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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MAY 26, 2009 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:15 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant
to Government Code Sections:
1) Conference with real property negotiators pursuant to Government Code
Section 54956.8 regarding the acquisition and sale of one parcel of real
property owned by United Commercial Bank consisting of approximately 6.87
acres generally located at the northwest corner of Dartolo Road and Margarita
Road (APN 959-080-022) in the City of Temecula. The parties to the
negotiations for acquisition and sale of the parcel are: United Commercial
Bank, County of Riverside Economic Development Agency, BRIDGE Housing
Corporation, Temecula Murrieta Rescue Mission, Redevelopment Agency of
the City of Temecula (Bob Johnson, Patrick Richardson, and Luke Watson).
Under negotiation are the price and terms of acquisition of the parcel from
United Commercial Bank and sale to BRIDGE and Temecula Murrieta Rescue
Mission.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: 09-05
Resolution: 09-43
CALL TO ORDER: Mayor Maryann Edwards
Prelude Music: Alex Few
Invocation: Pastor John W. Wells, Sr. of Mountain View Community Church
Flag Salute: Council Member Washington
ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards
City of Temecula Business/ Industry Recognition Program
Countv Assessor Larrv Ward - Presentation on Tax Re-assessment Process
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is
a five minute (5) time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Action Minutes
RECOMMENDATION:
2.1 Approve the action minutes of May 12, 2009.
List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Mayor's Summer Youth Emplovment Proaram
RECOMMENDATION:
4.1 Approve the estimated revenues in the Youth Employment Program Fund in the
amount of $432,500;
4.2 Appropriate $432,500 in expenditures from the Youth Employment Program Fund
for the Mayor's Summer Youth Employment Program;
4.3 Authorize the City Manager, on behalf of the City, to take all actions necessary and
convenient to carry out and implement the Summer Work Experience Program, and
to administer the City's obligations, responsibilities, and duties to be performed
under the Program, including, but not limited to, approval and execution on behalf of
the City of the Summer Work Experience Program agreements with the County of
Riverside, State of California, or federal government, the Summer Work Experience
Program Worksite agreements with employers, and such implementing agreements,
certificates and other similar agreements and documents as necessary and
convenient for the implementation of the Program.
Civic Center Art
RECOMMENDATION:
5.1 Approve in its conceptual form, the mosaic mural for the Civic Center depicting the
Emigrant Trail;
5.2 Approve the agreement between the City of Temecula and the artist Carole
Choucair Oueijan in the amount of $40,000 to design, fabricate, and install the
mosaic mural;
5.3 Appropriate $40,000 dollars from the Public Art Fee fund for this project.
Purchase and Sale Agreement between the City of Temecula and JHC Acquisitions LLC,
for the convevance of 11 affordable housina units located within the Temecula Lane
Development
RECOMMENDATION
6.1 Adopt a resolution entitled
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE
AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF
TEMECULA AND JHC ACQUISITIONS LLC, AN AFFILIATE OF JAMBOREE
HOUSING CORPORATION, FOR THE SALE OF 11 UNITS AT THE TEMECULA
LANE PROJECT FOR AFFORDABLE HOUSING
Award a Construction Contract for the Citvwide Slurrv Seal Proiect FY2008-09. Paloma Del
Sol Area & Temeku Hills Area - Project No. PW09-01
RECOMMENDATION:
7.1 Award a construction contract for Project No. PW09-01, Citywide Slurry Seal Project
FY2008-09, Paloma Del Sol Area & Temeku Hills Area, to Pavement Coatings
Company in the amount of $323,817.17;
7.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $32,381.72 which is equal to 10% of the contract amount.
Water System Grant Deed and Water System Construction Agreement with Rancho
California Water District for Water Facilities Associated with Pechanaa Parkway Phase II
Street Improvements. PW99-11
RECOMMENDATION:
8.1 Approve a Water System Grant Deed with Rancho California Water District (RCWD)
thereby transferring all rights, title and interests on specific portions of the water
system improvements to be constructed as part of Pechanga Parkway Phase II
Street Improvements to the District and authorize the City Manager to execute the
Deed;
8.2 Approve a Water System Construction Agreement with Rancho California Water
District (RCWD) and authorize the City Manager to execute the Agreement.
Execute a Quitclaim Deed whereby the City -grants to Riverside County Flood Control and
Water Conservation District (RCFC&WCD) a drainage easement for the Leiah Court Storm
Drain (Tract Map No. 23209 - Shea Homes Development)
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
(RCFC&WCD) A DRAINAGE EASEMENT FOR LEIGH COURT STORM DRAIN
(TRACT MAP NO. 23209)
10 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No.
23513 (located at Santiago Road and Cresta Verde Court - Gallery Homes)
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NO. 23513)
11 Substitute Agreements and Bonds for Public Improvements in Tract Nos. 30264-4 and
30264-10 (located within the Wolf Creek Development - Stonebriar)
RECOMMENDATION
11.1 Accept substitute Subdivision Improvement Agreements and Subdivision Faithful
Performance and Labor & Materials Bonds as security for improvements and labor
and materials for Tract Map Nos. 30264-4 and 30264-10;
11.2 Authorize the release of the existing Faithful Performance, Labor & Materials, and
Monumentation Bonds for Tract Map Nos. 30264-4 and 30264-10;
11.3 Direct the City Clerk to so advise the developer and surety.
12 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No.
31344 (located at Ynez Road and Rancho Vista Road - Gallery Homes)
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NO. 31344)
13 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No.
34820 (located at Santiago Road and Cresta Verde Court - Gallery Homes)
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NO. 34820)
14 Opposition to Proposals by the State of California to Borrow Funds from Local Government
and Opposition to the Adoption of any Additional Unfunded Mandates
RECOMMENDATION:
14.1 Oppose any action by the State of California to borrow funds from local government
but specifically the proposed plan announced on May 5, 2009, to borrow property
tax funds;
14.2 Oppose any additional unfunded mandates imposed through legislation by the State
of California;
14.3 Direct staff to prepare a letter of opposition to be sent to the Governor and local
legislators and coordinate other lobbying actions with the League of California
Cities;
14.4 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL
PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED
MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA
15 Support of AB 715 (Caballero) - Publishing and Posting Requirements
RECOMMENDATION:
15.1 Direct staff to prepare a letter of support to be sent to the Governor and local
legislators;
15.2 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
EXPRESSING THE CITY COUNCIL'S SUPPORT FOR ASSEMBLY BILL 715
(CABALLERO), WHICH WOULD ALLOW THE OPTION OF POSTING
ORDINANCES ON THE INTERNET INSTEAD OF PUBLISHING IN THE
NEWSPAPER
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name for the record.
CSD CONSENT CALENDAR
16 Action Minutes
RECOMMENDATION:
16.1 Approve the action minutes of May 12, 2009.
17 FY 2008109 4th of July Fireworks Presentation
RECOMMENDATION:
17.1 Approve a one year Agreement between the Temecula Community Services District
and Pyro Spectaculars, Inc. to provide a fireworks presentation in the amount of
$34,500.
18 Community Services Technical Support
RECOMMENDATION:
18.1 Approve the Agreement between the Temecula Community Services District and
Timmy U Productions in the amount of $55,000 to provide technical support at
Citywide special events and programs as needed.
19 Approval of Memorandum of Understanding with De Luz Community Services District
detailing the administrative and operational relationships of each Agency with respect to
certain parcels common to each District within the Santa Margarita Annexation Area
RECOMMENDATION:
19.1 Approve the Memorandum of Understanding (MOU) between the De Luz
Community Services District (DLCSD) and the Temecula Community Services
District (TCSD) detailing the administrative and operational relationships of each
agency with respect to certain parcels common to each district within the Santa
Margarita Annexation Area.
20 Seventh Amendment to Midori Gardens, Inc.
RECOMMENDATION:
20.1 Approve the Seventh Amendment with Midori Gardens, Inc., for continued
landscape maintenance services and the addition of new and supplemental
landscape maintenance service areas in the amount of $841,260 for FY 2009/2010;
20.2 Authorize the General Manager to approve additional work not to exceed the
contingency amount of $84,126 which is equal to 10% of the Amendment.
21 Seventh Amendment to Excel Landscape, Inc.
RECOMMENDATION:
21.1 Approve the Seventh Amendment with Excel Landscape, Inc., to provide continued
landscape maintenance services and the addition of new and supplemental
landscape maintenance service areas for $1,568,977 for FY 2009/2010;
21.2 Authorize the General Manager to approve additional work not to exceed the
contingency amount of $156,897.70 which is equal to 10% of the Amendment.
CSD DEPARTMENTAL REPORT
22 Community Services Department Monthly Report
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
TEMECULA REDEVELOPMENT AGENCY MEETING
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name for the record.
RDA CONSENT CALENDAR
23 Action Minutes
RECOMMENDATION:
23.1 Approve the action minutes of May 12, 2009.
24 Second Amendment to the Exclusive Negotiating Agreement with Pelican Properties LLC
RECOMMENDATION:
24.1 Approve the Second Amendment to the Exclusive Negotiating Agreement between
Pelican Properties LLC and the Temecula Redevelopment Agency.
25 Purchase and Sale Agreement for the purchase of property located at 28725 Puiol Street
(APN 922-062-010) by the Redevelopment Agency of the City of Temecula
RECOMMENDATION:
25.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 09-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED
"PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS"
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND ANTONIO RAUL MUNIZ AND AIDA MUNIZ FOR THE PURCHASE OF
CERTAIN REAL PROPERTY FOR AFFORDABLE HOUSING
RDA DEPARTMENTAL REPORT
26 Redevelopment Department Monthlv Report
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
DEPARTMENTAL REPORTS
27 Planninq Department Monthly Report
28 City Council Travel/Conference Report - April 2009
29 Public Works Department Montle Report
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, June 9, 2009, at 5:30 P.M., for a Closed
Session, with the regular session commencing at 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
NOTICE TO THE PUBLIC
The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (43200 Business Park
Drive, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council
meeting. At that time, the packet may as well be accessed on the City's website - www.citvoftemecula.org
Supplemental material received after the posting of the Agenda
Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the
Agenda, will be available for public review at the Main Reception at City Hall (43200 Business Park Drive, Temecula - 8:00 -
5:00 PM). In addition, such material will be made available on the City's web - www.cityoftemecula.org - and will be available
for public review at the respective meeting.
If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's
Department - 951-694-6444.
10
PRESENTATIONS
CONSENT CALENDAR
ITEM NO. 1
ITEM NO. 2
ACTION MINUTES
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MAY 12, 2009 - 7:00 PM
The City Council meeting convened at 7:00 PM.
CALL TO ORDER: Mayor Maryann Edwards
Prelude Music: Josiah Tolopilo
Invocation: Minister Anthony Garrett
Flag Salute: Council Member Naggar
ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards
National Public Works Week Proclamation
Wild Fire Awareness Week
PUBLIC COMMENTS
The following individuals addressed the City Council:
• Malea Ortloft, Jim Thomas, and students - Solar Cup
• Charles Reiss - proposed City ordinance regarding permits for public assembly
• Troy Childs - French Valley Energy Partners Power Plant
• Robert Eppers - French Valley Energy Partners Power Plant
CITY COUNCIL REPORTS
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff
Recommendation (5-0-0) - Council Member Washington made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
1
Action Minutes - Approved Staff Recommendation (5-0-0) - Council Member
Washington made the motion; it was seconded by Council Member Comerchero;
and electronic vote reflected unanimous approval.
RECOMMENDATION:
2.1 Approve the action minutes of April 28, 2009.
List of Demands - Approved Staff Recommendation (5-0-0) - Council Member
Washington made the motion; it was seconded by Council Member Comerchero;
and electronic vote reflected unanimous approval.
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 09-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
City Treasurer's Report as of March 31, 2009 - Approved Staff Recommendation (5-0-0)
- Council Member Washington made the motion; it was seconded by Council
Member Comerchero; and electronic vote reflected unanimous approval.
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of March 31, 2009.
Professional Services Aareement for Special Tax Administration Services - Approved
Staff Recommendation (5-0-0) - Council Member Washington made the motion; it
was seconded by Council Member Comerchero; and electronic vote reflected
unanimous approval.
RECOMMENDATION:
5.1 Approve a professional services agreement with NBS for an annual amount not to
exceed $59,857.21 for fiscal year 2009-10 for special tax administration for the
City's Community Facilities Districts and Assessment District.
Edward Byrne Memorial Justice Assistance Grant - Approved Staff Recommendation
(5-0-0) - Council Member Washington made the motion; it was seconded by Council
Member Comerchero; and electronic vote reflected unanimous approval.
RECOMMENDATION:
6.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a
proposed amount of $119,338.
7 Third Amendment to Contract with Meyer & Associates - Approved Staff
Recommendation (5-0-0) - Council Member Washington made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
7.1 Approve the third amendment to the agreement with Meyer & Associates in the
amount of $27,683.50, plus 10% contingency of $2,768.
8 Replace Existing Play Structure and Surfacing at Kent Hintergardt Memorial Park -
Approved Staff Recommendation (5-0-0) - Council Member Washington made the
motion; it was seconded by Council Member Comerchero; and electronic vote
reflected unanimous approval.
RECOMMENDATION:
8.1 Approve the Agreement with Miracle Playground Sales in the amount of $54,995.93
plus a 10% contingency in the amount of $5,499.59 to replace playground
equipment and surface at Kent Hintergardt Memorial Park.
9 Regional Priorities for the 2009 Federal Transportation Authorization Bill - Approved Staff
Recommendation (5-0-0) - Council Member Washington made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected unanimous
approval.
9.1 Adopt a resolution entitled:
RESOLUTION NO. 09-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
SUPPORTING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(RCTC) ADOPTION OF REGIONAL PRIORITIES FOR THE 2009 FEDERAL
TRANSPORTATION AUTHORIZATION BILL
10 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No.
23209 (located West of Butterfield Stage Road at La Serena Way - Shea Homes) -
Approved Staff Recommendation (5-0-0) - Council Member Washington made the
motion; it was seconded by Council Member Comerchero; and electronic vote
reflected unanimous approval.
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 09-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NO. 23209)
11 Approval of the Bid Package and Authorization to Solicit Construction Bids for the Street
Striping Program, FY 2009-2010 - Project No. PW09-04 - Approved Staff
Recommendation (5-0-0) - Council Member Washington made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
11.1 Approve the bid package and authorize the Department of Public Works to solicit
construction bids for the Street Striping Program, FY 2009-2010 - Project No.
PW09-04.
12 First Amendment to a Professional Service Agreement for Geotechnical and Material
Testing Services with Geocon Inland Empire, Inc. for the Pechanga Parkway Phase II
Street Improvements - Project No. PW99-11 - Approved Staff Recommendation (5-0-0)
- Council Member Washington made the motion; it was seconded by Council
Member Comerchero; and electronic vote reflected unanimous approval.
RECOMMENDATION:
12.1 Approve the First Amendment to the Agreement with Geocon Inland Empire Inc. for
geotechnical and materials testing services for the Pechanga Parkway Phase I I
Street Improvements Project in an amount not to exceed $61,838.10 - Project No.
PW99-11.
13 First Amendment to the Minor Maintenance Services Contract with Monteleone
Contractors for the Emergency Replacement of a Failed Storm Drain Pipe under Margarita
Road - Project No. PW09-05 - Approved Staff Recommendation (5-0-0) - Council
Member Washington made the motion; it was seconded by Council Member
Comerchero; and electronic vote reflected unanimous approval.
RECOMMENDATION:
13.1 Approve the First Amendment to the Minor Maintenance Services Contract with
Monteleone Contractors in an amount not to exceed $123,618.18 for the
Emergency Replacement of a Failed Storm Drain Pipe under Margarita Road, just
South of Rancho Vista Road - Project No. PW09-05;
13.2 Approve a contingency of $24,723.64, which is 20% of the amendment amount.
14 First Amendment to Agreement between City of Temecula and Cato Geoscience to
analyze active aggregate mining operations along the Corona/Temecula 1-15 Corridor for
the Santa Margarita Annexation EIR - Approved Staff Recommendation (5-0-0) -
Council Member Washington made the motion; it was seconded by Council Member
Comerchero; and electronic vote reflected unanimous approval.
RECOMMENDATION:
14.1 Approve First Amendment to Agreement for consulting services.
15 Minor Amendment to Resolution 08-112, Application to Riverside County LAFCO for the
Santa Margarita Area Annexation, Confirming that the Annexation is pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 - Approved Staff
Recommendation (5-0-0) - Council Member Washington made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 09-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING RESOLUTION NO. 08-112, "A RESOLUTION OF APPLICATION BY
THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL
AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE
ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN
AS THE SANTA MARGARITA AREA ANNEXATION COMPRISED OF
APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF
THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF
INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE
COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA
COMMUNITY SERVICES DISTRICT," CONFIRMING THAT THE ANNEXATION IS
PURSUANT TO THE CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT
REORGANIZATION ACT OF 2000
At 7:35 p.m., the City Council convened as the Temecula Community Services District, the
Redevelopment Agency, and the Temecula Public Financing Authority. At 7:40 p.m. the City
Council resumed with regular business.
CITY COUNCIL BUSINESS
27 Establishment and Appointment of Subcommittee - Temecula 2030: A Quality of Life
Master Plan - Approved Staff Recommendation and appointed Council Members
Roberts and Washington to the Subcommittee (5-0-0) - Council Member
Comerchero made the motion; it was seconded by Council Member Naggar; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
27.1 Establish a Quality of Life/Temecula 2030 Master Plan Subcommittee to
interview/hire consultant to facilitate the Quality of Life Master Plan process,
establish Blue Ribbon Committee, participate in the Quality of life Master Plan
process, review and approve a final Quality of Life Master Plan report prior to City
Council review;
27.2 Appoint two (2) Council Members to serve on this Subcommittee.
Assistant City Manager Adams reviewed the staff report as per agenda material and further
elaborated on the proposed formation process of the Blue Ribbon Committee.
CITY MANAGER REPORT
CITY ATTORNEY REPORT
There was no Closed Session.
ADJOURNMENT
At 7:53 P.M. the City Council meeting was formally adjourned to Wednesday, May 20, 2009, at
10:00 A.M., for the purpose of a Budget Workshop in the City Council Chambers, 43200
Business Park Drive, Temecula, California. The next regular City Council meeting will be
Tuesday, May 26, 2009, at 5:30 P.M., for a Closed Session, with the regular session
commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula,
California.
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
Maryann Edwards, Mayor
6
ITEM NO. 3
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: May 26, 2009
SUBJECT: List of Demands
PREPARED BY: Pascale Brown, Accounting Manager
Leah Thomas, Accounting Specialist
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and
approval by the City Council on a routine basis at each City Council meeting. The attached claims
represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies and
procedures.
ATTACHMENTS: Resolution
List of Demands
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on
file in the office of the City Clerk, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $4,366,946.78.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of May, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
04/30/2009 TOTAL CHECK RUN
05/07/2009 TOTAL CHECK RUN
04/30/2009 TOTAL PAYROLL RUN:
$ 3,660,633.60
229,937.16
476,376.02
TOTAL LIST OF DEMANDS FOR 05/26/2009 COUNCIL MEETING: $ 4,366,946.78
DISBURSEMENTS BY FUND
CHECKS:
001
GENERAL FUND
$ 2,359,637.25
165
AFFORDABLE HOUSING
83,141.02
190
TEMECULA COMMUNITY SERVICES DISTRICT
252,106.78
192
TCSD SERVICE LEVEL B
116.78
193
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
12,780.87
194
TCSD SERVICE LEVEL D
1,096.34
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
5,588.61
197
TEMECULA LIBRARY FUND
36,691.52
210
CAPITAL IMPROVEMENT PROJECTS FUND
1,063,265.84
280
REDEVELOPMENT AGENCY - CIP PROJECT
11,896.64
300
INSURANCE FUND
5,297.46
320
INFORMATION SYSTEMS
32,636.26
330
SUPPORT SERVICES
8,296.19
340
FACILITIES
18,019.20
$ 3,890,570.76
001
GENERAL FUND
$ 310,155.20
165
AFFORDABLE HOUSING
8,087.42
190
TEMECULA COMMUNITY SERVICES DISTRICT
106,808.88
192
TCSD SERVICE LEVEL B
132.78
193
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
4,834.30
194
TCSD SERVICE LEVEL D
1,316.09
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
1,353.33
197
TEMECULA LIBRARY FUND
779.80
280
REDEVELOPMENT AGENCY - CIP PROJECT
2,944.15
300
INSURANCE FUND
1,280.20
320
INFORMATION SYSTEMS
27,019.31
330
SUPPORT SERVICES
2,975.66
340
FACILITIES
8,688.90
476,376.02
TOTAL BY FUND: $ 4,366,946.78
apChkLst
Final Check List
Page: 1
0413012009
1:49:4
6PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
Description
Amount Paid
Check Total
1241
04/28/2009
012850
LSI TITLE AGENCY
1st Time Home Buyer:Weido, Tanya
35,053.00
35,053.00
1242
04130/2009
000444
INSTATAX (EDD)
Unemployment & Training Tax 1st Qtr 2009
47,469.40
47,469.40
1243
04130/2009
000444
INSTATAX (EDD)
State Disability Ins Payment
24,271.72
24,271.72
1244
0413012009
000283
INSTATAX(IRS)
Federal Income Taxes Payment
84,727.51
84,727.51
1245
04130/2009
000389
NATIONWIDE RETIREMENT
OBRA- Project Retirement Payment
2,473.20
2,473.20
SOLUTION
1246
04130/2009
000246
PERS (EMPLOYEES'
PERS ER Paid Member Contr Payment
125,015.59
125,015.59
RETIREMENT)
131178
04130/2009
003951
ALL AMERICAN ASPHALT
Mar Const Svcs: Pechanga Pkwy II
460,751.01
460,751.01
131179
04130/2009
004240
AMERICAN FORENSIC NURSES
May Stand By Fee: Police
1,200.00
1,200.00
131180
04130/2009
001947
AMERIGAS
propane fuel: Stn 92
239.37
239.37
131181
04130/2009
003203
ARTISTIC EMBROIDERY
City Seal Patches:Tem Achvmnt Pgrm
407.81
407.81
131182
04130/2009
012849
BECERRA, WILL
Employee Computer Loan Pgrm
432.83
432.83
131183
04130/2009
002377
BEST BUY COMPANY INC
Digital Camera/Card/Filter: Fire
719.88
719.88
131184
04130/2009
004040
BIG FOOT GRAPHICS
TCSD instructor earnings
616.00
TCSD instructor earnings
553.00
TCSD instructor earnings
148.75
1,317.75
131185
04130/2009
004262
BIO-TOX LABORATORIES
DUI & drug screenings: Police
583.52
DUI & drug screenings: Police
307.00
890.52
131186
04130/2009
005716
BIRTH CHOICE OF TEMECULA
refund:sec dep:rental: rrspt prk
150.00
150.00
INC
131187
04130/2009
010576
BOYS & GIRLS CLUB OF
'09 board membership dues: City
100.00
100.00
131188
04130/2009
004176
BROADWING
Apr:long distance & internet svc
741.00
741.00
TELECOMMUNICATIONS
Page:1
apChkLst
Final Check List
Page: 2
04130/2009
1:49:4
6PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131189
04130/2009
000128
BROWN & BROWN OF CALIF INC
CNA Surety Bond:#68712337 Jones
350.00
Workers Comp Feb, Mar, Apr 09
80,261.00
80,611.00
131190
04130/2009
003138
CAL MAT
PW patch truck materials
432.39
PW patch truck materials
583.77
PW patch truck materials
324.08
PW patch truck materials
1,294.78
2,635.02
131191
04130/2009
005384
CALIF BAGEL BAKERY& DELI
refreshments: CM mtg 3/31
134.69
134.69
131192
04130/2009
004248
CALIF DEPT OF JUSTICE-
Mar fingerprinting svcs:PD/HR
4,421.00
4,421.00
ACCTING
131193
04130/2009
000131
CARL WARREN & COMPANY INC
Apr Liability Claims Mgmt Svc: Finance
338.69
Mar Liability Claims Mgmt Svc:Finance
3,956.17
4,294.86
131194
04130/2009
004017
COMERCHERO, JEFF
Reimb:Ntl Lg Cities Cf Wash, DC 3/13-16
99.27
99.27
131195
04130/2009
008594
COMMUNITY BANK
Escrow #1202:AII American Asphalt
51,194.56
51,194.56
131196
04130/2009
004405
COMMUNITY HEALTH CHARITIES
Community Health Charities Payment
86.00
86.00
131197
04130/2009
000447
COMTRONIX OF HEMET
Radio Repair/Maint: Code Enf
1,453.88
1,453.88
131198
04130/2009
006303
CONDUIT NETWORKS, INC
phone headsets: Finance
401.24
phone headset: City Clerk
210.42
611.66
131199
04130/2009
012353
CONSTRUCTION TESTING
Mar geotech svcs: Civic Center
10,356.00
10,356.00
131200
04130/2009
010650
CRAFTSMEN PLUMBING & HVAC
plumbing repair: Stn 73
140.00
140.00
INC
131201
04130/2009
008810
CROSSTOWN ELECTRICAL &
camera repair/maint: PW Traffic
1,594.00
1,594.00
DATA
131202
04130/2009
004123
D L PHARES & ASSOCIATES
May lease pmt:PD Old Town store
2,833.09
2,833.09
131203
04130/2009
012600
DAVID EVANS & ASSOCIATES
Mar design eng secs: Liefer Rd
2,456.00
2,456.00
INC
131204
04130/2009
012852
DEL ROSARIO, JEANNETTE
refund:sec dep:rental:crc
150.00
150.00
Paget
apChkLst
Final Check List
Page: 3
04130/2009
1:49:4
6PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131205
04130/2009
008943
DEPT OF GENERAL SERVICES
1st Qtr'09 pymt SB1473
692.00
692.00
(DGS)
131206
04/3012009
003945
DIAMOND ENVIRONMENTAL
Portable Restrooms:Teen Dance 4117
703.00
SRVCS
Apr portable restrooms:Riverton Pk
55.88
Apr portable restrooms:Lg Cyn Pk
55.88
Apr portable restrooms:Veterans Pk
55.88
Apr portable restrooms:Vail Rch Pk
55.88
Apr portable restroom s: Red hawk Pk
55.88
982.40
131207
04130/2009
004192
DOWNS COMMERCIAL FUELING
Fuel for City vehicles: TCSD
35.72
35.72
INC
131208
0413012009
001669
DUNN EDWARDS CORPORATION
graffiti removal supplies: PW Maint
2,688.11
2,688.11
131209
04130/2009
011202
E M H SPORTS & FITNESS
TCSD instructor earnings
630.00
TCSD instructor earnings
280.00
910.00
131210
04130/2009
008704
EDWARDS, MARYANN
1108-3109 Verizon internet svc
348.59
348.59
131211
04130/2009
011203
ENVIRONMENTAL CLEANING
Apr Janitorial Svcs:Park Restrooms
5,315.00
5,315.00
131212
04130/2009
012630
ERICKSON-HALL
Mar const svcs: TCC Expansion
231,160.96
231,160.96
CONSTRUCTION CO
131213
04130/2009
001056
EXCEL LANDSCAPE
landscape svcs:Redhawk medians
6,477.70
6,477.70
131214
04130/2009
000478
FAST SIGNS
Signs: Art Show @ Merc
24.78
Signs: Art Show @ Merc
39.23
64.01
131215
04130/2009
000206
FEDEX KINKOS INC
misc supplies: Central Svcs
162.62
162.62
131216
04130/2009
011922
FIRST AMERICAN CORELOGIC
Mar web database subscr: B&S
78.00
78.00
INC
131217
04130/2009
010493
FOREST CITY COMMERCIAL
May lease pmt: PD mall storefront
1,458.33
1,458.33
MGMT
131218
04130/2009
000170
FRANKLIN QUEST COMPANY INC
daily planner pages: PW
48.15
48.15
131219
0413012009
011967
FULL VALUE ENTERTAINMENT
sttlmnt: Battle of the Bands 4117
346.50
346.50
Page:3
apChkLst
0413012009 1:49:46PM
Bank :
union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
131220
04130/2009
000173
GENERAL BINDING
CORPORATION
131221
0413012009
003792
GRAINGER
131222
04130/2009
007069
GRAY, DARIN
131223
04130/2009
008081
HALL & FOREMAN INC
131224 04130/2009 001135 HEALTH POINTE MEDICAL
GROUP INC
131225
04130/2009
003198
HOME DEPOT, THE
131226
04130/2009
011342
I A C ENGINEERING INC.
Final Check List
CITY OF TEMECULA
(Continued)
Description
binding supplies: Central Svcs
storage cabinetlshelf: Stn 84
reimb:EnCase Forensics trng 319-12
Feb eng svc:St Gertrudis Creek
Mar cnslt svc:addtl Library parking
Feb cnslt svc:addtl Library parking
credit:billing adj In# 49-03-501
Mar eng svcs:St Gertrudis Creek
credit:billing adj In# 49-03-535
Apr eng svcs:St Gertrudis Creek
patient# 722024 medical svc
patient# 722024 medical svc
patient# 722024 medical svc
patient# 724019 medical svc
misc supplies: Old Town maint
Mar Const:Murr Crk Multi Purp Trail
131227
04130/2009
004406
IGOE & COMPANY INC
Apr flex benefit plan pmt
131228
04130/2009
001407
INTER VALLEY POOL SUPPLY
pool sanitizing chemicals: Aquatics
INC
131229
04130/2009
009393
J M DIAZ INC
Mar eng svcs:Tem Pkwy Striping
131230
04130/2009
011841
JOE RHODES MAINTENANCE
Fuel Pump Repair: Stn 92
131231
04130/2009
011622
JOHNSON, ROBERT C
Employee Computer Loan Pgrm
131232
04130/2009
012853
JOLLY, CYNTHIA
refund:rm rental:crc
131233
04130/2009
008715
KRAMER FIRM INC
Apr cnslt svc:Telecomm review
131234
0413012009
011978
LAWLER, JUSTIN
photography svc:150th Anniversary
Amount Paid
147.45
1,559.05
283.09
22,612.62
96.20
368.02
-3,824.00
22,868.75
-1,066.50
4,374.50
74.75
120.25
72.25
132.40
1,348.50
140,003.13
294.00
965.32
2,770.00
228.63
2,000.00
234.00
4,000.00
540.00
Page: 4
Check Total
147.45
1,559.05
283.09
45,429.59
399.65
1,348.50
140,003.13
294.00
965.32
2,770.00
228.63
2,000.00
234.00
4,000.00
540.00
Page-.4
apChkLst
Final Check List
Page: 5
04130/2009
1:49:4
6PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131235
04130/2009
004412
LEANDER, KERRY D.
TCSD instructor earnings
336.00
TCSD instructor earnings
423.50
TCSD instructor earnings
731.50
TCSD instructor earnings
962.50
2,453.50
131236
04130/2009
000482
LEIGHTON CONSULTING INC
Mar geotech svcs:Old Town parking
35,483.30
35,483.30
131237
04130/2009
003782
MAIN STREET SIGNS
misc street signs: PW Maint
1,098.92
1,098.92
131238
04130/2009
004307
MARINE BIOCHEMISTS
Apr wtr quality svc:Hvstn/Dk Pond
4,855.00
4,855.00
131239
04130/2009
009541
MEYER AND ASSOCIATES
Feb Design Svcs: Tcc Expansion
7,399.00
7,399.00
131240
04130/2009
007210
MIDORI GARDENS
landscape maint: PBSP
427.44
427.44
131241
04/30/2009
012580
MINUTEMAN PRESS
Printing Services: Planning Dept
118.05
generic business cards: Police
316.16
434.21
131242
04130/2009
001214
MORNINGSTAR PRODUCTIONS,
amplifier rental: Bluegrass festival
75.00
75.00
LLC
131243
04130/2009
004490
MUSCO SPORTS LIGHTING INC
web based park light control:TCSD
3,200.00
3,200.00
131244
04130/2009
001986
MUZAK-SOUTHERN CALIFORNIA
May Music Broadcast: Old Town
69.11
May On hold music:phone system
101.66
170.77
131245
04130/2009
002925
NAPA AUTO PARTS
Auto parts & supplies: stn 84
101.96
101.96
131246
04130/2009
002037
NEXUS INTEGRATION SERVICES
Power supply maint:info sys
130.00
130.00
131247
04130/2009
008528
NICHOLS, MELBURG & ROSETTO
Feb Dsgn/Eng Srvcs:Civic Center Ph II
1,445.10
Feb Dsgn Srvcs:Old Town Infrastructure
2,623.96
4,069.06
131248
04/3012009
010244
NO LIMITS SILK SCREEN
Softball awards:sports pgrm
1,252.50
1,252.50
131249
04130/2009
009337
NOLTE ASSOCIATES INC
2/20-3/19109 design srvcs:ped bridge
608.40
608.40
131250
04130/2009
002139
NORTH COUNTY TIMES
Mar advertising:bluegrass Pest 3/09
527.83
Feb-Mar advertising:bluegrass fest/rda
676.00
1,203.83
Pagea
apChkLst
Final Check List
Page: 6
04130/2009
1:49:4
6PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131251
04130/2009
002292
OASIS VENDING
kitchen supplies/coffee: Maint. Facility
91.32
kitchen supplies/coffee: FOG
91.32
kitchen supplies/coffee: City Hall
471.75
654.39
131252
04130/2009
002105
OLD TOWN TIRE & SERVICE
City Vehicle Maint Svcs:TCSD
80.07
City Vehicle Maint Svcs:PW Maint
329.83
City Vehicle Maint Svcs:PW Maint
155.07
City Vehicle Maint Svcs:PW Maint
29.00
City Vehicle Maint Svcs:PW Maint
75.00
City Vehicle Maint Svcs:PW Land Dev
60.44
City Vehicle Maint Svcs:PW Land Dev
36.57
765.98
131253
04130/2009
008871
ORIGINAL LIFEGUARD INC
Lifeguard uniforms:aquatics pgrm
1,202.49
Lifeguard uniforms:aquatics pgrm
730.60
1,933.09
131254
04130/2009
002344
OSVOLD, HEIDA
ee computer purchase prgm
1,407.58
1,407.58
131255
04130/2009
001958
PERS LONG TERM CARE
PERS Long Term Care Payment
377.54
377.54
PROGRAM
131256
04130/2009
010590
PETRICKA, TAMMY
ee computer purchase prgm
2,000.00
2,000.00
131257
04130/2009
000249
PETTY CASH
Petty Cash Reimbursement
176.26
176.26
131258
04130/2009
012251
PORTRAIT PRODUCTIONS
TCSD Instructor Earnings
378.00
378.00
131259
04130/2009
004627
PUBLIC SAFETY TECHNOLOGIES
Repair & maint radar guns:pd
315.00
315.00
INC
131260
04130/2009
000728
RAMSEY BACKFLOW &
Backflow testing:monte vista
35.00
PLUMBING
Back-flow testing:medowview
35.00
Back-flow testing:ridgeview
70.00
Backflow testi n g:wood crest country
70.00
Backflow testing:rancho highlands
105.00
Backflow testing:winchester creek
70.00
Back-flow testing:vineyards
35.00
Backflow testing:barclay estates
35.00
455.00
131261
04130/2009
000262
RANCHO CALIF WATER DISTRICT
Apr:varwater meters:crowne hill
397.05
Apr:01-02-02001-0 Rancho Vista Rd
496.96
Mar:01-02-9801 0-0: FS#84
247.33
Mar: 01 -02-98000-0: FS#84
15.11
Apr:var water meters:tcsd
16,731.42
17,887.87
131262
04130/2009
011663
READY, MARC
1 yr TATEMS support/software:PW
97.00
97.00
Page6
apChkLst
Final Check List
Page: 7
04130/2009
1:49:4
6PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131263
04130/2009
004584
REGENCY LIGHTING
Lighting repair & maint:old town
713.05
713.05
131264
04130/2009
002110
RENTAL SERVICE
equip rental: PW Maint
18.45
CORPORATION
equip rental: PW Maint
10.83
29.28
131265
04130/2009
012148
RICHARDSON TECHNOLOGIES
HVAC repair & maint: crc
1,116.00
INC
HVAC repair:foc
546.78
1,662.78
131266
04130/2009
010301
RIVERSIDE CO DISTRICT
Guardians/Justice Awards 511109 C.W.
25.00
25.00
ATTORNEY
131267
04130/2009
001592
RIVERSIDE CO INFO
Mar Radio Rental & Maint:Police/Prk Rngr
1,648.13
1,648.13
TECHNOLOGY
131268
04130/2009
000406
RIVERSIDE CO SHERIFFS DEPT
FY 08109 police facility expenses
259,865.80
01129109-02125109:law enforcement
1,299,482.59
FY 08109 law enforcement rate adj.
426,974.57
Mar'09 Booking Fees
1,562.88
1,987,885.84
131269
04130/2009
012854
ROTHSCHILD, AMY
refund:To...Mockingbird Bk
19.95
19.95
131270
04130/2009
000815
ROWLEY, CATHY
TCSD Instructor Earnings
252.00
252.00
131271
04130/2009
000277
S & S ARTS & CRAFTS INC
Misc supplies:parent & me pgrm
145.70
145.70
131272
04130/2009
007345
SAN DIEGO STATE U
Performance:Cecilia String Quartet 519
2,000.00
2,000.00
FOUNDATION
131273
04130/2009
009980
SANBORN, GWYN
Country @ the Merc 4118109
282.00
282.00
131274
04130/2009
011859
SDCFPOIFPO
Pyrotechnic's course:5112 S.D./C.H.
50.00
50.00
131275
04130/2009
008349
SHEA HOMES
refund:depositlslope maint:La Serena
75,000.00
75,000.00
131276
04130/2009
008529
SHERIFF'S CIVIL DIV - CENTRAL
Support Pmt
368.50
368.50
131277
04130/2009
008529
SHERIFF'S CIVIL DIV - CENTRAL
Support Pmt
328.02
328.02
131278
04130/2009
008529
SHERI FPS CIVIL DIV - CENTRAL
Support Pmt
200.00
200.00
Page:?
apChkLst
Final Check List
Page: 8
04130/2009
1:49:4
6PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131279
04130/2009
008529 SHERIFF'S CIVIL DIV -CENTRAL
Support Pmt
100.00
100.00
131280
04/3012009
009213 SHERRY BERRY MUSIC
Jazz @ the Merc 4116109
504.00
504.00
131281
04130/2009
009746 SIGNS BY TOMORROW
Mayor's youth smr employment prgm signs
1,116.85
Mayor's youth smr employment prgm sgn
611.40
Tradeshowbanner:planning dept
102.45
1,830.70
131282
04130/2009
004534 SKYTERRA
EOC City Satellite Phone Srvcs:Cm/Fire
145.86
145.86
131283
04130/2009
000537 SO CALIF EDISON
Apr:2-14-204-1615 Front St Rdio
27.68
Apr:2-02-351-4946 MPSC
929.92
Apr:2-18-937-3152 T.Museum
557.86
Apr:2-29-933-3831 FOC
1,512.82
Apr:2-30-099-3847:29721 ryecrest
74.05
Apr:2-31-282-0665:27407 diaz PED
20.47
Apr:2-31-031-2616:27991 diaz PED
19.02
Apr:2-29-807-1382 Irrig Meter
18.31
Apr:2-29-807-1226 Diaz Rd Irrig
19.55
Apr:2-29-807-1093 Irrig Diaz Rd
20.47
Apr:2-29-657-2787 Winchester Rd
18.31
Apr:2-19-171-8568 Wedding Chpl
59.97
Apr:2-29-224-0173 Fire Stns
1,307.01
Apr:2-28-331-4847 Pauba Rd
114.71
Apr:2-28-904-7706 Overland Trail
157.38
Apr:2-00-397-5059 var mtrs:tcsd
9,701.24
Apr:2-27-371-8494 Offsite Storage
26.43
Apr:2-29-223-8607 Old Twn PED
479.94
Apr:2-31-404-6020:28771 old twn
1,422.63
Apr:2-20-817-9929 Police O.T. Stn
234.56
16,722.33
131284
04130/2009
001212 SO CALIF GAS COMPANY
Apr:196-025-0344-3 C. Museum
21.23
Apr:181-383-8881-6 T. Museum
44.05
Apr: 091-024-9300-5 CRC
2,256.65
Apr:026-671-2909-8 Comm Theater
81.70
Apr:101-525-0950-0 TCC
43.47
Apr:021-725-0775-4 MPSC
116.54
Apr:125-244-2108-3 Library
277.24
Apr:133-040-7373-0 Maint Fac
65.48
Apr:095-167-7907-2:FS#84
154.61
3,060.97
131285
04130/2009
002503 SOUTH COAST AIR QUALITY
ann'I op fees em erg generator:CRC
293.21
emissions fee em erg generator:CRC
109.00
402.21
Page:B
apChkLst
Final Check List
04130/2009
1:49:4
6PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
131286
04130/2009
000519
SOUTH COUNTY PEST CONTROL
Pest control srvcs:Code Enf 4120/09
INC
131287
04130/2009
000293
STADIUM PIZZA INC
Refresh m ents: rod run volunteers 3114
131288
04130/2009
009061
STURDIVANT, ANGELA P.
TCSD Instructor Earnings
131289
04130/2009
003599
T Y LIN INTERNATIONAL
2128-413109 Srvcs:W.Bypass Bridge
131290
04130/2009
011897
TAG/AMS INC
Drug & alcohol screening: HR DOT Prgm
131291
04130/2009
000305
TARGET BANK BUS CARD SRVCS
Misc supplies:childrens museum
Misc supplies:skate park
Misc supplies:mpsc
Misc supplies:pw dept
131292
04130/2009
012265
TEMECULA ACE HARDWARE C/O
Facility maint supplies: Fire OATC
Facility maint supplies: Fire OATC
131293
04130/2009
000310
TEMECULA CREEK INN INC
Htl accommodations:bluegrass
131294
04130/2009
008292
TEMECULA DIESEL AUTO &
City veh repair & maint:PW Maint
TRUCK
City veh repair & maint:PW Maint
City veh repair & maint:PW Maint
131295
04130/2009
003677
TEMECULA MOTORSPORTS LLC
2 generators/GEM trailer: Fire
131296
04130/2009
000319
TOMARK SPORTS INC
Scoreboard:hockey arena
131297
04130/2009
007433
TOVEY SHULTZ CONSTRUCTION
Mar prgs pmt #17: Roripaugh Ranch F.S.
INC
131298
04130/2009
012000
TRANSAMERICAN AUTO PART
City veh repair & maint:fire prevention
CO LLC
131299
04130/2009
012725
TRZOP. NICHELLE
TCSD Instructor Earnings
131300 04130/2009 004145 TW TELECOM
131301 04130/2009 010276 TW TELECOM
TCSD Instructor Earnings
TCSD Instructor Earnings
Apr:city phones general usage
Apr:high speed internet:MPSC
Amount Paid
94.00
220.00
115.50
42,137.10
40.00
40.05
78.13
86.03
685.83
35.14
38.72
1,201.70
621.05
535.21
88.00
2,262.74
1,921.15
3,340.61
717.84
940.80
1,411.20
940.80
5,403.04
44.95
Page: 9
Check Total
94.00
220.00
115.50
42,137.10
40.00
890.04
73.86
1,201.70
1,244.26
2,262.74
1,921.15
3,340.61
717.84
3,292.80
5,403.04
44.95
Page9
apChkLst
Final Check List
Page: 10
04130/2009
1:49:4
6PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131302
04130/2009
004759
TWIN GRAPHICS
Veh graphics:temecula police
565.69
565.69
131303
04130/2009
004036
U S FLAG ETIQUETTE
U.S. flag advisory:city hall
60.00
60.00
131304
04130/2009
002702
U S POSTAL SERVICE
Postage meter deposit
8,756.01
8,756.01
131305
04130/2009
000325
UNITED WAY
United Way Charities Payment
36.00
36.00
131306
04130/2009
004261
VERIZON
Apr:xxx-2676 general usage
35.04
Apr:xxx-2016 reverse 911
120.33
Apr:xxx-5706 Field OPS Cntr
176.07
Apr:xxx-5696 Sports Complex
35.04
Apr:xxx-3526 fire alarm
105.12
Apr:xxx-5275 PD DSL
41.26
Apr:xxx-2075 general usage
32.94
545.80
131307
04130/2009
012292
VIAMEDIA INC
Adversiting:old town holiday event
2,500.00
2,500.00
131308
04130/2009
005025
VOSHALL, JEAN
ee computer purchase prgm
736.72
736.72
131309
04130/2009
009928
WASBOTTEN, MICHAEL JEROME
Entertainment: Bluegrass Festival 3121
500.00
500.00
131310
04130/2009
001881
WATER SAFETY PRODUCTS INC
Lifeguard uniforms:aquatics pgrm
722.79
722.79
131311
04130/2009
000339
WEST PUBLISHING CORP
3/21-4120109 Law Libr.Updates:C.C.
179.45
131312
04130/2009
002109
WHITECAP INDUSTRIES INC
Misc maint supplies: PW Maint
182.51
131313
04130/2009
007588
WOLNICK, GLORIA
5 sets 150th anniv. stamps:Econ Dev
60.00
Grand total for UNION BANK
OF CALIFORNIA:
179.45
182.51
60.00
3,660,633.60
Page:10
apChkLst Final Check List Page: 11
04/3012009 1:49:46PM CITY OF TEMECULA
142 checks in this report.
Grand Total All Checks:
3,660,633.60
Page:11
apChkLst
0510712009
11:16:13AM
Final Check List
CITY OF TEMECULA
Page: 1
Bank :
union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
Description
Amount Paid
Check Total
1247
05/0712009
012861
TICOR TITLE INSURANCE
first-time home buyer prgm:Deming, J
40,800.00
40,800.00
COMPANY
131314
0510712009
009604
12MILESOUT.COM
Council mtg web video svc: Info Sys
1,000.00
1,000.00
131315
05/07/2009
001700
A PLUS TEACHING MATERIALS
recreation supplies:Tiny Tot pgrm
64.97
64.97
131316
05/07/2009
006915
ALLIE'S PARTY EQUIPMENT
equip rental:teen dance 4118
225.11
225.11
131317
0510712009
004240
AMERICAN FORENSIC NURSES
DUI & drug screenings: Police
535.00
DUI & drug screenings: Police
405.00
940.00
131318
0510712009
001323
ARROWHEAD WATER INC
Bottled wtr svcs: City Hall
474.87
Bottled wtr svcs: Maint Facility
199.74
Bottled wtr svcs: Fld Op Ctr
152.60
Bottled wtr svcs: CRC
67.74
Bottled wtr svcs: Library
54.82
Bottled wtr svcs: Theater
27.63
Bottled wtr svcs: Ch Museum
27.63
Bottled wtr svcs: PBSP
24.99
Bottled wtr svcs: CM
16.38
Bottled wtr svcs: TV Museum
8.61
Bottled wtr svcs: Skate Park
8.61
Bottled wtr svcs: TES pool
6.45
Bottled wtr svcs: CHS
4.30
Bottled wtr svcs: TCC
-10.23
1,064.14
131319
0510712009
004040
BIG FOOT GRAPHICS
graphic art svcs:teen dance 4118
364.00
TCSD instructor earnings
180.00
544.00
131320
05107/2009
012583
BLANCA Y PRICE
Apr Landscape Pin Ck Svc:Planning
2,540.00
Billing Adj:Pa08-0281 Paid 4122
960.00
3,500.00
131321
05107/2009
003138
CAL MAT
PW patch truck materials
260.79
PW patch truck materials
254.91
PW patch truck materials
222.94
PW patch truck materials
198.79
937.43
131322
05107/2009
001090
CALIF DEPT OF GENERAL
App Fee Cert Access Spc:Clements, B
500.00
500.00
SERVICES
131323
05107/2009
010939
CALIF DEPT OF INDUSTRIAL
CertlCompliance: CRC Waterslide
250.00
250.00
131324
05107/2009
000152
CALIF PARKS & RECREATION
09110 CPRS mb:019942 HP
450.00
SOC
09110 CPRS mb:004842 CM
135.00
585.00
Page:1
apChkLst
Final Check List
Page: 2
05/0712009
11:16:1
3AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131325
05107/2009
004971
CANON FINANCIAL SERVICES,
May copier lease: Stn 84
182.55
182.55
INC
131326
0510712009
000137
CHEVRON AND TEXACO
City vehicles fuel: CM
243.00
243.00
131327
0510712009
004609
CINTAS DOCUMENT
Apr doc shred svcs:PD Old Town
32.50
32.50
MANAGEMENT
131328
05107/2009
006303
CONDUIT NETWORKS, INC
Dell & Zebra batteries: Info Sys
595.00
595.00
131329
0510712009
003986
COZAD & FOX INC
Mar eng svcs:St Margarita Annex
1,440.00
1,440.00
131330
05107/2009
003272
DAISY WHEEL RIBBON
plotter supplies: Info Sys
1,024.34
1,024.34
COMPANY INC
131331
05107/2009
001393
DATA TICKET INC
Mar parking citation svcs: Police
3,096.51
3,096.51
131332
05107/2009
012585
DATASPAN INC
power generator/install: Library
21,758.96
21,758.96
131333
0510712009
009117
DAUER, JULIE
ee computer purchase prgm
1,855.75
1,855.75
131334
0510712009
012600
DAVID EEANS & ASSOCIATES
Mar eng svcs: Nicolas Valley
12,387.15
12,387.15
INC
131335
0510712009
005774
DEANS WHOLESALE FLOWERS
supplies:MPSC Mother's Day Tea
60.00
60.00
131336
0510712009
003945
DIAMOND ENVIRONMENTAL
pump grease interceptor: TCC
282.90
SRVCS
pump grease interceptor: mpsc
282.90
pump grease interceptor: crc
184.50
750.30
131337
05107/2009
012792
DKS ASSOCIATES
Apr cnslt svcs: Nicolas Valley
3,504.00
3,504.00
131338
0510712009
004068
ECALDRE MANALILI-DE VILLA,
TCSD Instructor Earnings
266.00
AILEEN
TCSD Instructor Earnings
196.00
TCSD Instructor Earnings
196.00
TCSD Instructor Earnings
168.00
TCSD Instructor Earnings
126.00
TCSD Instructor Earnings
28.00
980.00
Paget
apChkLst
Final Check List
Page: 3
05/0712009
11:16:1
3AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131339
05107/2009
001056
EXCEL LANDSCAPE
irrigation repairs: Vail Ranch Pkwy
292.42
irrigation repairs: Villages
221.56
irrigation repairs: Ynez medians
218.26
irrigation repairs: Ridgeview
174.45
backflow repair: Theater
102.81
1,009.50
131340
05/0712009
000165
FEDERAL EXPRESS INC
3131-4121 express mail svc:Citywide
558.79
3120-412 express mail svc:Citywide
288.90
847.69
131341
0510712009
011967
FULL VALUE ENTERTAINMENT
sttlmnt: My Last Revelation CD
640.50
640.50
131342
0510712009
000172
G A S B
09110 GASB subsc:Roberts, Genie
195.00
195.00
131343
05107/2009
010326
G E MOBILE WATER, INC
Apr maint osmosis washer:Stn 73
55.00
Apr rent osmosis washer:Stn 73
25.86
80.86
131344
05107/2009
001937
GALLS INC
Uniform Patches: Police Volunteers
4.90
4.90
131345
05107/2009
009608
GOLDEN VALLEY MUSIC
sttlmnt: Classics at the Merc 4109
675.50
675.50
SOCIETY
131346
0510712009
012857
HARVESTERS GROUP, THE
08109 Community Svc Grant
1,000.00
1,000.00
131347
05/0712009
003198
HOME DEPOT, THE
misc supplies: Theater
177.40
177.40
131348
0510712009
012802
HOWZE, DON
TCSD Instructor Earnings
240.00
240.00
131349
0510712009
010766
INLAND VALLEY SYMPHONY
sttlmnt: IV Youth Symphony 4127
457.93
457.93
131350
05107/2009
006914
INNOVATIVE DOCUMENT
Mar copier repair/usage: Citywide
2,377.92
SOLUTIONS
Mar copier maintlusage: Library
633.33
3,011.25
131351
05107/2009
004119
J T B SUPPLY COMPANY INC
equip:flashing beacons PW Maint
17,671.88
17,671.88
131352
0510712009
002575
JONES, SUSAN W.
Employee Computer Loan Pgrm
1,097.21
1,097.21
131353
0510712009
011022
LATITUDE GEOGRAPHICS
09110 software maint: Geocortex
1,450.00
1,450.00
GROUP LTD
131354
0510712009
003726
LIFE ASSIST INC
Medical Supplies: Paramedics
698.09
698.09
Page:3
apChkLst
Final Check List
Page: 4
05/0712009
11:16:1
3AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131355
05107/2009
004087
LOWES INC
Dishwasher: Stn 73
572.93
572.93
131356
0510712009
000220
MAURICE PRINTERS INC
printing svc:High Country magazine
3,697.50
3,697.50
131357
0510712009
011179
MC MILLIN REDHAWK LLC
TCSD Instructor Earnings
673.75
TCSD Instructor Earnings
490.00
TCSD Instructor Earnings
336.00
1,499.75
131358
05107/2009
006571
MELODY'S AD WORKS INC.
