of A 8
EXHIBIT A-11
STREET IMPROVEMENT PLANS
Consultant shall prepare one set of Street Improvement Plans for Mercedes Street from Second
Street to Sixth Street along with the realignment of Main Street based on the preliminary alignment
study and in accordance with the standard requirements of the City of Temecula.
The alignment, grade and street cross-sections shall conform to the alignment, grade and sections
as proposed in the preliminary alignment study, unless otherwise directed by The City ofTemecula.
EXHIBIT A-12
TRAFFIC STRIPING PLAN
Consultant shall prepare one set of Traffic Signing and Striping Plans for the proposed Mercedes
Street and the realignment of Main Street based upon the final improvement plans prepared by
Consultant, and the standards and requirements of the City of Temecula.
EXHIBIT A-13
STORM DRAIN PLANS
Based on the hydrology study and existing storm drain capacity the consultant shall design and
prepare Storm Drain Improvement Plans for Mercedes Street and adjacent cross streets within the
Project Site as approved and in accordance with the requirements and criteria of the appropriate
governmental jurisdictional agency. Scope includes the installation of storm drain and catch basins
at Sixth Street and Third Street to capture storm flows and convey to the existing storm drain
system.
EXHIBIT A-14
ROUGH GRADING PLANS
Based on final street grades and architectural concepts the consultant shall prepare one set of
Rough Grading Plans for the Civic Center Site based on the Soils and Geology Report provided by
the client, and the City of Temecula's Grading Ordinance.
The Rough Grading Plans shall include rough grade pad elevations based on the approved site plan
and direction from NMR Architects for the location of office/retail buildings, and parking lot. Limits
of over-excavation will be as specified by the Soils Engineer, and other pertinent information
required for rough grading operations.
EXHIBIT A-15
EROSION CONTROL PLAN
Consultant shall prepare an Erosion and Siltation Control Plan utilizing the Rough Grading Plans as
a base in accordance with the design criteria of the appropriate governmental jurisdictional agency
and the California Regional Water Quality Control Board.
Erosion Control Plan shall include sandbag layout, silt fence layout, desilting basin design and
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July 31, 2006
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details, and designation of hydroseed areas.
EXHIBIT A-16 NPDES COMPLIANCE AND STORM WATER POLLUTION
PREVENTION PROGRAM
Consultant shall file the necessary application and exhibit (i.e. Notice of Intent - N.O.I.) with the State
Water Resources Control Board in order to comply with the National Pollutant Discharge Elimination
System (NPDES) requirements as they pertain to the project site.
Consultant shall develop a Storm Water Pollution Prevention Program (SWPPP) following the
requirements of the State Water Resources Control Board's General Construction Activity Storm
Water Permit. The SWPPP will be developed for the construction of street improvements and the
Civic Center area based upon the long range planning land use forecasts.
The program is intended to develop a framework of criteria to guide the implementation of
storm water control during construction. The document is intended to be flexible to add
additional details as each individual construction site is actually developed. Consultant shall
develop a report, which documents the recommended construction erosion control program for the
site and outline the implementation of this program through an operational guide, which will be
provided to each construction site representative. The report will outline the SWPPP and be
amended to include the erosion control plan for each individual site as developed.
EXHIBIT A.17
SEWER RELOCATION PLANS
Consultant shall prepare sanitary sewer relocation plans for that portion of the existing sewer with
the realigned portion of Main Street, in accordance with the requirements and criteria of the
jurisdictional agency.
EXHIBIT A-18
WATER RELOCATION PLANS
Consultant shall prepare Domestic Water relocation plans for that portion of the existing waterline
within the realigned portion of Main Street, in accordance with the requirements and criteria of the
jurisdictional agency.
EXHIBIT A-19
EARTHWORK QUANTITY ESTIMATE
Consultant shall prepare a Preliminary Estimate of Earthwork Quantities based upon the Rough
Grading Plans and Street Improvement Plans. A separate estimate will be provided for both the
street and rough grading plans. Allowances for shrinkage and subsidence and quantities for
corrective grading work shall be accounted for based upon the available Soils Engineer's Report,
unless otherwise specified.
RBF CONSULTING
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City of Temecula
July 31,2006
Page A6 of AS
EXHIBIT A-20
FINAL COST ESTIMATE
Consultant shall prepare a Final Quantity and Cost Estimate based upon the final grading and
improvement plans. Quantities shall be compiled using scaled plans and electronic measurements
calculations from the grading and improvement plans approved by the City.