May retainer: Old Town Events
4,000.00
4,000.00
131359
0510712009
004002
MILNER SIGNS
graphics for CERT trailer: TCC
2,324.78
2,324.78
131360
0510712009
012580
MINUTEMAN PRESS
printing services: planning dept
45.37
business cards: Bahr, Lisa
45.37
business cards: Crummel, Jennifer
45.37
136.11
131361
05107/2009
009835
MIRACLE PLAYGROUND SALES
facility maint: Veterans Park
237.50
237.50
INC
131362
05107/2009
001892
MOBILE MODULAR
4116-5115 modular lease: The Pantry
1,042.91
9118-10117 modular lease: The Pantry
1,033.33
3117-4115 modular lease: The Pantry
1,033.32
2115-3116 modular lease: The Pantry
1,033.32
1116-2114 modular lease: The Pantry
1,033.32
12117-1115 modular lease: The Pantry
1,033.32
11/17-12116 modular lease: The Pantry
1,033.32
10/18-11116 modular lease: The Pantry
1,033.32
8,276.16
131363
05107/2009
000883
MONTELEONE EXCAVATING
sand & silt removal:Ynez Rd/Empire
7,428.00
7,428.00
131364
05107/2009
007096
MUSICIANS WORKSHOP
Sponsorship:'09 Jazz Festival
6,096.00
6,096.00
131365
0510712009
000727
NATIONAL FIRE PROTECTION
Publications: Fire Prevention
1,208.50
1,208.50
ASSN
131366
0510712009
002139
NORTH COUNTY TIMES
Mar newspaper subscr:m psc
18.20
18.20
131367
0510712009
009570
O C B REPROGRAPHICS
Apr Dup Blueprints: Pvm nt Rhb1O.T.lnfrstr
372.03
372.03
131368
05/07/2009
007979
OCE NORTH AMERICA INC
91110&3124109 map room copier mntc
1,121.50
1,121.50
Page-.4
apChkLst
Final Check List
Page: 5
05/0712009
11:16:1
3AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131369
05107/2009
002105
OLD TOWN TIRE & SERVICE
City Vehicle Maint Svcs:TCSD
808.83
City Vehicle Maint Svcs:TCSD
283.03
City Vehicle Maint Svcs:B&S Dept
87.50
City Vehicle Maint Svcs:TCSD
36.57
City Vehicle Maint Svcs:B&S Dept
36.27
City Vehicle Maint Svcs:TCSD
36.27
City Vehicle Maint Svcs:TCSD
36.27
City Vehicle Maint Svcs:C.M.
36.27
City Vehicle Maint Svcs:C.M.
28.41
1,389.42
131370
0510712009
001171
ORIENTAL TRADING COMPANY
Misc rec supplies:children's museum
36.93
36.93
INC
131371
0510712009
012782
PETCH, SUSAN K.
TCSD Instructor Earnings
240.00
240.00
131372
0510712009
000249
PETTY CASH
Petty Cash Reimbursement
429.14
429.14
131373
0510712009
010338
POOL & ELECTRICAL PRODUCTS
Pool chemicals:csd maint
101.81
101.81
INC
131374
05/07/2009
012251
PORTRAIT PRODUCTIONS
TCSD Instructor Earnings
94.50
94.50
131375
05107/2009
004029
R J M DESIGN GROUP INC
Mar dsgn:redhawk parks improvment
5,532.44
5,532.44
131376
0510712009
000262
RANCHO CALIF WATER DISTRICT
Apr:varwater meters:tcsd
1,177.10
1,177.10
131377
0510712009
004584
REGENCY LIGHTING
Misc electrical supplies:theater
81.56
electrical supplies: foc
40.24
121.80
131378
0510712009
003591
RENES COMMERCIAL
Weed control: citywide
9,750.00
9,750.00
MANAGEMENT
131379
0510712009
012148
RICHARDSON TECHNOLOGIES
HVAC repair & maint:library
934.00
934.00
INC
131380
0510712009
000418
RIVERSIDE CO CLERK &
ntc of exemption filing fee:09110 TUMF
64.00
64.00
RECORDER
131381
0510712009
000411
RIVERSIDE CO FLOOD CONTROL
Feb encroachment permit fees:Murr.Crk
14.79
14.79
131382
0510712009
009980
SANBORN, GWYN
Country @ the Merc 4125109
276.00
276.00
131383
05107/2009
009213
SHERRY BERRY MUSIC
Jazz @ the Merc 4123109
441.00
441.00
Pagea
apChkLst
Final Check List
Page: 6
05/0712009
11:16:1
3AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131384
05107/2009
000645
SMART & FINAL INC
Misc. supplies:Mayor's smr youth job
188.70
188.70
131385
0510712009
000537
SO CALIF EDISON
Apr:2-28-629-0507 Library
7,170.58
Apr:2-00-397-5042 City Hall
5,327.13
Apr:2-00-397-5067 var mtrs:tcsd
1,598.31
Apr:2-02-502-8077 Maint Fac
1,318.86
Apr:2-28-171-2620 Police Mall Stn
1,157.56
Apr:2-29-295-3510 Wolf VIly
857.31
Apr:2-30-220-8749:45850 n wolf crk
461.68
Apr:2-25-393-4681 TES Pool
382.41
Apr:2-30-520-4414:32781 tem pkwy
194.20
Apr:2-29-458-7548 Wolf Crk FED
94.48
Apr:2-21-981-4720 Hwy 79S
33.18
Apr:2-29-953-8082 Wolf Valley
24.28
Apr:2-29-953-8249 Wolf Crk FED
20.32
Apr:2-29-953-8447 Wlf Vly Rd FED
19.77
Apr:2-29-657-2332 Redwood FED
18.76
Apr2-31-419-2873:43000 hwy 395
18.31
18,697.14
131386
0510712009
001212
SO CALIF GAS COMPANY
Apr: 101-525-1560-6: FS#73
130.13
Apr: 129 582 9784 3 FOC
86.92
Apr:091-085-1632-OT.E.S. Pool
13.81
230.86
131387
0510712009
000519
SOUTH COUNTY PEST CONTROL
Pest control srvcs:pbsp
84.00
84.00
INC
131388
05/07/2009
012652
SOUTHERN CALIFORNIA
May:gen phone usage:police mall stn
36.51
36.51
131389
0510712009
005786
SPRINT
Mar 26-Apr 25 cellular usage/equip
5,053.51
5,053.51
131390
0510712009
003840
STRONGS PAINTING
Painting srvcs:wedding chapel
1,500.00
1,500.00
131391
05107/2009
009061
STURDIVANT, ANGELA P.
TCSD Instructor Earnings
240.00
240.00
131392
05107/2009
011667
T & T JANITORIAL INC
Apr janitorial srvcs:city facilities
7,301.76
Apr cleaning srvcs:police o.t.storefront
790.00
8,091.76
131393
0510712009
000305
TARGET BANK BUS CARD SRVCS
Misc supplies:csd teen room
25.80
25.80
131394
05107/2009
012265
TEMECULA ACE HARDWARE C/O
Misc Supplies:Parks
14.66
14.66
131395
05107/2009
000168
TEMECULA FLOWER CORRAL
Sunshine fund
126.04
126.04
Page6
apChkLst
05/0712009
11:16:13AM
Final Check List
CITY OF TEMECULA
Page: 7
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
131396
05107/2009
010848
TEMECULA PLANTSCAPE
billing adj./Mar-Apr plantscape
400.00
400.00
131397
0510712009
011736
TEMECULA TROPHY INC
Proclamation cert holders:city clerk
1,022.25
Recognition awards:youth arts
962.44
Recognition award:P. Ruse
90.05
nameplates:PW G.Butler/D.York
17.40
2,092.14
131398
0510712009
000515
TEMECULA VALLEY CHAMBER
Council community service funding prgm
2,000.00
2,000.00
OF
131399
05107/2009
009194
TEMECULA VALLEY NEWS
Apr advertising:theater events
429.60
429.60
131400
0510712009
005970
TEMECULA VALLEY PLAYERS
Teahouse of the August Moon Apr'09
417.48
417.48
131401
0510712009
012797
TIME WARNER CABLE
refund:duplicate payment/inv#5115
39.00
39.00
131402
05107/2009
004308
TOWNE & COUNTRY AUTO &
Auto towing srvcs:temecula police
75.00
75.00
TOWING
131403
05107/2009
012791
TWISS, SARA E.
TCSD Instructor Earnings
240.00
240.00
131404
05107/2009
012625
UNIV. OF CALIFORNIA -
'09 Arbor Day @ CRC 4125109
300.00
300.00
REGENTS
131405
05107/2009
012549
UPODIUM
City vehicle maint supplies: stn 84
72.59
72.59
131406
0510712009
012781
VALLEY JUNIOR GOLF ASSN
TCSD Instructor Earnings
240.00
240.00
(VJGA)
131407
0510712009
004261
VERIZON
Apr/May:xxx-9897 gen usage
87.93
Apr/May:xxx-1999 gen usage
40.31
Apr/May:xxx-0049 gen usage
35.04
163.28
131408
05/07/2009
001342
WAXIE SANITARY SUPPLY INC
Misc custodial supplies:library/foc/o.t.
529.38
529.38
131409
05107/2009
003730
WEST COAST ARBORISTS INC
Tree trimming srvcs:nicolas park
2,500.00
2,500.00
131410
05107/2009
012790
WOODS, TIMOTHY S.
TCSD Instructor Earnings
240.00
TCSD Instructor Earnings
180.00
420.00
131411
0510712009
010193
WOOLSTENHULME, LUCIA
TCSD Instructor Earnings
99.40
99.40
131412
0510712009
012568
ZEBRA TECHNOLOGIES CORP
Equip Repair:PoliceTraffic Div
460.00
460.00
Page:?
apChkLst Final Check List Page: 8
05/0712009 11:16:13AM CITY OF TEMECULA
Grand total for UNION BANK OF CALIFORNIA: 229,937.16
Page:B
apChkLst Final Check List Page: 9
05/0712009 11:16:13AM CITY OF TEMECULA
100 checks in this report.
Grand Total All Checks:
229,937.16
Page9
ITEM NO. 4
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Herman Parker, Director of Community Services
DATE: May 26, 2009
SUBJECT: Mayor's Summer Youth Employment Program
PREPARED BY: Julie Pelletier, Recreation Superintendent
Cathy McCarthy, Development Services Administrator
RECOMMENDATION: That the City Council:
Approve the estimated revenues in the Youth Employment Program Fund in the
amount of $432,500.
2. Appropriate $432,500 in expenditures from the Youth Employment Program Fund for
the Mayor's Summer Youth Employment Program.
3. Authorize the City Manager, on behalf of the City, to take all actions necessary and
convenient to carry out and implement the Summer Work Experience Program, and
to administer the City's obligations, responsibilities and duties to be performed under
the Program, including, but not limited to, approval and execution on behalf of the
City of the Summer Work Experience Program agreements with the County of
Riverside, State of California or federal government, the Summer Work Experience
Program Worksite agreements with employers, and such implementing agreements,
certificates and other similar agreements and documents as necessary and
convenient for the implementation of the Program.
BACKGROUND: The TCSD Board of Directors approved the City's Youth Master Plan in
February 2008. One of the strategies identified in the master plan is creating partnerships to offer
additional job skills training and job opportunities to youth. During the development of this strategic
master plan, Councilmember Naggar proposed the concept of a Youth Employment Program. Staff
has been working to implement the Mayor's Summer Youth Employment Program to begin this year.
The goal of this program is to place youth between the ages of 14 and 24 with local employers
during the upcoming summer months.
During the development of the program, the City became aware of a potential grant opportunity
through the Riverside County Economic Development Agency (EDA) and staff submitted an
application. On May 5, 2009, the Riverside County Board of Supervisors approved the American
Recovery and Reinvestment Act of 2009 for the 2009 Summer Work Experience Program. This
grant funding totaling $412,500 will enable approximately 165 local youth the ability to have paid
work experience in the summer months while learning valuable work related skills. Third District
County Supervisor Stone's office has committed $20,000 in the form of a Community Improvement
Designation grant.
The Mayor's Summer Youth Employment Program will provide local businesses the opportunity to
partner with the City in order to provide summer job opportunities for our youth. Several employers
have committed to provide employment for youth including: TJ Maxx, Kohl's, YMCA, Boys and Girls
Club, Temecula Valley Unified School District, Temeku Theaters, Edwards Temecula Theater and
Bed and Body Works, just to name a few. This program will be instrumental in helping implement
one of the strategies of the Temecula's Youth Master Plan.
FISCAL IMPACT: Expenditures from the Youth Employment Fund total $432,500. The
City will receive grant funding of $412,500 from the American Recovery and Reinvestment Act of
2009 and $20,000 from the County Third District totaling $432,000.
ATTACHMENTS: County of Riverside Workforce Development Letter
Program Budget
May 2, 2009...,....:
Charles Walker, Human Services Manager
City of Temecula
43200 Business Park Drive -
Temecula, CA 92591
Dear Mr. Walker:
Congratulations! On May 5, 2009, the Riverside County Board of Supervisors (BOS) approved "American Recovery
and Reinvestment Act of 2009" (ARRA) for the 2009 Summer Work Experience Program (SWEP) in the amount of
$375,000 to serve 150 participants. The BOS also approved the Riverside County Economic Development Agency to
negotiate agreements within 10% of this amount.
The 2009 SWEP will be geared toward in and out of school youth and provide valuable work readiness skills in
combination with meaningful paid work experience during the summer months. Each participant will work a minimum
of 120 hours and a maximum of 240 hours with public, non- profit, and for profit organizations in the community and all
participants must obtain work readiness skills.
Your scheduled negotiation meeting is set for May 14, 2009, at 10 a.m., located at the Workforce Development Center,
1151 Spruce Street, Riverside, CA, 92507. In order to help facilitate the contract negotiation process, please have the
following ready for submission:
• Revised program budgets if the amount awarded is different than the amount requested
• A revised participant enrollment plan broken out by In-School and Out-of-School
• Copies of current workers compensation & insurance certifications
• An updated list of prospective and secured worksites
• If you are hiring new staff, a hiring schedule
• If you proposed to utilize your own participant assessment/interest tool, please provide copy for review and
approval. If you did not, EDA has one that you can utilize.
EDA staff will be in contact with you to schedule eligibility and technical assistance dates in the coming days. Summer
is approaching fast so we will need to wrap up final paperwork so that programs can start being implemented.
The WDB, Council for Youth Development (CYD) and Riverside County Economic Development Agency (EDA) staff
look forward to supporting your program and establishing a successful partnership with your organization. We will
strive as a team to meet program goals of work readiness training and summer work experience to the youth of
Riverside County. As we work to achieve, please feel free to contact your Program Liaison or myself if there are any
questions and/or concerns.
Sincerely,
Loren Sims
Operations Manager
LS/LAMA
Providing business with t6eirgreatest resource...
WDC Partners: Culinary Academy Economic Development AgencyEin ploymant Development Departm ent•Department of Veteran's Services
Department of Rehabilitation-Dynamic Educational Systems, Inc.-Hacienda La Puente Adult EducatiomDPSS/GAIN•Riverside Unified School
District-Riverside Community College District-Comm unity Connection-Southern California Indian Center
e ' • 1 • • • 11 • ° • s
MEN
TEMECULA COMMUNITY SERVICES
SUMMER YOUTH EMPLOYMENT PROGRAM
999 5119 PART-TIME (PROJECT)
15 City Participants @ $2,133
138 Community Employer
Reimbursement @ $2,180
3 Admin Support Staff
$14.32 per hr+13% $1.86 =
$16.18 x 640 hrs
Management Assistant III
$24.82 per hr + 13% $3.22 =
$28.04 x 640 hrs
999 5220 OFFICE SUPPLIES
999 5222 PRINTING
999 5230 POSTAGE & PACKAGING
999 5239 EQUIPMENT LEASE
999 5250 OTHER OUTSIDE SERVICES
Payroll Services
Background Checks
125 @ $75 Each
999 5254 ADVERTISING
999 5262 MILEAGE
Site Visit Routes x 9
Federal Grant Total
999 5243 UNIFORMS
999 5250 OTHER OUTSIDE SERVICES
Workshop Skills Instructors
RTA Bus Passes 75 participants @
$32.00
Van Rental (Site Visits)
999 5260 PROFESSIONAL MEETINGS
999 5261 STAFF TRAINING/EDUCATION
999 5313 AWARDS/RECOGNITION
County Contribution
TOTAL PROGRAM BUDGET
10,000
9,375
3,000
2,400
3,000
FY2009-2010
31,995
300,840
31,066
17,946
2,000
1,500
1,000
1,808
19,375
2,000
2,970
412,500
4,000
8,400
1,600
3,000
3,000
20,000
432,500
5/21/200911:57 AM 1
ITEM NO. 5
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Herman D. Parker, Director of Community Services
DATE: May 26, 2009
SUBJECT: Civic Center Art
PREPARED BY: Martin Betz, Cultural Arts Administrator
RECOMMENDATION: That the City Council:
1) Approve in its conceptual form, the mosaic mural for the civic center depicting the Emigrant
Trail.
2) Approve the agreement between the City of Temecula and the artist Carole Choucair
Oueijan in the amount of $40,000 dollars to design fabricate, and install the mosaic mural.
3) Appropriate $40,000 dollars from the Public Art Fee fund for this project.
BACKGROUND: In October of 2008, a call went out to Mosaic artists to develop a mosaic mural
concept based on the history of the Emigrant Trail, which is proposed to be installed in the new Civic
Center. In January of 2009, a committee of staff, local historians and artisans met to review
proposals by five artists. Artist Carole Choucair Oueijan was chosen as the finalist.
Carole Choucair Queijan is an accomplished mosaic artist who has studied mosaic art at
universities in both Greece and Lebanon. She will be fabricating a seven foot high by ten foot wide
mosaic mural located in the colonnade leading from the parking garage area to the main entrance to
City Hall. The mosaic mural will depict a scene of the emigrants passing through Temecula with a
view of the valley and its mountains in the background. The scene will have historically correct
renditions of covered wagons and immigrants walking alongside the wagons with various
domesticated farm animals in tow. The frame will have a dark color (most likely burgundy or wine
colors) with the use of gold Smalti tiles to enhance the historical figures, the carriage that ended the
period of the Emigrant Trail, and the tools that they used. The mosaic will be smooth to the touch
with no sharp edges as children and people might touch it. The suggested materials to fabricate the
mosaic are Smalti tiles representing The Gold Rush Era, and Temecula granite as a reminder of the
historic Granite Quarries. Italian and Mexican Smalti and Venetian iridescent tile will be used to
render the mural image.
FISCAL IMPACT: The cost to design, fabricate and install the mosaic mural art piece is $40,000.
These funds are available in our Public Art Fee Fund.
ATTACHMENTS: Proposal and cost estimate
AGREEMENT BETWEEN THE CITY OF TEMECULA
AND CAROLE CHOUCAIR OUEIJAN FOR THE
CREATION, SALE AND ASSIGNMENT OF ALL
RIGHTS IN ARTWORK COMMISSIONED FOR THE
TEMECULA CIVIC CENTER
THIS AGREEMENTFOR CREATION AND SALE AND ASSIGNMENT OF
ALL RIGHTS IN ARTISTIC ARTWORK (the "Agreement") is made and entered
into as of this 26th of May, 2009, by and between Carole Choucair Oueijan, an
individual ("Artist") and the City of Temecula
RECITALS
A. The City of Temecula ("City") is in the process of constructing the
new City of Temecula Civic Center.
B. The City desires to commission Artist to create a work of art
consisting of a mosaic mural entitled "The Emigrant Trail" ("Artwork") for the new
Civic Center.
C. Artist represents that she is fully qualified to perform such
professional services by virtue of her experience, training, education and
expertise. Artist further represents that she is willing to accept responsibility for
performing such services in accordance with the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the
mutual obligations, covenants and conditions hereinafter set forth, and other
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
Section 1. Compensation. City agrees to pay Artist a total amount of
Forty Thousand dollars ($40,000.00) for the Artwork described in the Scope of
Services as provided in Exhibit A, attached hereto and incorporated herein as
though set forth in full, in accordance with the payment rates and terms and the
schedule of payment as set forth in Exhibit B ("Payment Rates and Schedule"),
attached hereto and incorporated herein as though set forth in full. Upon
payment, Artist will sign a written acknowledgment of receipt of said monies and
such document shall be incorporated in this Agreement.
Section 2. Artist's Services.
A. Scope of Services. Subject to the terms and conditions set
forth in this Agreement, Artist shall perform the services identified and produce
the Artwork required in the Scope of Services. City shall have the right to
request, in writing, changes in the Scope of Services as provided in Exhibit A,
1-
attached hereto and incorporated herein as though set forth in full,. Any changes
mutually agreed upon by the parties, and any increase or decrease in
compensation, shall be incorporated by written amendments to this Agreement.
B. Time for Performance. Artist agrees to commence creation
of the Artwork prior to June 1, 2009 and shall complete the Artwork no later than
June 31, 2010, unless extended by the Director of Community Services.
Installation is anticipated to occur in the summer of 2010. Exact installation
dates will be scheduled with the artist by the Construction Manager.
C. Standard of Performance. Artist shall perform all services in
the Scope of Services required under this Agreement to the highest professional
standards and in a manner reasonably satisfactory to City. Artist shall comply
with all applicable federal, state and local laws, ordinances, codes and
regulations.
Section 3. Transfer of Rights of Reproduction. Artist hereby
transfers all rights of reproduction, as that term is defined in California Civil Code
Section 982, in the Artwork, including but not limited to the right to claim statutory
copyright in the Artwork and the right to reproduce the Artwork in any manner
whatsoever for commercial and non-commercial purposes to City. Hereinafter,
Artist shall not acquire or claim any rights in or to the Artwork, any uses,
reproductions or derivatives thereof or any proceeds therefrom.
Section 4. Transfer of Certain Artistic Rights. As part of the payment
for the design, creation, fabrication and installation of the Artwork, Artist hereby
conveys to City the Artwork as well as the design, concept, and images of the
Artwork, and further conveys any and all other rights and interests Artist may
have in the Artwork. Artist acknowledges and agrees that Artist has no further
rights in the design, concept and images of the Artwork except as may be
granted in writing by City by a separate written document. Artist hereby
authorizes City to use the Artwork for any purposes, and further consents to and
agrees that City shall have the right to relocate the Artwork, without further notice
to or consent of the Artist. Artist also hereby consents to and authorizes the
destruction of any of the Artwork which, in the sole opinion of the City Manager,
has become damaged by any cause, without further notice to or consent of the
Artist. Artist hereby waives his or her rights in the Artwork under California Civil
Code Sections 438.2 et seq., 980 et seq., and 17 U.S.C. §101 et seq.
Section 5. Waiver of Moral Rights. Artist hereby waives, releases and
disclaims any rights, demands or claims as may arise at any time and under any
circumstances against City, its officers, employees, agents, successors and
assigns arising under the federal Visual Artists Rights Act (17 U.S.C. 106A
and 113(d)}, the California Art Preservation Act (Cal. Civil Code § 987 et seq.),
and any other local, state, federal or international laws that convey rights of the
same nature as those conveyed under 17 U.S.C. section 106A, California Civil
-2-
Code section 987 et seq., or any other type of moral right protecting the integrity
of a work of art. Artist acknowledges and agrees that City, in it sole and
exclusive discretion, may, among other acts, temporarily or permanently modify,
alter, change or destroy the Artwork. City agrees that prior to any proposed
destruction of the Artwork, Artist shall be provided with a reasonable opportunity
to reclaim possession of the Artwork.
Section 6. Copyrights. Artist hereby irrevocably assigns exclusively to
City, and its successors and assigns, all right, title and interest in the copyright in
the Artwork, and all extensions and renewals thereof in the United States and in
all foreign countries. Artist hereby waives all moral rights relating to the Artwork
including, but not limited to, any and all rights of identification of authorship and
any and all rights of approval, restriction or limitation on use or subsequent
modifications. From time to time upon the request of City, Artist shall confirm
such assignment by execution and delivery of such assignments, confirmations
of assignment, or other written instruments as City may request. City, shall have
the right to obtain and hold in its or their own name(s) all copyright registrations
and other evidence of rights that may be available for each such Artwork.
Section 7. City's Sole and Exclusive Ownership Rights. The Artist shall
not retain ownership of or any right, title or interest in any of the Artwork,
including, but not limited to, any related trademarks, copyrights, or other
proprietary rights. The parties agree that the Artwork and all such rights, title and
interest in or to the Artwork belong to and are being sold and assigned in its
entirety to City for whatever use it desires, and that City does and shall at all
times own, solely and exclusively, complete and unencumbered, all right, title
and interest in and to all of the Artwork worldwide, any modifications thereto and
any derivative Artwork based thereon (including, but not limited to, all patent,
copyright, trademark, service mark and trade secret rights). Nothing contained
herein shall be deemed to constitute a mere license or franchise in City. The
parties further agree that City will be free to use, modify, distribute, sell, license
or otherwise exploit all such Artwork and any modifications to or derivative
Artwork based thereon without any restrictions or limitations or any obligations or
payments to Artist and that Artist shall have no such rights.
Section 8. Originality of Artwork. Artist represents and warrants that (i)
the Artwork is and will be original; (ii) at the time of transfer hereunder, Artist is
the sole owner of the Artwork and of all rights therein including copyright,
trademark and other proprietary rights therein; (iii) Artist is and will be the sole
creator of the Artwork; (iv) Artist has and will have full and sufficient right to
assign all rights granted herein and to waive all rights relinquished
herein;(v) Artist is not under any obligation to transfer or sell the Artwork to any
third party; (vi) the Artwork has not been and will not be published under
circumstances which have or will cause a loss of any copyright, trademark or
other proprietary rights therein; and (vii) the Artwork does not and will not infringe
any patent, copyright, trademark or other proprietary rights, privacy rights or
-3-
other rights of any third party, nor has any claim (whether or not embodied in a
legal action, past or present) of such infringement been threatened or asserted,
nor is such a claim pending, against Artist (or, insofar as Artist is aware, against
any entity from which Artist has obtained any rights).
Section 9. Maintenance and Warranty of Artwork.
A. Artist shall provide City with a description of a recommended
routine maintenance program for the Artwork.
B. Artist hereby warrants that the Artwork will be free of defects
in workmanship (due to faulty design or fabrication), materials and finish,
including inherent vice, and that the Artist will, at the Artist's own expense,
remedy, repair or replace any such defects in workmanship, materials and finish,
including inherent vice, and if necessary, replace the Artwork, which appear
within a period of twenty (20) years of the date the Artwork is completed.
"Inherent Vice" shall mean a quality within the material or materials which
comprise the Artwork which, either alone or in combination, results in the
tendency of the Artwork, including without limitation the finish, to deteriorate.
Section 10. Risk of Loss. Artist bears the sole risk of damage to or loss
of all Artwork to be produced by Artist pursuant to this Agreement until such
Artwork are delivered to City and City accepts such Artwork as satisfactorily
completed pursuant to Exhibit A.
Section 11. Indemnification.
A. To the full extent permitted by law, Artist shall indemnify,
hold harmless and defend City, its elected officials, officers, agents, employees,
attorneys, servants, volunteers, successors and assigns from and against any
and all claims, demands, causes of action, liability, losses, costs or expenses for
any damage due to death or injury to any person and injury to any property
resulting from any alleged intentional, reckless, negligent or otherwise wrongful
acts, errors or omissions of Artist or any of his volunteers or any other person or
entity involved by, for, with or on behalf of Artiest in the performance of this
Agreement. Such costs and expenses shall include reasonable attorneys' fees
incurred by counsel of City's choice.
The parties understand and agree that the duty of Artist to
indemnify and hold harmless includes the duty to defend as set forth in Section
2778 of the California Civil Code.
B. Artist, on behalf of himself and his heirs, executors,
administrators and assigns, hereby releases, discharges and agrees not to sue
the City of Temecula, its agents, officers, servants and employees, for any injury,
death or damage to or loss of personal property arising out of, or in connection
-4-
with Artist's performance of services pursuant to this Agreement, from whatever
cause, including the active or passive negligence of the City of Temecula.
C. Artist's obligations under this or any other provision of this
Agreement will not be limited by the provisions of any workers compensation act
or similar act. Artist expressly waives its statutory immunity under such statutes
or laws as to City, its officers, agents, employees and volunteers.
D. City does not, and shall not, waive any rights that it may
possess against Artist because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate. This hold harmless and
indemnification provision shall apply regardless of whether or not any insurance
policies are determined to be applicable to the claim, demand, damage, liability,
loss, cost or expense. Artist agrees that Artist's covenant under this Section
shall survive the termination of this Agreement.
E. Artist agrees to pay all required taxes on amounts paid to
Artist under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by
reason of the independent contractor relationship created by this Agreement.
Artist shall fully comply with the workers' compensation laws applicable to Artist
and/or Artist's volunteers. Artist further agrees to indemnify and hold City
harmless from any failure of Artist to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any
fees due to Artist under this Agreement any amount due to City from Artist as a
result of Artist's failure to promptly pay to City any reimbursement or
indemnification arising under this Section.
Section 12. Notices. Any notice, demand or document which any party
is required or may desire to give or deliver to the other hereunder, shall be in
writing and may be delivered personally or given by United States mail, certified,
return receipt requested, postage prepaid, addressed as follows:
To Artist: Carole Choucair Oueijan
2751 Lempa, Drive
Hacienda Heights, CA 91745
To City:
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
Attention: Director of Community Services
Either party shall have the right to designate a different address by written
notice similarly given. Any notice, demand or documents to be given, delivered
or made by United States mail shall be deemed to have been given or delivered
5-
or made two (2) days after the day on which the same is postmarked by the
United States mail, addressed as above provided, with postage thereon fully
prepaid. City assumes no responsibility to search for Artist if it cannot be
reached at the address of record.
Section 13. Severability. Wherever possible, each provision of this
Agreement shall be interpreted in such a manner as to be valid under applicable
law. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force and effect.
Section 14. Headings. The caption headings of the various sections and
paragraphs of this Agreement are for convenience and identification only and
shall not be deemed to limit, expand or define the contents of the respective
sections or paragraphs.
Section 15. Attorneys' Fees. In the event either party shall commence
any action against the other party relating to this Agreement or for the breach of
any obligation contained herein, the prevailing party shall be entitled to recover
from the losing party reasonable attorneys' fees, expenses, and court costs.
Section 16. Prohibition Against Assignment. ment. Artist shall not delegate,
transfer, subcontract or assign his duties or rights hereunder, either in whole or in
part, without City's prior written consent, and any attempt to do so shall be void
and of no effect. City shall not be obligated or liable under this Agreement to any
party other than Artist.
Section 17. Governing Law; Jurisdiction. City and Artist understand and
agree that the laws of the State of California shall govern the rights, obligations,
duties and liabilities of the parties to this Agreement and also govern the
interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing
party, as determined by the Court's judgment, shall be entitled to reasonable
attorney fees and litigation expenses for the relief granted.
Section 18. Successors and Assigns. The terms of this Agreement shall
be binding upon and inure to the benefit of the respective heirs, successors in
interest and assigns of the parties hereto.
Section 19. Survival of Certain Provisions. The provisions of Sections 3,
4, 5, 6, 7, 8, 9, and 11 shall survive the expiration or earlier termination of this
Agreement.
-6-
Section 20. Entire Agreement. This Agreement represents the entire
integrated agreement between City and Artist, and supersedes all prior
negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by a written instrument signed by both City
and Artist.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
CITY OF TEMECULA:
By:
Maryann Edwards, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
ARTIST:
By:
(Signature)
NAME:
TITLE:
(Printed Name)
Name of Contact Person or Company
Mailing Address of Company
Telephone of Company
Facsimile of Company
7-
EXHIBIT A
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
8-
EXHIBIT B
PAYMENT RATES AND SCHEDULE
-9-
Carole Choucair ouei.jan
April 19, 2009
Original Mosaics and Oils
City of Temecula
Attention: Mr. Martin Betz
Cultural Arts Administrator
Community Service Department
City of Temecula
Subject: Proposal for a mosaic mural titled "The Emigrant Trail"
Location: New Civic Center, Temecula, CA 92592
RE: Outdoor mosaic, (covered)
Size: Height: 7 feet
Width. 10 feet
Total S.F. = 70
Description: - A mosaic scene of the emigrants passing in Temecula. View of Temecula
Valley and its mountains in the background. The trail will have the historical
Cover Wagons, people walking and different animals that they had.
Bas relief effects in the frame that will give the impression of a real painting with its 3D
frame.
- The frame will have a dark color (most probably burgundy, color of wine) with the use of
24 Karat Gold smalti of all the figures (Indian, Spanish and battalion), the latest carriage
that ended the period of the Emigrant trail and tools that they used to use. (All taken from
the museum)
- The mosaic should be soft when touched with no sharp edges as kids and people might
touch it.
Suggested Materials:
- Use of 24 Karat Gold smalti to remember The Gold Rush Era
Use of Temecula Granite reminder of The Historic Granite Quarry
Italian and Mexican Smalti
Venetian iridescent tile and other material that are for outside use.
Natural stone as granite, marble, travertine etc.
Total cost
$ 40,000.00
10 % Cost for design, enlargement and watercolor:
40 % Once the colored design is approved
50% After completion and installation
$4,000.00
$ 16,000.00
$ 20,000.00
Time for design, enlargement and watercolor: 6 weeks
Time for completion: 15 to 16 months (After the approval of the design, and watercolor)
If you have any questions, please feel free to call: 626-290-0315 or 626-961-2291
Thank you for your interest.
Carole Choucair Oueijan
2751 Rio Lempa Drive Hacienda Heights, CA 91745 Cell: 626-290-0315
www.FineArtbvCarole.com
ITEM NO. 6
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Richardson, City Planner
DATE: May 26, 2009
SUBJECT: Approval of a Purchase and Sale Agreement and Escrow Instructions between the
City of Temecula and JHC Temecula Reflections LLC, for the conveyance of 11
affordable housing units located within the Temecula Lane development
RECOMMENDATION: That the City Council
1. Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND JHC
TEMECULA REFLECTIONS LLC, AN AFFILIATE OF JAMBOREE
HOUSING CORPORATION, FOR THE SALE OF 11 UNITS AT THE
TEMECULA LANE PROJECT FOR AFFORDABLE HOUSING
BACKGROUND: The Temecula Lane Project is located along the south side of Loma
Linda Road and the east side of Temecula Lane. The project totals 428 units in three
neighborhoods: Bungalows - 96 single-family homes, Enclave - 96 units in 32 tri-plex buildings and
Reflections - 236 units in 59 four-plex buildings.
The Temecula Municipal Code allows residential development in the Professional Office Zone only if
a project includes affordable housing. The type and amount of affordable housing is not defined in
the Code, so the amount was negotiated with the developer. With Temecula Lane, DR Horton
agreed to restrict 20 percent, or 86 units, for purchase by households earning no more than
moderate income. These units were to be located in the Reflections project.
City Council approved the Temecula Lane project at its March 21, 2006 meeting. I n January 2008,
DR Horton expressed concerns over its ability to find qualified households for the 86 units. Given
the slow down in the housing market and the credit crisis, the developer had found it difficult, if not
impossible, to find buyers for the affordable units who met the income and credit requirements.
Further, the few market rate units that were selling had been reduced in price to a cost comparable
to the moderate units. The maximum sales price for the moderate units was set at $197,000.
To better meet the future requirements of the City's Housing Element, DR Horton proposed to
replace the 86 moderate income units with 11 very low income units. These units would be
conveyed to the City at no cost. The City would then concurrently convey these units to a non-profit
affordable housing developer. The non-profit affordable housing developerwould own and manage
the units, through a 55-year agreement with the City, restricting the units as very low income rental
units. On December 17, 2008, the Planning Commission approved an amendment to the
Conditions of Approval for the Temecula Lane Project replacing the 86 moderate units with 11 very
low units. The Planning Commission's approval was upheld by the City Council at its January 13,
2009 meeting.
On January 16, 2009 a Request for Proposals (RFP) was released to solicit submittals for
conveyance of, and subsequent management and maintenance of, the11 affordable units. Six
submittals were delivered and all six were interviewed.
The six applicants were
1. Jamboree Housing Corporation
2. Hitzke Development Corporation
3. Affirmed Housing Corporation
4. Riverside County Housing Authority
5. Mary Erickson Community Housing
6. Civic Center Barrio Housing Corporation
On April 14, 2009 the City Council authorized the City Manager to negotiate a Purchase and Sale
Agreement and Escrow Instructions with JHC Temecula Reflections LLC, an affiliate of Jamboree
Housing Corporation, based on their demonstrated experience, financial strength, and proposal to
purchase all 11 units for a total of $200,000.
The purchase price of $200,000 for all 11 units offered by Jamboree Housing Corporation, via its
affiliate JHC Temecula Reflections LLC, to the City of Temecula is not less than fair market value of
the units given the housing market and the restrictions imposed by the Regulatory Agreement
defined in the Purchase and Sale Agreement on the use of the 11 units for affordable housing
purposes. Keyser Marston Associates has analyzed the Fair Market Value of each unit factoring for
the restrictions placed upon them by the Regulatory Agreement and has determined that the 11 units
have a current market value of $177,000.
The terms of the Purchase and Sale Agreement and Escrow Instructions which includes the
Regulatory Agreement places restrictions on all 11 units requiring them to be rented at the very low
income level as defined by California Health and Safety Code 50105 for the term of 55 years.
AGENCY INVOLVEMENT: The Temecula Redevelopment Agency will have an annual monitoring
obligation to verify that the terms of the Regulatory Agreement are being satisfied.
FISCAL IMPACT: The City of Temecula will receive the purchase price of $200,000 for
the sale of the 11 units to JHC Temecula Reflections LLC, an affiliate of Jamboree Housing
Corporation.
ATTACHMENTS: Resolution
Purchase and Sale Agreement and Escrow Instructions between
JHC Temecula Reflections LLC and the City of Temecula
Keyser Marston Associates Fair Market Value Analysis
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" BETWEEN THE CITY OF
TEMECULA AND JHC TEMECULA REFLECTIONS LLC, AN
AFFILIATE OF JAMBOREE HOUSING CORPORATION, FOR
THE SALE OF 11 UNITS AT THE TEMECULA LANE PROJECT
FOR AFFORDABLE HOUSING
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE
AS FOLLOWS:
Findings.
On January 9, 2009, the City Council adopted Resolution No. 09-03 accepting the
conveyance of 11 units at the Temecula Lane Project in order to effectuate the City's affordable
housing goals of the General Plan and the requirements of Temecula Municipal Code Section
17.08.030. The City is in escrow to acquire these units.
Resolution No. 09-03 also authorized and directed the City Manager to initiate a
process for the selection of a qualified affordable housing developer and to negotiate a purchase
and sale agreement with the affordable housing developer selected providing for the conveyance
of the Units for housing affordable to persons of lower or very low income households as defined
in the Health and Safety Code Sections 50079.5 and 50105. The City Manager has completed
this process.
The proposal from Jamboree Housing Corporation, and its JHC Temecula
Reflections LLC, provides the best mix of affordable housing experience, financial ability, and
purchase price to enable the City to best utilize the 11 units at the Temecula Lane Project being
conveyed to it in order to meet its affordable housing goals under the City's General Plan and
Temecula Municipal Code Section 17.08.030.
The purchase price to be paid by Jamboree Housing Corporation, and its affiliate
JHC Temecula Reflections LLC, pursuant to the Purchase and Sale Agreement for the 11 units is
not less that the fair market value of the units given the housing market and restrictions imposed
by the City on the use of said units for affordable housing purposes by the Regulatory Agreement
described in the Purchase and Sale Agreement.
Approval of Purchase and Sale Agreement. The City Council of the City
of Temecula hereby approves that certain agreement entitled "PURCHASE AND SALE
AGREEMENT AND ESCROW INSTRUCTIONS" by and between JHC TEMECULA
REFLECTIONS LLC, a California limited liability company, and the City Of Temecula" (the
"Agreement"), with such changes in the Agreement as may be mutually agreed upon by JHC
TEMECULA REFLECTIONS LLC and City Manager as are in substantial conformance with
the form of such Agreement on file in the Office of the City Clerk. The Mayor is hereby
authorized to execute the Agreement, on behalf of the City. A copy of the final Agreement when
executed by the Mayor shall be placed on file in the Office of the City Clerk.
Citv Manager's Authority. The City Manager (or his designee), is hereby
authorized, on behalf of the City, to take all actions necessary and convenient to carry out and
implement the Agreement, and to administer the City's obligations, responsibilities and duties to
be performed under the said Agreement., including but not limited to, approval and execution on
behalf of the City of the such implementing agreements, regulatory agreement, grant deeds,
acceptances, escrow instructions, certificates, estoppel letters, and other similar agreements and
documents as contemplated by or described in the Agreement or as necessary and convenient to
implement the Agreement.
Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of May, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. - was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (the
"Agreement") is dated as of May 26, 2009 (the "Effective Date") and is entered into by and
between the CITY OF TEMECULA, a California municipal corporation (the "Seller"), and JHC
TEMECULA REFLECTIONS LLC, a California limited liability company (the "Buyer").
RECITALS
A. Seller desires to sell to Buyer, and Buyer desires to purchase from Seller that certain land
situated in the City of Temecula, County of Riverside, State of California, more particularly
described on Exhibit "A" attached hereto and made a part hereof (the "Land"), together with all
improvements and fixtures thereon and all personal property necessary or convenient for the use,
maintenance or operation of such improvements and fixtures, including keys, garage door
openers, as-built plans and operation manuals for installed appliances that are in the possession
of Seller (collectively, the "Property").
B. Seller is acquiring the Property from Continental Residential, Inc. ("Horton")
substantially concurrently with the sale of the Property to Buyer, and Seller's obligations
hereunder are conditioned upon, among other things, Buyer's acquisition of the Property from
Seller. The parties acknowledge that the escrow between Seller and Horton shall be used to
close the transaction described herein. Horton has previously constructed single family
residences which are part of the Property, and Horton agreed to give Seller a limited warranty
with respect to such homes that can be assigned to and enforced by Buyer. The foregoing is
reflected in a Purchase and Sale Agreement and Escrow Instructions between Seller and Horton
dated February 19, 2009 (the "Horton Sale Agreement"), a copy of which has been delivered to
Buyer.
NOW, THEREFORE, in consideration of the terms and conditions of this Agreement and other
valuable consideration, the sufficiency of which is hereby acknowledged, the Buyer and Seller
agree as follows:
1. Purchase and Sale. Subject to and in accordance with the terms and conditions
hereinafter set forth, Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the
Property from Seller.
2. Opening and Closing of Escrow. An escrow (the "Escrow") has been opened
with Lawyers Title Company (the "Escrow Holder"), 1920 Main St., Suite 500, Irvine, CA
92614, Attn: Kelly Rainwater, Escrow Officer, Phone: (949) 223-5549; Email:
kellyrainwater@landam.com. The Escrow number is 5212073. For the purposes of this
Agreement, the "Close of Escrow" shall be the date that a grant deed for the Property in favor of
Buyer is recorded in the Official Records of the Riverside County Recorder's Office. The Close
of Escrow shall occur on the Closing Date set forth in the Horton Sale Agreement which the
parties estimated to be on or before June 19, 2009 (the "Closing Date"), provided that the
11086-0111\1135727v3.doc
Closing Date shall not occur in any event before five (5) business days after the expiration of the
Due Diligence Period (as such term is defined below).
3. Purchase Price. Buyer shall pay the sum of Two Hundred Thousand and No/100
Dollars ($200,000.00) to Buyer as the purchase price for the Property (the "Purchase Price")
through Escrow at the Close of Escrow.
4. [INTENTIONALLY DELETED]
5. Title and Title Insurance; Property Documents, Due Diligence
(a) Buyer acknowledges that, Seller has delivered to Buyer a preliminary
report for the Property from Title Company together with copies of all instruments noted as
exceptions therein (collectively, the "Preliminary Title Report") and Buyer has no obligation to
any of the matters described in the Preliminary Title Report and has elected not to perform an
ALTA survey of the Property.
(b) Buyer's fee title to the Property shall be insured at the Close of Escrow by
an CLTA Standard Coverage Owner's Policy of Title Insurance in the amount of $2,212,045.00,
issued by Title Company (unless, at the option of Buyer, the title shall be insured by an ALTA
Extended Coverage Owner's Policy of Title Insurance at Buyer's sole cost) (the "Title Policy").
The Title Policy shall insure Buyer's fee interest in the Property free and clear of all liens,
encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted
conditions of title (the "Permitted Title Exceptions"):
(i) Real property taxes for the then current tax fiscal year which are a
lien not then due and payable;
(ii) The applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Property; and
(iii) Those title exceptions approved or deemed approved by Buyer as
described in Section 5(a) above.
(c) Seller shall not encumber, sell or transfer, or agree to encumber, sell or
transfer, the Property or any portion thereof or interest therein to any other party during the
period from the Effective Date to the earlier of the Close of Escrow or the date of the termination
of this Agreement, except for the transfer of the Property from Horton to Seller as contemplated
in the Recitals of this Agreement.
(d) Buyer shall have up to and including eighteen (18) days from the Effective
Date (the "Due Diligence Period") to conduct due diligence and feasibility review with respect to
the Property and to satisfy itself with respect to all matters relating to the Property, including,
without limitation, its physical condition. In the event that on or prior to the end of the Due
Diligence Period Buyer determines that the Property is not acceptable (in Buyer's sole and
absolute discretion), Buyer shall give written notice thereof to Seller prior to the end of the Due
Diligence Period, in which event this Agreement shall terminate. If Buyer fails to give such
notice on or before expiration of the Due Diligence Period, this due diligence and feasibility
11086-011 1\11357270.doc -2-
contingency shall be deemed to have been disapproved by Buyer, this Agreement shall be
automatically terminated.
(e) Within five (5) days after the Effective Date, Seller shall deliver to Buyer
any and all operating files, agreements, books and records in the possession of Seller (or Horton,
if Seller has access to such documents under the Horton Sale Agreement), or otherwise in the
possession or control of Seller in connection with the leasing, construction, names and contact
information of the management company of the owners' association, formation of the owners'
association, minutes or other operating documents of the owners' association, litigation or claims
involving the owners' association, most recent budgets and financial statements of the owners'
association, maintenance and/or management of the Property, including, without limitation,
permits and approvals, rent rolls, financial and operating statements, construction contracts,
environmental audits, inspection reports and studies, improvement or financial districts, service
contracts, plans and specifications, pest control reports, warranties and guaranties, inventories of
personal property, bills, invoices, receipts and other general records relating to the income and
expenses of the Property. Further, Seller will request any such documentation set forth above
from Horton to the extent Seller does not have such documentation in its possession.
(f) During the Due Diligence Period, and upon twenty-four (24) hours prior
notice to Seller and Horton (unless the Property has already been acquired by Seller, in which
case Buyer need only notify Seller), as the case may be, Buyer shall be entitled to access the
Property to conduct such investigations, tests, surveys and other analyses as Buyer determines is
necessary, provided (a) Buyer shall not do any invasive testing, sampling or drilling at the
Property without first obtaining Seller's prior written consent, (b) Buyer shall conduct such tests
or investigations so as not to unreasonably interfere with current activities or tenants on the
Property, if any, and (c) Buyer shall promptly restore the Property to substantially the same
condition which existed prior to any such investigations, tests, surveys and other analyses, at
Buyer's sole cost and expense. Buyer shall defend, indemnify and hold Seller harmless from and
against any and all claims, losses, liabilities, costs, damages and expenses arising from Buyer's
inspections.
6. Deposit of Documents and Funds in Escrow.
(a) Seller and Buyer, as applicable, hereby covenant and agree to deliver to
Escrow Holder at least one (1) business day prior to the Close of Escrow the following
instruments, documents, and funds, the delivery of each of which shall be a condition of the
Close of Escrow.
(b) Seller shall deliver:
(i) a duly executed and acknowledged Grant Deed in the form
attached as Exhibit "B" attached hereto (the "Grant Deed") conveying the Property to Buyer,
subject only to the Permitted Title Exceptions;
(ii) Such funds as are required to pay for charges payable by Seller
hereunder (as shown on Escrow Company's preliminary settlement statement);
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(iii) An assignment of the limited warranty described in the Horton
Sale Agreement (and in Section 14 below);
(iv) A counterpart original of a Regulatory Agreement in the form
attached hereto as Exhibit "C" duly executed and acknowledged by Seller; and
(v) A counterpart original of a Notice of Affordability Restrictions, in
statutory form, duly executed and acknowledged by Seller (the "Notice").
(c) Buyer shall deliver:
(i) The Purchase Price;
(ii) Such additional funds as may be required to pay for charges
payable by Buyer hereunder (as shown on the Escrow Company's preliminary settlement
statement);
(iii) A counterpart original of the Regulatory Agreement, duly executed
and acknowledged by Buyer; and
(iv) A counterpart original of the Notice, duly executed and
acknowledged by Buyer.
7. Authorization to Record Documents and Disburse Funds. Escrow Holder is
hereby authorized to record the Grant Deed, Regulatory Agreement [and Notice] and disburse
the funds and distribute the documents called for hereunder upon the Close of Escrow, provided
each of the following conditions has then been fulfilled:
(a) The Seller shall have acquired the Property from Horton and the Title
Company can issue in favor of Buyer the Title Policy, showing fee title to the Property vested in
Buyer, subject only to the Permitted Title Exceptions.
(b) Seller and Buyer shall have deposited in Escrow the documents and funds
required pursuant to Section 6 above.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of
Escrow any instrument delivered through Escrow if necessary or proper for the issuance of the
Title Policy.
8. Escrow Charges and Prorations.
(a) Buyer shall pay (i) one-half (1/z) of all the fees and charges of Escrow
Holder, (ii) the cost of the premium for any ALTA extended coverage under the Title Policy, (iii)
all documentary or other local transfer taxes on the transfer of the Property (if any); and (iv)
Buyer's share of the charges prorated under this Agreement. If the Escrow shall fail to close for
any reason other than Buyer's or Seller's default, Buyer shall pay one-half (1/2) of any
applicable Escrow cancellation charges. If the Escrow shall fail to close due to Buyer's default,
Buyer will pay all Escrow cancellation charges.
11086-0111\1135727v3.doc -4-
(b) Seller shall pay (or shall cause Horton to pay) (i) one-half (1/z) of all the
fees and charges of Escrow Holder, (ii) the cost of the premium for the standard owner's
coverage for the Title Policy; and (iii) Seller's share of the charges prorated under this
Agreement. If the Escrow shall fail to close for any reason other than Seller's or Buyer's default,
Seller shall pay (or shall cause Horton to pay) one-half (1/2) of any applicable Escrow
cancellation charges. If the Escrow shall fail to close due to Seller's default, Seller shall pay all
Escrow cancellation charges.
(c) Any and all taxes and assessments, including, but not limited to, owners'
association dues and assessments, shall be apportioned and prorated with respect to the Property
as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with
title to the Property during the entire day upon which the Close of Escrow occurs. (If taxes and
assessments for the current year have not been paid before the Close of Escrow, Seller shall be
charged at the Close of Escrow an amount equal to that portion of such taxes and assessments
which relates to the period before the Close of Escrow and Buyer shall pay the taxes and
assessments prior to their becoming delinquent unless such is paid by Horton.) Any such
apportionment made with respect to a tax year for which the tax rate or assessed valuation, or
both, have not yet been fixed shall be based upon the tax rate and/or assessed valuation last
fixed. To the extent that the actual taxes and assessments for the current year differ from the
amount apportioned at the Close of Escrow, the parties shall make all necessary adjustments by
appropriate payments between themselves following the Close of Escrow. All delinquent taxes
and assessments, including, but limited to, owners' association dues and assessments, (and any
penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property shall be
paid by Seller.
(d) All prorations shall be determined on the basis of a 360 day year. The
provisions of this Section shall survive the Close of Escrow.
9. Representations and Warranties of Buyer.
(a) Representations and Warranties of Buyer. Buyer hereby represents and
warrants to Seller the following, it being expressly understood and agreed that all such
representations and warranties are to be true and correct at the date of this Agreement and as of
the Close of Escrow:
(i) Buyer has reviewed and approved the Horton Sale Agreement
(including the limited warranties set forth therein).
(ii) Buyer has the full power and authority to enter into this Agreement
and consummate the transactions contemplated hereby. The execution, delivery and
performance of this Agreement has been duly and validly authorized by Buyer, and no other
action by Buyer is requisite to the valid and binding execution, delivery, and performance of this
Agreement by Buyer.
(iii) Buyer shall conduct its own investigations and studies of the
Property as it deems necessary or appropriate to determine the presence or absence of hazardous
materials on or within the Property. Buyer for itself and its agents, representatives, officers,
11086-0111\1135727v3.doc -5-
employees, members, managers, partners, affiliates, contractors and licensees and its and their
successors and assigns hereby (a) agrees that Buyer is relying solely on its own investigation of
the Property covering the effect of any hazardous materials that may be on or within the
Property, whether disclosed by such investigations or not (collectively, the "Hazardous Materials
Effects") and (b) assumes the risk of any and all liabilities, claims, demands, suits, judgments,
losses, damages, expenses (including, without limitation, attorneys' fees) and other obligations
arising out of or incurred in connection with the Hazardous Materials Effects, if any.
(b) Representations and Warranties of Seller. The following representation
and warranty is made by Seller as of the date of this Agreement and as of the Close of Escrow:
(i) Seller has disclosed to Buyer all material facts relating to the
Property that are actually known to Seller; and
(ii) Seller has the full power and authority to enter into this Agreement
and consummate the transactions contemplated hereby. The execution, delivery and
performance of this Agreement has been duly and validly authorized by Seller, and no other
action by Seller is requisite to the valid and binding execution, delivery, and performance of this
Agreement by Seller.
If Seller becomes aware of any fact or circumstance which would change or render incorrect, in
whole or in part, any representation or warranty made by Seller under this Agreement, whether
as of the date given or any time thereafter through the Closing Date and whether or not such
representation or warranty was based upon Seller's knowledge as of a certain date, Seller will
give prompt written notice of such changed fact or circumstance to Buyer and Buyer shall then
have the right, as its sole remedy, to terminate this Agreement by giving prompt written notice to
Seller prior to the Close of Escrow. The representations and warranties are made by Seller and
Buyer in this Section 9 shall survive the Close of Escrow.
10. Buyer's Conditions. Buyer's obligations under this Agreement are expressly
made subject to the following conditions precedent solely for the benefit of Buyer. The Close of
Escrow and Buyer's obligation to consummate the purchase of Property shall be contingent upon
and subject to written notice to Escrow Holder by Buyer of the occurrence of all of the following
(or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such
contingencies) on or before the Close of Escrow:
(a) Buyer's obtaining a irrevocable commitment issued by Title Company to
issue the Title Policy, subject only to the Permitted Title Exceptions, and being otherwise in
accordance with the provisions of Section 5 of this Agreement, and expressly insuring against
the claims of any persons in possession of all or any part of the Property and the claims of any
mechanics or materialmen.
(b) Seller has obtained and delivered an estoppel certificate from the
applicable owner's association (the "HOA") certifying that the Property, Seller and Horton (as
owners of the Property) are not in default under any obligations under any conditions, covenants
or restrictions to which the Property is obligated and that all assessments against the Property
from such HOA have been paid in full.
11086-0111\1135727v3.doc -6-
(c) Seller's delivery of all documents and funds required to be delivered by
Seller pursuant to Section 6 hereof.
(d) Buyer's inspection and approval of the condition of the Property before
the expiration of the Due Diligence Period pursuant to Section 5 above.
(e) Seller's delivery of possession of all personal property included in the
Property.
(f) That as of the Close of Escrow the representations and warranties of Seller
contained in this Agreement are all either true and correct in all material respects, or, to the
extent that is not the case, have been waived in writing by Buyer.
If any of the foregoing conditions precedent has not been either met to Buyer's sole satisfaction
or expressly waived in writing by Buyer on or prior to the Close of Escrow, then Buyer shall
have the right to terminate this Agreement, in which event, unless the failure of such contingency
is an event of default by Seller, neither party shall have any further rights, duties and obligations
hereunder.
11. Seller's Contingencies. For the benefit of Seller, the Close of Escrow and Seller's
obligation to consummate the sale of the Property shall be contingent upon and subject to written
notice to the Escrow Holder by Seller of the occurrence of all of the following (or Seller's
written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or
before the Close of Escrow:
(a) Seller's acquisition of the Property from Horton.
(b) Buyer's delivery of all documents required to be delivered by Buyer
pursuant to Section 6 hereof.
(c) That as of the Close of Escrow the representations and warranties of Buyer
contained in this Agreement are all either true and correct in all material respects, or, to the
extent that is not the case, have been waived in writing by Seller.
12. Condemnation; Destruction. All risk of loss with respect to the Property shall
remain with Seller until the Close of Escrow. If at any time prior to the Close of Escrow, the
Property, or any portion thereof, is damaged by fire or other casualty or taken or appropriated
through eminent domain or similar proceedings, or is condemned for any public or quasi-public
use, Buyer may terminate this Agreement. If Buyer terminates this Agreement, Seller shall be
entitled to receive all insurance proceeds payable to Seller or all condemnation proceeds actually
paid for that portion of the property taken. If Buyer elects to maintain this Agreement in full
force and effect, Buyer shall be entitled to receive all insurance proceeds payable to Seller or all
condemnation proceeds actually paid for that portion of the Property taken or, if such proceeds
have been paid to Seller, Buyer shall receive a credit against the Purchase Price equal to the
amount of such proceeds actually paid to Seller.
13. Default. In the event of a breach or default under this Agreement by Seller which
is not cured within ten (10) days after written notice of the default is given by Buyer to Seller,
11086-0111\1135727v3.doc -7-
Buyer shall have the right as its sole and exclusive remedy to either: (i) terminate this
Agreement and the Escrow for the purchase and sale of the Property by delivering written notice
thereof to Seller and to Escrow Holder and receive a sum equal to all reasonably documented
out-of-pocket costs relating to Buyer's negotiation, due diligence and performance under this
Agreement that are not payable to any affiliate of Buyer; or (ii) bring an action for specific
performance of this Agreement. In the event of a breach or default by Buyer that is not cured
within ten (10) days after written notice from Seller, Seller shall as its sole and exclusive remedy
have the right to terminate this Agreement and Escrow for the purchase and sale of the Property
by delivering written notice thereof to Buyer, in which case Seller shall have the right to sell
property on an unrestricted basis. The parties acknowledge and agree that the facts and
circumstances surrounding this particular transaction are unique and involve many factors
including the condition of the real estate market, the condition of the economy, the limitations on
financing available to affordable and other homebuyers, and other variable factors, As such, the
parties agree that monetary damages would be extremely difficult if not impossible to quantify
and inadequate to compensate either party for the default of the other party. For these reasons,
the parties hereby agree that the equitable remedies set forth in this Section are necessary to
compensate each party in the event of the other party's default, and that neither party shall be
liable to the other party in any event for any monetary damages for a failure to consummate the
purchase and sale contemplated under this Agreement.
BUYER'S INITIALS SELLER'S INITIALS
14. SB 800; Arbitration.
(a) Limited Warranty; Disclaimer of Implied Warranties. Buyer
acknowledges that Seller has delivered to Buyer samples of a homeowner's manual entitled
"Reflection Homeowner's Manual and Customer Care Guide" ("Homeowner's Manual"), which
contains Continental Residential, Inc.'s 10-4-1 Limited Warranty and certain manufacturer's
warranties and that the limited warranty that will be delivered by Horton to Seller at the Close of
Escrow will be in the form attached to the Horton Sale Agreement as Exhibit "D" ("Limited
Warranty"). Except for the Limited Warranty and any manufacturer's warranties delivered by
Horton to Seller (the "Warranties") or any representations or warranties expressly made in this
Agreement by Seller, Seller shall not deliver and does not make any other representations,
promises or warranties concerning the Property, including, without limitation, warranties of
merchantability, fitness for a particular purpose, quality of construction or otherwise, and to the
fullest extent permitted by law Buyer waives all implied warranties relating to the Property.
BUYER HAS READ AND UNDERSTANDS THE FOREGOING PROVISIONS
PERTAINING TO THE WARRANTIES AND ACKNOWLEDGES AND AGREES THAT
EXCEPT FOR THE LIMITED WARRANTY MADE BY SELLER AND THE
MANUFACTURER'S WARRANTIES DELIVERED BY SELLER, SELLER
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THAT THE PROPERTY WAS DESIGNED AND
CONSTRUCTED IN A REASONABLY WORKMANLIKE MANNER, FITNESS FOR A
PARTICULAR PURPOSE, AND MERCHANTABILITY.
11086-0111\1135727v3.doc -8-
Buyer's Initials Seller's Initials
(b) Claims Under California Civil Code Section 895 et seq. California Civil
Code Section 895 et seq. (the "Statute") establishes residential construction standards (the
"Standards") and provides mechanisms for resolution of claims of violations of these standards.
(i) SB 800 Booklet. Buyer acknowledges that a booklet containing
Sections 895 through 945.5 of the Civil Code ("SB 800 Booklet"), which includes the Statute has
been provided to Buyer by Seller. Buyer should read the Statute carefully and seek legal advice
if Buyer has any questions. By initialing below Buyer acknowledges that it has received and
initialed a copy of the SB 800 Booklet.
Buyer's Initials Seller's Initials
(ii) Notice of Claims. Buyer acknowledges that Buyer or Buyer's
successors or successors-in-interest (the "Claimant") claim that the Property or any residence
constructed thereon violates any of the Standards, Claimant must provide notice to Horton's
agent under Civil Code Section 912(e) and the Horton Sale Agreement. The name and address
of Horton's agent are available upon request from the California Secretary of State:
California Secretary of State
Special Filings
P.O. Box 942877
Sacramento, California 94277
or by telephone at (916) 653-3984
By initialing below, Buyer acknowledges and agrees that Seller has provided Buyer with access
to the name and address of the contact person for notice of any claimed violations of the
Standards.
Buyer's Initials Seller's Initials
(iii) Statutory Non-Adversarial Procedures. As provided in the Horton
Sale Agreement, Horton has elected to use the "non-adversarial procedures" which are set forth
in the Statute at Sections 910 through 938. According to the terms of the Statute, the non-
adversarial procedures will not apply if Horton does not, or cannot comply with the requirements
in the Statute. In such case, disputes will be resolved through mediation and, if that is not
successful, then arbitration as provided in the Horton Sale Agreement.
Buyer's Initials Seller's Initials
11086-0111\1135727v3.doc -9-
15. Notices. All notices and demands shall be given in writing by certified mail,
postage prepaid, and return receipt requested, or by personal delivery. Notices shall be
considered given upon the earlier of (a) personal delivery or (b) two (2) business days following
deposit in the United States mail, postage prepaid, certified or registered, return receipt
requested. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as
provided below for the respective party; provided that if any party gives notice in writing of a
change of name or address, notices to such party shall thereafter be given as demanded in that
notice:
Seller: City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attn.: City Manager
Copy to: Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071
Attn.: Bruce Galloway, Esq.
Buyer: JHC Temecula Reflections LLC
c/o Jamboree Housing Corporation
17701 Cowan Avenue, Suite 200
Irvine, California 92614
Attn: Laura Archuleta
Copy to: Patrick McCalla, Esq.
Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, California 92626
Escrow
Holder: Lawyers Title Company
1920 Main St., Suite 500
Irvine, CA 92614
Attn: Kelly Rainwater, Escrow No. 5212073
Phone: (949) 223-5549
Email: kellyrainwater@landam.com
16. Broker's Commissions. No broker was involved in connection with the
transaction contemplated herein. Each party hereby indemnifies and holds the other party
harmless from and against any and all claims for any other broker's commission or similar
compensation that may be payable to any broker, finder or other person or entity based upon
such party's own acts. The provisions of this Section shall survive the Close of Escrow.
11086-011 1\1135727v3.doc -10-
17. Standard Instructions. Each party agrees to execute Escrow Holder's
supplemental reasonable standard instructions as may be necessary or proper in order to
consummate the transactions contemplated by this Agreement; provided, however, in the event
of a conflict between the terms hereof and the terms of such standard instructions, the terms
hereof shall control.
18. Time is of the Essence. The parties hereto agree that time is of the essence with
respect to each term, condition and covenant hereof.
19. Successors and Assigns. The provisions of this Agreement are expressly binding
upon, and shall inure to the benefit of, the parties hereto and their successors in interest and
assigns.
20. Entire Agreement. This Agreement, together with all exhibits hereto, integrates
all of the terms and conditions mentioned herein or incidental hereto, and supersedes all
negotiations or previous agreements between the parties or their predecessors in interest with
respect to all or any part of the subject matter hereof.
21. Severability. Invalidation of any of the terms, conditions, covenants, or other
provisions contained herein by judgment or court order shall in no way affect any of the other
terms, conditions, covenants, or provisions hereof, and the same shall remain in full force and
effect.
22. Amendments. Any amendments to this Agreement shall be effective only when
duly executed by Seller and Buyer and deposited with Escrow Holder.
23. Attorneys' Fees. In the event that suit is brought for the enforcement of this
Agreement or as the result of any alleged breach thereof, the prevailing party or parties in such
suit shall be entitled to recover their reasonable attorneys' fees, costs, and expenses from the
losing party or parties, and any judgment or decree rendered in such proceedings shall include an
award thereof.
24. Governing. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
25. Counterparts. This Agreement may be executed simultaneously in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument. For purposes of this Agreement, facsimile and electronic
signatures shall be deemed to be original signatures, and shall be followed by the immediate
overnight delivery of original signature pages.
26. City Manager Authority. The City Manager of Seller shall have the authority to
give all consents and approvals, execute all documents and make all non-material changes to the
form of Grant Deed and the form of Regulatory Agreement as may be necessary or convenient to
consummate the transaction described in this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE(S)]
11086-011 1\1135727v3.doc -11-
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date first above written.
BUYER:
JHC TEMECULA REFLECTIONS LLC,
a California limited liability company
By: Jamboree Housing Corporation,
a California non-profit public
benefit corporation, its
Managing Member
Bv:
Laura Archuleta, President
SELLER:
CITY OF TEMECULA,
a municipal corporation
By:
Shawn D. Nelson
City Manager
Attest:
Susan Jones, MMC
Approved as to form:
Peter Thorson, City Attorney
11086-011 1\1135727v3.doc -12-
EXHIBIT "A"
LEGAL DESCRIPTION OF THE CONDO UNITS AND EASEMENT
INCLUDED IN THE PROPERTY
A CONDOMINIUM COMPRISED OF:
PARCEL 1:
AN UNDIVIDED 4/28th FEE SIMPLE INTEREST AS A TENANT IN COMMON IN THE
COMMON AREA OF THE MODULE IN WHICH THE RESIDENTIAL UNIT IS LOCATED
EQUAL TO THE RECIPROCAL OF THE NUMBER OF THE RESIDENTIAL UNITS
LOCATED WITHIN SUCH MODULE, AS SHOWN AND DEFINED ON THAT CERTAIN
CONDOMINIUM PLAN OF TEMECULA LANE (REFLECTIONS PHASE 1), RECORDED
IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON May 29,
2007 AS INSTRUMENT NO. 2007-0349669 ("CONDOMINIUM PLAN"), WHICH IS
SITUATED WITHIN LOT 101, OF TRACT 31946, IN THE CITY OF TEMECULA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER THAT TRACT MAP
RECORDED IN BOOK 421, PAGE(S) 28 THROUGH 36 OF MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY ("MAP"). ALL DEFINED TERMS USED
HEREIN SHALL HAVE THE MEANINGS SET FORTH IN THE DECLARATION
REFERENCED BELOW AND THE CONDOMINIUM PLAN.
PARCEL 2:
RESIDENTIAL UNIT NO'S 1,8,9 AND 16, AS SHOWN AND DESCRIBED ON THE
CONDOMINIUM PLAN.
RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT OVER THE PORTIONS OF
THE RESIDENTIAL UNIT DESIGNATED AS LIMITED ASSOCIATION MAINTENANCE
AREAS AND ROOF MAINTENANCE AREAS IN THE CONDOMINIUM PLAN AND
DECLARATION REFERRED TO BELOW AND ANY SUPPLEMENTARY
DECLARATION, IF ANY.
EXCEPTING FROM PARCELS 1 AND 2, ALL OIL, GAS, MINERAL AND
HYDROCARBON RIGHTS BY WHATSOEVER NAME KNOWN, WITHOUT RIGHT OF
SURFACE ENTRY AS MAY BE OF RECORD AS OF THE DATE HEREOF.
AND EXCEPTING FROM PARCELS 1 AND 2, PURSUANT TO THAT CERTAIN
MINERAL DEED CURRENTLY OF RECORD, ANY AND ALL (I) OIL RIGHTS, (II)
MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT
RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE
PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII)
ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY,
11086-0111\1135727v3.doc A-1
"SUBSURFACE RESOURCES") LOCATED IN OR THE PROPERTY AND THE
PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE,
STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE
PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL
AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND
TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE
PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN
AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL,
MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE
SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR
THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY.
RESERVING FROM PARCELS 1 AND 2, THE EASEMENT AND OTHER RIGHTS
RESERVED IN FAVOR OF GRANTOR IN THE DECLARATION FOR MARKETING AND
DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, SUBJECT TO ALL
EXCLUSIVE USE EASEMENT AREAS, THE RIGHT OF GRANTOR TO MAINTAIN
MARKETING UNITS IN THE CONDOMINIUMS OWNED BY GRANTOR, AS WELL AS
THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES
OFFICE AND MARKETING UNITS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER
MARKETING MATERIALS WITHIN THE COMMON AREA AND\OR ASSOCIATION
PROPERTY OF THE COMMUNITY.
FURTHER RESERVING FROM PARCELS 1 AND 2, FOR THE BENEFIT OF GRANTOR
AND ITS SUCCESSORS AND ASSIGNS, AN EASEMENT FOR INGRESS AND EGRESS,
IN, ON, OVER, THROUGH AND ACROSS THE COMMON AREA AND/OR
ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS
THEREON. THE GRANTOR FURTHER RESERVES THE RIGHT TO PREVENT ACCESS
OVER PORTIONS OF COMMON AREA AND/OR ASSOCIATION PROPERTY BY
PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO
COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE
COMMUNITY. HOWEVER, NO SUCH BARRIER SHALL PREVENT INGRESS OR
EGRESS BY GRANTEE TO AND FROM ITS RESIDENTIAL UNIT.
AND FURTHER RESERVING FROM PARCELS 1 AND 2, ALL EASEMENTS DESCRIBED
IN THE DECLARATION AND MASTER DECLARATION DESCRIBED BELOW, THE
CONDOMINIUM PLAN, THE MAP OF RECORD REFERENCED ABOVE, AND ALL
OTHER EASEMENTS OF RECORD.
PARCEL 3:
AN EXCLUSIVE USE EASEMENT OVER THE PORTION OF THE ASSOCIATION
PROPERTY DESIGNATED AS EXCLUSIVE USE DRIVEWAYS IN THE CONDOMINIUM
PLAN AS BEING APPURTENANT TO THE RESIDENTIAL UNIT DESCRIBED ABOVE, IF
ANY.
11086-0111\1135727v3.doc A-2
PARCEL 4:
AN EXCLUSIVE EASEMENT OVER A PORTION OF THE ASSOCIATION PROPERTY,
AS SHOWN ON THE CONDOMINIUM PLAN AS AN EXCLUSIVE USE PARKING SPACE
APPURTENANT TO PARCEL 2 ABOVE.
PARCEL 5:
A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS ON, OVER,
THROUGH AND ACROSS ROADWAY MODULE A, AS SHOWN ON THE
CONDOMINIUM PLAN.
PARCEL 6:
A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR
INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE
ASSOCIATION PROPERTY SHOWN ON THE CONDOMINIUM PLAN AND OVER, IN,
TO AND THROUGHOUT THE ASSOCIATION PROPERTY OF THE OTHER PHASES OF
THE PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENTS ARE
APPURTENANT TO PARCELS 1 AND 2 DESCRIBED ABOVE, SUBJECT TO THE
PROVISIONS OF THE DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE
AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (1) RECORDATION OF
A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY,
TO BE SUBJECT TO THE DECLARATION, AND (II) CONVEYANCE OF THE FIRST
CONDOMINIUM IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN
THE DECLARATION. THE ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO
EACH OF SUCH PHASES SHALL BE AS SHOWN AND DESCRIBED ON THE
CONDOMINIUM PLAN COVERING EACH SUCH PHASE RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON-
EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON-
EXCLUSIVE EASEMENTS RESERVED IN THE DECLARATION, THE CONDOMINIUM
PLAN, AND THIS GRANT DEED.
PARCEL 7:
A NON-EXCLUSIVE EASEMENT ON OVER, THROUGH, UNDER AND ACROSS, LOTS
C THROUGH M, INCLUSIVE, OF THE MAP, FOR ACCESS INGRESS OR EGRESS.
PARCEL 8:
A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR
INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE
MASTER ASSOCIATION PROPERTY AND OVER, IN, TO AND THROUGHOUT THE
MASTER ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY
DESCRIBED IN THE MASTER DECLARATION, WHICH EASEMENTS ARE
APPURTENANT TO PARCEL 1 DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS
OF THE MASTER DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS
TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF A
11086-0111\1135727v3.doc A-3
SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO
BE SUBJECT TO THE MASTER DECLARATION, AND (II) CONVEYANCE OF THE
FIRST RESIDENTIAL LOT IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET
FORTH IN THE MASTER DECLARATION. THE MASTER ASSOCIATION PROPERTY
REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE DESCRIBED ON
THE SUPPLEMENTARY DECLARATION COVERING EACH SUCH PHASE RECORDED
IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA,
THIS NON-EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR
NON-EXCLUSIVE EASEMENTS RESERVED IN THE MASTER DECLARATION AND
THIS GRANT DEED.
THE REAL PROPERTY CONVEYED IN THIS GRANT DEED (THE "PROPERTY") IS
CONVEYED TOGETHER WITH A MEMBERSHIP IN THE TEMECULA LANE
HOMEOWNERS ASSOCIATION ("MASTER ASSOCIATION") AND ACCEPTED
SUBJECT TO THAT CERTAIN MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF THE TEMECULA LANE MASTER COMMUNITY
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY
ON MAY 25, 2007 AS DOCUMENT NO. 2007-0346781 AND ANY AMENDMENT
THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE
RECORDATION OF THIS GRANT DEED ("MASTER DECLARATION") AND A
MEMBERSHIP IN THE REFLECTIONS AND ENCLAVE AT TEMECULA LANE
HOMEOWNERS ASSOCIATION AND ACCEPTED SUBJECT TO THAT CERTAIN
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
REFLECTIONS AND ENCLAVE AT TEMECULA LANE RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 30, 2007 AS DOCUMENT
NO. 2007-0353199, AND ANY OTHER AMENDMENTS THERETO NOW OF RECORD OR
WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED
("DECLARATION"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE
TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH
HEREIN. AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION AND THE
MASTER DECLARATION, THE PROPERTY IS CONVEYED SUBJECT TO SUCH
EASEMENTS IN FAVOR OF THE ASSOCIATION AND MASTER ASSOCIATION AS ARE
NECESSARY TO PERFORM THE DUTIES AND OBLIGATIONS OF THE ASSOCIATION
AND MASTER ASSOCIATION AND CERTAIN EASEMENTS RESERVED BY GRANTOR.
GRANTEE, IN ACCEPTING THIS GRANT DEED AND THE CONVEYANCE
HEREUNDER, DOES HEREBY AGREE, JOINTLY AND SEVERALLY, FOR THE
BENEFIT OF THE ASSOCIATION AND MASTER ASSOCIATION AND EACH AND
EVERY ONE OF THE OTHER MEMBERS OF THE ASSOCIATION AND MASTER
ASSOCIATION, THAT GRANTEE WILL PROMPTLY, FULLY AND FAITHFULLY
COMPLY WITH AND CONFORM TO THE DECLARATION AND MASTER
DECLARATION AND THE ARTICLES OF INCORPORATION AND BYLAWS OF THE
ASSOCIATION AND MASTER ASSOCIATION AND THE RULES AND
ARCHITECTURAL GUIDELINES REFERENCED IN THE DECLARATION AND MASTER
DECLARATION. IN PARTICULAR, GRANTEE DOES HEREBY AGREE, JOINTLY AND
SEVERALLY, PROMPTLY TO PAY IN FULL ANY DUES, FEES OR ASSESSMENTS
LEVIED BY THE ASSOCIATION AND MASTER ASSOCIATION ON THE
MEMBERSHIPS CONVEYED HEREBY. THE OBLIGATIONS OF GRANTEE HEREIN SET
11086-0111\1135727v3.doc A-4
FORTH SHALL BE COVENANTS RUNNING WITH THE PROPERTY IT BEING
UNDERSTOOD THAT SAID MEMBERSHIP IN THE ASSOCIATION AND MASTER
ASSOCIATION AND THE OBLIGATIONS THEREOF, WILL AUTOMATICALLY PASS
TO GRANTEE'S SUCCESSOR IN TITLE IN THE PROPERTY OR OTHERWISE, AND
SHALL BE BINDING UPON THE GRANTEES ABOVE NAMED, THEIR HEIRS,
DEVISEES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS.
THE PROPERTY IS ALSO CONVEYED AND ACCEPTED SUBJECT TO THAT CERTAIN
NOTICE OF NON-ADVERSARIAL PROCEDURES UNDER CIVIL CODE SECTION 9120
SEPTEMBER 6, 2007 AS INSTRUMENT NO. 2007-0512606 OFFICIAL RECORDS OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, AND ANY
AMENDMENTS THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR
TO THE RECORDATION OF THIS GRANT DEED ("NOTICE"), ALL OF WHICH ARE
INCORPORATED HEREIN BY REFERENCE WITH THE SAME EFFECT AS THOUGH
FULLY SET FORTH HEREIN.
THE GRANTEE HEREIN COVENANTS BY AND FOR ITSELF, HIS HEIRS, EXECUTORS,
ADMINISTRATORS AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR
THROUGH THEM, THAT THERE SHALL BE NO DISCRIMINATION AGAINST OR
SEGREGATION OF, ANY PERSON OR GROUP OF PERSONS ON ACCOUNT OF SEX,
MARITAL STATUS, RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, OR
ANCESTRY IN THE SALE, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE
LAND HEREIN CONVEYED OR THE IMPROVEMENTS THEREON OR TO BE
CONSTRUCTED THEREON, NOR SHALL THE GRANTEE ITSELF OR ANY PERSON
CLAIMING UNDER OR THROUGH THE GRANTEE, ESTABLISH OR PERMIT ANY
SUCH PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH
REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF
TRANSFEREES OR VENDEES IN THE LAND HEREIN CONVEYED OR SUCH
IMPROVEMENTS. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND.
(Phase 2)
A CONDOMINIUM COMPRISED OF:
PARCEL 1:
AN UNDIVIDED 7/28th FEE SIMPLE INTEREST AS A TENANT IN COMMON IN THE
COMMON AREA OF THE MODULE IN WHICH THE RESIDENTIAL UNIT IS LOCATED,
AS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN OF
TEMECULA LANE (REFLECTIONS PHASE 2), RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY ON July 23, 2007 AS INSTRUMENT NO.
2007-0476363 ("CONDOMINIUM PLAN"), WHICH IS SITUATED WITHIN LOT 101, OF
TRACT 31946, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS PER THAT TRACT MAP RECORDED IN BOOK 421, PAGE(S) 28
THROUGH 36 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY ("MAP"). ALL DEFINED TERMS USED HEREIN SHALL HAVE THE
11086-011 1\1 135727v3.doe A-5
MEANINGS SET FORTH IN THE DECLARATION REFERENCED BELOW AND THE
CONDOMINIUM PLAN.
PARCEL 2:
RESIDENTIAL UNIT NO. 221,225,228,229,232,233 AND 236, AS SHOWN AND
DESCRIBED ON THE CONDOMINIUM PLAN.
RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT OVER THE PORTIONS OF
THE RESIDENTIAL UNIT DESIGNATED AS LIMITED ASSOCIATION MAINTENANCE
AREAS AND ROOF MAINTENANCE AREAS IN THE CONDOMINIUM PLAN AND
DECLARATION REFERRED TO BELOW AND ANY SUPPLEMENTARY
DECLARATION, IF ANY.
EXCEPTING FROM PARCELS 1 AND 2, ALL OIL, GAS, MINERAL AND
HYDROCARBON RIGHTS BY WHATSOEVER NAME KNOWN, WITHOUT RIGHT OF
SURFACE ENTRY AS MAY BE OF RECORD AS OF THE DATE HEREOF.
AND EXCEPTING FROM PARCELS 1 AND 2, PURSUANT TO THAT CERTAIN
MINERAL DEED CURRENTLY OF RECORD, ANY AND ALL (I) OIL RIGHTS, (II)
MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT
RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE
PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII)
ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY,
"SUBSURFACE RESOURCES") LOCATED IN OR THE PROPERTY AND THE
PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE,
STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE
PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL
AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND
TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE
PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN
AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL,
MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE
SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR
THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY.
RESERVING FROM PARCELS 1 AND 2, THE EASEMENT AND OTHER RIGHTS
RESERVED IN FAVOR OF GRANTOR IN THE DECLARATION FOR MARKETING AND
DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, SUBJECT TO ALL
EXCLUSIVE USE EASEMENT AREAS, THE RIGHT OF GRANTOR TO MAINTAIN
MARKETING UNITS IN THE CONDOMINIUMS OWNED BY GRANTOR, AS WELL AS
THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES
OFFICE AND MARKETING UNITS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER
11086-0111\1135727v3.doc A-6
MARKETING MATERIALS WITHIN THE COMMON AREA AND1OR ASSOCIATION
PROPERTY OF THE COMMUNITY.
FURTHER RESERVING FROM PARCELS 1 AND 2, FOR THE BENEFIT OF GRANTOR
AND ITS SUCCESSORS AND ASSIGNS, AN EASEMENT FOR INGRESS AND EGRESS,
IN, ON, OVER, THROUGH AND ACROSS THE COMMON AREA AND/OR
ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS
THEREON. THE GRANTOR FURTHER RESERVES THE RIGHT TO PREVENT ACCESS
OVER PORTIONS OF COMMON AREA AND/OR ASSOCIATION PROPERTY BY
PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO
COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE
COMMUNITY. HOWEVER, NO SUCH BARRIER SHALL PREVENT INGRESS OR
EGRESS BY GRANTEE TO AND FROM ITS RESIDENTIAL UNIT.
AND FURTHER RESERVING FROM PARCELS 1 AND 2, ALL EASEMENTS DESCRIBED
IN THE DECLARATION AND MASTER DECLARATION DESCRIBED BELOW, THE
CONDOMINIUM PLAN, THE MAP OF RECORD REFERENCED ABOVE, AND ALL
OTHER EASEMENTS OF RECORD.
PARCEL 3:
AN EXCLUSIVE USE EASEMENT OVER THE PORTION OF THE ASSOCIATION
PROPERTY DESIGNATED AS EXCLUSIVE USE DRIVEWAYS IN THE CONDOMINIUM
PLAN AS BEING APPURTENANT TO THE RESIDENTIAL UNIT DESCRIBED ABOVE, IF
ANY.
PARCEL 4:
AN EXCLUSIVE EASEMENT OVER A PORTION OF THE ASSOCIATION PROPERTY,
AS SHOWN ON THE CONDOMINIUM PLAN AS AN EXCLUSIVE USE PARKING SPACE
APPURTENANT TO PARCEL 2 ABOVE.
PARCEL 5:
A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS ON, OVER,
THROUGH AND ACROSS ROADWAY MODULE A, AS SHOWN ON THE
CONDOMINIUM PLAN.
PARCEL 6:
A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR
INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE
ASSOCIATION PROPERTY SHOWN ON THE CONDOMINIUM PLAN AND OVER, IN,
TO AND THROUGHOUT THE ASSOCIATION PROPERTY OF THE OTHER PHASES OF
THE PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENTS ARE
APPURTENANT TO PARCELS 1 AND 2 DESCRIBED ABOVE, SUBJECT TO THE
PROVISIONS OF THE DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE
AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF
11086-0111\1135727v3.doc A-7
A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY,
TO BE SUBJECT TO THE DECLARATION, AND (II) CONVEYANCE OF THE FIRST
CONDOMINIUM IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN
THE DECLARATION. THE ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO
EACH OF SUCH PHASES SHALL BE AS SHOWN AND DESCRIBED ON THE
CONDOMINIUM PLAN COVERING EACH SUCH PHASE RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON-
EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON-
EXCLUSIVE EASEMENTS RESERVED IN THE DECLARATION, THE CONDOMINIUM
PLAN. AND THIS GRANT DEED.
PARCEL 7:
A NON-EXCLUSIVE EASEMENT ON OVER, THROUGH, UNDER AND ACROSS, LOTS
C THROUGH M, INCLUSIVE, OF THE MAP, FOR ACCESS INGRESS OR EGRESS.
PARCEL 8:
A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR
INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE
MASTER ASSOCIATION PROPERTY AND OVER, IN, TO AND THROUGHOUT THE
MASTER ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY
DESCRIBED IN THE MASTER DECLARATION, WHICH EASEMENTS ARE
APPURTENANT TO PARCEL I DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS
OF THE MASTER DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS
TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF A
SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO
BE SUBJECT TO THE MASTER DECLARATION, AND (II) CONVEYANCE OF THE
FIRST RESIDENTIAL LOT IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET
FORTH IN THE MASTER DECLARATION. THE MASTER ASSOCIATION PROPERTY
REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE DESCRIBED ON
THE SUPPLEMENTARY DECLARATION COVERING EACH SUCH PHASE RECORDED
IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA,
THIS NON-EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR
NON-EXCLUSIVE EASEMENTS RESERVED IN THE MASTER DECLARATION AND
THIS GRANT DEED.
THE REAL PROPERTY CONVEYED IN THIS GRANT DEED (THE "PROPERTY") IS
CONVEYED TOGETHER WITH A MEMBERSHIP IN THE TEMECULA LANE
HOMEOWNERS ASSOCIATION ("MASTER ASSOCIATION") AND ACCEPTED
SUBJECT TO THAT CERTAIN MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF THE TEMECULA LANE MASTER COMMUNITY
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY
ON MAY 25, 2007 AS DOCUMENT NO. 2007-0346781 AND ANY AMENDMENT
THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE
RECORDATION OF THIS GRANT DEED ("MASTER DECLARATION") AND A
MEMBERSHIP IN THE REFLECTIONS AND ENCLAVE AT TEMECULA LANE
11086-0111\1135727v3.doc A-8
HOMEOWNERS ASSOCIATION AND ACCEPTED SUBJECT TO THAT CERTAIN
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
REFLECTIONS AND ENCLAVE AT TEMECULA LANE RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 30, 2007 AS DOCUMENT
NO. 2007-0353199, AND ANY OTHER AMENDMENTS THERETO NOW OF RECORD OR
WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED
("DECLARATION"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE
TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH
HEREIN. AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION AND THE
MASTER DECLARATION, THE PROPERTY IS CONVEYED SUBJECT TO SUCH
EASEMENTS IN FAVOR OF THE ASSOCIATION AND MASTER ASSOCIATION AS ARE
NECESSARY TO PERFORM THE DUTIES AND OBLIGATIONS OF THE ASSOCIATION
AND MASTER ASSOCIATION AND CERTAIN EASEMENTS RESERVED BY GRANTOR.
GRANTEE, IN ACCEPTING THIS GRANT DEED AND THE CONVEYANCE
HEREUNDER, DOES HEREBY AGREE, JOINTLY AND SEVERALLY, FOR THE
BENEFIT OF THE ASSOCIATION AND MASTER ASSOCIATION AND EACH AND
EVERY ONE OF THE OTHER MEMBERS OF THE ASSOCIATION AND MASTER
ASSOCIATION, THAT GRANTEE WILL PROMPTLY, FULLY AND FAITHFULLY
COMPLY WITH AND CONFORM TO THE DECLARATION AND MASTER
DECLARATION AND THE ARTICLES OF INCORPORATION AND BYLAWS OF THE
ASSOCIATION AND MASTER ASSOCIATION AND THE RULES AND
ARCHITECTURAL GUIDELINES REFERENCED IN THE DECLARATION AND MASTER
DECLARATION. IN PARTICULAR, GRANTEE DOES HEREBY AGREE, JOINTLY AND
SEVERALLY, PROMPTLY TO PAY IN FULL ANY DUES, FEES OR ASSESSMENTS
LEVIED BY THE ASSOCIATION AND MASTER ASSOCIATION ON THE
MEMBERSHIPS CONVEYED HEREBY. THE OBLIGATIONS OF GRANTEE HEREIN SET
FORTH SHALL BE COVENANTS RUNNING WITH THE PROPERTY IT BEING
UNDERSTOOD THAT SAID MEMBERSHIP IN THE ASSOCIATION AND MASTER
ASSOCIATION AND THE OBLIGATIONS THEREOF, WILL AUTOMATICALLY PASS
TO GRANTEE'S SUCCESSOR IN TITLE IN THE PROPERTY OR OTHERWISE, AND
SHALL BE BINDING UPON THE GRANTEES ABOVE NAMED, THEIR HEIRS,
DEVISEES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS.
THE PROPERTY IS ALSO CONVEYED AND ACCEPTED SUBJECT TO THAT CERTAIN
NOTICE OF NON-ADVERSARIAL PROCEDURES UNDER CIVIL CODE SECTION 9120
SEPTEMBER 6, 2007 AS INSTRUMENT NO. 2007-0567808 OF OFFICIAL RECORDS OF
THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA.
THE GRANTEE HEREIN COVENANTS BY AND FOR ITSELF, HIS HEIRS, EXECUTORS,
ADMINISTRATORS AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR
THROUGH THEM, THAT THERE SHALL BE NO DISCRIMINATION AGAINST OR
SEGREGATION OF, ANY PERSON OR GROUP OF PERSONS ON ACCOUNT OF SEX,
MARITAL STATUS, RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, OR
ANCESTRY IN THE SALE, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE
LAND HEREIN CONVEYED OR THE IMPROVEMENTS THEREON OR TO BE
CONSTRUCTED THEREON, NOR SHALL THE GRANTEE ITSELF OR ANY PERSON
CLAIMING UNDER OR THROUGH THE GRANTEE, ESTABLISH OR PERMIT ANY
11086-0111\1135727v3.doc A-9
SUCH PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH
REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF
TRANSFEREES OR VENDEES IN THE LAND HEREIN CONVEYED OR SUCH
IMPROVEMENTS. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND.
11086-0111\1135727v3.doc A-10
EXHIBIT "B"
FORM OF GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
JHC Temecula Reflectins LLC.
c/o Jamboree Housing Corporation
17901 Cowan Avenue, Suite 200
Irvine, California 92614
Attn: Lauren Archuleta
APNS:
Exempt from recording fees pursuant to California Government Code Section 27383.
[SPACE ABOVE FOR RECORDER'S USE ONLY"]
Documentary transfer taxes are based on the value of and consideration for the property
conveyed, and shall be paid by Grantee.
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF
TEMECULA, a municipal corporation ("Grantor") hereby grants to JHC TEMECULA
REFLECTIONS LLC, the land located in the City of Temecula, County of Riverside, State of
California, more particularly described on "Exhibit A" attached hereto and incorporated herein
by reference and all improvements and fixtures thereon.
THE REAL PROPERTY CONVEYED HEREIN BY GRANTOR TO GRANTEE IS
CONVEYED AND ACCEPTED SUBJECT TO ALL TAXES AND ASSESSMENTS, AND
ALL EASEMENTS, RESERVATIONS IN PATENTS, RIGHTS OF WAY,
ENCUMBRANCES, LIENS, COVENANTS, CONDITIONS, RESTRICTIONS,
OBLIGATIONS AND LIABILITIES AS MAY APPEAR OF RECORD.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below.
Dated: June , 2009
CITY OF TEMECULA,
a California municipal corporation
By:
Print Name:
Title:
11086-0111\1135727v3.doc B-1
ACKNOWLEDGMENT
State of California )
County of )
On
before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
S
Signature of Notary Public
11086-0111\1135727v3.doc B-2
EXHIBIT A
to
Grant Deed
Legal Description of PropertX
A CONDOMINIUM COMPRISED OF:
PARCEL 1:
AN UNDIVIDED 4/28th FEE SIMPLE INTEREST AS A TENANT IN COMMON IN THE
COMMON AREA OF THE MODULE IN WHICH THE RESIDENTIAL UNIT IS LOCATED
EQUAL TO THE RECIPROCAL OF THE NUMBER OF THE RESIDENTIAL UNITS
LOCATED WITHIN SUCH MODULE, AS SHOWN AND DEFINED ON THAT CERTAIN
CONDOMINIUM PLAN OF TEMECULA LANE (REFLECTIONS PHASE 1), RECORDED
IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY ON May 29,
2007 AS INSTRUMENT NO. 2007-0349669 ("CONDOMINIUM PLAN"), WHICH IS
SITUATED WITHIN LOT 101, OF TRACT 31946, IN THE CITY OF TEMECULA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER THAT TRACT MAP
RECORDED IN BOOK 421, PAGE(S) 28 THROUGH 36 OF MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY ("MAP"). ALL DEFINED TERMS USED
HEREIN SHALL HAVE THE MEANINGS SET FORTH IN THE DECLARATION
REFERENCED BELOW AND THE CONDOMINIUM PLAN.
PARCEL 2:
RESIDENTIAL UNIT NO'S 1,8,9 AND 16, AS SHOWN AND DESCRIBED ON THE
CONDOMINIUM PLAN.
RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT OVER THE PORTIONS OF
THE RESIDENTIAL UNIT DESIGNATED AS LIMITED ASSOCIATION MAINTENANCE
AREAS AND ROOF MAINTENANCE AREAS IN THE CONDOMINIUM PLAN AND
DECLARATION REFERRED TO BELOW AND ANY SUPPLEMENTARY
DECLARATION, IF ANY.
EXCEPTING FROM PARCELS 1 AND 2, ALL OIL, GAS, MINERAL AND
HYDROCARBON RIGHTS BY WHATSOEVER NAME KNOWN, WITHOUT RIGHT OF
SURFACE ENTRY AS MAY BE OF RECORD AS OF THE DATE HEREOF.
AND EXCEPTING FROM PARCELS 1 AND 2, PURSUANT TO THAT CERTAIN
MINERAL DEED CURRENTLY OF RECORD, ANY AND ALL (I) OIL RIGHTS, (II)
MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT
RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE
PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII)
ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY,
"SUBSURFACE RESOURCES") LOCATED IN OR THE PROPERTY AND THE
PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE,
11086-0111\1135727v3.doc B-3
STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE
PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL
AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND
TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE
PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN
AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL,
MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE
SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR
THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY.
RESERVING FROM PARCELS 1 AND 2, THE EASEMENT AND OTHER RIGHTS
RESERVED IN FAVOR OF GRANTOR IN THE DECLARATION FOR MARKETING AND
DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, SUBJECT TO ALL
EXCLUSIVE USE EASEMENT AREAS, THE RIGHT OF GRANTOR TO MAINTAIN
MARKETING UNITS IN THE CONDOMINIUMS OWNED BY GRANTOR, AS WELL AS
THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES
OFFICE AND MARKETING UNITS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER
MARKETING MATERIALS WITHIN THE COMMON AREA AND1OR ASSOCIATION
PROPERTY OF THE COMMUNITY-.
FURTHER RESERVING FROM PARCELS 1 AND 2, FOR THE BENEFIT OF GRANTOR
AND ITS SUCCESSORS AND ASSIGNS, AN EASEMENT FOR INGRESS AND EGRESS,
IN, ON, OVER, THROUGH AND ACROSS THE COMMON AREA AND/OR
ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS
THEREON. THE GRANTOR FURTHER RESERVES THE RIGHT TO PREVENT ACCESS
OVER PORTIONS OF COMMON AREA AND/OR ASSOCIATION PROPERTY BY
PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO
COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE
COMMUNITY. HOWEVER, NO SUCH BARRIER SHALL PREVENT INGRESS OR
EGRESS BY GRANTEE TO AND FROM ITS RESIDENTIAL UNIT.
AND FURTHER RESERVING FROM PARCELS 1 AND 2, ALL EASEMENTS DESCRIBED
IN THE DECLARATION AND MASTER DECLARATION DESCRIBED BELOW, THE
CONDOMINIUM PLAN, THE MAP OF RECORD REFERENCED ABOVE, AND ALL
OTHER EASEMENTS OF RECORD.
PARCEL 3:
AN EXCLUSIVE USE EASEMENT OVER THE PORTION OF THE ASSOCIATION
PROPERTY DESIGNATED AS EXCLUSIVE USE DRIVEWAYS IN THE CONDOMINIUM
PLAN AS BEING APPURTENANT TO THE RESIDENTIAL UNIT DESCRIBED ABOVE, IF
ANY.
PARCEL 4:
11086-0111\1135727v3.doc B-4
AN EXCLUSIVE EASEMENT OVER A PORTION OF THE ASSOCIATION PROPERTY,
AS SHOWN ON THE CONDOMINIUM PLAN AS AN EXCLUSIVE USE PARKING SPACE
APPURTENANT TO PARCEL 2 ABOVE.
PARCEL 5:
A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS ON, OVER,
THROUGH AND ACROSS ROADWAY MODULE A, AS SHOWN ON THE
CONDOMINIUM PLAN.
PARCEL 6:
A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR
INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE
ASSOCIATION PROPERTY SHOWN ON THE CONDOMINIUM PLAN AND OVER, IN,
TO AND THROUGHOUT THE ASSOCIATION PROPERTY OF THE OTHER PHASES OF
THE PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENTS ARE
APPURTENANT TO PARCELS 1 AND 2 DESCRIBED ABOVE, SUBJECT TO THE
PROVISIONS OF THE DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE
AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF
A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY,
TO BE SUBJECT TO THE DECLARATION, AND (II) CONVEYANCE OF THE FIRST
CONDOMINIUM IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN
THE DECLARATION. THE ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO
EACH OF SUCH PHASES SHALL BE AS SHOWN AND DESCRIBED ON THE
CONDOMINIUM PLAN COVERING EACH SUCH PHASE RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON-
EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON-
EXCLUSIVE EASEMENTS RESERVED IN THE DECLARATION, THE CONDOMINIUM
PLAN, AND THIS GRANT DEED.
PARCEL 7:
A NON-EXCLUSIVE EASEMENT ON OVER, THROUGH, UNDER AND ACROSS, LOTS
C THROUGH M, INCLUSIVE, OF THE MAP, FOR ACCESS INGRESS OR EGRESS.
PARCEL 8:
A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR
INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE
MASTER ASSOCIATION PROPERTY AND OVER, IN, TO AND THROUGHOUT THE
MASTER ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY
DESCRIBED IN THE MASTER DECLARATION, WHICH EASEMENTS ARE
APPURTENANT TO PARCEL 1 DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS
OF THE MASTER DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS
TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF A
SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO
BE SUBJECT TO THE MASTER DECLARATION, AND (II) CONVEYANCE OF THE
FIRST RESIDENTIAL LOT IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET
FORTH IN THE MASTER DECLARATION. THE MASTER ASSOCIATION PROPERTY
11086-0111\1135727v3.doc B-5
REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE DESCRIBED ON
THE SUPPLEMENTARY DECLARATION COVERING EACH SUCH PHASE RECORDED
IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA,
THIS NON-EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR
NON-EXCLUSIVE EASEMENTS RESERVED IN THE MASTER DECLARATION AND
THIS GRANT DEED.
THE REAL PROPERTY CONVEYED IN THIS GRANT DEED (THE "PROPERTY") IS
CONVEYED TOGETHER WITH A MEMBERSHIP IN THE TEMECULA LANE
HOMEOWNERS ASSOCIATION ("MASTER ASSOCIATION") AND ACCEPTED
SUBJECT TO THAT CERTAIN MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF THE TEMECULA LANE MASTER COMMUNITY
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY
ON MAY 25, 2007 AS DOCUMENT NO. 2007-0346781 AND ANY AMENDMENT
THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE
RECORDATION OF THIS GRANT DEED ("MASTER DECLARATION") AND A
MEMBERSHIP IN THE REFLECTIONS AND ENCLAVE AT TEMECULA LANE
HOMEOWNERS ASSOCIATION AND ACCEPTED SUBJECT TO THAT CERTAIN
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
REFLECTIONS AND ENCLAVE AT TEMECULA LANE RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 30, 2007 AS DOCUMENT
NO. 2007-0353199, AND ANY OTHER AMENDMENTS THERETO NOW OF RECORD OR
WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED
("DECLARATION"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE
TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH
HEREIN. AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION AND THE
MASTER DECLARATION, THE PROPERTY- IS CONVEYED SUBJECT TO SUCH
EASEMENTS IN FAVOR OF THE ASSOCIATION AND MASTER ASSOCIATION AS ARE
NECESSARY TO PERFORM THE DUTIES AND OBLIGATIONS OF THE ASSOCIATION
AND MASTER ASSOCIATION AND CERTAIN EASEMENTS RESERVED BY GRANTOR.
GRANTEE, IN ACCEPTING THIS GRANT DEED AND THE CONVEYANCE
HEREUNDER, DOES HEREBY AGREE, JOINTLY AND SEVERALLY, FOR THE
BENEFIT OF THE ASSOCIATION AND MASTER ASSOCIATION AND EACH AND
EVERY ONE OF THE OTHER MEMBERS OF THE ASSOCIATION AND MASTER
ASSOCIATION, THAT GRANTEE WILL PROMPTLY, FULLY AND FAITHFULLY
COMPLY WITH AND CONFORM TO THE DECLARATION AND MASTER
DECLARATION AND THE ARTICLES OF INCORPORATION AND BYLAWS OF THE
ASSOCIATION AND MASTER ASSOCIATION AND THE RULES AND
ARCHITECTURAL GUIDELINES REFERENCED IN THE DECLARATION AND MASTER
DECLARATION. IN PARTICULAR, GRANTEE DOES HEREBY AGREE, JOINTLY AND
SEVERALLY, PROMPTLY TO PAY IN FULL ANY DUES, FEES OR ASSESSMENTS
LEVIED BY THE ASSOCIATION AND MASTER ASSOCIATION ON THE
MEMBERSHIPS CONVEYED HEREBY. THE OBLIGATIONS OF GRANTEE HEREIN SET
FORTH SHALL BE COVENANTS RUNNING WITH THE PROPERTY IT BEING
UNDERSTOOD THAT SAID MEMBERSHIP IN THE ASSOCIATION AND MASTER
ASSOCIATION AND THE OBLIGATIONS THEREOF, WILL AUTOMATICALLY PASS
TO GRANTEE'S SUCCESSOR IN TITLE IN THE PROPERTY OR OTHERWISE, AND
SHALL BE BINDING UPON THE GRANTEES ABOVE NAMED, THEIR HEIRS,
DEVISEES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS.
11086-0111\1135727v3.doc B-6
THE PROPERTY IS ALSO CONVEYED AND ACCEPTED SUBJECT TO THAT CERTAIN
NOTICE OF NON-ADVERSARIAL PROCEDURES UNDER CIVIL CODE SECTION 9120
SEPTEMBER 6, 2007 AS INSTRUMENT NO. 2007-0512606 OFFICIAL RECORDS OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, AND ANY
AMENDMENTS THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR
TO THE RECORDATION OF THIS GRANT DEED ("NOTICE"), ALL OF WHICH ARE
INCORPORATED HEREIN BY REFERENCE WITH THE SAME EFFECT AS THOUGH
FULLY SET FORTH HEREIN.
THE GRANTEE HEREIN COVENANTS BY AND FOR ITSELF, HIS HEIRS, EXECUTORS,
ADMINISTRATORS AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR
THROUGH THEM, THAT THERE SHALL BE NO DISCRIMINATION AGAINST OR
SEGREGATION OF, ANY PERSON OR GROUP OF PERSONS ON ACCOUNT OF SEX,
MARITAL STATUS, RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, OR
ANCESTRY IN THE SALE, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE
LAND HEREIN CONVEYED OR THE IMPROVEMENTS THEREON OR TO BE
CONSTRUCTED THEREON, NOR SHALL THE GRANTEE ITSELF OR ANY PERSON
CLAIMING UNDER OR THROUGH THE GRANTEE, ESTABLISH OR PERMIT ANY
SUCH PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH
REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF
TRANSFEREES OR VENDEES IN THE LAND HEREIN CONVEYED OR SUCH
IMPROVEMENTS. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND.
(Phase 2)
A CONDOMINIUM COMPRISED OF:
PARCEL 1:
AN UNDIVIDED 7/28th FEE SIMPLE INTEREST AS A TENANT IN COMMON IN THE
COMMON AREA OF THE MODULE IN WHICH THE RESIDENTIAL UNIT IS LOCATED,
AS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN OF
TEMECULA LANE (REFLECTIONS PHASE 2), RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY ON July 23, 2007 AS INSTRUMENT NO.
2007-0476363 ("CONDOMINIUM PLAN"), WHICH IS SITUATED WITHIN LOT 101, OF
TRACT 31946, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS PER THAT TRACT MAP RECORDED IN BOOK 421, PAGE(S) 28
THROUGH 36 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY ("MAP"). ALL DEFINED TERMS USED HEREIN SHALL HAVE THE
MEANINGS SET FORTH IN THE DECLARATION REFERENCED BELOW AND THE
CONDOMINIUM PLAN.
PARCEL 2:
RESIDENTIAL UNIT NO. 221,225,228,229,232,233 AND 236, AS SHOWN AND
DESCRIBED ON THE CONDOMINIUM PLAN.
RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT OVER THE PORTIONS OF
THE RESIDENTIAL UNIT DESIGNATED AS LIMITED ASSOCIATION MAINTENANCE
11086-011 1\1 135727v3.doe B-7
AREAS AND ROOF MAINTENANCE AREAS IN THE CONDOMINIUM PLAN AND
DECLARATION REFERRED TO BELOW AND ANY SUPPLEMENTARY
DECLARATION, IF ANY.
EXCEPTING FROM PARCELS 1 AND 2, ALL OIL, GAS, MINERAL AND
HYDROCARBON RIGHTS BY WHATSOEVER NAME KNOWN, WITHOUT RIGHT OF
SURFACE ENTRY AS MAY BE OF RECORD AS OF THE DATE HEREOF.
AND EXCEPTING FROM PARCELS 1 AND 2, PURSUANT TO THAT CERTAIN
MINERAL DEED CURRENTLY OF RECORD, ANY AND ALL (I) OIL RIGHTS, (II)
MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT
RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE
PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII)
ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY,
"SUBSURFACE RESOURCES") LOCATED IN OR THE PROPERTY AND THE
PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE,
STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE
PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL
AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND
TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE
PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN
AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL,
MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE
SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR
THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY.