Grading quantities for buttress and stability slopes, alluvial and colluvial removals, and other
corrective geological requirements shall be based upon the data reported in the preliminary soils
and geologic report provided by the Client.
Consultant shall prepare two independent sets of quantity calculations for quality control purposes
as requested by the City of Temecula.
Consultant makes no representation concerning cost figures made in connection with maps, plans,
specifications, or drawings other than that all such figures are estimates only, and Consultant shall
not be responsible for fluctuations in cost factors.
EXHIBIT A-21
SPECIFICATIONS AND CONTRACT DOCUMENTS
Consultant shall prepare Specifications and Contract Documents for bidding, and awarding of the
project. The consultant shall prepare documentation for inclusion in the bid package, to be prepared
by the City, including: a list of contract items and corresponding special provisions for the various
items of work using the City standard special provisions where available in Microsoft Office Word
2003 format. The special provisions shall follow the City format and reference the latest version of
the Standard Specifications for Public Works Construction (Greenbook). The City uses Sections 1-9
of the Greenbook for contract administration; any reference to corresponding sections in the
Caltrans Standards Specifications shall be appropriately edited. Two copies of the completed
Special ProvisionslTechnical Specifications shall be submitted. One copy shall be printed with all
edits and hidden text visible and the second shall be suitable for publications without hidden text
visible. Submission of all electronic files will also be required.
Consultant will be available during the City's bidding phase of the Project to answer questions and
provide guidance to the bidders; however, the City shall schedule a meeting for this purpose with all
of the prospective bidders and shall give Consultant five (5) days advance notice of the meeting.
EXHIBIT A-22
PROJECT MEETING ATTENDANCE & CONSULTATION
Consuitant shall attend regularly scheduled meetings with Client to review the progress of the work
included within this contract and to provide consulting services. A maximum of 132 hours are
included within this Scope of Work. Additional meetings and consulting services will be performed,
if required, on an hourly basis for an additional fee.
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City of Temecula
July 31,2006
Page A7 of AS
Additional Services: Services which are not specifically identified herein as services to be
performed by RBF or its consultants are considered "Additional Services" for purposes of this
Agreement. Client may request that RBF perform services which are Additional Services. However,
RBF is not obligated to perform such Additional Services unless an amendment to this Agreement
has been fully executed setting forth the scope, schedule and fee for such Additional Services. In
the event RBF performs Additional Services before receipt of such executed amendment, Client
acknowledges its obligation to pay for such services at RBF's standard rates, within 30 days of
receipt of RBF's invoice.
Exclusions
Consulting services relating to any of the following tasks may be completed by Consultant if
negotiated under a separate contract for an additional fee; but are presently specifically excluded
from this Agreement:
1. Geotechnical investigation;
2. Hazardous wastes;
3. Any other services not specifically set forth in the above Scope of Services.
Assumptions
Consultant's obligations hereunder are based upon the following understanding:
1. The Project services to be provided by Consultant will not require Specific Plan
modification or amendment.
Client Responsibilities
1. Client shall provide access to the site.
2. Client shall provide an up-to-date title report prior to authorization to proceed (or
some other timing commitment).
3. Client is to provide any and all indemnification, abatement, disposal or other actions
required by local, state or federal law regarding hazardous materials.
4. Client shall pay all governmental fees and costs.
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City of Temecula
July 31,2006
Page AS of AS
5. Client will require any construction contractors to indemnify Consultant from any and
all losses, damages, claims, expenses, including attorneys fees, and costs arising
out of the contractor's work, excepting only losses, damages, claims, expenses
including attorneys fees, and costs which are caused by the sole negligence orwillful
misconduct of RBF in performing its services under this agreement. Client will
require that the construction contractors add RBF (Consultant) as an additional
insured in the comprehensive general liability, auto liability, workers' compensation
and builder risk insurance coverages required by Client.
Exhibit A
Client Initials
Date
EXHIBIT B
PAYMENT RATES AND SCHEDULE
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RBF CONSULTING
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City of Temecula
July 31,2006
Page B1 of B2
EXHIBIT "B"
COMPENSATION
Client agrees to compensate Consultant for such services as follows:
ITEM
A-1
A-2
A-3
A-4
A-5
A-6
A-7
A-8
A-9
A-10
A-11
A-12
A-13
A-14
A-15
A-16
A-17
A-18
A-19
A-20
A-21
A-22
Consultant shall complete the work outlined above in accordance with the fee schedule
identified below and shall invoice Client on a monthly basis based on the percentage of
completion.