RESERVING FROM PARCELS 1 AND 2, THE EASEMENT AND OTHER RIGHTS
RESERVED IN FAVOR OF GRANTOR IN THE DECLARATION FOR MARKETING AND
DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, SUBJECT TO ALL
EXCLUSIVE USE EASEMENT AREAS, THE RIGHT OF GRANTOR TO MAINTAIN
MARKETING UNITS IN THE CONDOMINIUMS OWNED BY GRANTOR, AS WELL AS
THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES
OFFICE AND MARKETING UNITS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER
MARKETING MATERIALS WITHIN THE COMMON AREA AND\OR ASSOCIATION
PROPERTY OF THE COMMUNITY.
FURTHER RESERVING FROM PARCELS 1 AND 2, FOR THE BENEFIT OF GRANTOR
AND ITS SUCCESSORS AND ASSIGNS, AN EASEMENT FOR INGRESS AND EGRESS,
IN, ON, OVER, THROUGH AND ACROSS THE COMMON AREA AND/OR
ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS
THEREON. THE GRANTOR FURTHER RESERVES THE RIGHT TO PREVENT ACCESS
OVER PORTIONS OF COMMON AREA AND/OR ASSOCIATION PROPERTY BY
PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO
COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE
COMMUNITY. HOWEVER, NO SUCH BARRIER SHALL PREVENT INGRESS OR
EGRESS BY GRANTEE TO AND FROM ITS RESIDENTIAL UNIT.
11086-0111\1135727v3.doc B-8
AND FURTHER RESERVING FROM PARCELS 1 AND 2, ALL EASEMENTS DESCRIBED
IN THE DECLARATION AND MASTER DECLARATION DESCRIBED BELOW, THE
CONDOMINIUM PLAN, THE MAP OF RECORD REFERENCED ABOVE, AND ALL
OTHER EASEMENTS OF RECORD.
PARCEL 3:
AN EXCLUSIVE USE EASEMENT OVER THE PORTION OF THE ASSOCIATION
PROPERTY DESIGNATED AS EXCLUSIVE USE DRIVEWAYS IN THE CONDOMINIUM
PLAN AS BEING APPURTENANT TO THE RESIDENTIAL UNIT DESCRIBED ABOVE, IF
ANY.
PARCEL 4:
AN EXCLUSIVE EASEMENT OVER A PORTION OF THE ASSOCIATION PROPERTY,
AS SHOWN ON THE CONDOMINIUM PLAN AS AN EXCLUSIVE USE PARKING SPACE
APPURTENANT TO PARCEL 2 ABOVE.
PARCEL 5:
A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS ON, OVER,
THROUGH AND ACROSS ROADWAY MODULE A, AS SHOWN ON THE
CONDOMINIUM PLAN.
PARCEL &
A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR
INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE
ASSOCIATION PROPERTY SHOWN ON THE CONDOMINIUM PLAN AND OVER, IN,
TO AND THROUGHOUT THE ASSOCIATION PROPERTY OF THE OTHER PHASES OF
THE PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENTS ARE
APPURTENANT TO PARCELS 1 AND 2 DESCRIBED ABOVE, SUBJECT TO THE
PROVISIONS OF THE DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE
AS TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF
A SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY,
TO BE SUBJECT TO THE DECLARATION, AND (II) CONVEYANCE OF THE FIRST
CONDOMINIUM IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN
THE DECLARATION. THE ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO
EACH OF SUCH PHASES SHALL BE AS SHOWN AND DESCRIBED ON THE
CONDOMINIUM PLAN COVERING EACH SUCH PHASE RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THIS NON-
EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR NON-
EXCLUSIVE EASEMENTS RESERVED IN THE DECLARATION, THE CONDOMINIUM
PLAN, AND THIS GRANT DEED.
PARCEL 7:
A NON-EXCLUSIVE EASEMENT ON OVER, THROUGH, UNDER AND ACROSS, LOTS
C THROUGH M, INCLUSIVE, OF THE MAP, FOR ACCESS INGRESS OR EGRESS.
11086-0111\1135727v3.doc B-9
PARCEL &
A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR
INGRESS, EGRESS, USE AND ENJOYMENT, OVER, IN, TO AND THROUGHOUT THE
MASTER ASSOCIATION PROPERTY AND OVER, IN, TO AND THROUGHOUT THE
MASTER ASSOCIATION PROPERTY OF THE OTHER PHASES OF THE PROPERTY
DESCRIBED IN THE MASTER DECLARATION, WHICH EASEMENTS ARE
APPURTENANT TO PARCEL I DESCRIBED ABOVE, SUBJECT TO THE PROVISIONS
OF THE MASTER DECLARATION. THIS EASEMENT SHALL BECOME EFFECTIVE AS
TO EACH OF SAID OTHER PHASES, RESPECTIVELY, UPON (I) RECORDATION OF A
SUPPLEMENTARY DECLARATION, DECLARING SUCH PHASES, RESPECTIVELY, TO
BE SUBJECT TO THE MASTER DECLARATION, AND (II) CONVEYANCE OF THE
FIRST RESIDENTIAL LOT IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET
FORTH IN THE MASTER DECLARATION. THE MASTER ASSOCIATION PROPERTY
REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE DESCRIBED ON
THE SUPPLEMENTARY DECLARATION COVERING EACH SUCH PHASE RECORDED
IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA,
THIS NON-EXCLUSIVE EASEMENT IS FURTHER SUBJECT TO ANY EXCLUSIVE OR
NON-EXCLUSIVE EASEMENTS RESERVED IN THE MASTER DECLARATION AND
THIS GRANT DEED.
THE REAL PROPERTY CONVEYED IN THIS GRANT DEED (THE "PROPERTY") IS
CONVEYED TOGETHER WITH A MEMBERSHIP IN THE TEMECULA LANE
HOMEOWNERS ASSOCIATION ("MASTER ASSOCIATION") AND ACCEPTED
SUBJECT TO THAT CERTAIN MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF THE TEMECULA LANE MASTER COMMUNITY
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY
ON MAY 25, 2007 AS DOCUMENT NO. 2007-0346781 AND ANY AMENDMENT
THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE
RECORDATION OF THIS GRANT DEED ("MASTER DECLARATION") AND A
MEMBERSHIP IN THE REFLECTIONS AND ENCLAVE AT TEMECULA LANE
HOMEOWNERS ASSOCIATION AND ACCEPTED SUBJECT TO THAT CERTAIN
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
REFLECTIONS AND ENCLAVE AT TEMECULA LANE RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF RIVERSIDE COUNTY ON MAY 30, 2007 AS DOCUMENT
NO. 2007-0353199, AND ANY OTHER AMENDMENTS THERETO NOW OF RECORD OR
WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED
("DECLARATION"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE
TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH
HEREIN. AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION AND THE
MASTER DECLARATION, THE PROPERTY IS CONVEYED SUBJECT TO SUCH
EASEMENTS IN FAVOR OF THE ASSOCIATION AND MASTER ASSOCIATION AS ARE
NECESSARY TO PERFORM THE DUTIES AND OBLIGATIONS OF THE ASSOCIATION
AND MASTER ASSOCIATION AND CERTAIN EASEMENTS RESERVED BY GRANTOR.
GRANTEE, IN ACCEPTING THIS GRANT DEED AND THE CONVEYANCE
HEREUNDER, DOES HEREBY AGREE, JOINTLY AND SEVERALLY, FOR THE
BENEFIT OF THE ASSOCIATION AND MASTER ASSOCIATION AND EACH AND
EVERY ONE OF THE OTHER MEMBERS OF THE ASSOCIATION AND MASTER
ASSOCIATION, THAT GRANTEE WILL PROMPTLY, FULLY AND FAITHFULLY
11086-011 1\1135727v3.doc B-10
COMPLY WITH AND CONFORM TO THE DECLARATION AND MASTER
DECLARATION AND THE ARTICLES OF INCORPORATION AND BYLAWS OF THE
ASSOCIATION AND MASTER ASSOCIATION AND THE RULES AND
ARCHITECTURAL GUIDELINES REFERENCED IN THE DECLARATION AND MASTER
DECLARATION. IN PARTICULAR, GRANTEE DOES HEREBY AGREE, JOINTLY AND
SEVERALLY, PROMPTLY TO PAY IN FULL ANY DUES, FEES OR ASSESSMENTS
LEVIED BY THE ASSOCIATION AND MASTER ASSOCIATION ON THE
MEMBERSHIPS CONVEYED HEREBY. THE OBLIGATIONS OF GRANTEE HEREIN SET
FORTH SHALL BE COVENANTS RUNNING WITH THE PROPERTY IT BEING
UNDERSTOOD THAT SAID MEMBERSHIP IN THE ASSOCIATION AND MASTER
ASSOCIATION AND THE OBLIGATIONS THEREOF, WILL AUTOMATICALLY PASS
TO GRANTEE'S SUCCESSOR IN TITLE IN THE PROPERTY OR OTHERWISE, AND
SHALL BE BINDING UPON THE GRANTEES ABOVE NAMED, THEIR HEIRS,
DEVISEES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS.
THE PROPERTY IS ALSO CONVEYED AND ACCEPTED SUBJECT TO THAT CERTAIN
NOTICE OF NON-ADVERSARIAL PROCEDURES UNDER CIVIL CODE SECTION 9120
SEPTEMBER 6, 2007 AS INSTRUMENT NO. 2007-0567808 OF OFFICIAL RECORDS OF
THE COUNTY RECORDER OF RIVERSIDE COUNTY. CALIFORNIA.
THE GRANTEE HEREIN COVENANTS BY AND FOR ITSELF, HIS HEIRS, EXECUTORS,
ADMINISTRATORS AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR
THROUGH THEM, THAT THERE SHALL BE NO DISCRIMINATION AGAINST OR
SEGREGATION OF, ANY PERSON OR GROUP OF PERSONS ON ACCOUNT OF SEX,
MARITAL STATUS, RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, OR
ANCESTRY IN THE SALE, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE
LAND HEREIN CONVEYED OR THE IMPROVEMENTS THEREON OR TO BE
CONSTRUCTED THEREON, NOR SHALL THE GRANTEE ITSELF OR ANY PERSON
CLAIMING UNDER OR THROUGH THE GRANTEE, ESTABLISH OR PERMIT ANY
SUCH PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH
REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF
TRANSFEREES OR VENDEES IN THE LAND HEREIN CONVEYED OR SUCH
IMPROVEMENTS. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND.
11086-011 1\1135727v3.doc B-11
EXHIBIT "C"
FORM OF REGULATORY AGREEMENT
(Attached.)
11086-0111\1135727v3.doc C-1
KEYSER MARSTON ASSOCIATES
ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT
MEMORANDUM
REAL IS] Al I
To: Luke Watson
Management Assistant
REDEVELOPMENT
,
AFFORDABLE HOUSING
City of Temecula
ECONOMIC DEVELOPMENT
S,\ . 11..,N( IS<"
From: KEYSER MARSTON ASSOCIATES, INC.
A. JERRY KEYSER
TIMUEHYC. KELL1'
KAEE LARLE FUNK
Date: April 29, 2009
DEBBIE M. KERN
ROBERT I. WEIMORL
REED I". KAWAFIARA
Subject: Review of Proposed Affordable Housing Transaction
Lc.:1K1ILJ
Reflections at Temecula Lane
KATHLEEN 11. HEAD
JAh1ES A. RABE
PAUL C. ANDERSON
GREGORY[-). So()-[ 100
I. INTRODUCTION
KEVIN E. ENDS FROM
JULIE L. ROMFY
DENISE BECKERSTAFF
Per your request, Keyser Marston Associates, Inc. (KMA) has reviewed the proposed
DII ,
transaction between the City of Temecula (City) and JHC Acquisitions LLC (Owner), an
GLRALD M. TRIMBLL
affiliate of Jamboree Housing Corporation. It is the KMA understanding that the City will
PAUL MARRA
consider a Purchase and Sale Agreement and Regulatory Agreement (Agreements) that
provide for the following key transaction terms:
• The City will acquire from Continental Residential, Inc. 11 completed townhome units
within the Reflections neighborhood of the Temecula Lane development and reconvey
the townhomes to the Owner for a purchase price of $200,000.
• The Owner agrees to operate the units as rental housing restricted to occupancy by Very
Low Income households for a period of 55 years.
As background, on January 16, 2009, the City issued a Request for Proposals (RFP) for
Ownership and Operation of 11 Affordable Housing Units in the Temecula Lane
Development. Of the six responses received by the City, the Jamboree Housing Corporation
proposal offered the highest purchase price to the City.
You have requested that KMA review the proposed transaction terms and opine whether the
Owner is paying fair market value taking into account the conditions, covenants, and
restrictions imposed by the Agreements with the City.
1660 HOTEL CIRCLE NORTFI, SUITE 716 > SAN DIEGO. CALIFORNIA 92108 > PIIONE: 619 7189500 > FAX: 619 7189508
09063ndh
W W W. K EYS E RM A RSTON.COM 19545.026.017
To: Luke Watson, Management Assistant April 29, 2009
Subject: Review of Proposed Affordable Housing Transaction Page 2
Reflections at Temecula Lane
II. FINDING
It is the KMA conclusion that the 11 townhome units (Development) have a current fair
market value of $177,000 after taking into account the conditions, covenants, and restrictions
imposed by the Agreements with the City.
Under the terms of the proposed Purchase and Sale Agreement, the Owner will pay a
purchase price of $200,000, which exceeds the KMA finding of value by 13%.
III. METHOD OF ANALYSIS
Achievable Rent
The 11 units will be restricted to Very Low Income households, i.e., households earning less
than 50% of Area Median Income (AMI) for 55 years. Based on 2009 income limits from the
State Department of Housing and Community Development (HCD), the maximum gross
monthly rent for a two-bedroom unit at 50% AMI is $726. After deducting a monthly utility
allowance of $160 per unit, the maximum monthly rent that the Owner can charge is $566
per unit (2009 dollars).
Operating Expenses
The Owner will be responsible for all operating expenses, including property management,
maintenance and repairs, reserves, insurance and accounting, lease-up and turnover costs,
property assessments, and other overhead. In addition, the Owner will be responsible for the
monthly Homeowners Association (HOA) dues of $184 per unit per month. KMA estimates
total operating expenses, inclusive of the HOA dues, on the order of $5,000 per unit per year.
Annual NOt
Based on the above assumptions, the Owner can anticipate annual net operating income
(NOI) at stabilization of approximately $16,000, as follows (rounded figures):
Gross Annual Revenue
(Less) Vacancy/Bad Debt
Effective Gross Income (EGI)
(Less) Operating Expenses
Net Operating Income (NOI)
11 units @ $566/month
5% allowance
$5,000/unit/year
$74,700
($3,700)
$71,000
($55,000)
$16,000
09063ndh
19545.026.017
To: Luke Watson, Management Assistant April 29, 2009
Subject: Review of Proposed Affordable Housing Transaction Page 3
Reflections at Temecula Lane
Capitalized Value
The value of the 11 units subject to the City's rent and income restrictions can be determined
based on capitalizing the projected NOI. Recent capitalization rates for multi-family
apartments in Southern California have been in the 5% to 7% range. Using a typical cap rate
of 6%, KMA estimates the total fair market value of the Development, once placed in service,
to be $267,000, as follows:
Projected Annual NOI $16,000
Cap Rate 6.0%
Capitalized Value (rounded) $267,000
Costs Incurred by Owner
Lastly, it is necessary to consider the upfront costs that will be incurred by the Owner to
complete the transaction with the City and place the Development in service. These include:
installation of refrigerators, legal and accounting, operating reserve, marketing and lease-up,
and other start-up costs. On a preliminary basis, KMA estimates these costs to total
$90,000. On this basis, then, the net value of the Development is estimated to be $177,000,
i.e., total value of $267,000 less Owner costs of $90,000.
IV. LIMITING CONDITIONS
The valuation estimates contained in this memorandum assume compliance with the
following assumptions:
1. The analysis contained in this document is based, in part, on data from secondary
sources such as state and local government, planning agencies, real estate brokers, and
other third parties. While KMA believes that these sources are reliable, we cannot
guarantee their accuracy.
2. Any estimates of development costs, and/or income and expense projections, in this
evaluation are based on the best available project-specific data as well as the
experiences of similar projects. They are not intended to be predictions of the future for
the specific project. No warranty or representation is made that any of these estimates or
projections will actually materialize.
3. It has been assumed that the value of the Development will not be impacted by the
presence of any soils, toxic, or hazardous conditions that require remediation.
Additionally, it is assumed that perceived toxic conditions (if any) on surrounding
properties will not affect the value of the Development.
09063ndh
19545.026.017
To: Luke Watson, Management Assistant April 29, 2009
Subject: Review of Proposed Affordable Housing Transaction Page 4
Reflections at Temecula Lane
4. The title of the property is good and marketable; no title search has been made, nor have
we attempted to determine the ownership of the property. The value estimates are given
without regard to any questions of title, boundaries, encumbrances, liens or
encroachments. It is assumed that all assessments, if any, are paid.
5. The Development will be in conformance with the applicable zoning and building
ordinances.
6. Both parties are well informed and well advised and each is acting prudently in what
he/she considers his/her own best interest.
7. The preparer is not required to give testimony or appear in court because of having made
this value estimate with reference to the property in question, unless arrangements have
been made previously.
09063ndh
19545.026.017
ITEM NO. 7
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: May 26, 2009
SUBJECT: Award a Construction Contract for the Citywide Slurry Seal Project FY2008-09,
Paloma Del Sol Area & Temeku Hills Area, Project No. PW09-01
PREPARED BY: Mayra De La Torre, Senior Engineer- CIP
Chris White, Assistant Engineer - CIP
RECOMMENDATION: That the City Council:
Award a construction contract for Project No. PW09-01, Citywide Slurry Seal Project
FY2008-09, Paloma Del Sol Area & Temeku Hills Area, to Pavement Coatings
Company in the amount of $323,817.17.
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $32,381.72 which is equal to 10% of the contract amount.
BACKGROUND: The Citywide Slurry Seal Project FY2008-09, is an annual project that
will utilize a Rubberized Emulsion Aggregate Slurry (REAS) to seal the roadways in the project area
against water intrusion and help protect the asphalt concrete pavement wearing surface. Ideally,
slurry seal is applied every five to seven years to prolong pavement life and delay more costly
rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Slurry
sealing involves cleaning and sealing the existing cracks on the roadway surface, applying the
REAS, and restoring pavement delineation.
On March 24, 2009, the City Council approved the Plans and Specifications and authorized staff to
solicit construction bids. On Tuesday, May 5, 2009, seven bids were opened and publicly read
aloud. The results were as follows:
1.
Pavement Coatings Company
$
323,817.17
2.
American Asphalt South
$
335,489.76
3.
All American Asphalt
$
383,799.00
4.
Roy Allan Slurry Seal Company
$
480,147.07
5.
Doug Martin Contracting Company
$
501,204.98
6.
Valley Slurry Seal
$
523,809.08
7.
Bond Blacktop
$
706,806.25
Staff has reviewed the bids and found Pavement Coatings Company to be the lowest responsible
bidder. Pavement Coatings Company has public contracting experience and has successfully
undertaken similar projects for other public agencies in Southern California.
The Engineer's Estimate for the work was $472,000. The specifications allows for a work schedule
of 30 working days.
FISCAL IMPACT: The Citywide Slurry Seal Project FY2008-09 is funded with General
Fund, Public Works Maintenance budget. Adequate funds are available in Account No. 001-164-
601-5402, Routine Street Maintenance, to cover the requested budget of $356,198.89, which
includes the $323,817.71 contract plus the $32,381.72 contingency.
ATTACHMENTS
1. Slurry Seal List (2 pages)
2. Contract
PW09-01 CITYWIDE SLURRY SEAL PROJECT
STREET
LENGTH
PAVING AREA
MILES
GENERAL PLAN WIDTH C
LASSIFICATION
ASHBURN RD
720.05
28,801.87
0.14
40 L
OCAL
BALATA DR
682.61
27,304.35
0.13
40 L
OCAL
BELLERIVE CT
140.80
5,631.87
0.03
40 L
OCAL
BOGEY WY
165.63
6,625.16
0.03
40 L
OCAL
BRANFORDDR
1,032.81
41,312.33
0.20
40 L
OCAL
BRASSIE LN
2,378.07
95,122.60
0.45
40 L
OCAL
BUNKER DR
1,373.64
64,945.67
0.26
40 L
OCAL
CALA GERONA
833.69
30,012.85
0.16
36 L
OCAL
CALA TORRENTS
1,093.89
39,380.08
0.21
36 L
OCAL
CALLE AVELLA
527.04
18,973.34
0.10
36
LOCAL
CALLE BALAREZA
2,118.69
76,272.67
0.40
36
LOCAL
CALLE BALMEZ
573.43
20,643.63
0.11
36
LOCAL
CALLECABALLOS
1,127.95
40,606.31
0.21
36
LOCAL
CALLE CARABANA
1,069.95
39,238.33
0.21
36
LOCAL
CALLE GALARZA
804.94
28,977.74
0.15
36
LOCAL.
CALLE LONDE
693.42
24,963.28
0.13
36
LOCAL
CALLE MATARO
1,015.74
36,566.80
0.19
36
LOCAL
CALL.E RRAS
582.96
20,986.55
0.11
36
COLLECTOR
CALLE SANDOR
466.47
16,79294
0.09
36
LOCAL
CAMINOALAGON
1,132.45
40,76829
021
36
LOCAL
CAMINO CALIARI
1,307.39
47,066.12
0.25
36
LOCAL
CAMINO CARUNA
1,495.93
53,853.63
0.28
36
LOCAL
CAMINO GALLEGOS
689.02
- 21,204.64
0.11
36
LOCAL
CAMINO HERENCIA
1,402.28
50,482.05
0.27
36
LOCAL
CAMINO MOLNAR
810.35
29,172.74
0.15
36
LOCAL
CAMINORABAGO
1,196.96
43,173.98
0.23
36
LOCAL
CORTEARGENTO
1,13213
40,756.81
021
36
LOCAL
CORTE ASTORGA
46277
16,659.64
. 0.09
36
LOCAL
CORTE CARDOZA
788.08
28,370.76
0.15
36
LOCAL
CORTE CARMONA
1,328.17
47,813.98
0.25
36
LOCAL
CORTE DAVILA
383.32
13,799.44
0.07
36
LOCAL
CORTE OURAZO
303.64
10,931.05
0.06
36
LOCAL
CORTE ESCOBAR
594.87
21,415.22
0.11
36
LOCAL
CORTE GARDANO
767.69
27,636.71
0.15
36
LOCAL
CORTE ILLORA
862.85
31,06265
0.16
36
LOCAL
CORTE LLAMAS
170.14
6,125.02
0.03
36
LOCAL
CORTE SPARKMAN
557.99
20,087.68
0.11
36
LOCAL
CORTE LITNEHMER
47624
17.144.63
0.09
36
LOCAL
CORTE VILLENA
300.87
10,831.39
0.06
36
LOCAL
CRYSTALAIRE DR
2,542.07
101,682.64
0.46
40
NO CLASSIFICATION ASSIGNED
DOG LEG CIR
438.00
17,519.91
0.08
40
LOCAL
DRIVER LN
1,059.82
42,392.72
020
40
LOCAL
EAGLE CT
309.55
12,382.07
0.06
40
LOCAL
FORE WY
188.36
7,534.33
0.04
40
LOCAL
HONORS DR
3,935.34
173,164.73
0.75
44
COLLECTOR
IRON CIR
597.27
23,890.73
0.11
40
LOCAL
LEENAWY
1,507.65
64,275.38
0.29
36
COLLECTOR
LINKS CT
715.68
28,627.19
0.14
40
LOCAL
MASHIE WY
804.62
32,164.62
0.15
40
LOCAL
MCCABE DR
1,914.99
68,939.45
0.36
36
COLLECTOR
MEDINAH WY
1,05426
42,170.23
020
40
LOCAL
NASSAU CT
579.33
23,173.24
0.11
40
LOCAL
NIBLICK RD
1,471.61
58,864.22
H 0.28
40
LOCAL
PIO PICO RD
1,351.09
48,639.26
026
36
COLLECTOR
POINT WOODS CT
543.98
21,759.32
0.10
40
LOCAL
PUTTER CIR
510.42
20,416.96
0.10
40
LOCAL
ROUGH WY
150.19
6,007.74
0.03
40
LOCAL
SOUTHERN HILLS DR
844.16
33,766.45
0.16
40
LOCAL
SPOON CIR
148.61
5,944.60
0.03
- 40
LOCAL
TEE DR -
324.51
14,278.57
0.06
44
COLLECTOR
VARDON DR
1,636.27
65,450.96
0.31
40
LOCAL
VIAALLRIZO
250.01
9,000.22
0.05
36
COLLECTOR
VIA ARIAS
616.71
22,201.5
3 0.12
36
LOCAL
VIA ARNEDO
268.31
9,659.24
0.05
36
LOCAL
VIA BANDE
622.52
22,410.54
0.12
36
LOCAL
VIA MARANO
796.11
28,659.97
0.15
36
LOCAL
VIABONILLA
886.79
31,924.43
0.17
36
LOCAL
VIA CANDELEDA
845.01
30,420.26
0.16
36
LOCAL
VIA CAVALO
296.38
10,669.59
0.06
36
LOCAL
VIA CESARIO
704.39
25,358.02
0.13
36
LOCAL
VIACIRILLO
287.86
10,362.82
0.05
36
LOCAL
VIA CORDARO
260.68
9,384.56
0.05
36
LOCAL
VIA DEANDA
218.33
7,859.89
0.04
36
LOCAL
VIA FLORE
422.26
15,201.19
0.08
36
LOCAL
VIA JASSO
215.92
7,773.03
0.04
36
LOCAL
VIA JUMILLA
806.14
29,020.92
0.15
36
LOCAL
VIA MEJIA
181.16
6,521.93
0.03
36
LOCAL
VIA MONTALBAN
703.88
25,339.72
0.13
36
LOCAL
VIA NAYA
190.39
6,853.86
0.04
36
LOCAL
VIA POLA
184.46
6,640.43
0.03
36
COLLECTOR
VIA RAMOS
286.43
10,311.41
0.05
36
LOCAL
VIA RAZO
186.55
6,715.91
0.04
36
LOCAL
VIA SAJO
185.04
6,661.32
0.04
36
LOCAL
VIA TAMARITE
227.34
8,184.18
0.04
36
COLLECTOR
VIA VELIS
182.99
6,587.50
0.03
36
COLLECTOR
WEDGE WY
490.41
19,616.33
0.09
40
LOCAL
66,430.75
2,507,908.72
12.58
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW09-01
CITYWIDE SLURRY SEAL PROJECT FY 2008-09
THIS CONTRACT, made and entered into the 26th day of May, 2009 by and between
the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and
Pavement Coatings Company, hereinafter referred to as "CONTRACTOR."
WITN ESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named,
mutually agree as follows:
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal,
Performance Bond, Labor and Materials Bond, Plans and Specifications entitled
PROJECT NO. PW09-01, CITYWIDE SLURRY SEAL PROJECT FY 2008-09,
Insurance Forms, this Contract, and all modifications and amendments thereto,
the State of California Standard Plans and Specifications (latest edition), issued
by the California Department of Transportation, where specifically referenced in
the Plans, Special Provisions, and Technical Specifications, and the latest
version of the Standard Specifications for Public Works Construction, including
all supplements as written and promulgated by Public Works Standards, Inc
(hereinafter, "Standard Specifications") as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT
NO. PW09-01, CITYWIDE SLURRY SEAL PROJECT FY 2008-09. Copies of
these Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction
materials, and construction methods for this Contract except as amended by the
General Specifications, Special Provisions, and Technical Specifications for
PROJECT NO. PW09-01, CITYWIDE SLURRY SEAL PROJECT FY 2008-09.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be
used in lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms,
but not in complete detail, it is understood that the item is to be furnished and
installed completed and in place and that only the best general practice is to be
used. Unless otherwise specified, the CONTRACTOR shall furnish all labor,
materials, tools, equipment, and incidentals, and do all the work involved in
executing the Contract.
The Contract Documents are complementary, and what is called for by anyone
shall be as binding as if called for by all. Any conflict between this Contract and
any other Contract Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be
performed, shall provide and furnish all the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required for the
following:
PROJECT NO. PW09-01, CITYWIDE SLURRY SEAL PROJECT FY 2008-09
All of said work to be performed and materials to be furnished shall be in strict
accordance with the Drawings and Specifications and the provisions of the
Contract Documents hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed under the direction and
supervision, and subject to the approval of CITY or its authorized
representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be
done, the sum of: THREE HUNDRED TWENTY-THREE THOUSAND EIGHT
HUNDRED SEVENTEEN DOLLARS and SEVENTEEN CENTS 323,817.17),
the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed Thirty
(30) working days, commencing with delivery of a Notice to Proceed by CITY.
Construction shall not commence until bonds and insurance are approved by
CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council,
except that the City Manager is hereby authorized by the City Council to make,
by written order, changes or additions to the work in an amount not to exceed the
contingency as established by the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall
submit to the Engineer a schedule of values allocated to the various
portions of the work, prepared in such form and supported by such data
to substantiate its accuracy as the Engineer may require. This schedule,
as approved by the Engineer, shall be used as the basis for reviewing the
CONTRACTOR's payment requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty
(30) days after submission of a payment request to the CITY, the
CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the
value of the work completed according to the bid schedule. Payment
request forms shall be submitted on or about the thirtieth (30th) day of
each successive month as the work progresses. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made sixty
(60) days after acceptance of final payment and the CONTRACTOR filing
a one-year Warranty and an Affidavit of Final Release with the CITY on
forms provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by
law, accompanied by a certificate signed by the City Manager, stating that
the work for which payment is demanded has been performed in
accordance with the terms of the Contract, and that the amount stated in
the certificate is due under the terms of the Contract. Partial payments on
the Contract price shall not be considered as an acceptance of any part of
the work.
D. Interest shall be paid on all undisputed payment requests not paid within
thirty (30) days pursuant to Public Contracts Code Section 20104.50.
Public Contract Code Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public
Works Construction and Section 9203 of the Public Contract Code, a
reduction in the retention may be requested by the Contractor for review
and approval by the Engineer if the progress of the construction has been
satisfactory, and the project is more than 50% complete. The Council
hereby delegates its authority to reduce the retention to the Engineer.
7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with
Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay
to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar
day completion is delayed beyond the time allowed pursuant to Paragraph 4 of
this Contract. Such sum shall be deducted from any payments due to or to
become due to CONTRACTOR. CONTRACTOR will be granted an extension of
time and will not be assessed liquidated damages for unforeseeable delays
beyond the control of, and without the fault or negligence of, the CONTRACTOR
including delays caused by CITY. Within ten (10) calendar days of the
occurrence of such delay, CONTRACTOR shall give written notice to CITY.
Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR
shall provide written documentation sufficient to support its delay claim to CITY.
CONTRACTOR'S failure to provide such notice and documentation shall
constitute CONTRACTOR'S waiver, discharge, and release of such delay claims
against CITY.
8. WAIVER OF CLAIMS. On or before making each request for payment under
Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for
compensation as to work related to the payment. Unless the CONTRACTOR
has disputed the amount of the payment, the acceptance by CONTRACTOR of
each payment shall constitute a release of all claims against the CITY related to
the payment. CONTRACTOR shall be required to execute an affidavit, release,
and indemnity agreement with each claim for payment.
9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general
prevailing rate of per diem wages and the general rate for holiday and overtime
work in this locality for each craft, classification, or type of workman needed to
execute this Contract, from the Director of the Department of Industrial Relations.
These rates are available from the California Department of Industrial Relation's
Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of
such wage rates at the job site and shall pay the adopted prevailing wage rates
as a minimum. CONTRACTOR shall comply with the provisions of Section
1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall
forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or
portion thereof, for each laborer, worker, or mechanic employed, paid less than
the stipulated prevailing rates for any work done under this Contract, by him or by
any subcontractor under him, in violation of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of
construction or in preparing or delivering materials to the site shall be at the risk
of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold
harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees,
and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly
or indirectly out of the obligations herein undertaken or out of the operations
conducted by CONTRACTOR, save and except claims or litigations arising
through the sole active negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY
for any and all costs incurred by the CITY as a result of Stop Notices filed against
the project. The CITY shall deduct such costs from Progress Payments or final
payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees,
agents, or representatives has offered or given any gratuities or promises to
CITY's employees, agents, or representatives with a view toward securing this
Contract or securing favorable treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or
marriage relationship, and that he is not in any way associated with any City
officer or employee, or any architect, engineer, or other preparers of the
Drawings and Specifications for this project. CONTRACTOR further warrants
that no person in its employ has been employed by the CITY within one year of
the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by
this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating
that all workmen and persons employed, all firms supplying materials, and all
subcontractors upon the Project have been paid in full, and that there are no
claims outstanding against the Project for either labor or materials, except certain
items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the
laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has
knowledge that any actual or potential labor dispute is delaying or threatens to
delay the timely performance of the Contract, CONTRACTOR shall immediately
give notice thereof, including all relevant information with respect thereto, to
CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such
part thereof as may be engaged in the performance of this Contract, shall at all
reasonable times be subject to inspection and audit by any authorized
representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and
its authorized representatives during manufacture and construction and all other
times and places, including without limitation, the plants of CONTRACTOR and
any of its suppliers. CONTRACTOR shall provide all reasonable facilities and
assistance for the safety and convenience of inspectors. All inspections and
tests shall be performed in such manner as to not unduly delay the work. The
work shall be subject to final inspection and acceptance notwithstanding any
payments or other prior inspections. Such final inspection shall be made within a
reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it
will not, discriminate in its employment practices on the basis of race, creed,
religion, national origin, color, sex, age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws
of the State of California shall govern the rights, obligations, duties and liabilities
of the parties to this Contract and also govern the interpretation of this Contract.
Any litigation concerning this Contract shall take place in the municipal, superior,
or federal district court with geographic jurisdiction over the City of Temecula. In
the event of litigation between the parties concerning this Contract, the prevailing
party as determined by the Court, shall be entitled to actual and reasonable
attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of
Temecula or of a local public body shall have any interest, direct or indirect, in
the contract or the proceeds thereof during his/her tenure or for one year
thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge
that no board member, officer or employee of the City of Temecula has any
interest, whether contractual, non-contractual, financial or otherwise, in this
transaction, or in the business of the contracting party other than the City of
Temecula, and that if any such interest comes to the knowledge of either party at
any time, a full and complete disclosure of all such information will be made, in
writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 (commencing with Section 1090)
or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the
Contractor is in total compliance with the Americans with Disabilities Act of 1990,
Public Law 101-336, as amended.
22. WRITTEN NOTICE. Any written notice required to be given in any part of the
Contract Documents shall be performed by depositing the same in the U.S. Mail,
postage prepaid, directed to the address of the CONTRACTOR as set forth in the
Contract Documents. and to the CITY addressed as follows:
Mailing Address:
Street Address:
Greg Butler
Greg Butler
Director of Public Works
Director of Public Works
City of Temecula
City of Temecula
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
Temecula, CA 92590-3606
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
on the date first above written.
DATED:
CONTRACTOR
Pavement Coatings Company
10240 San Sevaine Way
Mira Loma, Ca. 90630
(714) 826-3011
By:
Doug Ford
President
By:
Print or type NAME
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED: CITY OF TEMECULA
By:
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ITEM NO. 8
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: May 26, 2009
SUBJECT: Water System Grant Deed and Water System Construction Agreement with
Rancho California Water District for Water Facilities Associated with Pechanga
Parkway Ph II Street Improvements; PW99-11
PREPARED BY: Amer Attar, Principal Engineer - CIP
Mayra De La Torre, Senior Engineer- CIP
RECOMMENDATION: That the City Council:
1. Approve a Water System Grant Deed with Rancho California Water District thereby
transferring all rights, title and interests on specific portions of the water system
improvements to be constructed as part of Pechanga Parkway Ph II Street Improvements to
the District and authorize the City Manager to execute the Deed.
2. Approve a Water System Construction Agreement with Rancho California Water
District (RCWD) and authorize the City Manager to execute the Agreement.
BACKGROUND: On April 22, 2008, the City Council awarded a construction contract for
the Pechanga Parkway Phase II Street Improvement Project, PW99-11 (Federal Project No. PLHL-
5459(014)). This project is under construction and will widen Pechanga Parkway to its ultimate width
from Temecula Parkway to Pechanga Road. More specifically, this project includes asphalt
pavement, curb & gutter, sidewalk, landscaped medians, minor drainage facilities, waterline, traffic
signals and striping for easier access to and from Redhawk, Wolf Creek and the Pechanga Casino.
Two (2) - 2" service laterals (for Points of Connections A and B) are required to be installed under
the contract and will tie into RCWD facilities. Point of Connection A is along the east side of
Pechanga Parkway, just south of Loma Linda Road. Point of Connection B is along the north side of
Wolf Creek Drive South, just east of Pechanga Parkway. As a requirement of new development and
a prerequisite to obtaining water service, RCWD requires the City to execute a Water System Grant
Deed and an Agreement for any portion of the water facilities constructed by the new development
to be owned and maintained by RCWD.
The purpose of the Water System Grant Deed is to transfer all rights, title, and interest in the water
improvements constructed as part of this project and designated to become part of the District's
water conveyance system. The Water System Construction Agreement establishes the obligations
and responsibilities of the City and RCWD relative to our proposed changes to their water system
and outlines how water service will be provided to the Pechanga Parkway Ph II Street Improvements
project.
FISCAL IMPACT: None.
ATTACHMENTS:
1. Water System Grant Deed
2. Water System Construction Agreement
[Project No.: 111500 J
WATER SYSTEM GRANT DEED
FOR VALUABLE CONSIDERATION paid and received,
City of Temecula ("Developer") hereby grant(s) to
Rancho California Water District all rights, title, and interest in the water system improvements
for the entire domestic water system facilities for the development referenced with records of
the County of Riverside, State of California as Pechanga Parkway and Wolf Creek Drive
South - Public Right-of-Ways , and agrees to indemnify the District for any and all claims,
liens, causes of action, or any type of liability arising from or in any way related to the
construction of said facilities.
Said water system improvements are shown in detail on the construction drawings (sheet
3 of 9 [E15631 and sheet 3 of 4 fE12861) for said development. See attached Exhibits "A" and
"B." This Grant Deed is in accordance with Section 6 of the Water System Agreement between
Rancho California Water District and the City of Temecula , dated
May 26, 2009, and is effective upon Developer providing the Unconditional Lien Waiver and
Release and upon filing of the Notice of Completion by the District for the aforementioned
water system improvements.
SELLERS, on behalf of his heirs, executors, and administrators, covenants and agrees to
warrant and defend this sale of property, goods, and chattels against all and every persons
claiming the same.
SIGNED AND SEALED this day of
(SEAL AND NOTARIAL
ACKNOWLEDGMENT OF DEED)
Principal (SEAL)
Name: Shawn D. Nelson
Title: City Manager
Signature:
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved as to Form:
Peter M. Thorson, City Attorney
Administration Committee 11/25/08 APPENDIX CIS"
EXHIBIT "A"
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EXHIBIT °B°
RANCHO CALIFORNIA WATER DISTRICT
OF RIVERSIDE COUNTY
WATER / SEWER SYSTEM CONSTRUCTION AGREEMENT
(DEVELOPER INITIATED/CONTRACTOR INSTALLED)
THIS AGREEMENT is made on this 26 day of May 20,09 , by and between RANCHO
CALIFORNIA WATER DISTRICT OF RIVERSIDE COUNTY, a public agency of the State of California,
hereinafter designated as the "District" and City of Temecula located at
43200 Business Park Dr. Temecula Ph. No. (951) 694-641 represented by
Public Works Dept. hereinafter designated as the "Developer".
WHEREAS, Developer is planning a development of 2 lot(s) located within the
development referenced within records of the County of Riverside, State of California, as:
Pechanea Pkwy & Wolf Creek Dr So - Public Right of Way sand is further identified on
the map attached to and made a part of this Agreement ("Development"), as more particularly described in
Exhibit "A;" and
WHEREAS, the Development will require a water/sewer distribution system to provide domestic
water/sewer service ("Service") to the Development referenced above ("System Facilities") as more particularly
described in Exhibit "B;" and
WHEREAS, Developer is desirous of having the District provide Service to the Development and is
willing to convey the System Facilities to the District after the construction thereof, contingent upon the
District's acceptance of such conveyance on the terms and conditions set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. District agrees to provide Service to the Development in compliance with its applicable rules,
regulations, ordinances, and orders when, and if, Developer has complied with the terms and conditions
contained herein, and any additional terms and conditions required for the provision of Service as set forth in
the District's rules, regulations, ordinances, and orders.
2. Developer agrees to engineer/design and undertake any environmental review required for the
System Facilities necessary for the Development in accordance with the following terms and conditions:
APPENDIX "N"
Administration Committee 11/25/08
A. Developer will cause System Facilities to be designed at its expense by a qualified
Engineer. Developer's Engineer shall be currently licensed by the State of California as a Civil
Engineer.
B. The System Facilities for the Development will be designed in full compliance with
all applicable rules, regulations, ordinances, and orders including the District's Water and/or Sewer
System Facility Requirements and Design Guidelines (Latest Version).
C. The Developer's design plans, drawings, and/or incidental design documentation
shall be reviewed by District personnel for conformance with applicable guidelines referenced in
paragraph "B," above. Upon District approval, the design plans/drawings will become construction
drawings ("Drawings").
D. The entire cost of the design of the System Facilities shall be paid by the Developer.
The Developer shall reimburse the District for all labor, equipment, and materials associated with the
review and completion of Developer's design work. Such costs may include, but are not limited to: (1)
design documentation review, (2) Drawings review and approval, (3) cost to conduct or procure special
studies or analysis, and (4) costs relating to environmental review.
E. Developer shall provide the District with a copy of any and all documents prepared
in compliance with the laws of the State of California and the United States, including but not limited
to, the California Environmental Quality Act ("CEQA"), California Public Resources Code section
21000 et seq., ("Environmental Laws") and previously utilized to obtain approvals for the Developer's
Development. Sufficiency of environmental review for the System Facilities shall be determined by
the District, in its sole discretion. In the event that the District or Developer determines that additional
environmental review is necessary for the System Facilities, all fees and costs to prepare this additional
environmental review shall be borne solely by the Developer. Notwithstanding the foregoing,
Developer shall be responsible for complying with all Environmental Laws and shall indemnify and
save harmless the District from any and all claims or actions arising from Developer's failure to
comply with any Environmental Laws.
F. Upon District request, Developer shall provide the District with a copy of all
conditions of approval for the Developer's Development as determined and stated by all other
regulatory agencies from which the Developer has applied for or obtained approval for construction of
any part of aspect of the Developer's Development.
APPENDIX "N"
Administration Committee 11/25/08
3. Developer agrees to construct the System Facilities necessary for the Development in
accordance with the following terms and conditions:
A. Developer will cause System Facilities to be constructed as shown on the District
approved Drawings, at its sole cost and expense, by a qualified California licensed contractor
("Developer's Contractor"). Developer's Contractor shall be currently licensed by the State of
California with either a specialty contractor, "C-34," pipeline license or a General Engineering
Contractor, "A" license. Developer's Contractor shall be experienced in the construction of domestic
water/sewer systems, as the case may be, and shall have been reviewed by the District and approved by
the District as a qualified contractor before the contract between Developer and Developer's
Contractor is signed and construction begins. Developer shall obtain all necessary approvals and
permits, and shall execute or obtain any necessary easements, using the District's form Grant of
Easement, for the System Facilities.
B. The System Facilities will be constructed and installed in full compliance with all
applicable laws and regulations, and pursuant to the rules, regulations, ordinances, and orders of the
District including, but not limited to, District's Standard Specifications and Standard Drawings for
Water and Sanitary Sewer Facilities (Latest Version).
C. Drawings for the System Facilities shall be approved by District prior to the
presentation thereof to contractors for bidding purposes and the System Facilities shall be constructed
and installed in full compliance with said approved Drawings and District standard specifications
referenced in paragraph "B" above ("Specifications").
D. The entire cost of the construction of the System Facilities shall be paid by the
Developer. Such construction shall be inspected by District personnel for conformance with the
Specifications and approved Drawings. The inspection by the District of the construction for
conformance with the Specifications and approved Drawings shall not be deemed to confer liability on
the District or otherwise place the responsibility for properly constructing and inspecting the System
Facilities upon the District. The Developer shall permit the District's inspector to enter the
construction site at any reasonable time. The Developer shall reimburse District for all labor,
equipment and materials associated with the inspection, approval, and completion of the System
Facilities. Such costs may include, but are not limited to: (1) site inspection, (2) costs to conduct or
procure special studies or analysis, (3) material and equipment submittal review, and (4) costs relating
to environmental review.
APPENDIX "N"
Administration Committee 11/25/08
E. The District is not responsible and does not own the System Facilities until they are
inspected and approved by the District, all fees and charges associated with the construction of the
System Facilities and/or other fees and charges owed by Developer to the District are paid in full, the
Unconditional Lien Waiver and Release and the System Facilities Grant Deed are executed and
accepted by the District. Until such time, Developer is responsible for the System Facilities and is
liable for all damage to said facilities. The Developer shall indemnify District, its governing board,
officers, and employees for any and all claims of any kind relating to the construction of the System
Facilities incurred prior to the District's acceptance of said facilities.
F. All existing District facilities shall be protected in place. Any damaged District
facilities shall be replaced or repaired by Developer at the Developer's sole cost and expense, and to
the satisfaction of District.
G. Following the District's inspection of the System Facilities, the District shall inform
Developer of work necessary to complete the System Facilities or remedy any deficiencies in order for
the District to approve and accept said facilities. Developer shall promptly and at no cost to District
perform the work according to the District's instructions. Developer shall guarantee the System
Facilities for a period of one (1) year following the date of acceptance of the System Facilities by the
District, and shall promptly and at no cost to District perform work necessary to remedy any deficiency
in the work according to the District's instructions. Should Developer fail to promptly perform any
work required under this subsection, Developer shall, on demand, pay all costs incurred by the District
as necessary to complete construction or remedy any deficiency, including the applicable hourly rate
for an inspector for such time as may be required, as determined by the District, to inspect the
construction of the facilities. Said rate shall be that which is applicable at the time of actual
inspection. The inspector shall work under the supervision of the District, and shall provide inspection
until the System Facilities are accepted and approved as stated herein. The Performance Bond required
pursuant to this Agreement shall be effective during the one-year guarantee period.
4. Construction shall not begin until District issues the "Notice to Proceed." Prior to District
issuing "Notice to Proceed," Developer shall submit the following:
A. Copy of contract between Developer and Contractor verifying cost of System
Facility construction.
B. Certification of streets to final grade.
C. Encroachment permit.
D. Certificates of insurance for Developer's Contractor and all subcontractors. The
Contractor shall carry general liability, automotive liability, and Workers' Compensation insurance,
which shall list the District, its governing board, officers, and employees as additional insureds, in such
APPENDIX "N"
Administration Committee 11/25/08
form and amounts as noted in Section 9 of the General Provisions of the District's Standard
Specifications and Standard Drawin s for Water and Sanitary Sewer Facilities (Latest Version).
E. Systems Facilities Securi ty.
i. Subject to the satisfaction of the District's General Counsel, Developer shall
provide or shall cause the Developer's Contractor to provide, security for the faithful
performance of the System Facilities and the warranty period, in form of a cash
deposit, a performance bond, an irrevocable and unconditional letter of credit, an
agreement for certificate of deposit, or a segregated construction account, only on
forms acceptable to the District and listing the District as obligee, if applicable. The
security for faithful performance of the Systems Facilities shall be in an amount
equal to 100% of the construction contract(s) amount(s) of the System Facilities and
shall be held during the construction period and the one-year warranty period.
However, the security may be reduced to 10% for the one-year warranty period upon
the written request of the Developer and concurrence of the District. Payments or
releases of part of the security for faithful performance may be authorized by the
District Engineer to be made by the financial institution or the District to Developer
after Developer's Engineer has submitted a list of completed improvements or related
work to the District Engineer and the District Engineer has inspected and approved
in writing such payment or release for such improvements or related work. The one-
year warranty period will begin upon the date of the acceptance of the System
Facilities by the District.
ii. If a performance bond is submitted as security, the performance bond must
be provided by an admitted surety insurer, as defined in Code of Civil Procedure
Section 995.120, authorized to do business in the State of California and satisfactory
to the District. Bonds executed in favor of the city or county for the work which
meet the requirements of this Section shall be acceptable in satisfaction hereof only
if all such bonds expressly list the District as a co-obligee thereunder.
F. Developer is aware of the requirements of California Labor Code Sections 1720 et
seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" projects. If the requirements of this Agreement are performed
as part of an applicable "public works" project, as defined by the Prevailing Wage Laws, and if the
total compensation is $1,000 or more, Developer agrees to fully comply with such Prevailing Wage
Laws, if applicable. Developer shall defend, indemnify and hold the District, its elected officials,
APPENDIX "N"
Administration Committee 11/25/08
officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or
interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall
be mandatory upon the Developer and Developer's Contractor and all subcontractors to comply with
all California Labor Code provisions, which include, but are not limited to, prevailing wages,
employment of apprentices, hours of labor, and debarment of contractors and subcontractors.
5. The District will provide construction water and fire protection to the Development after the
Contractor has completed all items on the District Inspector's Construction Deficiency List, evidence has been
submitted indicating city/county acceptance of compaction, acceptable hydrostatic and bacteriological test
results have been obtained, and any remaining inspection fees are paid in full.
6. The District will provide drop-in meters to the development and file a Notice of Completion
after the following has been submitted:
A. Drop-in Meter Application and all related meter installation and connection fees.
B. Unconditional Lien Waiver and Release for waterline or sewer construction, as
applicable.
C. A Grant Deed executed by Developer vesting title of said System Facilities to the
District. The Grant Deed must be on District form and vests title only after the District files the Notice
of Completion. In the event water rights are appurtenant to the development, Developer shall also
grant said water rights to the District on District form, if applicable.
D. An Agency Agreement will be required for each parcel if there is not a current
Agency Agreement recorded against the property. The Agency Agreement gives the District the right
of management of the groundwater resource to the District, for the benefit of all District customers.
7. At District's option, the terms and conditions of this Agreement will become null and void and
District will have no further obligations hereunder in the event the construction of the System Facilities covered
herein has not commenced within 12 months of the date of this Agreement. In the event construction has not
been accepted by District within 24 months of the date of this Agreement, this Agreement and any other related
System Facility requirements must then be revised to include any new conditions and to cover all increased
costs, including any new fees and charges which may be in effect at that time. No further work will be
permitted until all provisions of this paragraph have been fulfilled.
APPENDIX "N"
Administration Committee 11/25/08
8. Developer agrees to hold the District free and harmless from any expense or liability resulting
from the construction or installation of the System Facilities, and further agrees that Developer will indemnify
the District, its governing board, officers, and employees free and harmless from and against any and all.
liabilities for death, injury, loss, or damage to persons or property which may arise before, after, or during
construction of the System Facilities as a result of any work performed by Developer or on its behalf.
9. Miscellaneous Provisions.
L Venue. In the event of any legal or equitable proceeding to enforce or interpret the
terms or conditions of this Agreement, the Parties agree that venue shall lie only in
the federal or state courts in the County of Riverside, State of California.
ii. Modification. Once executed, this Agreement may not be altered in whole or in part
except by a written modification approved by the Board of Directors of the District
and executed by all the Parties to this Agreement.
iii. Attorney's Fees. In the event any action or proceeding is initiated to challenge,
invalidate, enforce, or interpret any of the terms of this Agreement, the prevailing
Party shall be entitled to all reasonable attorney's fees and costs in addition to any
other relief granted by law. This provision shall apply to the entire Agreement.
iv. Entire Agreement. This Agreement, together with any Exhibits attached hereto or
incorporated herein by reference, contains all representations and the entire
understanding between the Parties with respect to the subject matter of this
Agreement. Any prior correspondence, memoranda, or agreements, whether or not
such correspondence, memoranda, or agreements are in conflict with this Agreement,
are intended to be replaced in total by this Agreement and its Exhibits. Developer
warrants and represents that no District representative has made any oral
representations or oral agreements not contained in this Agreement.
V. Assignment. Developer shall not be entitled to assign or transfer all or any portion
of its rights or obligations contained in this Agreement without obtaining the prior
written consent of the District, which consent shall not be unreasonably withheld.
Any purported assignment without the District's prior written consent shall be void.
vi. Time is of the Essence. Developer warrants that it understands and agrees that time
is of the essence in the performance of the obligations set forth in this Agreement.
APPENDIX "N"
Administration Committee 11/25/08
- - - -
vii. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the
Parties and their respective purchasers, successors, heirs, and assigns.
viii. Unenforceable Provisions. The terms, conditions, and covenants of this Agreement
shall be construed whenever possible to be consistent with all applicable laws and
regulations. To the extent that any provision of this Agreement, as so interpreted, is
held to violate any applicable law or regulation, the remaining provisions
nevertheless shall remain enforceable to the extent that they effectuate the original
intent of the Parties.
ix. Representation of Capacity to Contract. Each of the signatories to this Agreement
represents and warrants that he/she has the authority to execute this Agreement on
behalf of the Party represented by that individual.
X. No Waiver. The failure of either Party to enforce any term, covenant, or condition of
this Agreement on the date it is to be performed shall not be construed as a waiver of
that Party's right to enforce this, or any other, term, covenant, or condition of this
Agreement at any later date or as a waiver of any term, covenant, or condition of this
Agreement. In the event that either party shall fail to perform its part of this
Agreement, and suit shall be commenced, or an attorney employed to enforce the
provisions thereof, the party who fails to perform its part of the Agreement agrees to
pay any and all costs involved therein, and to pay a reasonable attorney's fee.