WORK TASK
FEE
*
Research and Investigation ........................................................................... $5,000
Street Alignment Survey and Mapping ............................................................ 5,700
Aerial Topographic Mapping............................................................................ 3,000
Design Topographic Mapping........................... ............................................. 16,000
Boundary Survey.............................................................................................. 8,400
Tentative Parcel Map .......................................................................................9,000
Final Parcel Map ............................................................................................ 19,000
Preliminary Alignment Study.......................................................................... 11,100
Moreno/Mercedes Circulation Study.............................................................. 22,800
Hydrology and Storm Drain Hydraulics Report.............................................. 13,600
Street Improvement Plans .............................................................................29,000
Traffic Striping Plan.......................................................................................... 3,700
Storm Drain Plans .......................................................................................... 16,400
Rough Grading Plans..................................................................................... 22,800
Erosion Control Plan ........................................................................................3,200
NPDES Compliance and SWPPP ................................................................... 6,100
Sewer Relocation Plans............... 'c............ ...................................................... 9,700
Water Relocation Plans ...................................................................................9,700
Earthwork Quantity Estimate ...........................................................................2,700
Final Cost Estimate................ .......................................................................... 7,800
Specifications and Contract Documents ......................................................... 9,700
Project Meeting Attendance & Consultation .................................................. 18,900
............................................................................................ . Total Amount $253,300
* The budget amount shown is for authorization purposes only. Should the total of the monthly
billings reach eighty percent (80%) of the budget amount, Client and Consultant will review the
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City of Temecula
July 31, 2006
Page B2 of B2
status of the work to determine the need for an increase in the budget amount, and whether
additional budget authorization to complete the project is appropriate.
Progress billings will be forwarded to the Client on a monthly basis. These billings will include the
fees earned for the billing period plus all direct costs advanced by Consultant.
Client requiring copies of original receipts for expenses in addition to itemized expenses as shown
on monthly invoice will incur an additional 1 0% administrative handling surcharge included on the
monthly invoice.
The Client shall make every reasonable effort to review invoices within fifteen (15) working days
from the date of receipt of the invoices and notify Consultant in writing of any particular item that is
alleged to be incorrect.
The fees proposed herein shall apply until June 30, 2007. Due to ever-changing costs, Consultant
may increase those portions of the contract fee for which work must still be completed after June 30,
2007 by a maximum of ten percent (10%).
Any work relating to, but not limited to, structurally designing soils engineering, traffic signal or
striping design, environmental documentation, sound studies or acoustical engineering, design for
relocation of underground irrigation facilities, property title services, preparation of legal descriptions
and exhibits (except as provided herein), staking of joint trench utilities, construction surveying for
grading cross-sections or removal of unsuitable material and any additional staking (except as
provided herein), if required, shall be covered under a separate agreement.
Exhibit B
Client Initials
Date
COUNCIL BUSINESS
ITEM NO. 23
Approvals
City Attorney
Director of Finance
City Manager
V
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9g
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
August8,2006
SUBJECT:
Ordinance 2006-_ Prima Facie Speed Limits on Certain Streets
PREPARED BY:
Ali Moghadam, Principal Engineer - Traffic
RECOMMENDATION:
That the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AMENDING SECTION 10.28.010(D) OF THE
TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE
SPEED LIMITS ON CERTAIN STREETS
BACKGROUND: State law, under the California Vehicle Code, requires local authorities
to review and reaffirm or adjust speed limits on the basis of an Engineering and Traffic Survey every
five (5) years or after major changes to the roadway conditions. The required speed limit update
provides the mechanism for the legal enforcement of the posted speed limit by the use of radar or
any other electronic speed-measuring device. The City's current posted speed limits were adopted
by ordinance in July 2000.
As defined in the California Vehicle Code, an engineering and traffic survey is "a survey of highway
and traffic conditions in accordance with methods determined by the Department of Transportation
for use by state and local authorities." The survey shall include, but not be limited to, consideration
of prevailing speeds as determined by traffic engineering measurements, accident statistics, and
highway, traffic, and roadside conditions not readily apparent to the driver. These characteristics
are all considered when determining a reasonable and prudent posted speed limit. It should be
noted that establishing a speed limit, which is not consistent with the 85'h percentile speed,
constitutes a "speed trap" and is not enforceable by the use of radar or any other electronic speed-
measuring device.
An Engineering and Traffic Survey was performed on thirty (30) arterials, which included
approximately one hundred and twenty-six (126) segments. The survey data includes new segment
locations along Butterfield Stage Road, Route 79 South, Winchester Road, Crowne Hill Drive, De
Portola Road, La Serena Way, McCabe Drive, Sunny Meadows Drive, Yukon Road, and several
roadways in the Vail Ranch and Redhawk communities.
The majority of speed limits reviewed do not require a change, and the recommended speed limits
are consistent with the existing posted speed limit. There are however, eight (8) segments where a
decrease in the posted speed limit is being recommended. The locations are as follows:
D Butterfield Stage Road - Route 79 South to Welton Way
D Butterfield Stage Road - Welton Way to Nighthawk Pass
D Winchester Road - Ynez Road to Promenade Mall West
D Winchester Road - Promenade Mall West to Margarita Meadows
D Winchester Road - Margarita Meadows to Margarita Road
D Deer Hollow Way - Via La Colarada to Peppercorn Drive
D Deer Hollow Way - Peppercorn Drive to End
D Overland Drive - Ynez Road to Margarita Road
50 MPH to 45 MPH
50 MPH to 45 MPH
45 MPH to 40 MPH
45 MPH to 40 MPH
45 MPH to 40 MPH
45 MPH to 40 MPH
45 MPH to 40 MPH
45 MPH to 40 MPH
The review found one (1) location where the 85'h percentile speed has increased from the previous
survey and an increase in the posted speed limit is being recommended. The location is:
D De Portola Road - Campanula Way to Butterfield Stage Road
40 MPH to 45 MPH
The recommended increase to the posted speed limit on this segment of De Portola Road will make
the speed limit consistent with the rest of De Portola Road which is currently posted at 45 MPH.
At their meeting of July 27, 2006, the Public/Traffic Safety Commission reviewed the proposed
speed limits and recommended that the City Council amend Section 10.28.01 Oed) of the Temecula
Municipal Code to establish speed limits as shown on Exhibit "A".
FISCAL IMPACT: Adequate funds are available in Public Works Signs Account No. 001-
164-602-5244 and Striping/Stenciling Account No. 001-164-602-5410.
ATTACHMENTS:
1.
2.
Ordinance 2006-_
Exhibit "A" - Affected Roadway Segments
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, AMENDING SECTION 10.28.010(D) OF
THE TEMECULA MUNICIPAL CODE REGARDING THE
PRIMA FACIE SPEED LIMIT ON CERTAIN STREETS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 10.28.010(d) of the Temecula Municipal Code is hereby
amended as follows to modify the declared prima facie speed limits only on the
following streets:
Name of Street and
Portion Affected
Declared Prima
Facie Speed Limit.
Miles Per Hour
Butterfield Stage Road -
La Serena Way to De Portola Road
55
Butterfield Stage Road -
De Portola Road to Route 79 South
50
Butterfield Stage Road -
Route 79 South to Nighthawk Pass
45
Calle Chapos -
Walcott Lane to Calle Girasol
30
Calle Girasol-
Calle Chapos to Nicolas Road
30
Crowne Hill Drive -
Butterfield Stage Road to Pauba Road
35
Deer Hollow Way-
Pechanga Parkway to End
40
De Portola Road -
Jedediah Smith Road to End
45
Diaz Road -
Dendy Parkway to Rancho California Road
45
Jefferson Avenue -
North City Limits to Winchester Road
50
Jefferson Avenue -
Winchester Road to Rancho California Road 40
La Serena Way-
Margarita Road to Butterfield Stage Road 45
Margarita Road -
North City Limits to Harveston Way 50
Margarita Road -
Harveston Way to Pio Pico Road 45
Margarita Road -
Pio Pico Road to Route 79 South 40
McCabe Drive -
Meadows Parkway to Arnarita Way 35
Meadows Parkway-
La Serena Way to De Portola Road 45
Meadows Parkway -
De Portola Road to Route 79 South 40
Moraga Road -
Rancho California Road to Margarita Road 40
Nicolas Road -
Winchester Road to Calle Medusa 45
Nighthawk Pass -
Vail Ranch Parkway to Butterfield Stage Road 45
Nighthawk Pass -
Butterfield Stage Road to East City Limit 25
Old Town Front Street-
Santiago Road to Route 79 South 40
Overland Drive -
Comrnerce Center Drive to Jefferson Avenue 30
Overland Drive -
Jefferson Avenue to Margarita Road 40
Overland Trail -
Redhawk Parkway to Vail Ranch Parkway 40
Pauba Road -
Margarita Road to Butterfield Stage Road 50
Pechanga Parkway -
Route 79 South to Rainbow Canyon Road
40
Pechanga Parkway -
Rainbow Canyon Road to Wolf Valley Road
Pechanga Parkway -
Wolf Valley Road to South City Limits
50
40
Peppercorn Road -
Redhawk Parkway to Deer Hollow Way
40
Rancho California Road -
West City Limits to Diaz Road
50
Rancho California Road -
Diaz Road to Moraga Road
40
Rancho California Road -
Moraga Road to Margarita Road