APPENDIX "N"
Administration Committee 11/25/08
10, Whenever in this Agreement notice is required to be given, the same shall be given by
certified mail, postage prepaid, addressed to the respective parties at the following addresses:
To Rancho California Water District:
Rancho California Water District
General Manager
P.O. Box 9017
Temecula, California 92589-9017
To Developer:
City of Temecula
Dirartnr of Puhlir Wnrkc
P.O. Box 9033
Temecula, CA 92589-9033
RANCHO CALIFORNIA WATER DISTRICT
By:
General Manager
Date:
DEVELOPER
Company: City of Temecula
Name: Shawn D. Nelson
Title: City Manager
Date:
Attest:
Susan W. Jones, MMC, City Clerk
Approved as to Form:
Peter M. Thorson, City Attorney
APPENDIX "N"
Administration Committee 11/25/08
EXHIBIT "A"
DESCRIPTION OF DEVELOPMENT
APPENDIX "N"
Administration Committee 11/25/08
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DESCRIPTION OF SYSTEM FACILITIES
APPENDIX "N"
Administration Committee 11/25/08
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ITEM NO. 9
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: May 26, 2009
SUBJECT: Execute a Quitclaim Deed whereby the City grants to Riverside County Flood
Control and Water Conservation District (RCFC&WCD) a drainage easement for
the Leigh Court Storm Drain (Tract Map No. 23209 - Shea Homes Development)
PREPARED BY: Daniel York, City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA EXECUTING THE QUITCLAIM DEED WHEREBY CITY
GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE
EASEMENT FOR LEIGH COURT STORM DRAIN (TRACT MAP
NO. 23209)
BACKGROUND: The Leigh Court Storm Drain, Stage 3 - Project No. 7-0-00303,
has been completed and Riverside County Flood Control & Water Conservation District is
prepared to accept the storm drain for maintenance in accordance with the terms of the
Cooperative Agreement, recorded on December 4, 2001 by the District, the City of Temecula,
and Shea Homes. Pursuant to the Cooperative Agreement, the developer will construct said
facilities and the County Flood Control District will assume ownership and maintenance
responsibility for the storm drain system after satisfactory completion.
Recorded Tract Map 23209 included a drainage easement dedicated to the City on behalf of
Flood Control for said improvements. The City accepted the drainage easement within Lot 221
on behalf of Flood control subject to construction and acceptance of improvements in
accordance with Flood Control standards. Once the improvements are complete, the City is to
convey the drainage easement to the Flood Control District. In order for the District to accept the
storm drain for maintenance the City needs to execute the attached quitclaim deed conveying
the drainage easement to the District. Upon City Council execution of the quitclaim deed the
quitclaim deed will be forwarded to Riverside County Flood Control & Water Conservation
District and County of Riverside Board of Supervisors for their approval. Staff recommends the
execution of the quitclaim deed conveying the easement to the Riverside County Flood Control
and Water Conservation District.
FISCAL IMPACT: The City will be relieved of maintenance responsibility.
ATTACHMENTS:
Resolution No. 2009
Quit Claim Deed and Plat labeled Exhibit "A"
(Original conveyed to Clerk by separate memo)
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA EXECUTING THE QUITCLAIM DEED
WHEREBY CITY GRANTS TO RIVERSIDE COUNTY
FLOOD CONTROL AND {HATER CONSERVATION
DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR
LEIGH COURT STORM DRAIN (TRACT MAP NO. 23209)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, The City Council of the City of Temecula does hereby find,
determine and declare that:
A. The Leigh Court Storm Drain, Stage 3 - Project No. 7-0-00303, was
constructed between Leigh Lane and La Serena Way to convey storm
runoff through Lot 221 of Tract 23209, to the existing storm drain system
in Leigh Lane;
B. An Offer of Dedication for a drainage easement was made by the owners
of Tract 23209 to the City of Temecula on behalf of Riverside County
Flood Control and Water Conservation District (DISTRICT) to
accommodate the construction and maintenance of said storm drain and
accepted by the City at the time of map recordation subject to construction
and acceptance of the improvements in accordance with the DISTRICT;
C. The DISTRICT is prepared to accept the Leigh Court Storm Drain for
maintenance in accordance with the terms of the Cooperative Agreement,
executed on December 4, 2001, by the DISTRICT, the City of Temecula,
and Shea Homes including said drainage easement within Lot 221 of
Tract 23209;
D. Executing the quitclaim deed to convey the drainage easement within Lot
104 of Tract 23209 to the DISTRICT is necessary to comply with the terms
of the Cooperative Agreement and serves the public interests.
WHEREAS, The City Council of the City of Temecula hereby desires to execute
the quitclaim deed all as attached hereto.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Temecula hereby approves the quitclaim deed all as attached hereto and authorizes the
Mayor to execute it on behalf of the City.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of May, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
Recorded at request of, and return to:
Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ NONE
Temecula Valley - Leigh Court SD, Stg 3
Project No.: 7-0-00303
Tract No. 23209 RCFC Parcel No. 7303-506
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF
TEMECULA, a municipal corporation, does hereby remise, release, and forever quitclaim to RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest
in and to the easement situated in the County of Riverside, State of California, described as follows:
The 40-foot wide easement for flood control and maintenance purposes within Lot 221 as shown and
dedicated on Tract Map No. 23209, recorded in Map Book 320, Pages 79 through 97 inclusive, records of
the Recorder's Office, Riverside County, State of California, as shown as Exhibit "A", for reference
purposes only.
CITY OF TEMECULA, a municipal corporation:
Date
ATTESTS:
Susan W. Jones, MMC,
Clerk to the City of Temecula
By:
City Clerk
By:
MARYANN EDWARDS, Mayor
(seal)
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RCFC Parcel No. 7303-506
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the quitclaim deed, dated
from the CITY OF TEMECULA to RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the
undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of
said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its
duly authorized officer.
By:
WARREN D. WILLIAMS
General Manager-Chief Engineer
ITEM NO. 1 0
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: May 26, 2009
SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within
Tract Map No. 23513 (Located at Santiago Road and Cresta Verde Court -
Gallery Homes)
PREPARED BY: Daniel A. York, City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE
CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23513)
BACKGROUND: Tract Map No. 23513 was recorded by the County Recorder on August
28, 2000. The owner dedicated to public use for street and public utility purposes streets
designated as lettered lots on the map. The City Clerk accepted the offers of dedication.
Public Works Staff reviewed and inspected the public improvements and all required repairs and
replacements were satisfactorily completed. However, the one-year Warranty Bond and Labor and
Materials Bond have not been released. The Warranty Bond will be released at the end of the one-
year period in May, 2010. The Labor and Materials Bonds will be released six months into the one-
year warranty period in November, 2009.
The public streets now being accepted by this action are as follows:
Portion of Santiago Road, portions of Creste Verde Court, and Bel Monte Court West
FISCAL IMPACT: Periodic surface and / or structural maintenance will be required
every 5 to 8 years.
ATTACHMENTS: Resolution No. 09 - with Exhibits "A - B" inclusive.
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING CERTAIN PUBLIC
STREETS INTO THE CITY-MAINTAINED SYSTEM
(WITHIN TRACT NO. 23513)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, Tract Map No. 23513 was recorded by the County Recorder at
August 28t", 2000 in which offers of dedication for street and public utility purposes were
accepted by the City of Temecula from Woodbridge Inland Estates II, LLC; and,
WHEREAS, City Public Works Staff reviewed and inspected the public
improvements and all repairs and replacements were satisfactorily completed; and,
WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to
this tract have not been released; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Temecula hereby accepts into the City-Maintained Street System the streets offered to
and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of May, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT "A" TO RESOLUTION NO. 2009 -
Accepting certain public streets offered to and accepted by
the City of Temecula as indicated on Tract Map 23513 into
the City-Maintained Street System as described as follows:
1. Lot "A" (portion of Santiago Road) of said Tract Map No. 23513
2. Lot "B" (portion of Creste Verde Court) of said Tract Map No.
23513
3. Lot "C" (Be[ Monte Court West) of said Tract Map No. 23513
4. Lot "D" (portion of Creste Verde Court) of said Tract Map No.
23513
EXHIBIT "B" TO RESOLUTION NO. 2009-
TRACT MAP 23513
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LOT 5 LOT 7
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LOT 3Q
LOT 2
LOT 1
LOT 10
LOT 11
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ITEM NO. 11
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: May 26, 2009
SUBJECT: Substitute Agreements and Bonds for Public Improvements in Tract Nos. 30264-
4 and 30264-10 (Located within the Wolf Creek Development - Stonebriar)
PREPARED BY: Dan York, City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council:
Accept substitute Subdivision Improvement Agreements and Subdivision Faithful
Performance and Labor & Materials Bonds as security for improvements and labor and
materials for Tract Map Nos. 30264-4 and 30264-10.
2. Authorize the release of the existing Faithful Performance, Labor & Materials, and
Monumentation Bonds for Tract Map Nos. 30264-4 and 30264-10.
3. Direct the City Clerk to so advise the developer and surety.
BACKGROUND: On June 14, 2005, the City Council approved Tract Map Nos.
30264-4 and 30264-10, and entered into Subdivision Improvement Agreements with Wolf Creek
Development, LLC, A California Limited Liability Company. On January 9, 2007, the City Council
approved bond substitutions after Wolf Creek Development, LLC sold the two Tracts to Lennar
Homes of California. Subsequently, Lennar Homes has recently sold the two Tracts to MS Rialto
Wolf Creek, LLC, a Delaware limited liability partnership. As the new owner, MS Rialto Wolf Creek,
LLC has submitted substitute bonds and agreements. The following lists existing securities and
agreements secured by Lennar Homes and posted by Safeco Insurance Company of America to
be released:
Tract 30264-4
Faithful Performance Bond No. 6413412 in the amount of $613,000.
Labor and Materials Bond No. 6413412 in the amount of $307,000.
Tract 30264-10
Faithful Performance Bond No. 6413413 in the amount of $515,000.
Labor and Materials Bond No. 6413413 in the amount of $257,750.
Bond Company Contact:
Safeco Insurance Company of America
330 North Brand Blvd., 10th Floor
Glendale, CA 91203
Attn: Eric Thorsen
Accompanying the agreements submitted by the new owner are the following substitute bonds
posted by Bond Safeguard Insurance Company as follows:
Tract 30264-4
Faithful Performance Bond No. 5035437 in the amount of $613,000.
Labor and Materials Bond No. 5035437 in the amount of $307,000.
Tract 30264-10
Faithful Performance Bond No. 5035436 in the amount of $515,000.
Labor and Materials Bond No. 5035436 in the amount of $257,750.
The Monumentation Bonds have previously been released under separate action.
FISCAL IMPACT: None
ATTACHMENTS:
Project Vicinity Map
Index Map for Tract Map No. 30264-4
Index Map for Tract Map No. 30264-10
TM30264-4 Substitute Subdivision Improvement Agreement (on file)
TM30264-4 Substitute Subdivision Faithful Performance Bond (on file)
TM30264-4 Substitute Subdivision Labor and Material Bond (on file)
TM30264-10 Substitute Subdivision Improvement Agreement (on file)
TM30264-10 Substitute Subdivision Faithful Performance Bond (on file)
TM30264-10 Substitute Subdivision Labor and Material Bond (on file)
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 6 SHEETS
TRACT No. 30264-4
BEING A SUMINSION OF LOT 6 OF TRACT NO. 29305 AS SHONN BY MAP ON FILE IN
BOOK D8. PAGES 36 THROUGH 48. INCLUSIVE, OF MAPS. RECORDS OF RIVERSIDE COUNTY. CAMFOR UA.
HALL k FOREMAN, INC. AUGUST 2004
ENGINEERS NOTES BOUNDARY SURVEY MAP
0 INDICATES FOUND MONUMENT AS NOTED. N
A INDICATES Y LP. " TAG R.C.E. 10500, FLUSH TO BE SET N
PER N. NO. 29]05-1, M.S. 350/65-78.
0 INDICATES 1' I.P. MM TAG R.C.E. 20508. FLUSH TO BE SET
PER Ti. N0. 29305, M.B. }78/35-48.
_ pp 0' 100' 200' 300' 4q TAG PERCTR. NO 302641-8, M.B. h%</ ROSX TO BE SET
w.
O PER M. NO. I.P. 'WITH TAG RCE. 20508, Fl.USH TO BE SET SCALE: 1' = 100'
PER M. N0. ]0164-], M.S. ~/y$_ SEE SHEET 2 FOR BASIS OF BEARINGS.
O INDCATES SET 1' P. WITH TAG R.C.E. 20508, RVSH. MAP LAYOUT SHEET AND VICINITY MAP.
(R1) INDICATES RECORD AND MEASURED DATA PER N. NO, 29305-1,
M.B. 350/65-79.
(R2) INGOA ES R6ECORRD AND MEASURED DATA PER M. NO. 29305,
(R]) INDICATES RECORD AryD MEASURED DATA PER Ti. NO, 30254-8.
M. B. SSS -9- .
(R4) I DDICAATE/E OHO MEASURED DATA PER HL NO. 30264-3.
(R) INDICATES RADIAL BEARING
I' I.P., RUSH, TAGGED RCE 20508 (RIV. CO. TYPE 'A'
MON.) TO BE SET AT LOT CORNERS AND MOLE PANTS IN
LOT LINES, UNLESS OTHER'MSE NOTED.
NAIL AND TAG R.CE. 20508 TO BE SET IN TOP
OF CURB ON THE PRCLONGATON OF THE SIDE
LOT USES AND EC.'S AND B.C.'S PROJECTED
PERPENDICULAR OR RADIAL FROM PROPERTY LINE. /
(RIVERSIDE COUNTY SID. TYPE 'E') '
ALL MONUMENTS SXONN 'SEY SHALL BE SET IN
ACCORDANCE MTH THE MCNUMENTATON AGREEMENT \
FOR THIS MAP, UNLESS OTHERMSE NOTED. ( 52 \J
All MONUMENTS SET PER RIVERSIDE COUNTY
ORDINANCE 461.9. l~ ' ~~.e+g~\
DRAINAGE EASEMENTS SHALL BE KEPI FREE ICN
OF BUILDINGS AND OBSTRUCTIONS ~O ~4n 53 \ S
MIS MAP CONTAINS 1224 ACRES GROSS \O ,,ryp~` p
THIS MAP CONTAINS 8.73 ACRES NET CJ/y
Day 19 \ •rby/R,9Cr
z (56
57 ? 4 5 17 ~'s g
' S EE 4 is '0
58
6 15
14 p~ (OCG
e G •p 8 13 F5 36 1
8 P OQ 9Q
C2 N G 50 49 SF M,yp~e, 9 10 12 QQFQ-'O 37 35
< 48 S 11 GO/ 38 34 'Al
r 1-z \ 47 46y F~ 39 33 4.~' 20
/ei T \
y 4 . \~~0:°+i x 45 40 32 E? 21 \
0 3Q OT 22 '~>~soz-~ 44 31
YRACY No. f *",4, 43 41 e 22 , ry~0
Q 20306 42 30
M.6. 378136-48 23
29
/ 2 10 24 p5 n0 „p.
/ 3 y / ,,~R/~\\\ 28 ' 25
LINE DATA S.
LINE BEARING LENGTH % 6' % /ASJ .k 51 26 ?
L1 N21 'It' 484 R2R3
L2 N281402"E 46.31' R2.R3 Cr / 7 \ \\~jq 27
L} N7314'02' I R2R3
L4 N 1~ '58-W 67
L3 N39171TE .00 ' R2 R3
L6 N4 ' 8"E 52.61 R2 y / 10 °)j. \ \
L7 M37 43 30E 32,57' QR2) c,
L6 N4 ' e 79.14 ' R2
L9 41'37'16"E 8242- R2 11 T `
LIO N391946' 60.00' R2 ~>J
L11 N 1' W 130.00' R3
UP N2106'WE 67.62' R3 1 \
L13 N 14' ' R3
CVRVE
DATA
,y
CT
°2
CURVE
DI
DELTA
7VT51"'
RPDIUS
47000'
INN
58
49R3
A
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00
.
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8S
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50000
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0
SHEET 3 OF 7 SHEETS
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT No. 30264-10
BE' NO A SUBpN510N OF LOT 5 OF TRACT NO. 29305 AS SHOAN By MAP ON FILE
IN BOOK 378. PAGES 36 THROUGH 48, INCLUSIK, OF MAPS, RECORDS OF RIKRSIDE COUNTY, CALIFORNIA.
HALL B FOREMAN, INC. NOVEMBER 2004
ENGINEERS NOTES QQUNDARY SURVEY MAP
0 INDICATES FOUND MONUMENT AS NOTED.
I~ 1
l
l
A INDICATES 1' I.P. YARI TAO R.C.E. 20508. PLUSH TO BE SET
I
\
l
PER TR. NO. 29J05-1. M.B. 350/65-78.
I
❑ INDICATES 1' I.P. MITX TAG R.C.E. 20508, FLUSH TO BE SET
PER TR. NO. 29305. M.B. 3>8/3U-I8.
'
'
'
.
0
4-4 TAB R.C.E. 20508, FLUSH TO BE SET
INDICATES 1 ' LP.
f00
200 300
U
PER
NO, 3026
M.B.
O INDICATES 1'➢, 1NTH TAG R.C E. 20508, RUSH TO BE SET
SCALE: 1' - 100'
PER TR. NO. 30264-8, M.B.355-/-P_-J1.
SEE SHEET 2 FOR BASS OF BEARINGS,
O INDICATES SET I' I.P. WTH TAG R.L.E. 20508, FLUSH
MAP LAYOUT SHEET AND NCINITY MAP.
(RI) INDICATES RECORD AND MEASURED DATA PER M. NO. 29305-I,
M.B. 350/65-78.
(R2) INDICATES RECORD AND MEASURED DATA PER TR. NO. 29305,
M.B. 378/36-48.
IND (ED)
ICATES REEC
ORD
ANND MEASURED DATA PER M. NO. 30264-4,
M DI
CO
~
(114) INDICAIES RECORD
MEASURED DATA PER TR. NO. 30254-8,
C
D
ff
M.B. 7x85)
f
(R) INDICATES RADIAL BEARING
GET 1' I.P., FLUSH, TAGGED FEE 20508 (RIV. CO. TYPE -A'
MON.) AT LOT CORNERS AND ANGLE FONTS IN LOT ONES,
UNLESS OTHERMSE NOTED.
SET NAJL AND TAG R.C.E. 20508 IN TOP OF CURB
ON THE PRMONGAVON OF THE SIDE LOT LINES
AND E.C.'S AND B.C.'S PROJECTED PERPEOICULAR
OR RADIAL FROM PROPERTY UNE. (RIVERSIDE
COUNTY STD. TYPE 'E')
ALL MONUMENTS SHOWN 'SEY SHALL BE SET IN
A'lk
ACCORDANCE MM THE MONUMETAOCN AGREEMENT
fap6
FOR THIS MAP, UNLESS OTXERMSE NOTED.
ALL MONUMENTS GET PER RIVERSIDE COUNTY
\ X20
ORDINANCE 461.9.
0FkNAGE EASEMENTS SHALL BE KEPT FREE
43/
OF BUILDINGS AND OBSTRUCTIONS
MI5 MAP CO4TAIN5 15.55 ACRES GROSS i 1 W
THIS MAP CONTAINS 1259 ACRES NET \Eb, `44 ,Y 4a7az. Ur✓~Nry
Opp, CIR,
cl"
H" \ 4.5 9 10 ry41; ~4.?jf
<q A
46 \ p 11
47 L
48 8 1
9 40\ 7 12 A
lp 50, 6
5
61, 4 SEE T 5 ~o
* 3 Gs. t OOVR~ 14 13 30 31 X32 3 x~~
52 A 2 16 15 29 34 4. G
17 28
EE S 27 p 35 ,
53 K. 18 25 2 / ` , 19 54 ~o 36 `G
24 55 n 9 'A
1a ay 20 21 23 1D> ~PNE 57 56 53 y'Epy 37
E., 52
T'PgC 17
6 22 X60 59 58 50 51 S E 38 >•q~~
o x ~o EE EET 7 39 a A
1902 i5 , 62 48 49 NE 40 ~Tc
v 61 EP
GiG G~~EK 42 41 ,d
36 c\Q"~ 47 QJF~ 44 43
45
46
20 w LO
EASEMENT NOTES
qQ INDICATES CENTERUNE OF 20.00' MDE STORM GRAIN LOT 10
EASEMENT TO CITY OF TEMECUI ON BEHALF OF
RIVERSIDE COUNTY FLOOD CONTROL k WATER
CONSERVATION DISTRICT, FOR CONSTRUCTION AND
MAINTENANCE OF STORM DRAIN FACILITY PURPOSES.
ITEM NO. 12
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: May 26, 2009
SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within
Tract Map No. 31344 (Located at Ynez Road and Rancho Vista Road - Gallery
Homes)
PREPARED BY: Daniel A. York, City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE
CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 31344)
BACKGROUND: Tract Map No. 31344 was recorded by the County Recorder on March
9, 2006. The owner dedicated to public use for street and public utility purposes streets designated
as lettered lots on the map. The City Clerk accepted the offers of dedication.
Public Works Staff reviewed and inspected the public improvements and all required repairs and
replacements were satisfactorily completed. However, the one-year Warranty Bond and Labor and
Materials Bond have not been released. The Warranty Bond will be released at the end of the one-
year period in May, 2010. The Labor and Materials Bonds will be released six months into the one-
year warranty period in November, 2009.
The public streets now being accepted by this action are as follows:
Portion of Ynez Road and Portraits Lane.
FISCAL IMPACT: Periodic surface and / or structural maintenance will be required
every 5 to 8 years.
ATTACHMENTS: Resolution No. 09 - with Exhibits "A - B" inclusive.
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING CERTAIN PUBLIC
STREETS INTO THE CITY-MAINTAINED SYSTEM
(WITHIN TRACT NO. 31344)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, Tract Map No. 31344 was recorded by the County Recorder at
March 20, 2007 in which offers of dedication for street and public utility purposes were
accepted by the City of Temecula from Gallery Portraits Partners, LLC; and,
WHEREAS, City Public Works Staff reviewed and inspected the public
improvements and all repairs and replacements were satisfactorily completed; and,
WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to
this tract have not been released; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Temecula hereby accepts into the City-Maintained Street System the streets offered to
and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of May, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT "A" TO RESOLUTION NO. 2009 -
Accepting certain public streets offered to and accepted by
the City of Temecula as indicated on Tract Map 31344 into
the City-Maintained Street System as described as follows:
Lot "A" (portion of Ynez Road) of said Tract Map No. 31344
2. Lot "B" (portion of Ynez Road) of said Tract Map No. 31344
3. Lot "C" (Portraits Lane) of said Tract Map No. 31344
EXHIBIT "B" TO RESOLUTION NO. 2009-
TRACT MAP 31344
_ W010 11NM _ ROAD
I T~-i0T 12
_ [OT 1
i
10T2
g
O
10T3
Q
~
O
10T4
I
Q
o
a
10T5
~
0
V
i
i 10T6 /
LOT
11 10T °C" /
PORTR IN LANE
i
i LOT7
LOT9 1018
10T 10
m
V
NO SCALE
VICINITY MAP
ITEM NO. 13
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: May 26, 2009
SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within
Tract Map No. 34820 (Located at Santiago Road and Cresta Verde Court -
Gallery Homes)
PREPARED BY: Daniel A. York, City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE
CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 34820)
BACKGROUND: Tract Map No. 34820 was recorded by the County Recorder on March
20, 2007. The owner dedicated to public use for street and public utility purposes streets
designated as lettered lots on the map. The City Clerk accepted the offers of dedication.
Public Works Staff reviewed and inspected the public improvements and all required repairs and
replacements were satisfactorily completed. However, the one-year Warranty Bond and Labor and
Materials Bond have not been released. The Warranty Bond will be released at the end of the one-
year period in May, 2010. The Labor and Materials Bonds will be released six months into the one-
year warranty period in November, 2009.
The public streets now being accepted by this action are as follows:
Bel Monte Court East, portion of Santiago Road, and portion of Creste Verde Court
FISCAL IMPACT: Periodic surface and / or structural maintenance will be required
every 5 to 8 years.
ATTACHMENTS: Resolution No. 09 - with Exhibits "A - B" inclusive.
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING CERTAIN PUBLIC
STREETS INTO THE CITY-MAINTAINED SYSTEM
(WITHIN TRACT NO. 34820)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, Tract Map No. 34820 was recorded by the County Recorder at
March 20, 2007 in which offers of dedication for street and public utility purposes were
accepted by the City of Temecula from Gallery Reserve Partners, LLC; and,
WHEREAS, City Public Works Staff reviewed and inspected the public
improvements and all repairs and replacements were satisfactorily completed; and,
WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to
this tract have not been released; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Temecula hereby accepts into the City-Maintained Street System the streets offered to
and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of May, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT "A" TO RESOLUTION NO. 2009 -
Accepting certain public streets offered to and accepted by
the City of Temecula as indicated on Tract Map 34820 into
the City-Maintained Street System as described as follows:
1. Lot "A" (Bel Monte Court East) of said Tract Map No. 34820
2. Lot "B" (portion of Santiago Road) of said Tract Map No. 34820
3. Lot "C (portion of Cresta Verde Court) of said Tract Map No.
34820
EXHIBIT "B" TO RESOLUTION NO. 2009-
PARCEL MAP 34820
I
o / I
Y -
~ yFnr.,
PARCEL I
Nr
PARCEL 2
/
1 PARCEL 4 PARCEL 3
y
I
I :1
mr T, A
S q G O R
ANT I
PROJECT SITE
~ .C'4NT/gC0 RDpD Pq
DE
T ht7ECU1~
VICINITY MAP
NO SCALE
ITEM NO. 14
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Aaron Adams, Assistant City Manager
DATE: May 26, 2009
SUBJECT: Opposition to Proposals by the State of California to Borrow Funds from Local
Government and Opposition to the Adoption of Any Additional Unfunded
Mandates
PREPARED BY: Tamra Middlecamp, Senior Management Analyst
RECOMMENDATION: That the City Council:
Oppose any action by the State of California to borrow funds from local government but
specifically the proposed plan announced on May 5, 2009 to borrow property tax funds.
2. Oppose any additional unfunded mandates imposed through legislation by the State of
California.
3. Direct staff to prepare a letter of opposition to be sent to the Governor and local
legislators and coordinate other lobbying actions with the League of California Cities.
4. Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA FINDING A SEVERE FISCAL HARDSHIP WILL EXIST
IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED
AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY
THE STATE OF CALIFORNIA
BACKGROUND: On May 5, 2009, the Department of Finance announced it had
proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities,
counties and special districts to balance the state budget, causing deeper cuts in local public safety
and other vital services. In order to start that process, the Governor would have to issue a
proclamation declaring the existence of a "severe financial hardship." The legislature would then
have to implement the "borrowing" program by passing urgency legislation, requiring a two-thirds
vote, which identifies how the "loan" will be repaid with interest
The potential fiscal impact to the City of Temecula is estimated at $1,783,736. This type of budget
reduction would greatly impact the City's ability to continue to fund public safety, roads, parks, and
many other vital services. "Loans" of local government funds are irresponsible. Unlike budget cuts
or tax increases, "loans" will only worsen the state's structural deficit. Also, "loans" could do serious
damage to some cities who are already facing seriously reduced revenues.
It is imperative that a strong message be sent to the legislature about these concerns. Cities and
Counties cannot pay for the State's budget problems. The State needs to fix their budget problem
on their own with their own funds and not just prolong the current problem.
The League of California Cities is encouraging all cities to take a very aggressive approach to
fighting the State's proposal to "borrow" funds from local government.
FISCAL IMPACT: Potential fiscal impact of borrowing annually is estimated at
$1,783,736.
ATTACHMENTS: Estimated FY09-10 Impacts of the State Dept of Finance Draft
Proposed Local Property Tax Borrowing Under Proposition 1A (2004)
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA FINDING A SEVERE FISCAL HARDSHIP
WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX
FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED
MANDATES ARE ADOPTED BY THE STATE OF
CALIFORNIA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, the current economic crisis has placed cities under incredible
financial pressure and caused city officials to reopen already adopted budgets to make
painful cuts, including layoffs and furloughs of city workers, decreasing maintenance
and operations of public facilities, and reductions in direct services to keep spending in
line with declining revenues; and
WHEREAS, since the early 1990s the state government of California has seized
over $8.6 billion of city property tax revenues statewide to fund the state budget even
after deducting public safety program payments to cities by the state; and
WHEREAS, in FY 2007-08 alone the state seized $895 million in city property
taxes statewide to fund the state budget after deducting public safety program
payments and an additional $350 million in local redevelopment funds were seized in
FY 2008-09: and
WHEREAS, the most significant impact of taking local property taxes has been to
reduce the quality of public safety services cities can provide since public safety
comprises the largest part of any city's general fund budget; and
WHEREAS, in 2004 the voters by an 84% vote margin adopted substantial
constitutional protections for local revenues, but the legislature can still "borrow" local
property taxes to fund the state budget; and
WHEREAS, on May 5 the Department of Finance announced it had proposed to
the Governor that the state "borrow" over $2 billion in local property taxes from cities,
counties and special districts to balance the state budget, causing deeper cuts in local
public safety and other vital services; and
WHEREAS, in the past the Governor has called such "borrowing" proposals
fiscally irresponsible because the state will find it virtually impossible to repay and it
would only deepen the state's structural deficit, preventing the state from balancing its
budget; and
WHEREAS, the Legislature is currently considering hundreds of bills, many of
which would impose new costs on local governments that can neither be afforded nor
sustained in this economic climate: and
WHEREAS, state agencies are imposing, or considering, many regulations
imposing unfunded mandates on local governments without regard to how local
agencies will be able comply with these mandates while meeting their other
responsibilities; and
WHEREAS, the combined effects of the seizure of the City's property taxes,
increasing unfunded state mandates, and the revenue losses due to the economic
downturn have placed the city's budget under serious fiscal pressure; and
WHEREAS, our city simply can not sustain the loss of any more property tax
funds or to be saddled with any more state mandates as they will only deepen the
financial challenge facing our city; and
WHEREAS, a number of the City's financial commitments arise from contracts,
including long term capital leases and debt obligations which support securities in the
public capital markets, that the City must honor in full unless modified by mutual
agreement of the parties; and
WHEREAS, the League of California Cities is encouraging all cities to take a very
aggressive approach to fighting the State's proposal to "borrow" funds from local
government; and
THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
TEMECULA has determined that the City will experience a severe fiscal hardship if the
recommendation of the Department of Finance to "borrow" $2 billion of local property
taxes is supported by the Governor and the Legislature; and
RESOLVED FURTHER, that the City Council strongly and unconditionally
opposes the May 5 proposal of the Department of Finance and any other state
government proposals to borrow or seize any additional local funds, including the
property tax, redevelopment tax increment, and the city's share of the Prop. 42
transportation sales tax; and
RESOLVED FURTHER, that the City Council strongly urges the state legislature
and Governor to suspend the enactment of any new mandates on local governments
until such time as the economy has recovered and urges the state to provide complete
funding for all existing and any new mandates.
RESOLVED FURTHER, that the City Clerk shall send copies of this resolution to
the Governor, our state senator(s), our state assembly member(s) and the League of
California Cities.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of May, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
Estimated FY09-10 City & County Impacts of the State Dept of Finance
Draft Proposed Local Property Tax Borrowing Under PropositionlA(2004)
Note: Prop IA stipulates a maximum amount that maybe borrowed statewide. It does not specify how that amount might be allocated.
These figures assume an 8% per jurisdiction allocation as implied in the DOF proposal.
See pores page 15. Property Taxes Allocated - FY2008-09 estimated Total
Sec/Onsec Prop Tax in SalesTax Total Est. Impact
City/County PropertyTax I Lieu of VLF 2 TripleFlip 3 2008-09 at 8%
AUBURN
2,589,060
931,467
1,114,538
4,635,065
370,805
COLFAX
345,441
133,174
156,587
635,203
50,816
LINCOLN
- -
5988,475
2,686,241
664,201
9,338,917
747.113
-
`
LOOMIS
.059,762
524,796
-
--280:435
----•------993----
9
ROCKLIN
9,771,298
3,889,427
1,931,466
15,592,191
-
1,247,375
ROSEVILLE
28,204,236
8,009,835
10,648,978
46,863,049
3,749,044
County of PLACER
108,142,093
30,490,997
3,623,616
142,256,707
11,380,537
PORTOLA
327,829
.
184,193
60,549
572,571
45,806
County of PLUMAS
8,675,714
2.362.351
536.686
11,574,750
925.980
BANNING
3,118,210
2,200,237
______-3_
603,095
-
5,921,541
_
473,723
BEAUMONT .
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_...._413,315
BLYTHE
- -
1,305,457
1,456,495
476,276
3,238,228
259,058
CALIMESA
689,747
292,883
142,775
1,125,405
90,032
CANYON LAKE
- - -
1,100,724
- - -
865,388
- - -
31,373
1,997,485
159,799
CATHEDRALCITY-------------•_•
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878.148
7,686,500---
614.920
CORONA
32,170,642
11,317,973
9,281,542
-
52,770,157
4,221,613
DESERT HOT SPRINGS
1,759,231
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252,368
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360,796
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870,388
251,608
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LAKE ELSINORE
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MORE NO VALLEY
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PALM DESERT
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293
RANCHO MIRAGE
2,186,0 66
1,521,275
1,351,266
5,058,607
.
404,689
RIVERSIDE
51,710,213
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,
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22,370,444
12,491,102
86,571,759
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SAN JACNTO
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2
,
7
4
4
.
7
8
5
3,743,080
523,132
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0
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560,880
TEMECULA
8,859,691
6,594,846
6,842,166
22,296,703
1,783,736
-
-
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0
0
0
J
County of RIVERSIDE
289,363,291
213,129,269
9,957,573
512,450,133
40,996,011
May 13, 2009 californiacitlfinance.com
ITEM NO. 15
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Susan W. Jones, City Clerk/Director of Support Services
DATE: May 26, 2009
SUBJECT: Support of AB 715 (Caballero) - Publishing and Posting Requirements
RECOMMENDATION: That the City Council:
Direct staff to prepare a letter of support to be sent to the Governor and local legislators.
2. Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR
ASSEMBLY BILL 715 (CABALLERO), WHICH WOULD ALLOW
THE OPTION OF POSTING ORDINANCES ON THE INTERNET
INSTEAD OF PUBLISHING IN THE NEWSPAPER
BACKGROUND: Existing law provides that cities must publish either a summary or the
full text of ordinances in a newspaper of general circulation. AB 715, which was written and
sponsored by the City Clerk's Association of California, would allow the option of posting ordinances
on the internet instead of publishing in the newspaper. If the internet option is used, then cities must
also mail specific notice to those who have filed a written request for such notices.
This bill emphasizes the belief that posting such information on the internet meets the expectations
of today's citizenry who are looking for free, broad, and immediate access to information. It also
meets the needs of residents who cannot afford paid newspaper subscriptions and relieves the
financial burden on cities of paying costly legal advertising rates.
This bill is officially supported by the League of California Cities and the City Clerks Association of
California. AB 715 has successfully passed the Assembly Floor by a unanimous 75-0 vote and is
now being considered by the Senate.
FISCAL IMPACT: None.
ATTACHMENTS: Resolution No. 09-
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA EXPRESSING THE CITY COUNCIL'S
SUPPORT FOR ASSEMBLY BILL 715 (CABALLERO),
WHICH WOULD ALLOW THE OPTION OF POSTING
ORDINANCES ON THE INTERNET INSTEAD OF
PUSHING IN THE NEWSPAPER
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Existing law provides that cities must publish a summary or the full
text of ordinances in a newspaper of general circulation.
Section 2. In an effort to provide free, broad, and immediate access to
information to all citizens, regardless of their ability to purchase a newspaper
subscription, this bill addresses these concerns.
Section 3. Assembly Bill 715, would allow the option of posting ordinances on
the internet instead of publishing in the newspaper. If the internet option is used, then
cities must also mail specific notice to those who have filed a written request for such
notices.
Section 4. This Bill would meet the needs of residents while relieving the
financial burden on cities of paying costly legal advertising rates.
Section 5. Assembly Bill 715 is officially supported by the League of California
Cities and the City Clerks Association of California.
Section 6. The City Council of the City of Temecula officially supports Assembly
Bill 715 in an effort to better serve the citizens of the community and relieve a financial
burden of the City of paying legal advertising.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of May, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of May, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM NO. 1 6
ACTION MINUTES
of
MAY 12, 2009
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
The Temecula Community Services District Meeting convened at 7:35 PM.
CALL TO ORDER: President Chuck Washington
ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington
CSD PUBLIC COMMENTS
There were no public comments.
CSD CONSENT CALENDAR
16 Action Minutes:- Approved Staff Recommendation (5-0-0) - Director Comerchero
made the motion; it was seconded by Director Roberts; and electronic vote
reflected unanimous approval.
RECOMMENDATION:
16.1 Approve the action minutes of April 28, 2009.
17 Second Amendment to the Roof Preventive Maintenance Services Agreement with
TremcolWeatherproofing Technologies, Inc. for Fiscal Year 2009-2010 - Approved
Staff Recommendation (5-0-0) - Director Comerchero made the motion; it was
seconded by Director Roberts; and electronic vote reflected unanimous approval.
RECOMMENDATION:
17.1 Approve the Second Amendment with Tremco/Weatherproofing Technologies,
Inc. for $27,416.00 to provide preventive roof maintenance services at the various
locations and extend the Agreement to June 30, 2010.
18 First Amendment with Computer Alert Systems, Inc.:- Approved Staff
Recommendation (5-0-0) - Director Comerchero made the motion; it was
seconded by Director Roberts; and electronic vote reflected unanimous approval.
RECOMMENDATION:
18.1 Approve the First Amendment with Computer Alert Systems, Inc. for Alarm
Monitoring, Inspection, and Repair Services in the amount of $22,700 for Fiscal
Year 2009-2010.
19 Fourth Amendment to T & T Janitorial Agreement for City Facility Janitorial Services for
Fiscal Year 2009-2010 - Approved Staff Recommendation (5-0-0) - Director
Comerchero made the motion; it was seconded by Director Roberts; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
19.1 Approve the Fourth Amendment with T & T Janitorial in the amount of $84,885.96
for Janitorial Maintenance Services at the various locations and extend the
Agreement to June 30, 2010.
20 Third Amendment to Prudential Overall Supply Agreement - Approved Staff
Recommendation (5-0-0) - Director Comerchero made the motion; it was
seconded by Director Roberts; and electronic vote reflected unanimous approval.
RECOMMENDATION:
20.1 Approve the Third Amendment with Prudential Overall Supply in the amount of
$25,000 for Uniform, Floor Mat, and Towel Cleaning/Rental Service for Fiscal
Year 2009-2010.
21 Second Amendment to the Elevator Services and Monitoring Agreement with
ThyssenKrupp Elevator for Fiscal Year 2009-2010 -Approved Staff Recommendation
(5-0-0) - Director Comerchero made the motion; it was seconded by Director
Roberts; and electronic vote reflected unanimous approval.
RECOMMENDATION:
21.1 Approve the Second Amendment with ThyssenKrupp Elevator in the amount of
$15,000 for Elevator Services and Monitoring for Fiscal Year 2009-2010.
22 First Amendment with Arch Chemicals, Inc. formally Marine Biochemists for Water
Management/Maintenance Services for Fiscal Year 2009-2010 - Approved Staff
Recommendation (5-0-0) - Director Comerchero made the motion; it was
seconded by Director Roberts; and electronic vote reflected unanimous approval.
RECOMMENDATION:
22.1 Approve the First Amendment with Arch Chemicals, Inc. formally Marine
Biochemist, in the amount of $68,260 for Water Management/Maintenance
Services at the Harveston Lake Park and Temecula Duck Pond for Fiscal Year
2009-2010.
CSD DEPARTMENTAL REPORT
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:37 p.m., the Temecula Community Services District meeting was formally adjourned to
Wednesday, May 20, 2009 at 10:00 A.M., for the purpose of a Budget Workshop in the City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Chuck Washington, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL]
ITEM NO. 17
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 26, 2009
SUBJECT: FY 2008/09 4th of July Fireworks Presentation
PREPARED BY: Julie Pelletier, Recreation Superintendent
RECOMMENDATION: That the Board of Directors approve a one year Agreement between
the Temecula Community Services District and Pyro Spectaculars, Inc. to provide a fireworks
presentation in the amount of $34,500.
BACKGROUND: Pyro Spectaculars, Inc. has successfully provided an outstanding 4th
of July fireworks presentation to the residents of Temecula for the past nine years. Pyro
Spectaculars, Inc. is a Southern California based professional full service fireworks production
company with a proven record of providing a winning combination of superior pyrotechnic product,
qualified and experienced staff and production capabilities that produce an exciting twenty-four
minute patriotic fireworks display that the Temecula Community Services District is proud to sponsor
annually.
The cost of services includes the knowledge and support of a licensed pyrotechnic operator and
crew, show choreography and design, required permit submittals, insurance coverage, sales tax,
delivery, installation and an electronic firing system.
FISCAL IMPACT: The cost necessary to provide the fireworks display in FY2008-09 is
$31,500, plus $3,150 contingency and is currently budgeted in 190-183-999-5370.
ATTACHMENTS: Agreement
Pyro Spectaculars, Inc. CITY OF TEMECULA
P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT
Rialto, CA 92377 Ver. # 1
Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2009
PRODUCTION AGREEMENT
This agreement ("Agreement") is made this 26' day of Ia 2009 by and between Pyro Spectaculars, Inc., a California corporation, hereinafter
referred to as ('PYRO'% and City of Temecula and the Temecula Community Services District, hereinafter referred to as ("CLIENT"). PYRO and CLIENT
are sometimes referred to as "Party' or collectively as "Parties" herein.
1. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement
upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program 'W', attached hereto and
incorporated herein by this reference.
1.1 PYRO Duties - PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for
specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the
Production and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of
Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.
1.2 CLIENT Duties - CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph
6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more
specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to
pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access,
use, control, parking and general safetywith respect to the public, CLIENT personnel and other contractors.
2. Time and Place - The Production shall take place on July 4, 2009, at, at approximately 9:00 PM at Rancho California Sports Park on the hilltop
east or Fire Station q 84, Pauba Street, Temecula, CA, Site.
3. Fees, Interest, and Expenses -
3.1 Fee - CLIENT agrees to pay PYRO a fee of 34,500.00 PSD (THIRTY-FOUR THOUSAND FIVE HUNDRED Dollars) ("Fee") for the
Production. CLIENT shall pay to PYRO ~ 1^, ,250.00IUSD (SEVENTEEN THOUSAND TWO HUNDRED FIFTY Dollars) of the Fee plus estimated permit
and standby fees, specified production costs, and other regulatory costs approximated at $74.00, for a total of $17,325.00, as a deposit ("Deposit") upon the
execution of this Agreement by both parties but no later than May 29, 20091 The balance of the Fee shall be paid no later than July 6, 2009. CLIENT authorizes
PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting
agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20.
3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month
or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection
with the litigation, including, but not limited to attorneys' fees.
3.3 Expenses - PYRO shall pay all normal expenses directly related to the Production including fi•eight, insurance as outlined, pyrotechnic
products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's
responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items
outlined as CLIENT's responsibility in this Agreement and Scope of Work.
4. Proprietary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO
does not own CLIENT-owned material or third-party-owned material that has been included in the Production, and as to such CLIENT-owned and third-party-
owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the
Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT-owned material and third-party-owned material and shall
not be responsible in anyway for such material. If applicable, CLIENT consents to the use of CLIENT-owned material and represents that it has or will obtain
any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the
ownership rights in its trade names that are used in or area product of the Production. Any reproduction by sound, video or other duplication or recording process
without the express written permission of PYRO is prohibited.
5. Safe - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures
consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sole discretion to
determine whether or not the Production maybe safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail
or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety
beyond the reasonable control of PYRO.
6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals
other than those authorized by PYRO fi•om entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a
fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or
controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor
facilities associated with the Production.
7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary
by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any
environmental clean-up.
PS V 1-2a
Pyro Spectaculars, Inc. CITY OF TEMECULA
P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT
Rialto, CA 92377 Ver. # 1
Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2009
Page 2 of-1
S. Permits - PYRO agrees to apply for permits required for the discharge of pyrotechnics from the Riverside County Fire Department (or other
authority having jurisdiction), FAA, USCG, and the State of California, as required. CLIENT shall be responsible for any fees associated with these permits
including standby fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate
arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use permits or any permission or permit required by any Local,
Regional, State or Federal Government.
9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with
PYRO's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this
Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from
claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement,
only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's
negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.
The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage
shall be furnished to CLIENT prior to the rendering of services hereunder and shall include the following: (1) that it may not be canceled or modifiedwithout the
insurance carrier providing at least thirty (30) days prior written notice to CLIENT; and (2) that the following are named as additionally insured: CLIENT;
Sponsors, Landowners, Barge Owners, if any, and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors
or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their
respective operations and services. Evidence of other insurance shall be provided upon CLIENT's written request to PYRO.
10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers,
and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in thi s Agreement to the contrary, PYRO shall indemnify,
hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not
limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out
of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or
employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including
but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from
or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors,
providers, or employees. In no event shall either party be liable for the consequential damages of the other party.
11. Limitation of Damages for Ordinary Breach -Except in the case of bodily injury and property damage as provided in the insurance and
indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in
performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has
paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages fi•om PYRO including, without limitation, damages
for loss of income, business or profits.
12. Force Maieure -CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other
causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of
any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a
necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the
scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the
Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based
upon when the Production is canceled.
13. Rescheduling Of Event -If CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee plus all additional expenses made
necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5
days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation
and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be
rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July
15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31 st of the earlier
year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
14. Right To Cancel - CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option,
CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 to 90
days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the
Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages
PYRO will suffer if CLIENT cancels the Production.
15. No Joint Venture -It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or
joint venture between CLIENT and PYRO. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall
be held responsible for any agreements or obligations not expressly provided for herein.
16. Applicable Law -This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California.
It is firrther agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of
the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are
enforceable.
17. Notices- Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail,
postage prepaid, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N.
PS V 1-2a
Pyro Spectaculars, Inc. CITY OF TEMECULA
P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT
Rialto, CA 92377 Ver. # 1
Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2009
Page 3 of-1
Locust Avenue, Rialto, Califomia 92377. CLIENT Temecula Community Services District, 43200 Business Park Drive, P.O. Box 9033, Temecula, CA
92589-9033.1
18. Modification of Terms -All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both
Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
19. Severabilitv -If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this
Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's
offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an
original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and
assigns.
20. Price Firm -If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to
PYRO on or before the PRICE FIRM date shown below, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a
period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and
this Agreement shall be void.
PRICE FIRM through May 29, 2009
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions, paragraph 20, above.
EXECUTED as of the date first written above:
PYRO SPECTACULARS, INC.
By:
Its: James R. Souza, President
SHOW PRODUCER: Jeff Martin
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
By:
Chuck Washington, President
Peter M. Thorson, City Attorney
By:
By:
Susan W. Jones, MMC, City Clerk
PS V 1-2a
Pyro Spectaculars, Inc. CITY OF TEMECULA
P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT
Rialto, CA 92377 Ver. # 1
Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2009
SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
[CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT I("CLIENT")
Pyro shall provide the following goods and services to CLIENT:
• One Pyro Spectaculars, Inc., Production Ion July 4. 2009, at approximately 9:00 PM at Rancho California Sports Park on
the hilltop east of Fire Station # 84, Pauba Street, Temecula, CA.
• All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product.
• Application for specific pyrotechnic permits relating to the Production.
• Musical soundtrack for the Production supplied in agreed upon format.
• Insurance covering the Production as set forth in the Agreement with the following limits:
Insurance Reauir•ements Limits
Commercial General Liability $1,000,0OO.Od, Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Business Auto Liability- $5,000,000.00 Combined Single Limit- Each Occurrence
Owned, Non-Owned and Hired Autos (Bodily Injury & Property Damage)
Workers' Compensation Statutory
Employer Liability $1,000,000 Per Occurrence
CLIENT shall provide to PYRO the following goods and services:
• All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union
requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors,
carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility
of CLIENT.
• Coordination and any applicable non-pyrotechnic permitting with the local, state or federal government that may hold
authority within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole.
• Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction
throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all
set-up and load-out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone.
• ~ professional grade Audio System including all necessary equipment, installation of such equipment and trained audio
engineers for operation based on audio and communications requirements provided by PYRO.
General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster
accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms,
tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary
credentialing, etc., will be required as necessary
PS V 1-2a
ITEM NO. 18
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Herman Parker, Director of Community Services
DATE: May 26, 2009
SUBJECT: Community Services Technical Support
PREPARED BY: Julie Pelletier, Recreation Superintendent
RECOMMENDATION: That the Board of Directors approve the Agreement between the
Temecula Community Services District and Timmy D' Productions in the amount of $55,000 to
provide technical support at Citywide special events and programs as needed.
BACKGROUND: Timmy D' Productions has successfully provided outstanding
technical support and sound services for numerous City sponsored programs and major special
events for many years. Timmy D' Productions has a proven record in providing superior services
and quality support for the increased number of programs and major special events offered
throughout the City.
The following is a listing of programs and special events that will be provided through this
Agreement. The services may include but are not limited to staging, sound equipment, movie
equipment, producer services and entertainment as needed.
4th of July Extravaganza
Summer Concert Series
Teen Dances and Socials
Pool Parties
Aglow in the Park
Annual Easter Egg Hunts
Annual Christmas Tree Lighting Ceremony
Dedications
Movies in the Park
Halloween and Harvest Festival
Skate Park Competitions
Family Fun Nights
FISCAL IMPACT: Funds necessary to provide technical support at Citywide special
events and programs are available in the FY2009-2010 budget.
ATTACHMENTS: Attachments
NON-EXCLUSIVE THIRD PARTY ENTERTAINMENT AGREEMENT BETWEEN
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND TIMMY D' PRODUCTIONS
THIS AGREEMENT is made and effective as of May 26, 2009 between the
Community Services District, a municipal corporation ("District") and Timmy D' Productions
("Entertainer/Agent"). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
1. TERM. This Agreement shall commence on July 1, 2009 and shall
remain and continue in effect until tasks described herein are completed, but in no event later
than July 30, 2010 unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Entertainer/Agent shall perform the services and tasks
described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth
in full. Entertainer/Agent shall complete the tasks, or have the hired entertainment complete the
tasks according to the schedule of performance that will be provided upon District's request for
Entertainer/Agents "Event Price Quote/Agreement".
3.
a. Entertainer/Agent and any performers contracted and/or represented by
the Entertainer/Agent or any third party shall at all times faithfully, competently and to the best of
his or her ability, experience, and talent, perform all tasks described herein. Entertainer/Agent
and any employees or and/or contracted/represented performers of Entertainer/Agent or any
third party and his firm shall employ, at a minimum, generally accepted standards and practices
utilized by persons engaged in providing similar services as are required of Entertainer/Agent
and/or any third party or contracted entertainment hereunder in meeting its obligations under
this Agreement.
b. Special Effects. No pyrotechnics or special effects of any kind shall
be allowed as any part of a performance for the District by the Entertainer/Agent, its employees,
or any entertainer/performer hired or represented by the Entertainer/Agent or any third party
without the prior written consent of the General Manager or authorized designee.
4. LOCATION AND RELIABILITY OF PERFORMANCE. The date, time,
and location of Entertainer/Agents performance or that of any employees or contracted
performers of the Entertainer/Agent shall be determined at the time of District's request for
"Event Price Quote/Agreement". All entertainment shall be provided within District and City
limits. Time and reliability are of the essence in this Agreement.
v. PAYMENT.
a. The District agrees to pay Entertainer/Agent monthly, in accordance with
the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this reference as though set
forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than
the payment rates and schedule of payment are null and void. This amount shall not exceed fifty
five thousand dollars and no cents (55,000.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement. The not to exceed payment
amount listed herein is an estimated expenditure and this Agreement does not guarantee the
Entertainer/Agent this amount in contracted performances.
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b. Entertainer/Agent shall not be compensated for any services rendered in
connection with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the General
Manager. Entertainer/Agent shall be compensated for any additional services in the amounts
and in the manner as agreed to by the General Manager and Entertainer/Agent at the time
District's written authorization is given to Entertainer/Agent for the performance of said services.
Entertainer/Agent acknowledges and agrees that it shall be responsible for paying any
employee's of its firm and/or any entertainers/performers contracted by the Entertainer/Agent
(Timmy D Productions) to perform on behalf of Entertainer/Agent or any third party for any
District event. This Agreement is between the District and Timmy D' Productions only. The
District shall not be held liable for any monies due or any disputes for contractual agreements
between the Entertainer/Agent and other independent performers/entertainers hired by the
Entertainer/Agent. Entertainer/Agent shall provide District a written release in a form reasonably
acceptable to the District, signed by all entertainers/performers hired/represented by the
Entertainer/Agent or any third party, releasing the District and waiver from any liability for
payment prior to each event.
C. Entertainer/Agent will submit invoices monthly for actual services
performed. Invoices shall be submitted between the first and fifteenth business day of each
month, for services provided in the previous month. Payment shall be made within thirty (30)
days of receipt of each invoice as to all non-disputed fees. If the District disputes any of
Entertainer/Agent's fees it shall give written notice to Entertainer/Agent within 30 days of receipt
of an invoice of any disputed fees set forth on the invoice.
6. NON-EXCLUSIVE AGREEMENT. Entertainer/Agent understands this is
a non-exclusive Agreement between the District and Entertainer/Agent only and no guarantee of
work or cost as outlined in Sections 2 and 5 is given or implied.
7. EQUIPMENT/MATERIALS. Entertainer/Agent(s) shall provide their own
sound equipment and any other special equipment and materials that are required for the
performance, unless other arrangements are made in writing and approved with the District prior
to the performance. Sound equipment shall be adequate for the size of the anticipated audience
and location of the performance. The District reserves the right to inspect all equipment and/or
materials being used for any performance.
8. USE OF COPYRIGHTED MATERIAL. The Entertainer/Agent shall be
fully responsible for paying any legally required royalties of fees for the use by the
Entertainer/Agent or any employees of the Entertainer/Agent or any entertainers/performers
hired/represented by the Entertainer/Agent or any third party of copyrighted material and shall
comply at all times with all applicable copyright laws.
9. ASSIGNMENT. The Entertainer/Agent shall not assign the performance
of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written
consent of the District. Upon termination of this Agreement, Entertainer/Agents sole
compensation shall be payment for actual services performed up to, and including, the date of
termination or as may be otherwise agreed to in writing between the District Board and
Entertainer/Agent.
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10. SUSPENSION, TERMINATION, OR CANCELLATION OF
PERFORMANCE AND AGREEMENT WITHOUT CAUSE.
a. A performance may be cancelled, terminated, or suspended at any time,
with or without cause, at the sole discretion of the General Manager or his delegate without
default or breach of this Agreement by the District. The District may also at any time, for any
reason, with or without cause suspend or terminate this Agreement, or any portion hereof, by
serving upon the Entertainer/Agent at least ten (10) days prior written notice. Upon receipt of
said notice, the Entertainer/Agent shall immediately cease all work under this Agreement,
unless the notice provides otherwise. If the District suspends or terminates this Agreement, or a
portion of this Agreement, such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event a performance is cancelled, terminated or suspended, or this
Agreement is terminated pursuant to this Section, the District shall pay to Entertainer/Agent the
actual value of the work performed up to the time of termination, provided that the work
performed is of value to the District. Upon termination of the Agreement pursuant to this
Section, the Entertainer/Agent will submit an invoice to the District pursuant to Section 5 c.
11. DEFAULT OF ENTERTAINERIAGENT.
a. The Entertainer/Agent's or any employee of the Entertainer/Agent or
entertainer/performer hired by the Entertainer/Agent failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Entertainer/Agent is in default for cause
under the terms of this Agreement, District shall have no obligation or duty to continue
compensating Entertainer/Agent for any work performed after the date of default and can
terminate this Agreement immediately by written notice to the Entertainer/Agent. If such failure
by the Entertainer/Agent to make progress in the performance of work hereunder arises out of
causes beyond the Entertainer/Agent's control, and without fault or negligence of the
Entertainer/Agent, it shall not be considered a default.
b. If the General Manager or his delegate determines that the
Entertainer/Agent, an employee of the Entertainer/Agent, or that of any entertainer/performer
hired by the Entertainer/Agent is in default in the performance of any of the terms or conditions
of this Agreement, it shall serve the Entertainer/Agent with written notice of the default. The
Entertainer/Agent shall have (10) days after service upon it of said notice in which to cure the
default by rendering a satisfactory performance. In the event that the Entertainer/Agent fails to
cure its default within such period of time, the District shall have the right, notwithstanding any
other provision of this Agreement, to terminate this Agreement without further notice and without
prejudice to any other remedy to which it may be entitled at law, in equity or under this
Agreement.
12. INDEMNIFICATION. The Entertainer/Agent, its employees and any
entertainer/performer hired by the Entertainer/Agent agrees to defend, indemnify, protect and
hold harmless the City, District, and/or Agency its officers, officials, employees and volunteers
from and against any and all claims, demands, losses, defense costs or expenses, including
attorney fees and expert witness fees, or liability of any kind or nature which the District, its
officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Entertainer/Agent's negligent
or wrongful acts or omissions arising out of or in any way related to the performance or non-
performance of this Agreement, including, without limitation copyright infringement, excepting
only liability arising out of the negligence of the District.
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13. INSURANCE REQUIREMENTS. Entertainer/Agent shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by the Entertainer/Agent, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00
01 06 92 covering Automobile Liability, code 1 (any auto). If the
Entertainer/Agent owns no automobiles, a non-owned auto
endorsement to the General Liability policy described above is
acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the
Entertainer/Agent has no employees while performing under this
Agreement, worker's compensation insurance is not required, but
Entertainer/Agent shall execute a declaration that it has no
employees.
b. Minimum Limits of Insurance. Entertainer/Agent shall maintain limits no
less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident
for bodily injury or disease.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the General Manager. At the option of the
General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the District, its officers, officials, employees and volunteers; or the
Entertainer/Agent shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The District, its officers, officials, employees and volunteers are to
be covered as insured's as respects: liability arising out of
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activities performed by or on behalf of the Entertainer/Agent;
products and completed operations of the Entertainer/Agent;
premises owned, occupied or used by the Entertainer/Agent; or
automobiles owned, leased, hired or borrowed by the
Entertainer/Agent. The coverage shall contain no special
limitations on the scope of protection afforded to the District, its
officers, officials, employees or volunteers.
(2) For any claims related to this project, the Entertainer/Agent's
insurance coverage shall be primary insurance as respects the
District, its officers, officials, employees and volunteers. Any
insurance or self-insured maintained by the District, its officers,
officials, employees or volunteers shall be excess of the
Entertainer/Agent's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the District, its officers, officials, employees or
volunteers.
(4) The Entertainer/Agent's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
(5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the
expiration date the issuing insurer will endeavor to mail thirty (30)
days' prior written notice to the District.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice
from insurer phone, fax, and/or notify the District via certified mail,
return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Entertainer/Agent shall furnish the District with
original endorsements effecting coverage required by this clause. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements
are to be on forms provided by the District. All endorsements are to be received and approved
by the District before work commences. As an alternative to the District's forms, the
Entertainer/Agent's insurer may provide complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications.
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14. INDEPENDENT CONTRACTOR.
a. Entertainer/Agent, its employees and any entertainers/performers hired
by the Entertainer/Agent is and shall at all times remain as to the District a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of
Entertainer/Agent shall at all times be under Entertainer/Agent's exclusive direction and control.
Neither District nor any of its officers, employees, agents, or volunteers shall have control over
the conduct of Entertainer/Agent or any of Entertainer/Agent's officers, employees, or agents, or
contractual performers except as set forth in this Agreement. Entertainer/Agent shall not at any
time or in any manner represent that it or any of its officers, employees or agents or contracted
performers are in any manner officers, employees or agents of the District. Entertainer/Agent
shall not incur or have the power to incur any debt, obligation or liability whatever against
District, or bind District in any manner.
b. No employee benefits shall be available to Entertainer/Agent, its
employees, or any entertainers/performers hired by the Entertainer/Agent in connection with the
performance of this Agreement. Except for the fees paid to Entertainer/Agent as provided in the
Agreement, District shall not pay salaries, wages, or other compensation to Entertainer/Agent,
its employees or hired performers for performing services hereunder for District. District shall
not be liable for compensation or indemnification to Entertainer/Agent, its employees or any
contracted entertainers/performers hired/represented by the Entertainer/Agent for injury or
sickness arising out of performing services hereunder.
15. LEGAL RESPONSIBILITIES. The Entertainer/Agent shall keep itself
informed of all local, State and Federal ordinances, laws, regulations and copyrights which in
any manner affect those employed or contracted by it or in any way affect the performance of
its service pursuant to this Agreement. The Entertainer/Agent shall at all times observe and
comply with all such ordinances, laws, regulations and copyrights. The District, and its officers
and employees, shall not be liable at law or in equity occasioned by failure of the
Entertainer/Agent, its employees or any entertainers/performers hired/represented by the
Entertainer/Agent to comply with this section.
16. RELEASE OF INFORMATION.
a. All information gained by Entertainer/Agent in performance of this
Agreement shall be considered confidential and shall not be released by Entertainer/Agent
without District's prior written authorization. Entertainer/Agent, its officers, employees, agents or
entertainers/performers hired/represented by the Entertainer/Agent, shall not without written
authorization from the General Manager or unless requested by the City Attorney, voluntarily
provide declarations, letters of support, testimony at depositions, response to interrogatories or
other information concerning the work performed under this Agreement or relating to any project
or property located within the City. Response to a subpoena or court order shall not be
considered "voluntary" provided Entertainer/Agent gives District notice of such court order or
subpoena.
b. Entertainer/Agent shall promptly notify District should Entertainer/Agent,
its officers, employees, agents or any entertainers/performers hired/represented by the
Entertainer/Agent be served with any summons, complaint, subpoena, notice of deposition,
request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work performed there
under or with respect to any project or property located within the City. District retains the right,
but has no obligation, to represent Entertainer/Agent and/or be present at any deposition,
hearing or similar proceeding. Entertainer/Agent agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
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Entertainer/Agent. However, District's right to review any such response does not imply or
mean the right by District to control, direct, or rewrite said response.
17. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (1) personal service,
(ii) delivery by a reputable document delivery service, such as but not limited to, Federal
Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address
of the party as set forth below or at any other address as that party may later designate by
Notice. Notice shall be effective upon delivery to the addresses specified below or on the third
business day following deposit with the document delivery service or United States Mail as
provided above.
To District via U.S. Mail
To District via Courier Service:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula. California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: General Manager
To Entertainer/Agent:
Timmy D' Productions
42075 Remington Avenue
Temecula. California 92590
18. LICENSES. At all times during the term of this Agreement,
Entertainer/Agent shall have in full force and effect, all licenses required of it by law for the
performance of the services described in this Agreement.
19. GOVERNING LAW. The District and Entertainer/Agent understand and
agree that the laws of the State of California shall govern the rights, obligations, duties and
liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.
Any litigation concerning this Agreement shall take place in the municipal, superior, or federal
district court with geographic jurisdiction over the City of Temecula. In the event such litigation
is filed by one party against the other to enforce its rights under this Agreement, the prevailing
party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and
litigation expenses for the relief granted.
20. PROHIBITED INTEREST. No officer, or employee of the District/City
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Entertainer/Agent, or Entertainer/Agent's sub-contractors for this project, during his/her tenure
or for one year thereafter. The Entertainer/Agent hereby warrants and represents to the District
that no officer or employee of the City of Temecula has any interest, whether contractual, non-
contractual, financial or otherwise, in this transaction, or in the business of the Entertainer/Agent
or Entertainer/Agents employees or any entertainer/performer hired/represented by the
Entertainer/Agent on this project. Entertainer/Agent further agrees to notify the District in the
event any such interest is discovered whether or not such interest is prohibited by law or this
Agreement.
21. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations of the parties described in this
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Agreement. All prior or contemporaneous agreements, understandings, representations and
statements, oral or written, are merged into this Agreement and shall be of no further force or
effect. Each party is entering into this Agreement based solely upon the representations set
forth herein and upon each party's own independent investigation of any and all facts such party
deems material.
22. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Entertainer/Agent warrants and represents that he or she
has the authority to execute this Agreement on behalf of the Entertainer/Agent and has the
authority to bind Entertainer/Agent to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, MMC, City Clerk
Board Secretary
Approved As to Form:
Peter M. Thorson, City Attorney
Timmy D' Productions
By:
Name:
Title:
Name:
Title:
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EXHIBIT A
TASKS TO BE PERFORMED
Entertainer/Agent, its employees and/or any entertainers/performers hired by the
Entertainer/Agent or any third party shall provide performances, on an as needed basis, upon
request of the Temecula Community Services District. Entertainer/Agent recognizes and agrees
that this Agreement is for the purpose of establishing a contractual relationship between the
District and the Entertainer/Agent only, for future performances at District/City events and
recreational activities. The procedure for assigning work is set forth as follows:
1. The General Manager and/or the Director of Community Services or their designee's
shall submit to the Entertainer/Agent a written or verbal request for performance. The
type of performance, location, date, and time shall be described or conveyed to the
Entertainer/Agent.
2. Within five (5) business days of the date of the written or verbal request for performance,
the Entertainer/Agent shall respond in writing with an event price quote/Agreement along
with an 8X10 black and white photograph of the performer(s), a biography of the
performer(s) and specific detailed information concerning the nature of the performance.
The Entertainer/Agent shall also disclose if performance will be provided by Timothy
Daniels, any personnel employed by Timmy D' Productions or by a contractual
entertainer/performer hired and represented by Timmy D' Productions.
Special Effects. No pyrotechnics or special effects of any kind shall be
allowed as any part of a performance for the District by the Entertainer/Agent, its
employees, or any entertainer/performer hired or represented by the Entertainer/Agent
or any third party without the prior written consent of the General Manager or authorized
designee.
3. Upon acceptance of the Entertainer/Agents response by the General Manager and/or
the Director of Community Services or their designee's, the Entertainer/Agent shall
proceed to "book" the event. The Entertainer/Agents performance or the performance of
its employee's or any entertainer/performer hired/represented by the Entertainer/Agent
or any third party for any event shall be pursuant to the terms of this Agreement.
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
Exhibit B shall be the Event quote/Agreement as provided by the Entertainer/Agent for each
individual performance as requested by the District. In any event, the cost of such services,
while not guaranteed as per Section 5 of this Agreement, shall not exceed a total of $55,000.00
for the total term of this Agreement. Entertainer/Agent shall be responsible for payment due to
any employee of the Entertainer/Agent or any entertainer/performer hired and represented by
the Entertainer/Agent or any third party as outlined in Section 5b paragraph 2 of this Agreement.
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ITEM NO. 19
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 26, 2009
SUBJECT: Approval of Memorandum of Understanding with De Luz Community Services
District Detailing the Administrative and Operational Relationships of Each
Agency with Respect to Certain Parcels Common to Each District Within the
Santa Margarita Annexation Area
PREPARED BY: Barbara Smith, Senior Management Analyst
RECOMMENDATION: That the Board of Directors approve the "Memorandum of
Understanding (MOU) between the De Luz Community Services District (DLCSD) and Temecula
Community Services District (TCSD) Detailing the Administrative and Operational Relationships of
Each Agency with Respect to Certain Parcels Common to Each District Within the Santa Margarita
Annexation Area."
BACKGROUND: The Santa Margarita Area Annexation (SMAA) consists of
approximately 4,997 acres and is located immediately southwest of the City of Temecula, west of
Interstate 15 and north of the San Diego County and Riverside County border. The annexation will
bring the entire SMAA into the incorporated City of Temecula and the TCSD. The TCSD has the
ability to provide the following services: park, recreational and cultural programs and facility
maintenance; traffic signal and arterial street lighting, landscaped median maintenance (Special
Tax); residential street lighting (Service Level B); residential perimeter landscaping (Service Level
C); recycling and refuse collection services (Service Level D) and emergency unpaved road
maintenance in a specific area of the TCSD (Service Level R).
The DLCSD is comprised of approximately 19,600 acres and is primarily used for agricultural,
residential and open space purposes. Established by Riverside County in November 1978 by the
Riverside County Board of Supervisors they began operations in March 1979. Upon establishment,
the DLCSD was granted the power to perform three functions: road construction and maintenance;
refuse collection and extended police protection.
There are ten (10) parcels, located within the northern boundary of the SMAA, that are within the
DLCSD. Seven (7) of the parcels are owned by the State of California; two (2) parcels owned by
Nature Conservancy and one (1) parcel owned by the San Diego State University Foundation. All of
the common parcels are undeveloped, open space and represent approximately 1 % of the entire
DLCSD area.
After meeting with the DLCSD staff and board member representative, it was determined that the
only overlapping service provided by both the TCSD and DLCSD is the administration of the refuse
collection services. The MOU brought forward to you today addresses the duplicative service and
clarifies that the DLCSD will continue to provide refuse services even after annexation into the City
of Temecula and the TCSD. The City's current franchised hauler has agreed to these terms and
further actions will be taken, upon annexation, to insure that the all solid waste collection will remain
the responsibility of the DLCSD.
FISCAL IMPACT: There will be no fiscal impact as there will be no services provided by
TCSD nor any assessments collected.
ATTACHMENTS: 1. Draft MOU
2. Vicinity Map
MEMORANDUM OF UNDERSTANDING BETWEEN THE DE
LUZ COMMUNITY SERVICES DISTRICT AND THE
TEMECULA COMMUNITY SERVICES DISTRICT DETAILING
THE ADMINISTRATIVE AND OPERATIONAL RELATIONSHIPS
OF EACH AGENCY WITH RESPECT TO CERTAIN PARCELS
COMMON TO EACH DISTRICT WITHIN THE PROPOSED
SANTA MARGARITA ANNEXATION AREA
THIS MEMORANDUM OF UNDERSTANDING is made by and between the
Temecula Community Services District ("Temecula CSD") and the De Luz Community
Services District ("De Luz CSD"), and is dated as of May 26, 2009. In consideration of the
mutual covenants and agreements contained herein, the parties agree as follows:
1. Recitals. This Memorandum of Understanding ("MOU") is made with respect to
the following facts and for the following purposes which the parties agree are true and correct:
A. The City Council of the City of Temecula adopted Resolution No. 08-112
initiating proceedings with the Riverside County Local Agency Formation Commission
("LAFCO") to annex approximately 4,997 acres of land to the City of Temecula and to the
Temecula Community Services District ("Annexation"). The area to be annexed is generally
located immediately southwest of the City of Temecula, west of Interstate 15 and north of San
Diego County and Riverside County Boundary and is known as the "Santa Margarita
Annexation Area."
B. In the course of the LAFCO proceedings, it has been determined that ten (10)
parcels within the Santa Margarita Annexation Area proposed to be annexed to the City of
Temecula and the Temecula Community Services District are currently located within the De
Luz Community Services District. These parcels and their owners are: (1) APN 940-280-006,
San Diego State University Foundation; (2) APN 940-260-001, State of California; (3) APN
940-260-003, Nature Conservancy; (4) APN 940-260-002, Nature Conservancy; (5) APN 940-
260-004, State of California; (6) APN 940-260-005, State of California; (7) APN 940-250-002,
State of California; (8) APN 940-250-003, State of California; (9) APN 940-250-006, State of
California; and (10) APN 918-070-014, State of California ("Common Parcels").
C. The Common Parcels comprise approximately 4.3 % of the area of the Santa
Margarita Annexation Area and approximately 1.07% of the area served by the De Luz CSD.
All of the Common Parcels are owned by public entities or non-profit organizations and are
designated "Open Space--Conservation Habitat" under the current Riverside County General
Plan and "Conservation--Santa Margarita" in the proposed pre-zoning by the City of Temecula
effective upon annexation.
D. The De Luz CSD provides the following services within its service area: (1)
construction and maintenance of roads; (2) refuse and recycling services; and (3) supplemental
law enforcement services. The Temecula CSD provides the following services within its service
area: (1) development and maintenance of park, cultural and recreation facilities; (2) operation
1133372 Final May 14, 2009
of recreational activities and programs; (3) operation of Temecula Historical Museum and the
Temecula Children's Museum; (4) operation of the Old Town Temecula Community Theater; (5)
residential refuse and recycling services; (6) perimeter slope and parkway maintenance in certain
designated areas subject to special rates and charges; (7) residential street light and traffic signal
energy operations in certain designated areas subject to special rates and charges; (8) landscaped
median maintenance;(9) emergency maintenance of unpaved roads in certain designated areas
subject to special rates and charges; and (10) operation and maintenance of Harveston Lake.
Therefore, except for refuse and recycling services, there are no other services provided by both
De Luz CSD and Temecula CSD to the Common Parcels.
E. Both parties believe that the Common Parcels would best be served by each party
continuing to provide their specialized services to the Common Parcels and De Luz CSD
continuing to provide solid waste services to the Common Parcels.
F. The purpose of this MOU is to establish a formal arrangement between the De
Luz CSD and the Temecula CSD that details the administrative and operational relationship of
each agency with respect to the Common Parcels in accordance with Section 2. 1.1 of the
Riverside County Local Agency Formation Commission Policies and Procedures.
G. With this MOU, the De Luz CSD has no objections to the proposed Annexation.
2. Services to be Provided by De Luz CSD for the Common Parcels Upon Annexation.
Upon the effective date of the Annexation, De Luz CSD shall continue to provide the following
services to the Common Parcels: (1) construction and maintenance of roads; (2) refuse and
recycling services; and (3) supplemental law enforcement services. De Luz CSD may expand or
contract the level of such services in accordance with the laws, regulations and ordinances
governing its operations. Upon the effective date of the Annexation, De Luz CSD shall continue
to assess taxes, rates and charges or such other and further funding mechanisms for such services
as the De Luz CSD shall approve or assess in accordance with the laws, regulations and
ordinances governing its operations.
3. Services to be Provided by Temecula CSD for the Common Parcels Upon
Annexation. Upon the effective date of the Annexation, Temecula CSD shall provide for the
Common Parcels those services that it provides to the other portions of its service area except for
those provided by De Luz CSD and described in Paragraph 2. of this MOU. Temecula CSD
shall not provide refuse and recycling services to the Common Parcels and shall take such further
actions as are necessary to make arrangements with its refuse and recycling provider to
implement this provision. Upon the effective date of the Annexation, Temecula CSD shall
assess such taxes, rates and charges or such other and further funding mechanisms for the
services it will provide to the Common Parcels as it shall approve or assess in accordance with
the laws, regulations and ordinances governing its operations.
4. No Change in Boundaries of De Luz CSD or Temecula CSD. The current
boundaries of the De Luz CSD shall not change upon the effective date of the Annexation. The
parties agree that boundaries of both the De Luz CSD and the Temecula CSD will concurrently
cover the Common Parcels subject to the allocation of administrative and operational
responsibilities as set forth in this MOU. This MOU is not intended to nor shall it be construed
1133372 Final May 14, 2009 2
to provide for or permit the merging of the two districts within the Common Parcels nor to make
the De Luz CSD a subsidiary district or otherwise a part of the City of Temecula.
5. Expansion of Services Provided by De Luz CSD or Temecula CSD for the Common
Parcels. In the event either party desires to expand its services beyond those allocated by this
MOU, representatives of the parties shall meet in good faith to determine which district can most
efficiently provide for the additional service.
6. General Provisions.
A. This MOU contains the entire understanding between the parties relating
to the subject matter of this MOU, all prior or contemporaneous agreements, understandings,
representations and statements, oral or written, concerning the subject matter of this MOU are
merged into this MOU and shall be of no further force or effect.
B. Each party is entering into this MOU based solely upon the
representations set forth herein and upon each party's own independent investigation of any and
all facts and legal research such party deems material. Each party warrants and represents to the
other that it has had the opportunity to review this MOU with legal counsel and financial
consultants and to receive the advice of legal counsel and financial consultants prior to its
approval and execution of the MOU.
C. This MOU shall be construed according to its fair meaning and as if
prepared by both parties hereto. Any rule of law (including, without limitation, California Civil
Code Section 1654) or legal decision that would require interpretation of any ambiguities in this
MOU against the party that has drafted it is not applicable and is hereby waived.
D. Each party acknowledges and agrees that this MOU is valid, legal and
binding upon it.
E. Time is of the essence of each provision of this MOU of which time of
performance is a factor.
F. Any notices which either party may desire to give to the other party under
this MOU must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a
receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth
below or at any other address as that party may later designate by a notice given pursuant to this
Section. Notice shall be effective upon delivery to the addresses specified below or on the third
business day following deposit with the document delivery service or United States Mail as
provided above.
To Temecula CSD:
Temecula Community Services District
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attention: Shawn Nelson, General Manager
1133372 Final May 14, 2009
To De Luz CSD: De Luz Community Services District
41785 Enterprise Circle, Suite A
Temecula, California 92590
Attention: Rob Holmes, General Manager
G. The person executing this MOU on behalf of the De Luz CSD warrants
and represents to the Temecula CSD that this MOU has been duly approved by the De Luz CSD
and that all applicable notices and procedures were complied with and that he is duly authorized
by the De Luz CSD to execute this MOU on behalf of the De Luz CSD and has been duly
authorized to do so. The person executing this MOU on behalf of the Temecula CSD warrants
and represents to the De Luz CSD that this MOU has been duly approved by the Temecula CSD
and that all applicable notices and procedures were complied with and that he is duly authorized
by the Temecula CSD to execute this MOU on behalf of the Temecula CSD and has been duly
authorized to do so.
H. Neither party may commence litigation under or with respect to this MOU
until such time as a notice of default has be properly served on the other party and the party fails
to cure the default within thirty (30) days after the date the notice of default is given. If either
party commences litigation under or with respect to this MOU, the prevailing party shall be
entitled to receive its reasonable attorneys' fees and costs incurred in the prosecution or defense
of the action.
IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the
day and year first above written.
DE LUZ COMMUNITY SERVICES DISTRICT, a
California community services district
Steven Rubin
President
ATTEST:
Secretary
1133372 Final May 14, 2009 4
APPROVED AS TO FORM:
Jeffrey Scott
General Counsel
TEMECULA COMMUNITY SERVICES
DISTRICT, a California community services
district
Chuck Washington
President
ATTEST:
Susan W. Jones, MMC
Secretary
APPROVED AS TO FORM:
Peter M. Thorson
General Counsel
1133372 Final May 14, 2009
J / r `
wet
~ R~oq
ITEM NO. 20
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 26, 2009
SUBJECT: Seventh Amendment to the Midori Gardens, Inc. Maintenance Services Contract
PREPARED BY: Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors:
1. Approve the Seventh Amendment with Midori Gardens, Inc., for continued landscape
maintenance services and the addition of new and supplemental landscape maintenance
service areas in the amount of $841,260.00 for Fiscal Year 2009 - 2010.
2. Authorize the General Manager to approve additional work not to exceed the contingency
amount of $84,126.00 which is equal to 10% of the Amendment.
BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six
(36) month contract to Midori Gardens, Inc. to provide landscape maintenance services for
neighborhood parks in the amount of $360,000.00 annually.
The First Amendment was approved on December 14, 2004 in order to authorize the annual
expenditure of $411,600.00 which provided for an annual Consumer Price Index increase and
allowed for continued landscape maintenance services of neighborhood parks.
The Second Amendment was approved on June 28, 2005 in the amount of $71,574.00 to authorize
the addition of the Redhawk Park Sites (A, B, E, F) and general maintenance of the tennis courts at
the Temecula Valley High School through December 31, 2005.
The Third Amendment was approved on November 22, 2005 in order to authorize the annual
expenditure of $659,383.00 which provided for an annual Consumer Price Index increase and to
allow for continued landscape maintenance services for neighborhood parks and new and
supplemental landscape maintenance areas through December 31, 2006.
The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual
expenditure of $867,922.00 which provided for an annual Consumer Price Index price increase and
to allow for continued landscape maintenance services for neighborhood parks, Patricia H. Birdsall
Sports Park, new and supplemental landscape maintenance areas through June 30, 2007.
The Fifth Amendment was approved on November 27, 2007 in order to authorize the annual
expenditure of $433,961.00 to provide continued landscape maintenance services for neighborhood
parks and new and supplemental landscape maintenance areas through June 30, 2008.
The Six Amendmentwas approved on May 13, 2008 in orderto authorize the annual expenditure of
$885,408.00 to provide continued landscape maintenance services for neighborhood parks and new
and supplemental landscape maintenance areas through June 30, 2009.
As a result of last year's economic downturn, staff looked at ways to reduce our expenses without
negatively impacting services. Staff negotiated with Midori Gardens, Inc. to reduce our landscape
maintenance services costs. Midori Gardens, Inc. agreed to accept a 3% reduction in fees without a
reduction in services. In return, Midori Gardens, Inc. requested that the TCSD consider two (2)
additional one-year extensions to the Agreement. This was mutually beneficial in that the TCSD
continue to receive the same level of service and benefited from a reduction in costs. The reduced
fees save approximately $26,635.00 for Fiscal Year 2008-2009.
This Seventh Amendment is for approval of a one (1) year contract to June 30, 2010 and authorize
the annual expenditure of $841,260.00 plus 10% contingency, to provide continued landscape
maintenance services for neighborhood parks and new and supplemental landscape maintenance
areas through June 30, 2010
FISCAL IMPACT: The cost of the landscape maintenance services contract is
$841,260.00 plus an additional ten percent (10%) contingency. Sufficient funds have been included
in the proposed Annual Operating Budget for Fiscal Year 2009 - 2010 in the appropriate
expenditure accounts.
ATTACHMENTS: 1) Amendment No 7.
RASIRE REPORTS ET ALWaintenance\Agenda Report 2009 - 20101Agenda Report Midori 2009- 2010.doc
SEVENTH AMENDMENT TO AGREEMENT
BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND
MIDORI GARDENS, INC. FOR MAINTENANCE SERVICES
THIS SEVENTH AMENDMENT is made and entered into as of May 26, 2009 by and between the
Temecula Community Services District, a municipal corporation ("City") and Midori Gardens, Inc.
("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On November 25, 2003 the City and Contractor entered into that certain
agreement entitled "City of Temecula Community Services District Agreement for
Maintenance Services ("Agreement") in the amount of $360,000.00 annually.
B. The First amendment was approved on December 14, 2004 in order to increase
the payment for continued landscape maintenance services in the amount of
$411,600.00
C. The Second amendment was approved on June 28, 2005 in the amount of
$71,574.00 to authorize the addition of the Redhawk Park Sites (A, B, E, F) and
general maintenance of the tennis courts at the Temecula Valley High School.
D. The Third amendment was approved on November 22, 2005 to increase the
payment for the annual 4.7% Consumer Price Index (CPI) adjustment and for
additional services in the amount of $659,383.00 and amend the Agreement as set
forth in this Amendment.
E. The Fourth Amendment was approved on November 28, 2006 in order to
authorize the annual expenditure of $867,922.35 which provide for an annual 3.4%
Consumer Price Index (CPI) price increase and to allow for continued landscape
maintenance services areas through June 30, 2008.
F. The Fifth Amendment was approved on November 27, 2007 in order to authorize
the annual expenditure of $433,961.00 for landscape maintenance services and
new and supplemental landscape areas through June 30, 2008 and amend the
Agreement as set fort in this Amendment.
G. Sixth Amendment was approved on May 13, 2008 in order to authorize the annual
expenditure of $885,408.00 for landscape maintenance services and new and
supplemental landscape areas through June 30, 2009 and amend the Agreement
as set fort in this Amendment.
H. The parties now desire to approve the payment of $841,260.00 for landscape
maintenance services and new and supplemental landscape maintenance areas
through June 30, 2010 and amend the Agreement as set fort in this Amendment.
CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc
2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30,
2010. The Seventh Amendment will take effect on July 1, 2009.
3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is amended to
read: "The City agrees to pay Contractor monthly, in accordance with the payments rates and
schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A,
attached hereto and incorporated herein by this reference as though set forth in full. The seventh
amendment amount shall not exceed Eight Hundred Forty One Thousand Two Hundred Sixty
and 001100 dollars ($841, 260.00) through June 30, 2010.
The total contract amount is Four Million Five Hundred Thirty One Thousand One Hundred Eight
and 351100 dollars ($4,531,108.35) for the term of the Agreement, unless additional payments
are approved as provided in this Agreement".
4. Except for the changes specifically set forth herein, all other terms and condition of the
Agreement shall remain in full force and effect.
Ill Ill
CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
BY:
Chuck Washington, President
ATTEST:
BY:
Susan W. Jones, MMC, City Clerk/Board Secretary
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONTRACTOR
Midod Gardens, Inc.
3231 S. Main Street
Santa Ana, CA 92707
(714)751-8792 (phone) (714)731-4167 (fax)
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
(Two Signatures Required For Corporations)
CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc
EXHIBIT A
Pricing Sheet for Landscape Maintenance
NEIGHBORHOOD PARKS SERVICE AREA
Site #
Site Name
Monthly Price
Annual Price
P-1
Veterans Park
$ 1,532.00
$ 18,388.00
P-2
Sam Hicks Monument Park
1,698.00
20,377.00
P-3
Calle Aragon Park
141.00
1,691.00
P-4
Bahia Vista Park
141.00
1,691.00
P-5
Loma Linda Park
1,281.00
15,370.00
P-6
Riverton Park
2,135.00
25,617.00
P-7
John Magee Park
427.00
5,123.00
P-9
Voorburg Park
107.00
1,281.00
P-10
Nicolas Road Park
1,281.00
15,370.00
P-11
Butterfield Stage Park
1,281.00
15,370.00
P-12
Temecula Duck Pond
2,998.00
35,980.00
P-13
Rotary Park
256.00
3,074.00
P-14
Nakayama Park
107.00
1,281.00
P-15
Winchester Creek Park
1,708.00
20,494.00
P-16
Long Canyon Creek Park
1,335.00
16,019.00
P-17
Vail Ranch Park
6,575.00
78,897.00
P-18
Stephen Michael Linen Jr. Memorial Park
854.00
10,247.00
P-19
Pablo Apis Park
854.00
10,247.00
P-20
Crowne Hill Park
1,537.00
18,444.00
P-21
Meadows Park
2,135.00
25,617.00
P-22
Pauba Ridge
2,135.00
25,617.00
P-23
Serena Hills Park
1,388.00
16,651.00
P-24
Harveston Lake Park
3,570.00
42,845.00
SS-1
Via Eduardo Streetscape
136.00
1,630.00
FC-1
Nada Lane
108.00
1,298.00
P-25
Sunset Park
763.00
9,161.00
P-26
Paseo Gallante Park
858.00
10,295.00
P-27
Temecula Creek Trail Park
3,408.00
40,892.00
P-28
Redhawk Community Park
6,878.00
82,539.00
SP-8
Patricia H. Birdsall Sports Park
15,045.00
180,536.00
SC-4
Temecula Valley High School Tennis Court
620.00
7,435.00
P-29
Wolf Creek Trail Park (North)
1,535.00
18,415.00
P-29A
Wolf Creek Park (South)
1,775.00
21,303.00
P-30
Wolf Creek Neighborhood Park
3,029.00
36,348.00
CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc
EXHIBIT A
(Continued)
T-1 Santa Gertrudis Trail
T-2 Temecula Creek Village Trail
Monthly Price
249.00
228.00
TOTAL $ 70,105.00
Authorized Signature
Annual Price
2,985.00
2,732.00
$ 841,260.00
CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc
Pricing Sheet for Landscape Maintenance Services
New Landscape Maintenance Service Areas
Maintenance Service Area
Sports Park Service Area (includes ballfield prep.)
Neighborhood Park Service Area
Slope Service Area
Median Service Area
Community Facility Service Area
Trail Service Area
Ballfield Preparation (Single field/Mon.-Fri.
Includes trash removal).
Ballfield Preparation (Single field/Sat.&Sun.
Includes trash removal).
Price per Square Foot
Monthly
Annually
NIA
sq. ft.
.0100
.1199 sq. ft.
.0150
.1804 sq. ft.
NIA
sq. ft.
N/A
sq. ft.
.0070
.0838 sq. ft.
N/A
per field
N/A per field
Authorized Signature
CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc
Landscape Maintenance Extra Work
Price Sheet
1. Turf Maintenance (All turf areas)
Unit Cost
1.
Mowing (Including bagging of clippings)
$ .0237
sq. ft.
2.
Edging
.0053
linear ft.
3.
String Trimming
.0051
linear ft.
4.
Aerification (Core/3")
.0005
sq. ft.
5.
Aerification (Deep Tine/6")
.0076
sq. ft.
6.
Weed Removal (Manual)
20.52
per man hr.
7.
Pest Control (Manual)
32.40
per man hr.
8.
Fertilization (Placement only)
.0007
sq. ft.
9.
Materials (Fertilizer, Soil Amends)
19.40%
mark-up
II. General Landscape Maintenance (Planters and Slop
e areas)
1.
Edging (Ground Cover)
$ .0053
linear ft.
2.
Trimming (Shrubs, Ground Cover)
.0161
sq. ft.
3.
Pruning/Shrubs, Vines, Roses
.0324
sq. ft.
4.
Pruning/Trees (To 18')
54.01
each
5.
Weed Removal (Manual)
20.52
per man hr.
6.
Pest Control (Manual)
32.40
per man hr.
7.
Fertilization (Placement only)
.0007
sq. ft.
8.
Vegetation Removal
.0324
sq. ft.
9.
Materials (Fertilizer, Soil Amends)
19.40%
mark-up
III. Plant Material (Installed, all areas)
1.
Annual Color (4" Container)
$ 1.685
each
2.
Ground Cover
17.28
flat
3.
One (1) Gallon
6.48
each
4.
Five (5) Gallon
17.28
each
5.
Fifteen (15) Gallon
70.21
each
6.
24" Box Tree
270.05
each
7.
Seeded Turf
.0324
sq. ft.
8.
Sodded Turf
1.0796
sq. ft.
9.
Hydroseed
.6480
sq. ft.
10.
Soil Preparation (Existing area)
.0324
sq. ft.
11.
Soil Preparation (New area)
.4313
sq. ft.
12.
Wood Mulch
54.01
cu. yd. (applied)
IV. Irrigation System Maintenance
1.
Inspection
$ 27.00
per hr.
2.
Repair (Main line, Lateral line, Sprinklers)
27.00
per hr.
3.
Parts
19.40%
mark-up
V. General Pest
Control
1.
Written Recommendation by PCA
$ 64.81
each
2.
Qualified Applicator (QAC)
37.80
per hr.
3.
Trained Applicator
27.00
per hr.
4.
Material
19.40%
mark-up
CAProgram Files\Neevia.Com\Document Converterltemp\918612.doc
ITEM NO. 21
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 26, 2009
SUBJECT: Seventh Amendment to the Excel Landscape, Inc. Maintenance Services
Contract
PREPARED BY: Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors:
1. Approve the Seventh Amendment with Excel Landscape, Inc., to provide continued
landscape maintenance services and the addition of new and supplemental landscape
maintenance service areas for $1,568,977.00 for Fiscal Year 2009 - 2010.
2. Authorize the General Manager to approve additional work not to exceed the contingency
amount of $156,897.70 which is equal to 10% of the Amendment.
BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six
(36) month contract to Excel Landscape, Inc. to provide landscape maintenance services for
medians, facilities and the south slope areas in the amount of $480,350.00 annually.
The First Amendment was approved on May 11, 2004 in order to increase payment in the amount of
$406,205.00 for the addition of landscape maintenance services of sports parks, north slope areas
and to allow for the addition of supplemental landscape services.
The Second Amendment was approved on December 14, 2004 in order to authorize the annual
expenditure of $1,397,340.00 which provided for an annual Consumer Price Index (CPI) price
increase and allowed for continued landscape maintenance services for medians, facilities, sports
parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas
through December 31, 2005.
The Third Amendment was approved on November 22, 2005 in order to authorize the annual
expenditure of $1,833,238.00 which provided for an annual Consumer Price Index (CPI) increase
and to allow for continued landscape maintenance services for medians, facilities, sports parks,
north slopes, south slopes, and new and supplemental landscape maintenance areas through
December 31, 2006.
The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual
expenditure of $ 1,721,107.00 which provided for an annual Consumer Price Index (CPI) increase
and to allow for continued landscape maintenance services for medians, facilities, sports parks,
north slopes, south slopes, and new and supplemental landscape maintenance areas through
December 31. 2007.
The Fifth Amendment was approved on November 27, 2007 in order to authorize the annual
expenditure of $860,553.00 to provide continued landscape maintenance services for medians,
facilities, sports parks, north slopes, south slopes, and new and supplemental landscape
maintenance areas through June 30, 2008.
The Sixth Amendment was approved on May 13, 2008 in order to authorize the annual expenditure
of $1,668,486.00 to provide continued landscape maintenance services for medians, facilities,
sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas
through June 30, 2009.
As a result of last year's economic downturn, staff looked at ways to reduce our expenses without
negatively impacting services. Staff negotiated with Excel Landscape, Inc. to reduce our landscape
maintenance services costs. Excel Landscape agreed to accept a 3% reduction in fees without a
reduction in services. In return, Excel Landscape requested that the TCSD consider two (2)
additional one-year extensions to the Agreement. This was mutually beneficial in that the TCSD
continued to receive the same level of service and benefited from a reduction in costs. The reduced
fees save approximately $51,000.00 for Fiscal Year 2008-2009.
Excel Landscape has worked closely with staff and agreed to maintain Service Level C landscape
areas pursuant to three separate scopes of service. The level of maintenance services in Service
Level C areas will be Commensurate with the level of funding received for each specific zone.
This Seventh Amendment is for approval of a one (1) year contract to June 30, 2010 and authorize
the annual expenditure of $1,568,977.00 plus 10% contingency, to provide continued landscape
maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and
supplemental landscape maintenance areas through June 30, 2010.
FISCAL IMPACT: The cost of the landscape maintenance services contract is
$1,568,977.00 plus an additional ten percent (10%) contingency. Sufficient funds have been
included in the proposed Annual Operating Budget for Fiscal Year 2009 - 2010 in the appropriate
expenditure accounts.
ATTACHMENTS: 1) Amendment No 7.
RASIRE REPORTS ET Al-Waintenance\Agenda Repart 2009 - 20101Agenda Report Excel 042309.doc
SEVENTH AMENDMENT TO AGREEMENT
BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND
EXCEL LANDSCAPE INC. FOR MAINTENANCE SERVICES
THIS SEVENTH AMENDMENT is made and entered into as of May 26, 2009 by and
between the Temecula Community Services District, a municipal corporation ("City") and Excel
Landscape Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
This Amendment is made with respect to the following facts and purposes
A. On November 25, 2003 the City and Contractor entered into that certain
agreement entitled "City of Temecula Temecula Community Services
District Agreement for Maintenance Services ("Agreement") in the amount
of $480,350.00 annually.
B. The First Amendment was approved on May 11, 2004 in order to increase
the payment for continued landscape maintenance services in the amount
of $406,205.00 through December 31, 2004.
C. The Second Amendment was approved on December 14, 2004 in order
to authorize the annual expenditure of $1,397,340.00 for landscape
maintenance services for medians, facilities, sports parks, north slopes,
south slopes, and new and supplemental landscape maintenance service
areas through December 31, 2005.
D. The Third Amendment was approved on November 22, 2005 to increase
the payment for the annual 4.7% Consumer Price Index (CPI) adjustment
and for additional services in the amount of $ 1,833,238.00 and amend
the Agreement as set forth in this Amendment.
E. The Fourth Amendment was approved on November 28, 2006 to increase
the payment for the annual 3.4% Consumer Price Index (CPI) adjustment
and for additional services in the amount of $1,721,107.00 and amend the
Agreement as set forth in this Amendment.
F. The Fifth Amendment was approved on November 27, 2007 in order to
authorize the annual expenditure of $860,553.00 for landscape
maintenance services for medians, facilities, sports parks, north slopes,
south slopes, and new and supplemental landscape maintenance service
areas through June 30, 2008.
G. Sixth Amendment was approved on May 13, 2008 in order to authorize
the annual expenditure of $1,668,486.00 for landscape maintenance
services and new and supplemental landscape areas through June 30,
2009 and amend the Agreement as set fort in this Amendments.
H. The parties now desire to approve the payment of $1,568,977.00 for
landscape maintenance services and new and supplemental landscape
maintenance areas through June 30, 2010 and amend the Agreement as
set forth in this Amendment.
C:1Pimgram Files\Neevia.Com\Dowment Converter\temp1919791.doc
2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement
to June 30, 2010. The Seventh Amendment will take effect on July 1, 2009.
3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is
amended to read: "The City agrees to pay Contractor monthly, in accordance with
the payment rates and schedules and terms set forth in Exhibit A for maintenance
services described in Exhibit A, attached hereto and incorporated herein by this
reference as though set forth in full. The Seventh Amendment amount shall not
exceed One Million Five Hundred Sixty Eight Thousand Nine Hundred Seventy
Seven and 00/100 dollars ($1,568,977.00) through June 30, 2009. The total contract
amount is Nine Million Nine Hundred Thirty Six Thousand Two Hundred Fifty Six and
00/100 dollars ($9,936,256.00) for the term of the Agreement, unless additional
payments are approved as provided in this Agreement".
4. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
Ill/
C:1Pmgram Files\Neevia.Com\Dowment Converter\temp1919791.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
BY:
Chuck Washington, President
ATTEST:
BY:
Susan W. Jones, MMC, City Clerk/Board Secretary
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONTRACTOR
Excel Landscape Inc.
Jose Alfaro, President
790 Rimpau Ave, Suite 908
Corona CA 92879
(909) 735-9650 (909) 735-0469 (Fax)
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
(Two Signatures Required For Corporations)
C:1Pmgram Fi]es\Neevia.Com\Domment Converterltemp1919791.doc
EXHIBIT A
Pricing Sheet for Landscape Maintenance
SPORTS PARKS/SCHOOL SITES SERVICE AREA
Site #
Site Name
Monthly Price
Annual Price
SP-1
Ronald Reagan Sports Park
$1
0,715
$1
28,585
SP-2
Paloma Del Sol Park
$
4,668
$
56,013
SP-3
Pala Community Park
$
2,906
$
34,868
SP-4
Kent Hintergardt Park
$
4,421
$
53,052
SP-5
Margarita Community Park (TES)
$
4,195
$
50,343
SP-6
Temeku Hills Park
$
4,678
$
56,139
SP-7
Harveston Community Park
$
8,191
$
98,291
SC-1
Temecula Middle School
$
456
$
5,469
SC-3
James L. Day Middle School
$
544
$
6,527
SC-6
Vail Ranch Middle School
$
906
$
10,875
SC-7
Paloma Elementary School
$
906
$
10,875
SC-8
Pauba Valley Elementary School
$
454
$
5,444
TOTAL $43,040 $616,481
Authorized Signature
C:1Pmgram Fi]es\Neevia.Com\Domment Converterltemp1919791.doc
EXHIBIT A
Pricing Sheet for Landscape Maintenance
MEDIANS SERVICE AREA
Site #
Site Name Monthly Price
Annual Price
M-01
Rancho California Road Medians
$ 664
$ 7,964
M-02
Ynez Road Medians (includes Solana Way)
$ 718
$ 8,619
M-03
Butterfield Stage Road Medians
$ 159
$ 1,903
M-04
Margarita Road Medians (North)
$ 745
$ 8,935
M-05
Margarita Road Medians (South)
$ 159
$ 1,903
M-06
Winchester Road at Jefferson Median
$ 159
$ 1,903
M-07
Pechanga Parkway Medians
$ 159
$ 1,903
M-08
Meadows Parkway Medians (North)
$ 745
$ 8,934
M-09
Paseo Del Sol Medians
$ 745
$ 8,934
M-10
Harveston Medians (Date St/Margarita Rd)
$1,332
$15,979
M-11
Jefferson Avenue Medians
$ 158
$ 1,890
M-12
Overland Drive Medians/Bridge
$ 263
$ 3,150
M-13
Redhawk Medians
$ 525
$ 6,301
FVV-1
Interstate 15
$3,982
$47,786
M-03A
Butterfield Stage Road Medians (Crowne Hill)
$ 491
$ 5,898
M-10A
Harveston Medians (Date St / Ynez Rd)
$ 1,204
$14,443
M-14
79 South Medians
$ 2,022
$24,266
M-15
Wolf Valley Road Median
$ 39
$ 469
M-16
Diaz Road Median / Parkway
$ 586
$ 7,029
M-17
Meadows Parkway Medians (South)
$ 171
$2,046
T-03
Murrieta Creek Trail
$1,500
$18,000
TOTAL $16,521 $198,256
C:1Pmgram Fi]es\Neevia.Com\Domment Converterltemp1919791.doc
Authorized Signature
EXHIBIT A
Pricing Sheet for Landscape Maintenance
COMMUNITY FACILITIES SERVICE AREA
Site #
Site Name
Monthlv Price
Annual Price
F-1
Community Recreation Center
$
1,871
$ 22,456
F-2
Mary Phillips Senior Center
$
617
$ 7,410
F-3
City Hall/Maintenance Facility
$
1,514
$ 18,171
F-4
Temecula Community Center
$
395
$ 4,738
F-5
Fire Station #84
$
607
$ 7,284
F-6
Old Town Temecula / Gate Way
$
2,281
$ 27,368
F-10
Temecula Children's Museum
$
324
$ 3,894
F-12
Temecula Community Theater
$
85
$ 1,024
F-13
Temecula Public Library
$
1,170
$ 14,039
*F-14
Roripaugh Ranch Fire Station # 95
$
481
$ 5,777
F-15
Wolf Creek Fire Station # 92
$
431
$ 5,175
F-20
Fire Station # 92 A
$
192
$ 2,306
F-22
Fire Station #73
$
198
$ 2,382
(*Supplemental Area)
TOTAL $10,169 $122,024
Authorized Signature
C:1Pmgram Fi]es\Neevia.Com\Domment Converterltemp1919791.doc
EXHIBIT A
Pricing Sheet for Landscape Maintenance
SLOPE SERVICE AREA
(SOUTH)
Site #
Site Name
Monthly Price
Annual Price
S-3
Rancho Highlands
$ 1,568
$18,816
S-8
The Villages A and B
$ 5,769
$69,228
S-12
Vintage Hills
$ 3,513
$42,156
S-13
Presley (Viranda, Country
Glen, Bridlevale)
$ 1,210
$14,520
S-16
Tradewinds
$ 913
$10,956
S-20
Crowne Hill
$ 6,267
$75,204
S-21
Vail Ranch
$10,712
$128,544
S-23
Pheasant Run
$ 281
$3,377
S-26
Gallery Homes Traditions
$ 59
$708
S-28
Wolf Creek
$ 8,756
$105,072
S-29
Gallery Homes Portraits
$ 110
$1,320
TOTAL
$39,168
$469,896
Authorized Signature
C:1Pimgram Files\Neevia.Com\Dowment Converter\temp1919791.doc
EXHIBIT A
Pricing Sheet for Landscape Maintenance
SLOPE SERVICE AREA
(NORTH)
Site #
Site Name
Monthly Price
Annual Price
S-1
Saddlewood/Pavillion Point
$
2,478
$
15,204
S-2
Winchester Creek I and II
$
1,653
$
19,836
S-4
The Vineyards
$
193
$
2,316
S-5
Signet Series
$
991
$
11,892
S-6
Woodcrest Country
$
867
$
10,404
S-7
Ridgeview
$
540
$
6,480
S-9
Rancho Solana
$
63
$
756
S-10
Martinique
$
308
$
3,696
S-11
Meadowview Estates
$
28
$
336
S-14
Mirada
$
421
$
5,052
S-15
Barclay Estates
$
470
$
5,640
S-17
Monte Vista
$
51
$
612
S-18
Temeku Hills
$
3,602
$
43,224
S-19
Campos Verdes
$
2,349
$
28,188
S-22
Sutton Place/Lennar
$
162
$
1,944
S-24
Harveston
$
6,564
$
78,768
S-25
Serena Hills
$
1,981
$
23,772
S-27
Richmond American (26828)
$
350
$
4,200
TOTAL
$21,860
262.320
Authorized Signature
C:1Pimgram Files\Neevia.Com\Dowment Converter\temp1919791.doc
EXHIBIT A
Pricing Sheet for Landscape Maintenance Services
New Landscape Maintenance Service Areas
Maintenance Service Area
Sports Park Service Area (includes ballfield prep.)
Neighborhood Park Service Area
Slope Service Area
Median Service Area
Community Facility Service Area
Trail Service Area
Ballfield Preparation (Single field/Mon.-Fri.
Includes trash removal).
Ballfield Preparation (Single field/Sat and Sun.
Includes trash removal).
Price per Square Foot
Monthly
Annually
.0123
.1432
sq.
ft.
.0100
.1199
sq.
ft.
.0081
.0996
sq.
ft.
.0150
.1804
sq.
ft.
.0150
.1804
sq.
ft.
.0040
.0477
sq.
ft.
1,044.00
12,529.00
per f1d.
*1,002.00 12,024.00 per f1d.
* Up to three (3) fields for same amount.
Authorized Signature
C:1Pimgram Files\Neevia.Com\Dowment Converter\temp1919791.doc
EXHIBIT A
Service Level C / Slope Area Maintenance Levels / FY 2009-10
Service Level I
No Change to Current Scope of Services
Weekly Service Cycle (Visit Site Weekly / 4 visits per month)
Service Level II
Monthly Service Cycle (Visit Site Bi-Weekly / 2 visits per month)
Weekly turf mowing April-Sept / Bi-weekly Oct-March
No view clearance trimming (shrubs and trees)
Minimal shrub trimming
Special circumstance tree trimming only
Minimize slope fertilization (1 time per year)
Minimize turf fertilization (2 times per year/spring and fall)
Service Level III
Quarterly Service Cycle (Visit Site Monthly / 3 visits per quarter)
Weekly turf mowing April-Sept / Bi-weekly turf mowing Oct-March
Shrub & groundcover clearance trimming only (sidewalks, fence lines, wall vines)
No view clearing, select shrub trimming, select groundcover trimming
No tree trimming (Hazardous trimming only/considered extra work item)
Control invasive/prolific weeds & grasses (i.e. nutsedge, bermuda grass, etc.)