50
Rancho California Road -
Margarita Road to Butterfield Stage Road
Rancho Vista Road -
Ynez Road to Butterfield Stage Road
55
45
Redhawk Parkway-
Route 79 South to Tehachapi Pass
45
Route 79 South -
Bedford Court to East City Limits
55
Sunny Meadows Drive -
Campanula Way to Meadows Parkway
35
Vail Ranch Parkway-
Redhawk Parkway to Tehachapi Pass
45
Walcott Lane -
La Serena Way to Calle Chapos
30
Winchester Road -
Dendy Parkway to Diaz Road
45
Winchester Road -
Diaz Road to Margarita Road
40
Winchester Road -
Margarita Road to Nicolas Road
45
Winchester Road -
Nicolas Road to East City Limits
55
Ynez Road -
Equity Road to Jedediah Smith Road
Yukon Road -
Rancho California Road to Margarita Road
45
35
SECTION 2. Severabilitv. 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 3. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published as required by law. .
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 8th day of August, 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 06- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 8th day of August, 2006,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 22nd day of August, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
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ITEM NO" 24
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Grant Yates, Assistant to the City Manager
DATE:
August 8, 2006
SUBJECT:
Southern California Edison (SCE) Baseline Rate Structure-(at the request of
Council Member Comerchero)
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION:
Structure of SCE
That the City Council provides direction to staff related to Baseline
BACKGROUND: Many residents have experienced a dramatic increase in their electric
bill this past month, causing concern. Last month's extreme temperatures were without a doubt a
contributing factor to the increase in most resident's electrical bill. The electric bill contains a lower
rate for "baseline" amounts of electricity used and a higher rate for electrical use above this amount.
The baseline established by SCE is intended to provide households only with enough electricity to
meet basic necessities such as lighting and refrigerated food. The baseline is figured at between
60-70% of the average electric consumption of homes and is approved by the Public Utilities
Commission. The baseline also takes into account climate differences within the territories served by
Southern California Edison. However, staff understands that the Southern California Edison (SCE)
baseline for our region may be too low based on the temperature trends & characteristics for our
area. When the electrical use exceeds this baseline measurement there can be a substantial
increase in utility billing. The City of Temecula is split between baseline regions 10 and 17 (as
denoted in the attached map and table).
At the request of Council Member Comerchero, this item is placed to have a discussion about the
extreme financial consequences associated with the current established baseline and what
measures may be taken with the Public Utilities Commission (PUC) and member cities within the
Western Regional Council of Governments.
FISCAL IMPACT:
None at this time.
ATTACHMENTS:
Exhibit of SCE Understanding Baseline Rates & Map (Temecula
Regions 10 & 17)
SCE - Baseline Allocation Chart and Baseline Region Map
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Baseline Allocation Chart and Baseline Region Map
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http://www.sce.comlCustomerService/understandingBaselinelbaslinechartmap.htm
Home > Customer Service > Understanding Baseline
Understanding Baseline
Daily Baseline Allocation (Kilowatt-hours)
Baseline Summer Summer All Winter Winter All
Region Basic Electric Basic Electric
13 19.4 29 12.4 32.8
14 17 20.6 11.5 29.5
15 47.6 42.7 9.8 27.4
16 10 14.3 10.7 28.5
~ Index of Communities (Iistof cities/communities and their respective
Baseline Region)
(II Baseline Region Map
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Edison International is the parent company of Southern California Edison, Edison Mission Energy, and Edi:
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8/312006
MAP SHOWING
BASELINE REGIONS
FOR DETERMINING BASELINE QUANTITIES
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LEGEND
. REGION 10
11IIII REGION 13
Iiil REGION 14
11IIII REGION 16
Iiil REGION 16
CJ REGION 17
SERVICE TERRITORY BOUNDARY UNE
COUNTY BOUNDARY UNE
8ASElJNE BOUNDARY UNE
DISTRICT BOUNDARY UNE
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