Control vertebrate pests
Control damaging insects
Eliminate slope fertilization
Minimize turf fertilization (1
Check and repair irrigation
I Sites
S-6 Woodcrest Country
S-29 Gallery Portraits
Areas with tun`
time per year)
monthly and/or as needed
II Sites
S-2 Winchester Crk
S-3 Rancho Highlands
S-9 Rancho Solana
S-10 Martinque
S-16 Tradewinds
S-19 Chantamar
S-20 Crowne Hill
S-23 Pheasant Run
S-24 Harveston
S-27 Richmond Amer
S-28 Wolf Creek
III Sites
S-1 Saddlewood
S-4 Vineyards
S-5 Signet Series
S-7 Ridgeview
S-8 Villages
S-11 Meadowview Estates
S-12 Vintage Hills
S-13 Presley
S-14 Mirada
S-15 Barclay
S-17 Monte Vista
S-18 Temeku Hills
S-21 Vail Ranch
S-22 Sutton Place
S-25 Serena Hills
S-26 Gallery Tradition
C:1Pimgram Files\Neevia.Com\Dowment Converter\temp1919791.doc
EXHIBIT A
Landscape Maintenance Extra Work
Price Sheet
1. Turf Maintenance (All turf areas)
Unit Cost
1.
Mowing (Including bagging of clippings)
$ .0021
sq. ft.
2.
Edging
.0053
linear ft.
3.
String Trimming
.1081
linear ft.
4.
Aerification (Core/3")
.0021
sq. ft.
5.
Aerification (Deep Tine/6")
N/A
sq. ft.
6.
Weed Removal (Manual)
21.60
per man hr.
7.
Pest Control (Manual)
37.80
per man hr.
8.
Fertilization (Placement only)
.0010
sq. ft.
9.
Materials (Fertilizer, Soil Amends)
19.40%
mark-up
II. General Landscape Maintenance (Planters and Slop
e areas)
1.
Edging (Ground Cover)
$ .1620
linear ft.
2.
Trimming (Shrubs, Ground Cover)
.0215
sq. ft.
3.
Pruning/Shrubs, Vines, Roses
.0432
sq. ft.
4.
Pruning/Trees (To 18')
43.20
each
5.
Weed Removal (Manual)
21.60
per man hr.
6.
Pest Control (Manual)
37.80
per man hr.
7.
Fertilization (Placement only)
.0021
sq. ft.
8.
Vegetation Removal
.0201
sq. ft.
9.
Materials (Fertilizer, Soil Amends)
19.40%
mark-up
III. Plant Material (Installed, all areas)
1.
Annual Color (4" Container)
$ 1.620
each
2.
Ground Cover
21.70
flat
3.
One (1) Gallon
6.46
each
4.
Five (5) Gallon
19.43
each
5.
Fifteen (15) Gallon
81.00
each
6.
24" Box Tree
216.04
each
7.
Seeded Turf
.1620
sq. ft.
8.
Sodded Turf
.9177
sq. ft.
9.
Hydroseed
.1081
sq. ft.
10.
Soil Preparation (Existing area)
.2160
sq. ft.
11.
Soil Preparation (New area)
.1620
sq. ft.
12.
Wood Mulch
37.80
cu. yd.
IV. Irrig
ation System Maintenance
1.
Inspection
$ 43.20
per hr.
2.
Repair (Main line, Lateral line, Sprinklers)
37.80
per hr.
3.
Parts
19.40%
mark-up
V. General Pest Control
1.
Written Recommendation by PCA
$ 216.04
each
2.
Qualified Applicator (QAC)
48.60
per hr.
3.
Trained Applicator
37.80
per hr.
4.
Material
19.40%
mark-up
C:1Pmgr= Files\Neevia.Com1Dowment Converter\temp1919791.doc
TCSD
DEPARTMENTAL REPORT
ITEM NO. 22
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: May 26, 2009
SUBJECT: Monthly Departmental Report
PREPARED BY: Gail Zigler, Administrative Assistant
The Plan Check phase of the Redhawk Parks Improvement project is nearing completion of the
construction documents. Staff anticipates we will be out to bid in the next 30 days. Phase 1 project
includes improvements to Redhawk Community Park and Redhawk Dog Park.
The Temecula Community Center expansion project has begun construction. The Escallier House
and Barn have been relocated, as part of the Temecula Community Center (TCC) expansion
project, and construction will begin late summer. It is anticipated this project will be completed by
December of 2009. The project will construct a 3,653 square foot addition to the Temecula
Community Center and includes offices, meeting rooms and restroom facilities.
The Old Town Gymnasium project is in the design phase. A sub-committee meeting is scheduled
for June 9, 2009 to review the conceptual design. Staff has requested a Scope of Service to start
the environmental process.
The Community Services Department staff continues to participate in the development of the City's
Sustainability Plan.
Construction of the Murrieta Creek Trail Project is complete. This project consists of asphalt and
DG paths and walkways, tables and benches, trees, shrubs and ground cover. The project is
currently in the maintenance period. Staff anticipates accepting this project in June.
The Veteran's Memorial Project - Phase III is currently underway. Engraving of pavers is taking
place on site. The local VFW will continue to accept paver applications for a final installation in mid
2009.
The Recreation Division is preparing for the release of the 2009 Summer/Fall Guide to Leisure
Activities. The Second Annual Community Services Expo will be held on Saturday, May 29, 2009 to
allow citizens to meet many of the instructors, learn more about the upcoming classes and activities
and pre-register for programs.
The Cultural Arts Division continues to program and carry-out the classes and activities as outlined
in the upcoming 2009 Summer/Fall Guide to Leisure Activities, and the Old Town Temecula
Community Theater's musical and theatrical performance line-up. The Cultural Arts Division is
responsible for the day-to-day operations of the Old Town Temecula Community Theater, the
Temecula Valley History Museum and the Imagination Workshop, Temecula Children's Museum.
The Development Services Division continues to participate in the development review for projects
within the City, as well as overseeing the development of parks and recreation facilities, and the
contract for refuse and recycling, cable television services and assessment administration.
The TCSD Maintenance Division continues to oversee the maintenance and rehabilitation of all City
parks and facilities, and assist in all aspects of City-wide special events.
REDEVELOPMENT
AGENCY
ITEM NO. 23
ACTION MINUTES
of
MAY 12, 2009
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA REDEVELOPMENT AGENCY MEETING
The Temecula Redevelopment Agency Meeting convened at 7:37 PM.
CALL TO ORDER: Chair Person Ron Roberts
ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington,
Roberts
RDA PUBLIC COMMENTS
There were no public comments.
RDA CONSENT CALENDAR
23 Action Minutes:- Approved Staff Recommendation (5-0-0) - Agency Member
Edwards made the motion; it was seconded by Agency Member Comerchero; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
23.1 Approve the action minutes of April 28, 2009.
24 Opposition to Senate Bill 93 (Kehoe) Redevelopment: Payment for Land or Buildings -
pulled off calendar
RECOMMENDATION:
24.1 Approve the drafting of a letter of opposition to Senate Bill 39 (Kehoe) and send
to Senator Kehoe, as well as, our local legislators.
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
At 7:38 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Wednesday, May 20, 2009 at 10:00 A.M., for the purpose of a Budget Workshop in the City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Ron Roberts, Chairperson
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
ITEM NO. 24
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: Executive Director/Agency Members
FROM: Patrick Richardson, City Planner
DATE: May 26, 2009
SUBJECT: Second Amendment of the Exclusive Negotiating Agreement with Pelican
Properties LLC.
RECOMMENDATION: That the Agency approve the Second Amendment to the Exclusive
Negotiating Agreement between Pelican Properties LLC, and the Temecula Redevelopment
Agency.
BACKGROUND: On August 26, 2008 the Agency entered into an Exclusive Negotiating
Agreement (ENA) with Pelican Properties LLC (Pelican), for the development of the Town Square
Marketplace which is located adjacent to the Town Square and future Civic Center. The Agency
issued a Request for Interest (RFI), interviewed, and selected Pelican with the intent of entering into
a long-term ground lease; Pelican would then develop, own and operate the structures on the site.
Since the execution of the ENA, Pelican has worked in good faith with staff as well as the
community regarding the use and design of the project in order to fulfill its obligations required by
the ENA. In spite of these good faith efforts the economic climate collapsed and the project, in its
present iteration, has become economically infeasible. Considering these economic realities, the
exclusive negotiating term was extended three (3) months per Section (1) of the agreement, in
hopes that the economy would turn around, and is due to expire on May 26, 2009.
Staff and Pelican have continued to move forward during the three (3) month extension but the
difficulties in the economic climate persist as of this date and severely weaken the feasibility of the
project. Staff continues to feel that Pelican is the right developer for this project as demonstrated by
their record of quality mixed-use in-fill projects in southern California and strong commitment to the
completion of the Town Square Marketplace development.
ENA EXTENSION
Staff is recommending a six (6) month extension to the ENA for the purpose of enabling Pelican to
develop three (3) alternative designs. Pelican has been asked for three (3) different designs in
order to position the project in a manner that provides for maximum flexibility in adapting to the
changing economy. Pelican will then deliver these designs no more than ninety (90) days after the
execution of the Second Amendment to the ENA. If at the end of the six (6) month ENA extension
period one of the three (3) alternative designs has be agreed upon by the Agency and Pelican, and
has been determined to be economic feasible via analysis by staff and Keyser Marston Associates
then the Executive Director will be authorized to extend the ENA period an additional ninety (90)
days for the negotiation of the DDA. Inversely, if no alternative design can be agreed upon, or, the
agreed upon alternative design is determined to be economically infeasible, then the ENA will expire
and the Agency and Pelican will cease negotiations for development of the Town Square
Marketplace.
PROPOSED ENA EXTENSION DEAL POINTS
The proposed deal points for the six (6) month ENA extension are as follows:
The extension will be for six (6) months.
Pelican has ninety (90) days from the execution of the Second Amendment of the ENA to submit the
three (3) design alternatives to the Agency.
The minimum submittal requirements of the three (3) design alternatives are determined and
defined by Section A, C1, and C2 of City of Temecula Commercial Development Plan Application.
If the Agency accepts one of the design alternatives submitted by Pelican, then the Executive
Director may authorize an additional extension to the ENA of ninety (90) days for the negotiation of a
DDA.
If the Agency and Pelican cannot agree on a design alternative then the ENA will expire and
negotiations between the Agency and Pelican will end.
AGENCY ASSISTANCE:
No agency funding is proposed as part of this project. The intent is to determine a fair market value
for the lease of the property and enter into long-term ground lease. This arrangement will provide
the Agency with a revenue stream to support other redevelopment activity in the redevelopment
project area. Pelican Properties has developed a project on a ground lease basis, and is
comfortable with this arrangement. A detailed pro-forma analysis will be performed by Keyser
Marston Associates to determine the fair market value of the ground lease.
FISCAL IMPACT: The extension of the ENA for a term of six (6) months will have no fiscal
impact on the Agency.
ATTACHMENTS: Second Amendment to the Exclusive Negotiating Agreement
SECOND AMENDMENT TO EXCLUSIVE NEGOTIATION
AGREEMENT BETWEEN REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA AND PELICAN VISTA, LLC
THIS SECOND AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT
is dated as of May 26, 2009 and is entered into by and between the REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA, a public body corporate and politic ("Agency") and
PELICAN VISTA, LLC, a California limit liability company ("Developer").
RECITALS
A. On August 26, 2008, the parties entered into that certain "Exclusive Negotiating
Agreement" and on January 22, 2009, the parties entered into a First Amendment to the
Exclusive Negotiating Agreement (as so amended, the "Agreement").
B. The purpose of the Agreement is to set forth, among other things, the terms
pursuant to which the Agency will negotiate with the Developer on an exclusive basis for a
limited period regarding the Project and the proposed Disposition and Development Agreement.
C. The parties now desire to modify the Agreement.
1. Extension of Term of Agreement. Section 1 of the Agreement is hereby amended to
read as follows:
"The term of this Agreement shall commence on August 26, 2008 and shall end
on the earlier of. (i) November 30, 2009 or (ii) the date on which the Agency or
Developer terminates this Agreement as provided in Section 2 below (the "ENA
Period"). In the event that on or before November 30, 2009, the Agency staff
approves one of the three design alternatives submitted by Developer under
Attachment No. 2 (as amended), then the Executive Director may extend the term
of this Agreement to March 1, 2010 by written notice to Developer."
2. Developer Obligations. Sections 2 through 7, inclusive of Attachment No. 2 to the
Agreement are hereby deleted and replaced with the following (and item 8 of Attachment No. 2
is renumbered as item 3):
"2. On or before October 31, 2009, Developer shall submit to Agency three (3)
separate designs for the Project that comply with Sections A, C1 and C2 of the Temecula
Commercial Development Plan Application form."
3. No Other Changes. Except as otherwise provided in this Second Amendment, all other
terms and conditions of the Agreement remain in full force and effect.
11087-0027\1137126v1.doc
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
year first written above.
DEVELOPER:
PELICAN VISTA, LLC,
a California limited liability company
By:
Daniel Howse
Co-Managing Member
CITY:
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA,
a public body, corporate and politic
Shawn D. Nelson
Executive Director
ATTEST:
Susan Jones, MMC, Agency Secretary
APPROVED AS TO FORM:
Peter Thorson, Agency Counsel
11087-0027\1137126v1.doc 2
ITEM NO. 25
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: Executive Director/Agency Members
FROM: Patrick Richardson, City Planner
DATE: May 26, 2009
SUBJECT: Purchase and Sale Agreement for the purchase of property located at 28725 Pujol
Street (APN 922-062-010) by the Redevelopment Agency of the City of Temecula
RECOMMENDATION: That the Board of Directors
Adopt a resolution entitled:
RESOLUTION NO. RDA09-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS" BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA AND ANTONIO RAUL MUNIZ AND
AIDA MUNIZ FOR THE PURCHASE OF CERTAIN REAL
PROPERTY FOR AFFORDABLE HOUSING
BACKGROUND: The subject property is adjacent to the north side of the Habitat for Humanity
project where five (5) homes have been completed. Acquiring this site will allow the Agency to work
with Habitat for the construction of two (2) additional homes. The Agency is in the process of
completing the Final Map for those two (2) homes. With the addition of these two (2) additional
homes that would bring the total for this site to seven (7) Habitat homes and nine (9) for the entire
Pujol neighborhood area. The total size of the subject property is 0.23 acres. Although it is
envisioned that the subject property will be a site for additional Habitat for Humanity homes, if
negotiations are unsuccessful additional affordable housing re-use options will be analyzed.
A Phase I Environmental Analysis has been conducted on the property to determine the presence of
hazardous waste or unacceptable soil condition. The results of this analysis recommended no
further action was necessasary as long as any septic systems or water wells are properly
abandoned when the property is developed.
FISCAL IMPACT: The purchase price of $84,000.00 for the land is an all cash
transaction. Additional fund authorization in the amount of $7,500.00 is requested to cover escrow,
closing costs, and related fees. The $91,500.00 represents an all-inclusive settlement and full
payment of just compensation for the acquisition of all property interests.
Funds for this acquisition will be appropriated from the Agency's Housing fund.
ATTACHMENTS: Site Map
RDA Resolution 09-
Purchase and Sale Agreement
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RESOLUTION NO. RDA 09-
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA APPROVING THAT
CERTAIN AGREEMENT ENTITLED "PURCHASE AND
SALE AGREEMENT AND ESCROW INSTRUCTIONS"
BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA AND ANTONIO RAUL MUNIZ AND
AIDA MUNIZ FOR THE PURCHASE OF CERTAIN REAL
PROPERTY FOR AFFORDABLE HOUSING
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
1. Findings.
A. The Redevelopment Agency of the City of Temecula ("Agency") is a
community redevelopment agency duly organized and existing under the Community
Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been
authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council of the City of Temecula.
B. On June 12, 1988, the Board of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside
County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the
provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The
boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the
boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula
adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment
Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to
the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the
Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1,
1991.
C. Antonio Raul Muniz And Aida Muniz, husband and wife ("Sellers") are
the owners of certain real property located at 28725 Pujol Street in the City of Temecula, APN
922-062-010-0 ("Property")
D. Agency proposes to purchase the Property for with funds from the
Agency's Low and Moderate Income Housing Fund for the purpose of eventually developing the
Property for affordable housing in accordance with the Plan and the CRL.
E. The purchase price to be paid by the Agency for the Property pursuant to
the Purchase and Sale Agreement is not more that the fair market value of the Property.
2. Approval of Purchase and Sale Agreement. The Board of Directors of the
Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled
"PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" by and between
1081620.1
the Redevelopment Agency of the City of Temecula and Antonio Raul Muniz and Aida Muniz,
husband and wife (the "Agreement"), with such changes to the Agreement as may be mutually
agreed upon by Sellers and the Executive Director as are in substantial conformance with the
form of such Agreement on file in the Office of the Secretary/City Clerk. The Chairman is
hereby authorized to execute the Agreement, on behalf of the Agency. A copy of the final
Agreement when executed by the Chairman shall be placed on file in the Office of the
Secretary/City Clerk.
3. Executive Director's Authoritv. The Executive Director (or his designee), is
hereby authorized, on behalf of the Agency, to take all actions necessary and convenient to carry
out and implement the Agreement, and to administer the Agency's obligations, responsibilities
and duties to be performed under the said Agreement., including but not limited to, approval and
execution on behalf of the Agency of the such implementing agreements, grant deeds,
acceptances, escrow instructions, certificates, estoppel letters, and other similar agreements and
documents as contemplated by or described in the Agreement or as necessary and convenient to
implement the Agreement.
4. Certification. The Secretary/City Clerk shall certify the adoption of this
Resolution.
2
1081620.1
AGREEMENT FOR PURCHASE AND SALE
AND ESCRO11' INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this "Agreement") dated as of May 26, 2009 is entered into by and between ANTONIO RAUL
MUNIZ and AIDA MUNIZ, husband and wife (collectively, "Seller"), and the TEMECULA
REDEVELOPMENT AGENCY, a public body, corporate and politic ("Buyer").
1. SALE AND PURCHASE PRICE.
1.1 Sale and Purchase. Upon and subject to the terms and conditions in this
Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller fee simple
title to the land identified as Assessor's Parcel Number 922-062-010-0 located at 28725 Pujol
Street in the City of Temecula, County of Riverside, State of California, more particularly
described on Exhibit "A" attached hereto, together with any and all easements, privileges,
permits, licenses, entitlements, and other rights appurtenant thereto ("Real Property"), and all
buildings, fixtures, equipment, structures, parking areas, landscaping, appurtenances and other
improvements constructed or situated on the Real Property ("Improvements"). The Real
Property and Improvements are hereinafter collectively referred to as the "Property".
1.2 Purchase Price. The purchase price ("Purchase Price") for the Property
shall be Eighty-Four Thousand Dollars ($84,000), payable in cash. Within five (5) business days
after the date of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined) cash
in the amount of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a cashier's
check, by a wire transfer, or other form acceptable to the Escrow Holder. The Deposit shall be
placed in an interest-bearing account and all interest accrued thereon shall increase and become a
part of the Deposit. On the close of escrow, the Deposit shall be applied toward the cash
payment of the Purchase Price. Prior to the close of escrow, the Deposit shall be fully refundable
to Buyer in the event this Agreement is terminated and Buyer is not in default. The remaining
balance of the cash payment of the Purchase Price shall be deposited by Buyer into Escrow in the
form of a cashier's check, wire transfer, or other form acceptable to the Escrow Holder, prior to
the close of escrow.
1.3 No Relocation Assistance. Seller hereby acknowledge and agree that the
Property is owner occupied, and that the purchase and sale of the Property is being made in the
course of voluntary negotiations between Seller and Buyer. Buyer shall have no obligation to
Seller under the State Eminent Domain Law or under the Relocation Assistance and Real
Property Acquisition statutes and guidelines, including but not limited to California Government
Code Section 7260 et seq. and Section 6000 et seq. of Title 25 of the California Code of
Regulations, and the Seller hereby waives any such assistance or benefits if applicable. Seller
hereby further waives any and all claims he may have now or in the future for compensation for
relocation assistance, relocation benefits, pre-condemnation damages, compensation for property
or for loss of goodwill under California Code of Civil Procedure Section 1263.510 et seq. or any
other applicable law.
11087-0009\1115232v2.doc 1
2. TITLE.
2.1 General. Title to the Property shall be conveyed by a Grant Deed
acceptable to the Buyer and shall be evidenced by a CLTA Standard Coverage Form of Owner's
Policy of Title Insurance (or an ALTA Extended Coverage Form Policy if Buyer elects such
coverage as provided in Paragraph 2.3 hereof) ("Title Policy"), the cost of which shall be borne
by Buyer, issued by First American Title Company, 3625 Fourteenth Street, Riverside,
California 92501, Title Officer: Debra Dunn ("Title Company"), with liability in the full amount
of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens
and encumbrances and other matters affecting title to the Property, except:
2.1.1 Real property taxes not yet due and payable; and
2.1.2 Items 3, 4, 5 and 6 described in that certain Preliminary Title
Report dated February 4, 2009 prepared by First American Title Company under Order No.
0625-3223338 (22).
2.2 Acts After Date of Agreement. During the period from the date of this
Agreement through the close of escrow, Sellers shall not record, or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
Property without the prior written consent of the Buyer.
2.3 Option for ALTA Coverage. Buyer shall have the option of obtaining an
ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA
Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most
recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended
Coverage Form Policy of Title Insurance shall be borne by Buyer.
3. RIGHT OF ENTRY.
3.1 Seller hereby grants Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives") the right to enter on the Property for the purpose
of conducting soils and geological investigation and testing for toxic or hazardous substances
and other contamination. Such investigations shall be at Buyer's expense.
3.2 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services, and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.3 Buyer and its Representatives shall promptly notify the Seller of any
discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and/or use of the Property under this Agreement.
11087-0009\1115232v2.doc 2
3.4 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep the
Property, and any improvements and personalty thereon, in good order and repair and safe
condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and
expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot be repaired, Buyer
shall replace such damaged or altered property to the extent possible.
3.5 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
successors, and assigns (individually as "Indemnitee" and collectively, "Indemnitees"), free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other
professionals, and all costs associated therewith, arising or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to any act, failure to act, error, or omission
of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly, out of, in
connection with, resulting from, or related to entry upon the Property pursuant to this Paragraph
3, except for that portion or percentage of a Claim against an Indemnitee based on the
negligence, gross negligence or willful misconduct of such Indemnitee.
4. ESCROW.
4.1 Agreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company, 3625 Fourteenth Street, Riverside, CA 92501, Attention: Debra Dunn ( Escrow
Officer ) ("Escrow Holder"), within five (5) business days after the execution of this Agreement
(or copies thereof) by Buyer and Seller by depositing an executed copy or executed counterparts
of this Agreement with Escrow Holder. This document shall be considered as the escrow
instructions between the parties, with such further instructions as Escrow Holder requires in
order to clarify the duties and responsibilities of Escrow Holder. If Escrow Holder shall require
further escrow instructions, Escrow Holder shall promptly prepare such escrow instructions on
its usual form for the purchase and sale of the Property upon the terms and provisions hereof.
Provided such further escrow instructions are consistent with this Agreement, they shall be
promptly signed by Buyer and Seller within five (5) business days after delivery thereof to each
party. The further escrow instructions shall incorporate each and every term of this Agreement
and shall provide that in the event of any conflict between the terms and conditions of this
11087-0009\1115232v2.doc 3
Agreement and such further escrow instructions, the terms and conditions of this Agreement
shall control.
4.3 Opening of Escrow. Escrow shall be deemed open on the date of delivery
to the Escrow Holder of a copy of this fully executed Agreement.
4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before July
23 2009 ("Closing Date"). All risk of loss or damage with respect to the Property shall pass
from Sellers to Buyer at the close of escrow. Possession of the Property shall be delivered to
Buyer upon the close of escrow.
4.5 Buyer's Deliveries. On or before the close of escrow, Buyer shall deposit
into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The Purchase Price; and
4.5.2 a Certificate of Acceptance duly executed and acknowledged (for
attachment to the Grant Deed).
4.5.3 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow.
4.6 Seller's Deliveries. Before the close of escrow, Seller shall deposit into
escrow the following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer;
4.6.2 Non-foreign affidavits with respect to Seller (both California state
and federal forms); and
4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
4.7 Conditions to the Close of Escrow. Escrow shall not close unless and until
both parties have deposited with Escrow Holder all sums and documents required to be deposited
as provided in this Agreement. The failure of a party to timely deposit any such sums and/or
documents shall constitute a default by such party. Furthermore, escrow shall not close unless
Seller shall be able to deliver possession of the Property to Buyer free of all tenants, leases
and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer and its
employees, agents, representatives, council members, attorneys, successors and assigns from and
against any and all claims raised after closing by tenants raising or seeking any rights to
relocation assistance or benefits based on their tenancy on the Property prior to the sale
hereunder. In addition to the closing conditions set forth above, Buyer's obligation to proceed
with the transaction contemplated by this Agreement is subject to the satisfaction of all of the
following conditions precedent, which are for Buyer's benefit and may be waived only by Buyer:
11087-0009\1115232v2.doc 4
4.7.1 Seller shall have performed all agreements to be performed by
Seller hereunder;
4.7.2 Seller's representations, warranties and covenants set forth in this
Agreement shall be true and correct as of the Closing Date;
4.7.3 Buyer's approval, in its sole and absolute discretion, of the results
of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or water
contamination tests and analyses as Buyer or its agents, employees or representatives may, prior
to the Closing Date, perform with respect to the Property;
4.7.4 As of the Closing Date, there shall have been no material adverse
changes in the physical condition of the Property, as described in Paragraph 6 or otherwise; and
4.7.5 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property
to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility
easements of record as are approved by Buyer in its sole and absolute discretion.
Waiver of any condition to close of escrow shall not relieve any party for liability
resulting from breach of any representation, warranty, covenant or agreement under this
Agreement. In the event that the conditions to close of escrow are not timely satisfied for a
reason other than a default of Buyer or Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Sellers hereunder shall terminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (A) Buyer has had the opportunity to waive any condition for
Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice
from Sellers or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does
not elect to waive such condition; and
(ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer in
escrow and to return to Sellers all funds and documents deposited by Sellers in escrow and which
are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise
entitled to such funds, however, the amount of any cancellation charges required to be paid by
such party under Paragraph 4.12 below).
4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds
and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest available
tax information or, at Seller's election, such taxes, liens and assessments may be paid in full
through escrow to the lienholder. If such liens are paid through escrow, Escrow Holder shall
cause the liens to be discharged and the discharge recorded prior to conveyance of fee title of the
11087-0009\1115232v2.doc 5
Property to Buyer. Any supplemental or escape real estate taxes and assessments on the Property
attributable to the period prior to the close of escrow shall be paid by Seller outside of the
escrow. All prorations shall be determined on the basis of a 360-day year.
4.10 Costs of Escrow. Buyer shall pay all escrow fees and costs associated
with the purchase of the subject real property, the cost of recording the Grant Deed, if any, the
cost of documentary transfer taxes in connection with the recordation of the Grant Deed, if any,
and all other closing costs or charges.
4.11 Escrow Cancellation Charm. In the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any other
reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges.
4.12 Broker's Commissions. Buyer and Seller represent to one another that no
broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants
and agrees that any broker fee or commission, which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller.
Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives, council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
5. REPRESENTATIONS AND WARRANTIES BY SELLERS.
In consideration of Buyer's entering into this Agreement and as an inducement to Buyer
to purchase the Property, Seller makes the following representations and warranties, each of
which is material and is being relied upon by Buyer (the continued truth and accuracy of which
shall constitute a condition precedent to Buyer's obligations to close hereunder and each of
which shall survive the close of escrow):
5.1 There are no suits pending against or affecting or, to the best of Seller's
knowledge, without having made investigation thereof, threatened against the Property or its use,
whether in law or at equity;
5.2 Other than as disclosed in this Agreement, no joinder, consent, or waiver
of or by any third party is necessary to permit the consummation by Seller of the transaction
contemplated pursuant to this Agreement;
5.3 To Seller's best knowledge, there are no materials, reports and information
in relating to the Environmental Condition (any condition that exists prior to or after the Closing
Date, with respect to the air, land, soil, surface, subsurface strata, surface water, ground water,
storm water or sediments) of the Property, and there are no outstanding environmental
remediation orders or decrees (federal or state) regarding the Property. Seller shall deliver to
Buyer any materials and reports relating to the Environmental Condition of the Property which
comes into Seller's possession, and any information relating to the Environmental Condition of
the Property of which Seller becomes aware;
11087-0009\1115232v2.doc 6
5.4 To the best of Seller's knowledge, Seller is not aware of the existence of
any violation of law or violation of governmental regulation with respect to the Property,
including any Environmental Laws, as hereinafter/ defined;
5.5 There are no pending, or to the best of Seller's knowledge, without having
made investigation thereof, threatened proceedings in eminent domain, which would affect the
Property, or any portion thereof,
5.6 There has been no production, disposal or storage on the Property of any
Hazardous Materials (as hereinafter defined) by Seller or any of the contractors, agents,
employees or representatives of Seller or, to the best of Seller's knowledge, any previous owner
or current or previous tenant of the Property; and to the best of Sellers knowledge, there has not
been any other activity on the Property which could have resulted in the deposit or release on the
Property of Hazardous Materials, or the violation of any Environmental Laws, or which could
result in any proceeding or inquiry by any authority with respect thereto;
5.7 Seller is not a "foreign person" within the meaning of Internal Revenue
Code 1445; and
5.8 As of the Closing Date, there shall be no leases and/or other agreements in
existence affecting the Property.
The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof. any hazardous substance, pollutant, contaminant, waste, by-product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et sec; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sec; asbestos and
asbestos-containing materials, PCBs and other substances regulated under the Toxic Substances
Control Act, 15 U.S.C. Section 2601 et sec ; source material, special nuclear material, by-product
material and any other radioactive materials or radioactive wastes, however produced, regulated
under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the
OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et sec; industrial process
and pollution control wastes, whether or not hazardous within the meaning of the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a
"hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil
Procedure Section 736(f)(3); and any other substance or material regulated by any
Environmental Laws.
The term "Environmental Laws" shall mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et sec l-, the Clean Water Act, 33 U.S.C. Section 1251
et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et sec; the Marine Protection, Research, and Sanctuaries Act, 33
U.S.C. Section 1401 et sec; the National Environmental Policy Act, 42 U.S.C. Section 4321 et
sec; the Noise Control Act, 42 U.S.C. Section 4901 et sec; the Occupational Safety and Health
11087-0009\1115232v2.doc 7
Act, 29 U.S.C. Section 651 et sec; the Resource Conservation and Recovery Act 42 U.S.C.
Section 6901 et sec; as amended by the Hazardous and Solid Waste Amendments of 1984; the
Safe Drinking Water Act, 42 U.S.C. Section 300f et seMc; the Comprehensive Environmental
Response, Compensation and Liability Act 42 U.S.C. Section 9601 et sec; as amended by the
Superfund Amendments and Reauthorization Act, the Emergency Planning and Community
Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic
Substances Control Act 15 U.S.C. Section 2601 et sue; the Atomic Energy Act, 42 U.S.C.
Section 2011 et sec ; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et sec. ;
and state and local environmental statutes and ordinances, with implementing regulations and
rules in effect on or prior to the date hereof.
6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR
DESTRUCTION.
6.1 If, prior to the close of escrow, any material portion of the Property is
taken or if the access thereto is reduced or restricted by eminent domain or otherwise (or
becomes the subject of a pending, threatened or contemplated taking which has not been
consummated, other than any such taking prosecuted by or on behalf of the Buyer), Seller shall
immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and
absolute discretion, to terminate this Agreement upon written notice to Seller given not later than
ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this option to
terminate this Agreement, neither party shall have the right to terminate this Agreement, but the
Seller shall assign and turn over to Buyer, and the Buyer shall be entitled to receive and keep, all
awards for the taking by eminent domain which accrue to Seller, and the parties shall proceed to
the close of escrow pursuant to the terms hereof, without modification of the terms of this
Agreement and without any reduction in the Purchase Price. Unless and until this Agreement is
terminated, Seller shall take no action with respect to any eminent domain proceeding without
the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed.
6.2 If, prior to the close of escrow, any material portion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any
earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising
from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller
shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its
sole and absolute discretion, to terminate this Agreement upon written notice to Sellers given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to terminate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or
destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof,
without modification of the terms of this Agreement and without any reduction in the Purchase
Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any such damage and
destruction without the prior written consent of Buyer, which consent shall not be unreasonably
witl-Aleld or delayed.
11087-0009\1115232v2.doc 8
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
8. ATTORNEYS' FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, or in connection with the
Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICES. All notices, requests, demands and other communication given or
required to be given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Buyer: Temecula Redevelopment Agency
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: Luke Watson
With a Copy To: Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
Attention: Peter Thorson
To Seller: Antonio and Aida Muniz
33495 Mirage Circle
Temecula, CA 92592
To Escrow Holder: First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Attention: Debra Dunn-, Escrow Officer
Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee, if personally delivered, and
on the date indicated in the return receipt or courier's records as the date of delivery or as the
date of first attempted delivery, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 9 by giving notice to the other party and to Escrow Holder
as herein provided.
10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either party without the prior written consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their successors and assigns.
1 1087-0009\1 1 15232v2.doe 9
12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged herein
and shall not be effective for any purpose. No provision of this Agreement may be amended,
supplemented or in any way modified except by an agreement in writing signed by the parties
hereto or their respective successors in interest and expressly stating that it is an amendment of
this Agreement.
13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is
not consummated as a result of the Buyer's material default hereunder, then Sellers may enforce
their rights hereunder by an action against Buyer for damages, resulting from the material breach
of this Agreement by Buyer.
14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights
granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if
there is a breach by Seller of any material provision of this Agreement, Buyer would not have
any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder may
be enforced by an action for specific performance and such other equitable or legal relief as is
provided under the laws of the State of California.
15. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this Agreement.
16. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terms.
18. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is
intended to confer upon any person, other than the parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEV ERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes aware
of such invalidity, illegality or unenforceability. In the event of such termination, all funds
11087-0009\1115232v2.doc 10
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer
of this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein,
which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing
and returning to Sellers a counterpart of this Agreement on or before July 23, 2009. Sellers
understand and agree that Buyer is a governmental entity which must schedule and hold one or
more meetings of its governing body in order to authorize Buyer's acceptance of this offer and
that Buyer is relying on the irrevocability of this offer in processing it for consideration by the
City Council of the City of Temecula and its governing body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code Section
1152, and in the event this Agreement is not fully executed by the parties hereto, or is terminated
for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's liability in
inverse condemnation, for precondemnation damages or otherwise, and may not be used as an
admission of value in any eminent domain or other proceeding.
11087-0009\1115232v2.doc 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
SELLER:
Antonio Raul Muniz
Aida Muniz
BUYER:
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and politic
By:
Print Name:
Attest:
Agency Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
11087-0009\1115232v2.doc 12
EXHIBIT "A"
LEGAL DESCRIPTION OF THE LAND
LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE(S) 726
OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH
SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8, 1936 IN BOOK 304,
PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
A.P.N.922-062-010-0
11087-0009\1115232v2.doc A-1
RDA DEPARTMENTAL
REPORT
ITEM NO. 26
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Agency Members
FROM: Patrick Richardson, City Planner
DATE: May 26, 2009
SUBJECT: Redevelopment Departmental Monthly Report
RECOMMENDATION: Receive and file.
REDEVELOPMENT
Town Square Market Place - As part of the Civic Center Master Plan, the City has created a
development opportunity for approximately 52,000 square feet of commercial and office
development surrounding the Town Square along the reconfigured Main Street. The Agency issued
a Request for Interest to select a preferred development partner. On August 26, 2008, the City
Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop
the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent
property owners. They have worked closely with staff on site planning issues. On January 22, 2009
the Executive Director granted a three-month extension to the Exclusive Negotiating Agreement
which expires on May 26, 2009. Staff is recommending the Redevelopment Agency extend the ENA
for an additional 6 months while the Agency and Pelican explore further options for the use of the
site.
Auto Mall Sign - The Agency met with representatives of the Temecula Valley Auto Mall Association
and discussed new deal points regarding the Loan Agreement for the funding of the sign's
construction. Those deal points are currently being reviewed by the members of the Association
and staff is awaiting their feed back in order to proceed.
Facade Improvement Program - The Facade Improvement Program provides funding assistance to
Old Town business and property owners to provide exterior improvements to their buildings and
property. Funding in the amount of $102,000 is available during FY 2008-09.
The following facade improvements are in process or recently completed:
■ La Menagerie - Design and install sand blasted wood signs
■ Butterfield Square - Paint exterior and replace exterior wood paneling
■ European Living - New signs
■ The Public House Restaurant - Hardscape improvements
■ English Cottage Garden - New signs
■ Up Your Alley Clothing - New signs
■ Farmer's Insurance - New signs
■ Truax Development - New signs
■ Travel by Cheryl - New signs
■ Farmer's Insurance (Eftekari) - New signs
■ Timeless Portraits by Rhonda - New signs
■ Emporium Center - Facade Renovation
HOUSING
Housing Element Update - The Agency is preparing the Housing Element Update. A second draft of
the Housing Element was submitted to the State Department of Housing and Community
Development (HCD) for a 60-day review and comment period on July 2, 2008. HCD comments
were received on September 8, 2008. Staff met with HCD on October 17, 2008 to review proposed
amendments based on HCD's comments. HCD provided additional comments and direction on
December 4, 2008 and again on January 20, 2009. RDA staff revised the final draft based on
HCD's January letter. Staff submitted the final draft Housing Element to HCD on April 9, 2009. A
revised timeline has been prepared that anticipates a Planning Commission hearing in July 2009
and a City Council hearing in August 2009. Upon adoption by the City Council, the Housing Element
will be submitted a final time to HCD for a 90-day Certification review.
The Warehouse at Creekside - On August 12, 2008, the City Council approved an Owner
Participation Agreement with Warehouse at Creekside foran Affordable Housing Mixed Use Project.
The Agency is currently working with Bill Dalton on a new development on 3rd Street in Old Town.
The proposed development includes 32 units of affordable housing and a 3500 square foot ground
floor of commercial. The project includes one dedicated parking space for each residential unit.
Grading permits have been issued for the project. Dalton has submitted foundation plans for plan
check.
Diaz Road Exclusive Negotiation Agreement - The Agency issued a Request for Interest to select a
preferred development partner for the 30-acre site located on Diaz Road. Seven firms have
responded. On September 9, 2008, the City Council entered into an Exclusive Negotiating
Agreement with RC Hobbs Company to develop the project. The applicant has met with adjacent
property owners and has worked diligently with City staff on various site-planning issues. The
Executive Director granted a three-month extension to the Exclusive Negotiating Agreement on
January 28, 2009 which expires June 9, 2009. The applicant filed the development plan application
on February 5, 2009 and has submitted their development pro forma on schedule per the ENA.
Temecula Lane - On January 13, 2009 the City Council adopted a resolution to accept 11 residential
units within the Temecula Lane development. The resolution called for the initiation of the process
of conveyance of these 11 units to a suitable affordable housing partner. On January 16, 2009 the
Agency issued a Request for Proposal (RFP) to solicit a potential affordable housing partner to take
ownership of the 11 units within the Temecula Lane development. The deadline for the RFP
submittals is February 12, 2009. The Agency interviewed 6 potential affordable housing partners
and made a recommendation to the Council at closed session on April 14, 2009. The Agency has
placed on the May 26, 2009 Council Meeting agenda the Acceptance of the Purchase and Sale
Agreement (PSA) with to chosen affordable housing partner. If the PSA is accepted by Council,
staff anticipates the closing of the real estate transaction to take place on June 19, 2009.
First Time Homebuvers Program - On July 22, 2008, the City Council approved an amendment to
increase the loan amount for down payment assistance from $24,000 to $65,000. This down
payment assistance will allow qualifying households to purchase homes in the $250,000 - $300,000
price range. Payments and interest are deferred for the first 5 years and then fully amortized in
years 6 through 30. The Agency conducted a workshop for approved lenders on November 20,
2008 to explain and promote the program. A second presentation was made to the Southwest
Riverside Board of Realtors on December 4, 2008. Staff continues to receive daily calls of interest
in the program and the Agency has closed escrow on two purchases totaling $75,853 and has
received an additional four requests for funding at this time.
Summerhouse - The Agency is currently in discussions with an affordable housing developer in
regards to the purchase of the Summerhouse development near the intersection of Margarita Road
and Temecula Parkway. The affordable housing developer has entered into escrowforthe site and
submitted a development pro forma which is currently being reviewed.
Residential Improvement Programs - The program budget for FY 08-09 is $200,000.00, with
$105,000 funded to date. The amount available to each participant is $7,500.
DEPARTMENTAL
REPORTS
ITEM NO. 27
Approvals
City Attorney
Director of Finance
City Manager
[
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Richardson, City Planner
DATE: May, 2009
SUBJECT: Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of April 2009.
New Cases
The Division received 71 new applications for administrative, other minor cases, and home
occupations including 6 applications for public hearings during the month of April.
Special Projects & Long Range Planning Activities
The Long Range Planning Division commits work efforts toward larger scale and longer time frame
projects for both private and public purposes. These activities can range from a relatively simple
ordinance or environmental review to a new specific plan or a general plan amendment. Some of
the major special projects and long range planning activities currently in progress are described in
the paragraphs below:
Temecula Regional Hospital - This project was approved by the City Council on January 22,
2008. The CEQA challenge period for the Supplemental El R expired on February 28, 2008.
No legal challenges were filed regarding the SEIR. The CEQA challenge period for the
second reading of the Zone Change expired on March 14, 2008. The City Attorney filed a
Return to the Writ of Mandate for the project with the Riverside County Superior Court on
March 20, 2008. Building plans are being reviewed by the Office of Statewide Health
Planning and Development and the applicant's architect has indicated that approval of these
plans is expected by the end of May, 2009. The applicant continues to actively work with
staff regarding permits for rough grading, processing precise grading, street improvement
plans, and a Water Quality Management Plan. (FISK)
General Plan Housing Element Update - State law requires the City to adopt an update to
the Housing Element by June 30, 2008 and it must be certified by the State Department of
Housing and Community Development (HCD) by December 31, 2008. A draft version of the
Housing Element was sent to HCD on February 12, 2008 to begin its 60-day review and
comment period. Staff received comments on the draft Housing Elementfrom HCD on April
13, 2008. Based on these comments, staff prepared a revised draft and submitted to HCD
for a second 60 -day review on July 2, 2008. Preliminary HCD comments were received on
September 8, 2008. Additional written comments were received from HCD on January 20,
2009, and RDA staff revised the final draft based on HCD's January letter. Staff submitted
the final draft Housing Element to HCD on April 9, 2009, and HCD maytake up to 60 days to
review the final draft. Staff anticipates a Planning Commission hearing in late June or July,
2009 and a City Council hearing in late July or August, 2009. Upon adoption by the City
Council, the Housing Elementwill be submitted a final time to HCD for a 90-day Certification
review. (PAPP)
Nicolas Valley Rural Preservation Area - Staff held a community meeting on February 26,
2009, where 70-80 residents attended. Concerns regarding road cost, financing
mechanisms and zoning densities were discussed. A community meeting was held March
19, 2009 to explain in more detail all zoning options, financing, and a community survey to
be mailed following the meeting. The surveywas mailed to property owners and residents on
March 31, 2009 to determine support for proposed zone change (2.5 acres, 1 acre, or %
acre minimums) due to responses received from various property owners that'/ acre is not
wanted; the survey will also gauge support for the future CFD. Staff mailed surveys to 124
property owners and 22 residents. The owner response rate was 72%; the resident
response rate was 4%; and the overall response rate was 62%. The survey clearly indicated
that there is not support for a CFD for roadway improvements (57% of owners and 83% of
registered voters within the CFD boundary would not support). The survey did not clearly
reveal an overwhelming decision on preferred zoning for each of the districts. Based on
direction from the Council subcommittee, staff will hold a Community Meeting on May 21,
2009 to inform the residents of the survey responses and discontinue this work effort. Staff
will complete the roadway design traffic study and hydrology study which is currently being
prepared. No additional technical studies/consultant work will be completed. Staff is
currently finalizing revisions to the Dirt Road Policyto allow more leniency for additions and
replacement of existing residences. (PETERSIKITZEROW)
Transportation Planning - The RTA Board approved the proposed route for the Temecula
Trolley (previously referred to as the Harveston Trolley). The new service will begin in June
2009 to coincide with the new service changes to other RTA routes. The service will attract
local residents and business to utilize public transit as a means to travel to school, retail and
commercial centers, and connections to other RTA routes. Trolley service will be provided
Monday through Friday in the morning and afternoon, connecting the Harveston community
to Chaparral High School, the Promenade Mall, and the County Administrative offices just
south of the Harveston community. A route will also operate between the Mall and Old Town
Temecula during the lunch period, as well as on the weekends. Staff is also working with
WRCOG, SCAG, ROTC, RTA, SANDAL, and the Cities of Temecula, Murrieta, and Lake
Elsinore through the 1-15 Interregional Partnership (1-15 IRP) on a Smart Growth Concept
Map, which will coordinate land use and transportation decisions to accomplish the goals of
SB 375 and AB 32. The SANDAG Smart Growth Map Working Group held their second
meeting on April 14, 2009. The working group is currently refining the place type
descriptions and their locations within the project area. The 1-151RP Joint Policy Committee
will meet on May 27, 2009 to review the progress of the Smart Growth Map Working Group
and provide policy direction. (WEST/INNES)
■ Heritage Tree Ordinance - Staff has prepared a Heritage Tree Ordinance which will protect
certain tree species and other significant trees throughout the City. The item was reviewed
by the Planning Commission on April 16, 2008, on January 21, 2009 and on February 18,
2009. Staff has addressed all of the concerns expressed by the Planning Commission and
the Commission unanimously recommended approval of the proposed Heritage Tree
Ordinance. This item was presented to the City Council on March 24, 2009 at which time
the City Council requested a continuance to address various concerns. Staff anticipates
bringing this item back before the Council in June, 2009. (PAPP)
■ Sustainability Program - The City Sustainability Committee held their second meeting on
April 22, 2009 to review progress of the City Sustainability Plan and to provide direction to
staff regarding the proposed implementation measures, which are intended to achieve the
goals of the Plan and which were previously identified. To date, approximately 90
implementation measures have been identified for each of the Plan categories (Energy,
Green Buildings, Water, Air Quality, Waste Reduction, Transportation & Community Design,
Open Space, and Public Outreach & Education). The implementation measures include
policies, ordinances, standards, additional recommended analysis, specific programs, and
community outreach. The City Sustainability Committee supported the proposed
implementation measures, but added that the City's new Civic Center is expected to be
LEED® Certified, that staff should work with private schools as well as public schools and
the UCR Cooperative Extension Program when developing a school composting and organic
gardening program, and to organize an Earth Day event for 2010. The next task is to
complete a cost/benefit analysis of the proposed implementation measures, which will focus
on the potential monetary costs to homeowners and business owners, along with the cost
savings and environmental benefits that will occur as a result of the implementing the
proposed measures. Additionally, The Energy Coalition was present at the April 22nd
meeting and gave a presentation to the City Sustainability Committee regarding the
Community Energy Partnership Program, which includes the addition of three cities to the
Coalition to participate in the Community Energy Partnership Program. The Program
provides to its members, technical assistance through the evaluation of energy use at
municipal facilities, grant assistance, community outreach and education, and the alignment
of state, public utility, and local energy goals. Fallowing the presentation, the City
Sustainability Committee directed staff to bring forward a MOU between the City and The
Energy Coalition, to the City Council. No financial commitment is required from the City to
become a member of the Coalition. Staff continues to develop and add information to the
Sustainabilitywebpage. The latest update includes results of the Sustainability Survey and a
resource page for residents and business owners. Staff continues development of the
Energy Efficiency Improvement program, which would allow property owners to apply for a
low-interest loan for energy improvements that would be paid through propertytaxes. This
program is being modeled after the Palm Desert programs as authorized under the recently
passed AB 811 legislation. Staff also continues to develop the scope of work for the green
house gas emissions analysis with WRCOG and is hopeful that a kick-off meeting will ensue
in the near future. The Sustainability Technical Advisory Committee is reviewing the
application requirements and eligible programs types for the American Reinvestment and
Recovery Act funds from the Energy Efficiency and Conservation Block Grant.
(WESVINNES)
Small Wind Energy Conversion System Ordinance - Staff proposed the draft Ordinance to
the Planning Commission on May 5, 2009. The proposed standards would allow Small
Wind Energy Conversion Systems within commercial and residential zoning districts to
reduce on-site consumption of utility supplied electricity. The Planning Commission
expressed concerns with height limitations, visual impacts, and location of systems within
sensitive areas. The Planning Commission directed staff to revise the Ordinance based on
their comments and continued the item to the May 20, 2009 meeting. (WEST)
Santa Margarita Area Annexation - On November 19, 2008, the Planning Commission
recommended approval to proceed with an application to the Riverside County Local Agency
Formation Commission to expand the City's Sphere of Influence and annex the Santa
Margarita Area consisting of approximately 4,997 acres located immediately southwest of
the City. On December 9, 2008, the City Council adopted Resolutions in favor of the Sphere
of Expansion and Annexation. The City Council also certified the Environmental Impact
Report for this project on December 9, 2008. Staff filed an application with LAFCO on
December 17, 2008 and anticipates the LAFCO Sphere of Influence and Annexation hearing
for this project to be held on June 4, 2009. (LOWREYIRICHARDSON)
Development Code Update - Staff is preparing an update of the Development Code with
various changes that include: codification of the City's current policywhich allows directional
signs for colleges and universities; amendment to large family daycares consistent with
State Law; removal of granny flats from the code consistent with State Law; updating the
square footage allowance for guest houses to be the same as what is allowed for second
dwelling units; wine tasting to require a CUP (unless the applicant is also a wine maker),
minimizing requirements which trigger processing a sign program, and other minor
clarifications within the Code. A public hearing is anticipated for Planning Commission on
June 17, 2009 and Planning Commission recommendations will be brought forward to the
City Council on July 14, 2009. (LOWREY)
Old Town Specific Plan Update - Staff is working in conjunction with consulting firms Inland
Planning+Design and Fehr and Peers (parking and circulation) to prepare an update to the
Old Town Specific Plan that addresses the ten goals and recommendations for Old Town
presented to City Council on March 25, 2008. On August 11, 2008, the Old Town Local
Review Board formed a steering committee forthe Specific Plan Update currently consisting
of Board Members Blair and Moore, with the purpose of this committee being to provide the
Old Town Local Review Board with additional opportunities to review and comment on
concepts and preliminary plans as the Specific Plan update progresses and for the
committee to report back to the other Board members on the progress of the update.
Commissioners Chiniaeff and Guerriero are also members of the Steering Committee, which
most recently met on March 3, 2009 to review progress on the design guidelines for the
Specific Plan Amendment. Staff intends to complete the first draft of the Specific Plan
Amendment in August 2009, to present the draft update to the steering committee and the
public in August 2009, and to bring the updated plan to the Old Town Local Review Board
for review in September 2009, to the Planning Commission for review in October 2009, and
to City Council for review in November 2009. (FISKIINNESILOWREY)
Planning Agenda Report
4/1/2009 through 4/30/2009
1.
• PA09-0077 Cross Walk 2009 910300008 CHRISTINE DAMKO
A Major Temporary Use Permit for the 23rd Annual Crosswalk on April 10, 2009 from 11:00am to 3:00pm starting at
Temeku Cinemas in Palm Plaza and ending at Sam Hicks Park in Old Town.
Submitted Date Approved Date
3/2/2009 Apr 6 2009
APN #
• PA09-0098 Used Car Sale Major TUP 910420005 ERIC JONES
A Major Temporary Use Permit for a used car tent sale to be held at the Promenade Mall in the Macy's parking lot
from April 17th through April 19
Submitted Date Approved Date
3/12/2009 Apr 8 2009
APN #
• PA09-0106 Old Town Corvette Show 922073024 CHRISTINE DAMKO
A Temporary Use Permit for an "Old Town Corvette Show" located in the Stampede parking lot on April 19, 2009
from 7:30 a.m. to 3:00 p.m.
Submitted Date Approved Date
3/19/2009 Apr 13 2009
APN #
• PA09-0117 CHS Business Expo 920090005 ERIC JONES
A Major Temporary Use Permit for a Business Expo on April 25, 2009 at Chaparral High School located at 27215
Nicolas Road.
Submitted Date Approved Date
3/26/2009 Apr 15 2009
Recently Approved
APN #
1 of 4
Planning Agenda Report
4/1/2009 through 4/30/2009
2. Scheduled for Hearing
APN #
• PA08-0004 Verizon Wireless CUP 953390002 BETSY LOWREY
Planning Application Number PA08-0004, a Conditional Use Permit/Antenna Facility Application for Verizon to
reconstruct an existing wireless 68-foot cellular Monopine and co-locate two additional antenna arrays for a total of
three antenna arrays, replace all 53 existing branches with enhanced branches/foliage and add 37 additional
branches, provide additional landscaping including trees and vines to screen the project and related equipment
located within a fenced enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east
side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly
31008 Rancho California Road [APN 953-390-002].
Submitted Date DRC Meeting Date Planning Commision
1/7/2008 May 20 2009
APN #
• PA08-0117 T-Mobile Cell Tower Redhawk 962040012 ERIC JONES
A Conditional Use Permit and Antenna Facility Application for a cell tower developed as a 50' flag pole located
45100 Redhawk Parkway. A wall and gate will be incorporated with the project to conceal equipment. (Previous
Application: PR07-0020)
Submitted Date DRC Meeting Date No Hearing Planned
5/22/2008 TBD
APN #
• PA08-0125 Temecula Village PDO-5 Amend1 944290012 CHERYL KITZEROW/MATT PETERS
A Zoning Amendment to modify PDO-5 (Temecula Village) to permit Grocery Stores up to 15,000 square feet with a
Conditional Use Permit (currently allowed up to 10,000 SF w/CUP). Other changes include reducing landscape
buffer/setback along Rancho California Road from 25 to 20 feet and miscellaneous clean-up/references to previous
approvals. Temecula Village is located along the south side of Rancho California Road, east of Moraga Road.
(Associate projects PA08-0122 and PA08-0123 - Fresh and Easy DP/CUP) Pending City Council hearing (date to
be determined).
Submitted Date
DRC Meeting Date
Planning Commision
6/4/2008
6/26/2008
Oct 15 2008
APN #
• PA08-0149 Monopine CUP 953390002 BETSY LOWREY
Planning Application Number PA08-0149, a Conditional Use Permit/Antenna Facility Application for AT&T to replace
an existing wireless 50-foot cellular monopole with a newly constructed aesthetically enhanced 65-foot wireless
cellular Monopine (faux pine tree), co-locate an additional antenna array for a total of two antenna arrays, and
provide additional landscaping including trees and vines to screen the project and related equipment located within
a fence and wall enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of
Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008
Rancho California Road [APN 953-390-002].
Submitted Date DRC Meeting Date Planning Commision
6/26/2008 May 20 2009
2of4
Planning Agenda Report
4/1/2009 through 4/30/2009
3. New Submittals Pending DRC Meeting
APN #
• PA08-0143 BAILY'S RESTAURANT BANQUET 922046018 CHRISTINE DAMKO
TUP
A Major Temporary Use Permit to allow Baily's Restaurant to conduct banquets/events throughout the year within an
approximately 2,000 square foot tent on restaurant property. Live entertainment is also part of this application.
Baily's Restaurant is located at the northwest corner of Front Street and Second Street within the Old Town Specific
Plan.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
6/25/2008 TBD
APN #
• PA09-0059 HELP Ride Event 922073024 CHRISTINE DAMKO
A Major Temporary Use Permit for the first annual HELP Motorcycle Ride on August 29, 2009 in Old Town
Temecula. The event proposes to "show" motorcycles in the Stampede parking lot and on Front Street between
Second and Third Streets (street closure required) followed by a music concert on Quaid Harley Davidson property
located near the south end of Old Town Front Street.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
2/20/2009 TBD
APN #
• PA09-0061 Jehovah Witness Hall DP/CUP 957120019 ERIC JONES
A Development Plan with Conditional Use Permit to construct and operate a 9,958 square foot Religious Institution
(Kingdom Hall for the Jehovah Witness Congregation) on 3.15 acres within VL zoning, generally located on the
northeast corner of Calle Girasol and Aussie Avenue, at 31640 Calle Girasol (APN 957-120-019) (Related Pre-App
case: PR08-0052)
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
2/23/2009 TBD
APN #
• PA09-0137 Palomar Hotel Minor CUP 922024009 ERIC JONES
A Minor Conditional Use Permit for the Temecula House of Wine and Martini Bar to be housed within the future
expanded Palomar Hotel located at 28522 Old Town Front Street. The wine garden will be located in the first floor
courtyard along Front Street and the Martini Bar will be located on the 4th floor of the hotel expansion (Related
applications: PA08-0134 - Palomar Hotel Expansion & PA08-0138 - Public Convenience or Necessity)
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
4/6/2009 TBD
APN #
• PA09-0156 7-11 at Winchester PCN 910281003 CHERYL KITZEROW/MATT PETERS
A Finding of Public Convenience or Necessity application for a Type 21 (off-sale beer and wine) ABC license for a
proposed 7-11 convenience store occupying 3,016 square feet of retail located in an existing building at the
northwest corner of Winchester and Ynez Roads, addressed as 41125 Winchester Road, Suite A3. (Census Tract
0432.10) Related Case: PA09-0157
Submitted Date Anticipated DRC Meeting Date Planning Commision
4/21/2009 Jun 17 2009
APN #
• PA09-0157 7-11 @ Winchester CUP 910281003 CHERYL KITZEROW/MATT PETERS
3of4
Planning Agenda Report
4/1/2009 through 4/3012009
A Minor Conditional Use Permit application for a 7-11 convenience store with a Type 21 (off-sale beer and wine)
ABC license occupying 3,016 square feet of retail located in an existing building at the northwest corner of
Winchester and Ynez Roads, addressed as 41125 Winchester Road, Suite A3. Related Case: PA09-0156
Submitted Date Anticipated DRC Meeting Date Planning Commision
4/21/2009 Jun 17 2009
APN #
• PA09-0170 The Wine Collective CUP 922033009 DANA SCHUMA
A Minor Conditional Use Permit to allow for a wine bar with wine tasting and retail (Type 42 ABC license) at 28544
Old Town Front Street.
Submitted Date
Anticipated DRC Meeting Date
No Hearing Planned
5/6/2009
5/28/2009
TBD
4 of 4
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Legend Planning Status -April 2009 G tv T ~ ~ , ~N (l ~ i
PA08-0117
0 1. Recently Approved ti
0 2. Scheduled for Hearing i
WW, 3. New Submittals Pending DRC Meetin a
9 I
ANZA RD
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I
ITEM NO. 28
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Shawn D. Nelson, City Manager
DATE: May 26, 2009
SUBJECT: City Council Travel/Conference Report - April 2009
PREPARED BY: Sue Steffen, Executive Assistant
RECOMMENDATION: Receive and file
On April 1, 2009 Council Member Ron Roberts traveled to Los Angeles to attend the Southern
California Association of Governments Executive/Administration Committee, Transportation
Committee, and Regional Council Meetings.
Attachments: Meeting Agendas
SOUTHERN CALIFORNIA
ASSOCIATION Of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t (213) 2361800
f (213) 2361825
wwwscag.meov
Officers
President
Richard Dixon, Lake Forest
nrstVlce President
Harry Baldwin, San Gabriel
SeconclVice Pmsldent
!on Edney, El Centro
Immediate PastPresident
Gary Ovitt, San Bernardino County
. Policy Committee Chain
ExecutlvetAdministradon
Richard Dixon, Lake Forest
Community, Economicand
Human Development
Larry McCallon, Highland
Energy&Erwimnment
Keith Hanks, A=a
Transportation
Mike Ten, South Pasadena
Thursday, April 2, 2009
9:00 a.m. - 90:00 a.m.
SCAG Offices
818 West 7th Street, 12th Floor
San Bernardino Conference Room A/B
Los Angeles, CA 90017
(213) 236-1800
If members of the public wish to review the attachments or
have any questions on any of the agenda items, please
contact Deby Salcido at (213) 236-1993 or via email
salcido0scag.ca.gov
Agendas & Minutes for the Executive/Administration
Committee are also available at:
www.sGag.ca.gov/commiftees/eac.htm
SCAG, in accordance with the Americans with Disabilities Act (ADA), will
accommodate persons who require a modification of accommodation in order to
participate in this meeting. If you require such assistance, please contact SCAG
at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to
make reasonable arrangements. To request documents related to this document
in an alternative format, please contact (213) 236-1868.
The Regional Council is compdsedda3 electedoficials mpsesen in, 189doieysixmumles fiveCOUnryhansppnadon[ommissiata,
Imperial valley AssakaonofGovernments and a Tdhal Gwesnment Wra sgatlww in Southem Caliomia.
3210a
MEETING OF THE
EXECUTIVE/ADMINISTRATION COMMITTEE
AGENDA
APRIL 2, 2009
TIME
PG#
The ExecutivelAdministradon Committee may consider and act upon any of the items listed
on the agenda regardless of whether they are listed as information or action items.
1.0 CALL TO ORDER & PLEDGE OF ALLEGLANCE
(Hon. Richard Dixon, Chair)
2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items
on the agenda, or items not on the agenda, but within the purview of the Executive/
Administration Committee, must fill out and present a speaker's card to the Assistant
prior to speaking. Comments will be limited to three minutes. The chair may limit the
total time for all comments to twenty minutes.
3.0 REVIEW and PRIORITIZE AGENDA ITEMS
4.0 CONSENT CALENDAR
4.1 Avproval Items
4.1.1 Minutes of March 5.2009 Meetine Attachment
1
4.1.2 Protocol for Presentations before the Attachment
6
Regional Council
4.1.3 Fulbright & Jaworski Contract Attachment
8
4.2 Receive & File
4.2.1 Contracts/Purchase Orders between Attachment
9
$5,000 - $250,000
5.0 REPORTS/ACTION ITEMS
5.1 Contracts Over $250,000 Attachment 5 min
15
(Leyton Morgan, SCAG Staffl
Staff will provide information on two (2)
Consultant Contracts over $250,000.
Recommended Action: Approve both contracts.
PAC - APR 2009
Doc#150666
Satcido-3/25/2009-11:23:50 AM
Z
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
EXECUTIVE/ADMINISTRATION COMMITTEE
AGENDA
APRIL 2, 2009
TIME PG#
REPORTS/ACTION ITEMS - Cont'd
5.2 2009 Strategic Plan Attachment 10 min 21
(Hon. Jon Edney)
Recommended Action:
Approve SCAG's 2009 Strategic Plan.
6.0 CAP SUBCOMMITTEE REPORT
(Hon. Paula Lantz, Chair)
6.1 Proposed Revision of SCAG's $250.000 Attachment 10 min 38
Contract Threshold
The proposed policy will be presented for review
and consideration.
Recommended Action:
Recommend that the Regional Council revise the
SCAG Contract Approval Threshold Policy.
6.2 SCAG Ethics Policy Attachment 10 min 39
The proposed Ethics Policy will be presented
for consideration.
Recommended Action:
Recommend that the Regional Council approve
the SCAG Ethics Policy.
7.0 CLOSED SESSION
Public Employee Performance Evaluation Government
Code 454959 Title: Executive Director
8.0 FUTURE AGENDA ITEMS
An Committee member or staff desiring to place items on a future agenda may
make such request.
FAC -APR 2009
Doc4150666
Salcida3/252009.1232:04 PM
!I
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
EXECUTIVE/ADMINISTRATION COMMITTEE
AGENDA
APRIL 2, 2009
TIME . PG#
9.0 ANNOUNCEMENTS
10.0 ADJOURNMENT
The next meeting of the Executive/Administration Committee will be held in conjunction
with the Annual General Assembly on May 7-8, 2009 at the La Quints. Resort and
Club, 49-499 Eisenhower Drive, La Quinta, CA 92253.
EAC-APR 2009
Doc#150666
Satcido-325/2009-11:23:50 AM
iii
SOUTHERN CAUFORNIA
ASSOCIATION Of GOVERNMENTS
SOUTHERN CALIFORNIA
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
Thursday, April 2, 2009
90:00 a.m. - 12:00 Noon
- t(213)236-1809
SCAG Offices
' f(213)236-1825
818 West 7th Street, 12th Floor
wwwsmgxc gov
San Bernardino Conference Room A/B
fi
Los Angeles, CA 90017
Of
cers
President
(213) 236-1800
Richard Dixon, Lake Forest
FirstVice President
Harry Baldwin, San Gabdel
_ SecondVcePresident
If members of the public wish to review the
Jon Edney, El Centro
attachments or have any questions on any of the
Immediate Past President
agenda items, please contact Deby Salcido at
Gary Ovity San Bernardino County
(213) 236-1993 or via email salcidoC~scag.ca.oov
Policy Committee Chairs
Execuive/Administratlon
Agendas & Minutes for the Transportation Committee
Richard Dixon, Lake Forest
are also available at:
Human
Community, DevebEconomicpment and
Human
~,scao.ca.gov/committees/tc.htm
Larry McCallon, Highland
Energys Environment
SCAG, in accordance with the Americans with Disabilities Act (ADA), will
Keith Hanks, Azusa
accommodate persons who require a modification of accommodation in
order to participate in this meeting. If you require such assistance,
Transportation
please contact SCAG at (213) 236-1868 at least 72 hours in advance of
MikeTen,South Pasadena
the meeting to enable SCAG to make reasonable arrangements. To
request documents related to this document in an alternative format,
please contact (213) 236-1868.
The F*gbn4QWd Is<pwmOW eIMN oMt'abrevasoMgra9Cnkxsuoxmties, rwec"tyTnnsporte C Fnftsians,
bnyaiaivellryASxb of muna and aTriblGwermmeiRrepaenGn'resvifhin5olnivn Wromu
u3w
MEETING OF THE
T►ME PG#
The Transportation Committee may consider and act upon any of the items listed
on the agenda regardless of whether they are listed as information or action items.
1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE
(Hon. Mike Ten, Chair)
2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on
items on the agenda, or items not on the agenda, but within the purview of the
Transportation Committee, must fill out and present a speaker's card to
the Assistant prior to speaking. Comments will be limited to three minutes.
The Chairman may limit the total time for all comments to twenty minutes.
3.0 REVIEW and PRIORITIZE AGENDA ITEMS
4.0 CONSENT CALENDAR
4.1 Avyroval Item
4.1.1 Minutes of February 5, 2009 Meeting Attachment 1
4.2 Receive and File
4.2.1 Addition of Santa Ana Regional Attachment 5
Transportation Intermodal Center
(SARTIC) Expansion Project to
Strategic Plan of the 2008 Regional
Transportation Plan CRTP)
4.2.2 Regionally Significant Transportation Attachment 6
Investment Study (RSTIS) Letters
of Completi
on
5.0 ACTION ITEM
5.1 Regional Champion Award Nommation Attachment 10 min 16
(Linda Jones, SCAG Stain
Recommended Action:
Nominate award recipient.
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
TC -APR 2009
Doc#150669
Salcido-325/2009-9:34:43 AM
i
TRANSPORTATION COMMITTEE
AGENDA
APRIL 29 2009
TIME PG#
6.0 INFORMATION ITEM
6.1 Update on Foothill/Eastern Transportation Corridor Attachment 20 min 17
Agency SR-241 Toll Road Project
(Tom Margro, Transportation Corridor Agencies, CEO)
Tom Margro will provide an update on the SR-241 Project.
6.2 Four Corners Transportation Study Update Attachment 15 min 18
(J.D. Douglas, Kimley-Horn and Associates, Inc.)
J.D. Douglas will report on the recently completed Preferred
Improvement Strategies List, a substantive update to the
original 2000 Four Corners Transportation Study.
7.0 CHAIR'S REPORT
8.0 STAFF REPORT
(Naresh Amatya, SCAG Stgjn
9.0 FUTURE AGENDA ITEMS
Any Committee member or staff desiring to place items on a future agenda may
make such a request.
10.0 ANNOUNCEMENTS
11.0 ADJOURNMENT
The next meeting of the Transportation Committee will be scheduled in conjunction with the Annual
General Assembly on May 7-8, 2009 at the La Quinta Resort & Club, 49-499 Eisenhower Drive,
La Quinta, California 92253.
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
TC - APR 2009
D00#150669
Salcido-325/2009-10:49:57 AM
li
SOUTHERN CALIFORNIA
11
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t(213)236-1800
f (213) 2361825
Thursday, April 2, 2009
12:15 p.m. - 2:00 p.m.
wwwscag.w.gov SCAG Offices -
818 West 7th Street, 12th Floor
Officers San Bernardino Conference Rm A & B
President
Richard D'oron, Lake Forest
Los Angeles, CA 90017
FirslcWn. Sanreabriel (213) 236-1800
HanyBaldwin, San Ga
-
dw~ SecondKce President
-
)on Edney, ElCemm
Immediate P rnardi`no C~ Coou my
Gary Ovitt,San Bernardi
If members of the public wish to review the attachments
P°It"
or have any questions on any of the agenda items,
please contact Shelia Stewart at (213) 236-1868 or
EmcutNWAdministration
Richard Duran, Calm Forest
stewart(cDscag.ca.gov
Community, Economic and
Human Development
-
Agendas & Minutes for the Regional Council are also
Larry McCallon, Highland
available at:
Energy
ith Hanks. AZI15 Amsa nt
Keith Ha
www.sca-g.ca.gov/commiffees/re.htm
Transportation
-
MamTen,South Pasadena
SCAG, in accordance With the Americans with Disabilities Act (ADA), will
accommodate persons who require a modification of accommodation in
order to participate in this meeting. If you require such assistance, please
contact SCAG at (213) 236-1868 at least 72 hours in advance. of the
meeting to enable SCAG to make reasonable arrangements. To request
documents related to this document in an alternative format, please
contact(213)236-1868.
A
Aftk
mea~dcranaa mr~pi:eadalatmadr~mn lnmask~ncaraeu~nyrnrar~nauoacnm~lnims
Oripo6lWdry'AoodtimdGvemmu~ttardaTrLvlGoremurentrtpermtahewiNnSOUtlionOROMa
NO. 507
MEETING OF THE
REGIONAL COUNCIL
AGENDA
APRIL 2, 2009
The Regional Council may consider and act upon any of the items listed on the agenda
regardless of whether they are listed as information or action items.
1.0 CALL TO ORDER & PLEDGE OV ALLEGIANCE
(Hon. Richard Dixon, President)
2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the
agenda, or items not on the agenda, but within the purview of the Council, must fill out
and present a speaker's card to the Assistant prior to speaking. Comments will be limited to
three minutes. The President may limit the total time for all comments to twenty minutes.
3.0
4.0 CONSENT CALENDAR
PG#
4.1 Apvroval Items
4.1.1 Minutes of March 5.2009 Meeting Attachment 1
4.1.2 Protocol for Presentations before the Attachment 11
Regional Council
4.1.3 Partnership for Healthy Air and Cleaner Attachment 13
Transportation (PHACT)
4.1.4 Fulbright & Jaworski Contract Attachment 16
4.2 Receive & File
4.2.1 Contracts/Purchase Orders between Attachment 17
$5,000 - $250,000
5.0 PRESIDENT'S REPORT
5.1 Committee Appointments
RC- April 2009
Dock149076
Stewart 4009
0 i
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
REGIONAL COUNCIL
AGENDA
APRIL 2, 2009
PG#
6.0 COMMITTEE REPORTS/ACTION ITEMS
6.1 Nominating Committee Report
(Hon. Ron Roberts, Chair)
6.1.1 Nomination of 2009 President, lst VP & 2nd VP
Recommended Action: Approve nominations
submitted by the Nominating Committee, subject to
additional nominations from the floor.
6.2 Executive/Administration Committee (EAC) Report
(Hon. Richard Dixon, Chair)
6.2.1 Contracts over $250.000 Attachment 23
Recommended Action: Approve
6.2.2 2009 Strategic Plan Attachment 29 If
Recommended Action: Approve and forward
to the General Assembly.
6.2.3 Proposed Revision to SCAG's $250.000 Contract Attachment 46
Threshold
Recommended Action: Approve proposed revision
to the Contract Approval Threshold Policy.
6.2.4 SCAG's Ethics Policy Attachment 47
Recommended Action: Approve
6.3 Community. Economic & Human Development
(CEHD) Report
(Hon. Larry McCallon, Chair)
A .
6.3.1 RHNA Reform Follow-up and Next Steles Attachment to be
(Mike Madrid, Madrid & Associates) Mailed Separately
RC-April 2009
Doc#149076 J'
Stewart 4!2/09
Zi
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS .
6.4 Energy & Environment Committee (EEC) Report
(Hon.. Keith Hanks, Chair)
6.5 Transportation Committee (TC) Report
(Hon. Mike Ten, Chair)
6.6 Legislative/Communication and Membership
Committee Report
(Hon. Glen Becerra; Chair)'
PG#
6.6.1 May 2009 Special Election Budget Ballot Attachment 57
Measures-Propositions lA-1F
Recommended Action: Consider recommendation
by Legislative Committee.
6.6.2 State and Federal Legislative Update
7.0 EXECUTIVE DIRECTOR'S REPORT
(Hasan Ikhrata)
8.0 INFORMATION ITEMS
8.1 CFO Monthly Financial Report Attachment 66
(Wayne Moore, CFO)
9.0 CLOSED SESSION
9.1 Conference with Legal Counsel Existing Litigation
One case (Govt. Code Sec 54956.9(a))
City of Irvine v. SCAG, Court of Appeals, 4th District
Case No. G040513
10.0 ADJOURNMENT
The next meeting of the Regional Council will be scheduled in conjunction
with the Annual General Assembly on May 7-8, 2009 at the La Quinta
Resort & Club, 49-499 Eisenhower Dr., La Quinta, California 92253.
RC- April 2009
Doc#149076
Stewart 4/2/09
ill
SOUTHERN CALIFORNIA
ASSOCIATION Of GOVERNMENTS
ITEM NO. 29
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: May 26, 2009
SUBJECT: Public Works Department Monthly Report
RECOMMENDATION: Receive and file the attached Department of Public Works Monthly
Activity Reports for the month of April, 2009.
MEMORANDUM
TO:
Greg Butler, Director of Public Works
FROM:
Rodney Tidwell, Maintenance Superviso(o
DATE: May 8, 2009
SUBJECT: Monthly Activity Report - April, 2009
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of April, 2009:
I. SIGNS
A. Total signs replaced 27
B. Total signs installed 4
C. Total signs repaired 45
II. TREES
A. Total trees trimmed for sight distance and street sweeping concerns 16
III. ASPHALT REPAIRS
A. Total square feet of A. C. repairs 11,307
B. Total Tons 105
IV. CATCH BASINS
A. Total catch basins cleaned 342
V. RIGHT-OF-WAY WEED ABATEMENT
A. Total square footage for right-of-way abatement 43,260
VI. GRAFFITI REMOVAL
A. Total locations 132
B. Total S.F. 10,945
VII. STENCILING
A. 72 New and repainted legends
B. 50,138 L.F. of new and repainted red curb and striping
NAMAIN'FAIMNIOACI'RM'
Also, City Maintenance staff responded to 44 service order requests ranging from weed abatement, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 38 service order requests
for the month of March , 2009.
The Maintenance Crew has also put in 86 hours of overtime which includes standby time, special events and
response to street emergencies.
The total cost for Street Maintenance performed by Contractors for the month of April, 2009 was $24,330.90
compared to $101,532.00 for the month of March, 2009.
Account No. 5402 $ 16,525.00
Account No. 5401 $ 7,805.90
Account No. 999-5402 $ -0-
Electronic Copies:
Amer Attar -
Dan York -
Jerry Gonzalez -
Principal Engineer (CIP)
City Engineer
Associate Engineer (Traffic)
R:WAINTAINWOACTRP
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STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of April, 2009
DATE
DESCRIPTION
TOTAL COST
ACCOUNT
STREET/CHANNEL/BRIDGE
OF WORK
SIZE
CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT
Date: 04.22.09
CITYWIDE
CITY R.O.W. & CITY LOTS - WEED CONTROL
# 5402
TOTAL COST
$ 9,750.00
Date:
TOTAL COST
Date:
TOTAL COST
Date:
TOTAL COST
CONTRACTOR., ` BECKER ENGINEERING
Date: 04.29.09
CITYWIDE
SAW CUTTING FOR ASPHALT REPAIRS
# 5402
TOTAL COST
$ 6,775.00
Date: 04.29.09
FELIX VALDEZ & 6T" STREET
CATCH BASIN REPAIR
# 5401
TOTAL COST
$ 377.90
CONTRACTOR: MONTELEONE EXCAVATING
Date: 04.22.09
EMPIRE CREEK
REMOVAL OF SAND & SILT CAUSED FROM
WINTER STORMS
# 5401
TOTAL COST
$ 7,428.00
Date:
#
FTOTAL COST
TOTAL COST ACCOUNT #5401 $ 7,805.90
TOTAL COST ACCOUNT #5402 $ 16,525.00
TOTAL COST ACCOUNT #99-5402 -0-
R9MAIN'fAIMM0ACTRPT
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF APRIL, 2009
DATE
LOCATION
5GOPE,QF WORK "
S.F.:
TOTAL
TONS
04/01/09
SAN FERMIN PLACE
AC O/L
939
4
04/02/09
YNEZ AT RANCHO VISTA
POTHOLE
4
04/02/09
N/B MEADOWS PKWY. AT RANCHO CALIFORNIA ROAD
R & R
432
12
04/03/09
CITYWIDE
POTHOLES
24
TEMP
04/03/09
RANCHO CALIFORNIA ROAD
POTHOLES
21
1
04/03/09
RANCHO VISTA
POTHOLES
3
1
04/06/09
MEADOWS PKWY. AT RANCHO CALIFORNIA ROAD
AC O/L
88
1
04/06/09
SAN FERMIN PLACE
AC O/L
729
1
04/06/09
NICOLAS ROAD
POTHOLES
9
3
04/06/09
YNEZ AT YNEZ COURT
POTHOLES
2
TEMP
04/07/09
W/B WINCHESTER AT NICOLAS
AC O/L
962
4
04/08/09
RANCHO CALIFORNIA ROAD AT YUKON
POTHOLE
2
TEMP
04/08/09
WINCHESTER AT COUNTY CENTER DRIVE
POTHOLE
8
04/08/09
MARGARITA AT PIO PICO
POTHOLE
2
1
04/08/09
JEDEDIAH SMITH AT CABRILLO
POTHOLE
2
l
04/09/09
CITYWIDE
POTHOLES
48
1
04/13/09
S/B MARGARITA AT STONEWOOD
R & R
535
20
04/14/09
SANTIAGO AT MANZANO
AC 0/L
1,008
5
04/14/09
RANCHO CALIFORNIA RD. BTWN. YNEZ & LYNDIE LANE
POTHOLE
7
04/15/09
JEDEDIAH SMITH AT PESCADO
R & R
320
9
04/16/09
MISCELLANEOUS AREAS ON RANCHO CALIFORNIA RD.
POTHOLES
11
04/16/09
JEDEDIAH SMITH AT PESCADO
R & R
230
6.5
04/16/09
GLEN EAGLES STREET
AC 0/L
100
04/20/09
SANTIAGO AT MANZANO
AC O/L
646
04/20/09
MANZANO AT MARIPOSA
AC O/L
75
04/20/09
SANTIAGO AT MANZANO
AC 0/L
151
3
04/21/09
29820 DEL REY
R & R
88
04/21/09
LOS RANCHITOS AREA _
AC 0/L
1,354
4
RAMAI NTAINI W KCMPI.TD\ASPHACf.RPR
DATE
LOCATION.
SCOPE OF WORK
S.F. >
TOTAL
TONS
04/22/09
S/B MARGARITA AT RANCHO VISTA
AC O/L
20
04/22/09
LOS RANCHITOS AREA
AC O/L
840
4
04/23/09
MANZANO AT MARIPOSA PLACE
AC O/L
585
3
04/27/09
MARGARITA AT OVERLAND
R & R
100
3
04/28/09
NICOLAS ROAD
AC O/L
70
04/28/09
MANZANO DRIVE
AC O/L
325
04/28/09
DE PORTOLA AT CALLE RIVAS
AC O/L
294
5
04/29/09
SAN FERMIN PLACE
AC O/L
888
3
04/30/09
S/B MARGARITA AT STONEWOOD
R & R
385
12
TOTAL S.F. OF REPAIRS 11.307
TOTAL TONS 105
R:\MAINTAINIWKCMPLTMASPli LT.RPR
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF APRIL, 2009
DATE '
v®CATIo
"WORK COMPLETED
04/01/09
CALLE GIRASOL AT RIVERTON DRIVE
CLEANED & CHECKED
1 CATCH BASINS
04/01/09
AREA #4
CLEANED & CHECKED
44 CATCH BASINS
04/01/09
AREA #1
CLEANED & CHECKED
4 CATCH BASINS
04/02/09
AREA #4
CLEANED & CHECKED
38 CATCH BASINS
04/07/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
5 CATCH BASINS
04/08/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
29 CATCH BASINS
04/09/09
AREA #4
CLEANED & CHECKED
47 CATCH BASINS
04/13/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
9 CATCH BASINS
04/14/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
22 CATCH BASINS
04/15/09
AREA #4
CLEANED & CHECKED
25 CATCH BASINS
04/16/09
AREA #4
CLEANED & CHECKED
41 CATCH BASINS
04/20/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
11 CATCH BASINS
04/20/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
4 CATCH BASINS
04/22/09
CITYWIDE AREAS #2, #3, #4
CLEANED & CHECKED
8 CATCH BASINS
04/23/09
AREA #5
CLEANED & CHECKED
43 CATCH BASINS
04/27/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
11 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED 342
RAMAINTAIN\W KCMPLETU\CATCHBAS\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF APRIL, 2009
DATE
Y
L,OCAT)ON
„-WORK COMPLETED
04/01/09
LEENA WAY AT ABETO WAY
REMOVED
1 S.F. OF GRAFFITI
04/01/09
SPRINGTIME AT WINCHESTER CREEK
REMOVED
3 S.F. OF GRAFFITI
04/01/09
VIA GILBERTO AT CREEK BED
REMOVED
35 S.F. OF GRAFFITI
04/01/09
HARVESTON AT ST. AUGUSTINE
REMOVED
1 S.F. OF GRAFFITI
04/01/09
HARVESTON AT LAKE VIEW
REMOVED
2 S.F. OF GRAFFITI
04/02/09
NO. GENERAL KEARNY AT CAMINO CAMPOS VERDES
REMOVED
1 S.F. OF GRAFFITI
04/02/09
NO. GENERAL KEARNY AT DEER MEADOW
REMOVED
2 S.F. OF GRAFFITI
04/02/09
TANAGER STREET
REMOVED
28 S.F. OF GRAFFITI
04/02/09
MEADOWS PARKWAY AT ROYAL OAKS
REMOVED
2 S.F. OF GRAFFITI
04/02/09
MARGARITA AT STONEWOOD
REMOVED
13 S.F. OF GRAFFITI
04/02/09
MARGARITA AT SOLANA
REMOVED
2 S.F. OF GRAFFITI
04/02/09
NO. GENERAL KEARNY AT CAMINO CAMPOS VERDES
REMOVED
6 S.F. OF GRAFFITI
04/03/09
NO. GENERAL KEARNY AT DEER MEADOWS
REMOVED
3 S.F. OF GRAFFITI
04/03/09
WINCHESTER AT RORIPAUGH
REMOVED
1 S.F. OF GRAFFITI
04/03/09
40224 WINCHESTER
REMOVED
1 S.F. OF GRAFFITI
04/03/09
28100 JEFFERSON
REMOVED
2 S.F. OF GRAFFITI
04/06/09
LA PAZ AT TEMECULA PARKWAY
REMOVED
2 S.F. OF GRAFFITI
04/06/09
31689 BADGER WAY
REMOVED
62 S.F. OF GRAFFITI
04/06/09
31656 SEASTAR
REMOVED
55 S.F. OF GRAFFITI
04/06109
AVENIDA DE MISSIONS CHANNEL
REMOVED
247 S.F. OF GRAFFITI
04/06/09
ANZA AT CORTE MISLANCA
REMOVED
1 S.F.OFGRAFFITI
04/06/09
REGINA AT TEHACHAPI
REMOVED
2 S.F. OF GRAFFITI
04/06/09
REGINA AT GAROLI
REMOVED
2 S.F. OF GRAFFITI
04/06/09
44834 TEHACHAPI
REMOVED
2 S.F. OF GRAFFITI
04/06/09
BUTTERFIELD STAGE ROAD AT ROYAL CREST
REMOVED
18 S.F. OF GRAFFITI
04/06/09
BUTTERFIELD STAGE ROAD AT ROYAL CREST
REMOVED
15 S.F. OF GRAFFITI
04/06/09
LONG VALLEY AT HUMBER
REMOVED
1 S.F. OF GRAFFITI
RiMA1NTAIN\W KCMPLTMGRAFFITI\
DATE
LOCATION
WORK COMPLETED
04/06/09
YNEZ AT YNEZ COURT
REMOVED
299 S.F. OF GRAFFITI
04/06/09
NO. GENERAL KEARNY AT SANTA GERTRUDIS CREEK
REMOVED
285 S.F. OF GRAFFITI
04/06/09
N/B I-15 FREEWAY AT TEMECULA PARKWAY
REMOVED
44 S.F. OF GRAFFITI
04/06/09
NO. GENERAL KEARNY AT CAMINO CAMPOS VERDE
REMOVED
3 S.F. OF GRAFFITI
04/06/09
MARGARITA AT WINCHESTER
REMOVED
3 S.F. OF GRAFFIT
04/06/09
VIA LOBO AT DEER MEADOW
REMOVED
2 S.F. OF GRAFFITI
04/06/09
PECHANGA PARKWAY BRIDGE
REMOVED
964 S.F. OF GRAFFITI
04/07/09
TEMECULA CREEK AT REDHAWK
REMOVED
134 S.F. OF GRAFFITI
04/07/09
BUTTERFIELD STAGE BRIDGE
REMOVED
1,453 S.F. OF GRAFFITI
04/07/09
WINCHESTER AT NICOLAS
REMOVED
3 S.F. OF GRAFFITI
04/07/09
WGASA AT AVENIDA ENRIQUE
REMOVED
1 S.F. OF GRAFFITI
04/07/09
LUZON AT WALCOTT
REMOVED
1 S.F. OF GRAFFITI
04/08/09
44948 MARGE PLACE
REMOVED
1 S.F. OF GRAFFITI
04/08/09
44879 MARGE PLACE
REMOVED
3 S.F. OF GRAFFITI
04/08/09
S/B MARGARITA AT MORAGA
REMOVED
4 S.F. OF GRAFFITI
04/08/09
LA SERENA AT SO. GENERAL KEARNY
REMOVED
1 S.F. OF GRAFFITI
04/08/09
MARGARITA AT LA SERENA
REMOVED
1 S.F. OF GRAFFITI
04/08/09
YNEZ AT SANTA GERTRUDIS CREEK
REMOVED
2 S.F. OF GRAFFITI
04/08/09
SOLANA BETWEEN YNEZ AND MARGARITA
REMOVED
1 S.F. OF GRAFFITI
04/09/09
RORIPAUGH AT STARLING
REMOVED
3 S.F. OF GRAFFITI
04/09/09
SANDERLING
REMOVED
5 S.F. OF GRAFFITI
04/09/09
42031 MARGARITA
REMOVED
1 S.F. OF GRAFFITI
04/09/09
42037 MARGARITA
REMOVED
1 S.F. OF GRAFFITI
04/09/09
VIA DEL CORONADO AT LOMA LINDA
REMOVED
207 S.F. OF GRAFFITI
04/09/09
EDISON PLANT ON LOMA LINDA
REMOVED
147 S.F. OF GRAFFITI
04/09/09
SPILLWAY ON RANCHO VISTA AT SOUTHERN CROSS
REMOVED
58 S.F. OF GRAFFITI
04/09/09
RANCHO CALIFORNIA ROAD AT MORAGA
REMOVED
4 S.F. OF GRAFFITI
04/09/09
RANCHO CALIFORNIA ROAD AT TOWN CENTER
REMOVED
3 S.F. OF GRAFFITI
04/09/09
MORAGA AT MARGARITA
REMOVED
3 S.F. OF GRAFFITI
04/10/09
OLD TOWN FRONT STREET AT TEMECULA PARKWAY
REMOVED
9 S.F. OF GRAFFITI
04/10/09
OLD TOWN FRONT STREET AT 3RD STREET
REMOVED
2 S.F. OF GRAFFITI
RSMAINTAIN\ W KCMPLTMGRAFFITR
DATE
LOCATION„
111
WORK COMPLETED
1
04/10/09
RAINBOW CANYON ROAD
REMOVED
24 S.F. OF GRAFFITI
04/10/09
WOLF CREEK AT PECHANGA
REMOVED
80 S.F. OF GRAFFITI
04/10/09
DEER HOLLOW AT PECHANGA
REMOVED
36 S.F. OF GRAFFITI
04/10/09
WOLF VALLEY AT PECHANGA
REMOVED
15 S.F. OF GRAFFITI
04/10/09
CAMPANULA AT PAVIA WAY
REMOVED
2 S.F. OF GRAFFITI
04/10/09
OVERLAND AT NICOLE LANE
REMOVED
6 S.F. OF GRAFFITI
04/10/09
NO. GENERAL KEARNY AT MARGARITA
REMOVED
1 S.F. OF GRAFFITI
04/10/09
NO. GENERAL KEARNY AT CAMINO CAMPOS VERDES
REMOVED
2 S.F. OF GRAFFITI
04/10/09
MARGARITA AT OVERLAND
REMOVED
3 S.F. OF GRAFFITI
04/10/09
PROMENADE WAY AT OVERLAND
REMOVED
4 S.F. OF GRAFFITI
04/10/09
JEFFERSON AT DEL RIO
REMOVED
96 S.F. OF GRAFFITI
04/13/09
AVENIDA DE MISSIONS IN CHANNEL
REMOVED
338 S.F. OF GRAFFITI
04/13/09
CAMINO PIEDRO ROJO AT PAROWYN
REMOVED
8 S.F. OF GRAFFITI
04/13/09
S/B 1-15 FWY AT RANCHO CALIFORNIA ROAD
REMOVED
10 S.F. OF GRAFFITI
04/13/09
1-15 FWY AT TEMECULA PARKWAY
REMOVED
50 S.F. OF GRAFFITI
04/13/09
NO. GENERAL KEARNY AT NICOLAS
REMOVED
381 S.F. OF GRAFFITI
04/13/09
TOWER PLAZA
REMOVED
8 S.F. OF GRAFFITI
04/13/09
28450 FELIX VALDEZ
REMOVED
296 S.F. OF GRAFFITI
04/13/09
28400 FELIX VALDEZ
REMOVED
656 S.F. OF GRAFFITI
04/13/09
UNDER OVERLAND BRIDGE
REMOVED
280 S.F. OF GRAFFITI
04/13/09
S/B MARGARITA AT LA SERENA
REMOVED
1 S.F. OF GRAFFITI
04/13/09
MARGARITA ATSTONEWOOD
REMOVED
2 S.F. OF GRAFFITI
04/13/09
MARGARITA AT HARVESTON
REMOVED
2 S.F. OF GRAFFITI
04/13/09
MARGARITA BRIDGE AT WINCO FOODS
REMOVED
294 S.F. OF GRAFFITI
04/13/09
LIEFER BRIDGE AT NICOLAS
REMOVED
92 S.F. OF GRAFFITI
04/13/09
NO. GENERAL KEARNY AT NICOLAS
REMOVED
294 S.F. OF GRAFFITI
04/13/09
NO. GENERAL KEARNY AT SALERNO
REMOVED
4 S.F. OF GRAFFITI
04/13/09
BEHIND TARGET CENTER
REMOVED
6 S.F. OF GRAFFITI
04/14/09
MARGARITA ATSTONEWOOD
REMOVED
3 S.F.OFGRAFFITI
04/14/09
29766 RANCHO CALIFORNIA ROAD
REMOVED
24 S.F. OF GRAFFITI
04/14/09
MARGARITA BRIDGE AT SANTA GERTRUDIS CREEK
REMOVED
400 S.F. OF GRAFFITI
R:\MAINTAIN\ W KCMPLTD\GRAFPITR
DATE
LOCATION
WORK COMPLETED
04/14/09
31026 SHABA CIRCLE
REMOVED
4 S.F. OF GRAFFITI
04/14/09
DE PORTOLA AT MEADOWS PARKWAY
REMOVED
1 S.F. OF GRAFFITI
04/14/09
DEL REY AT PINA COLADA
REMOVED
3 S.F. OF GRAFFITI
04/14/09
ANTELOPE PLACE AT MANATEE
REMOVED
66 S.F. OF GRAFFITI
04/15/09
MARGARITA AT AVENIDA SONOMA
REMOVED
1 S.F. OF GRAFFITI
04/15/09
MARGARITA AT YMCA
REMOVED
2 S.F. OF GRAFFITI
04/15/09
VIA PUERTA AT CAMINO DEL ESTE
REMOVED
36 S.F. OF GRAFFITI
04/16/09
VIA NORTE AT CALLE PINA COLADA
REMOVED
7 S.F. OF GRAFFITI
04/17/09
SO. GENERAL KEARNY AT BIG SAGE
REMOVED
1 S.F. OF GRAFFITI
04/17/09
OLD TOWN AREA
REMOVED
550 S.F. OF GRAFFITI
04/20/09
PECHANGA PARKWAY AT LOMA LINDA
REMOVED
31 S.F. OF GRAFFITI
04/20/09
AVENIDA DE MISSIONS AT VIA RIO TEMECULA
REMOVED
2 S.F. OF GRAFFITI
04/20/09
LOMA LINDA AT VIA DEL CORONADO
REMOVED
68 S.F. OF GRAFFITI
04/20/09
EAST END OF DE PORTOLA
REMOVED
55 S.F. OF GRAFFITI
04/20/09
AGENA AT SOUTHERN CROSS
REMOVED
18 S.F. OF GRAFFITI
04/20/09
I-15 FWY ATTEMECULA CREEK
REMOVED
33 S.F.OF GRAFFITI
04/20/09
1-15 FWY AT TEMECULA PARKWAY OFF RAMP
REMOVED
320 S.F. OF GRAFFITI
04/20/09
TARGET CENTER
REMOVED
2 S.F. OF GRAFFITI
04/20/09
WINCHESTER AT SANTA GERTRUDIS CREEK
REMOVED
233 S.F. OF GRAFFITI
04/20/09
NO. GENERAL KEARNY AT SANTA GERTRUDIS CREEK
REMOVED
10 S.F. OF GRAFFITI
04/20/09
SANTA GERTRUDIS CREEK AT HENRY'S MARKET
REMOVED
211 S.F. OF GRAFFITI
04/20/09
MIRA LOMA AT RANCHO VISTA
REMOVED
5 S.F. OF GRAFFITI
04/21/09
BOYS & GIRLS CLUB AT KENT HINTERGARDT
REMOVED
32 S.F. OF GRAFFITI
04/22/09
PECHANGA PARKWAY AT TEMECULA CREEK
REMOVED
490 S.F. OF GRAFFITI
04/23/09
GOLDS GYM AT 1-15 FWY
REMOVED
135 S.F. OF GRAFFITI
04/25/09
END OF DE PORTOLA ROAD
REMOVED
8 S.F. OF GRAFFITI
04/27/09
RANCHO CALIFORNIA ROAD AT YUKON
REMOVED
10 S.F. OF GRAFFITI
04/27/09
LONG VALLEY AT YUKON
REMOVED
50 S.F. OF GRAFFITI
04/27/09
WINCHESTER AT SANTA GERTRUDIS CREEK
REMOVED
127 S.F. OF GRAFFITI
04/27/09
NO. GENERAL KEARNY BRIDGE
REMOVED
298 S.F. OF GRAFFITI
04/27/09
NO. GENERAL KEARNY AT SALERNO WAY
REMOVED
2 S.F. OF GRAFFITI
RSMAINTAIM W KCMPLTD\GRAFFITI\
DATE
; LOCATION
WORK COMPLETED
04/27/09
DEL REY ROAD AT CALLE PINA COLADA
REMOVED
80 S.F. OF GRAFFITI
04/27/09
AVENIDA DE MISSIONS AT VIA RIO TEMECULA
REMOVED
115 S.F. OF GRAFFITI
04/27/09
VIA LA COLORADA AT CAMINO SAN DIMAS
REMOVED
1 S.F. OF GRAFFITI
04/27/09
RAINBOW CANYON AT CITY LIMITS
REMOVED
2 S.F. OF GRAFFITI
04/27/09
VIA CORDOBA AT VIA OLIVERA
REMOVED
2 S.F. OF GRAFFITI
04/27/09
MARGARITA AT RANCHO CALIFORNIA ROAD
REMOVED
40 S.F. OF GRAFFITI
04/27/09
RANCHO CALIFORNIA ROAD AT MARGARITA
REMOVED
150 S.F. OF GRAFFITI
04/28/09
LONG VALLEY AT ROANOAKE
REMOVED
4 S.F. OF GRAFFITI
04/28/09
CALLE PAA COLADA AT DEL REY
REMOVED
65 S.F. OF GRAFFITI
04/28/09
MEADOWS PARKWAY AT RANCHO VISTA
REMOVED
1 S.F. OF GRAFFITI
04/28/09
CALLE MEDUSA AT CALLE KATERINE
REMOVED
2 S.F. OF GRAFFITI
TOTAL S.F. GRAFFITI REMOVED 10.945
TOTAL LOCATIONS 131
RAMAINTNN\W KCMPLTD\G RAFPITI\
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r~hll~Mr~hlnMr Wh~MrMhlflMrMhICJMr
~aR V CF [tM MMMMNNNNNrrrrr
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF APRIL, 2009
DATE
LOCATION
WORK COMPLETED
04/06/09
ALCOBA DRIVE AT DE PORTOLA
TRIMMED
5 R.O.W. TREES
04/07/09
YNEZ AT OVERLAND
TRIMMED
5 R.O.W. TREES
04/07/09
27919 JEFFERSON
TRIMMED
1 R.O.W. TREES
04/21/09
PAUBA AT LA PRIMAVERA
TRIMMED
5 R.O.W. TREES
TOTAL R.O.W. TREES TRIMMED
16
R:WAINTAIN\W KCOOIPLTMTREES
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY WEED ABATEMENT
MONTH OF APRIL, 2009
DATE '
LOCATION
WORK, COMPLETED
04/01/09
DIAZ ROAD AT RANCHO CALIFORNIA ROAD
ABATED
3,000
S.F.
R.O.W. WEEDS
04/07/09
MADISON LOT
ABATED
35,000
S.F.
R.O.W. WEEDS
04/08/09
VIA LA VIDAAT VIA RENATE
ABATED
60
S.F.
R.O.W. WEEDS
04/15/09
VIA LA VIDA AT VIA RENATE
ABATED
1,200
S.F.
R.O.W. WEEDS
04/21/09
PAUBA AT LA PRIMAVERA
ABATED
2,000
S.F.
R.O.W. WEEDS
04/29/09
6T" STREET AT FELIX VALDEZ
ABATED
2,000
S.F.
R.O.W. WEEDS
TOTAL S.F. R.O.W. WEEDS ABATED
43.260
R:\MAINTAIN\W KCOMPLTD\WEEDS
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF APRIL, 2009
DATE
REC'D
LOCATION
REQUEST
DATE WORK
COMPLETED
03/27/09
3027 CAPRICE COURT
TREE
04/07/09
03/30/09
CINON WAY AT VOLTERRA STREET
FENCE REPAIR
04/03/09
03/30/09
30486 DEER MEADOW ROAD
TREE
04/01/09
03/31/09
JEREZ AT SUNNY MEADOWS
SIGN REPAIR
04/01/09
04/01/09
LAMA COURT AT CAMPO DRIVE
SIGN REPAIR
04/02/09
04/01/09
RANCHO CALIFORNIA ROAD
CONCRETE REPAIR
04/03/09
04/02/09
TEMECULA ELEMENTARY
GRAFFITI
04/02/09
04/02/09
45644 RAINBOW CANYON DRIVE
POTHOLE
04/02/09
04/06/09
REDHAWK PARKWAY AT VIA PUEBLA
DEBRIS
04/06/09
04/06/09
MARGARITA AT AVENIDA CIMA DEL SOL
CATCH BASIN
04/06/09
04/06/09
MARGARITA ATSTONEWOOD
DEBRIS
04/07/09
04/06/09
44887 MARGE PLACE
CONCRETE REPAIR
04/08/09
04/07/09
33350 LA SERENA WAY
TREE
04/07/09
04/09/09
30101 MIRA LOMA DRIVE
TREE
04/09/09
04/09/09
32628 LEENA
SIGN REPAIR
04/09/09
04/10/09
MANCHESTER AT FOX
DEBRIS PICK-UP
04/13/09
04/13/09
GLENEAGLES COURT
ASPHALT REPAIR
04/16/09
04/14/09
30714 CENTAUR COURT
TREE
04/14/09
04/14/09
44730 CUPA LANE
TREE
04/15/09
04/14/09
VIA RENATE AT VIA LA VIDA
WEED ABATEMENT
04/15/09
04/15/09
CORTE PERGAMINO AT CORTE MAREA
SIGNAL REPAIR
04/15/09
04/16/09
MORAGA
DEBRIS PICK-UP
04/16/09
04/16/09
32031 CALLE CABALLOS
SIGN REPAIR
04/17/09
04/16/09
29820 - 29830 DEL REY ROAD
ASPHALT REPAIR
04/17/09
44840 MUIRFIELD
DEBRIS REMOVAL
04/20/09
N7/09
RANCHO CALIFORNIA ROAD & YNEZ
DEBRIS PICK-UP
04/17/09
30006 MIRA LOMA
TREE
04/20/09
R:\MAINTAlMW RKCOMPLTD\SORS\
DATE
REC'D
LOCATION
REQUEST
DATE WORK
COMPLETED
04/20/09
PALMA DRIVE AT VALLEJO
SNS
04/27/09
04/21/09
RANCHO CALIFORNIA ROAD AT HOPE WAY
DEBRIS PICK-UP
04/21/09
04/22/09
39818 CAIMBRIDGE
TREE
04/22/09
04/22/09
MARGARITA AT RANCHO VISTA
SINKHOLE
04/22/09
04/22/09
CORTE PERGAMINO AT CORTE MAREA
SIGN REPAIR
04/22/09
04/22/09
YNEZ AT PAUBA
DEBRIS
04/22/09
04/22/09
GEORGETOWN
ASPHALT
04/27/09
04/23/09
32830 WOLF STORE ROAD
DEBRIS PICK-UP
04/23/09
04/23/09
30862 WILLOW RUN
SIGN REPAIR
04/30/09
04/23/09
30344 SIERRA MADRE DRIVE
CONCRETE REPAIR
04/27/09
04/27/09
RANCHO CALIFORNIA ROAD AT HOPE WAY
DEBRIS
04/28/09
04/27/09
CHANTEMAR WAY AT CALLE PINA COLADA
SNS
04/27/09
04/28/09
BUTTERFIELD STAGE ROAD AT RANCHO CALIFORNIA RD.
DEBRIS
04/28/09
04/28/09
42037 SWEET SHADE LANE
TREE
04/28/09
04/28/09
RAINBOW CANYON ROAD
POTHOLES
04/28/09
04/30/09
RANCHO CALIFORNIA ROAD AT HOPE WAY
DEBRIS
04/30/09
04/30/09
43046 CAMINO CASILLAS
DEBRIS
05/01/09
TOTAL SERVICE ORDER REQUESTS 44
R1MAINTAIN\WRKCOM=L SORS\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF APRIL, 2009
DATE
LOCA LION
WORK COMPLETED
04/01/09
JEREZATSUNNY MEADOWS
REPAIR
R1-1
04/01/09
W/B WINCHESTER AT WINCHESTER CREEK
REPAIR
CITY LIMIT SIGN
04/01/09
HARVESTON AT TOWNSHIP
REPAIR
R26
04/01/09
HARVESTON AT TOWNSHIP
REPAIR
R2-25
04/01/09
HARVESTON AT WELLSLEY
REPAIR
R1-1
04/01/09
HARVESTON AT WELLSLEY
REPAIR
R2-26
04/01/09
YNEZATPREECE
REPAIR
R1-1
04/01/09
VILLA ALTURAS AT PAUBA
REPAIR
Rt-1
04/01/09
YNEZATVIAHALCON
REPAIR
R1-1
04/02/09
CAMPO DRIVE AT LAMA COURT
REPAIR
SNS
04/03/09
RANCHO VISTA AT BUTTERFIELD STAGE
REPAIR
R-26
04/03/09
YNEZ AT LA PAZ
REPAIR
R1-1
04/06/09
VIA LOBO CHANNEL
REPLACED
NO TRESPASSING
04/07/09
PALM PLAZA AT YNEZ
REPAIR
W73-1
04/07/09
PALM PLAZA AT YNEZ
REPAIR
W73-1
04/07/09
OVERLAND ATYNEZ
REPAIR
R3-7
04/07/09
LUZON AT WALCOTT
REPAIR
R1-1
04/07/09
SIMI COURT AT HEITZ LANE
REPAIR
R1-1
04/07/09
CHARDONNAY AT HEITZ LANE
REPAIR
Rt-1
04/08/09
YNEZ AT LA PAZ
REPAIR
R1-1
04/08/09
JEFFERSON AT WINCHESTER
REPLACED
R4-7
04/08/09
YNEZ AT SOLANA
REPAIR
R-26A
04/08/09
VIA LA VIDA AT VIA SEVILLA
REPAIR
Rt-1
RAMAWTAIN\W KCMPLTD\SIGNS\
FF-DATE
LOCATION
F
WORK COMPLETED
04/09/09
LA SERENA AT CEBU
REPAIRED
2R1-1
04/09/09
PROMENADE AT CHARDONNAY HILLS
REPAIRED
R1-1
04/09/09
PROMENADE AT CHENIN CLINET
REPAIRED
R1-1
04/09/09
MEADOWS PARKWAY AT CASSINIO COURT
REPAIRED
R1-1 & R4-7
04/10/09
BUTTERFIELD STAGE ROAD AT WOLF STORE ROAD
REPAIRED
2 R4-7
04/10/09
TEMECULA PARKWAY AT MAHLON VAIL
REPAIRED
R-26 A
04/10/09
TEMECULA PARLWAU AT OLD TOWN FRONT STREET
REPLACED
3 DELINEATORS
04/10709
RAMSEY COURT AT MARGARITA ROAD
REPAIR
1 SNS
04/14/09
BUSINESS PARK DRIVE AT DIAZ ROAD
INSTALL
R3-2
04/14/09
TEMECULA PARKWAY AT OLD TOWN FRONT STREET
REPAIR
R26(A)
04/14/09
DE PORTOLA AT MEADOWS
REPAIR
RI-1
04/15/09
TEMECULA PARKWAY AT BEDFORD
INSTALL
R-26
04/15/09
LA PAZ AT TEMECULA PARKWAY
INSTALL
PARK-N-RIDE
04/15/09
LA PAZ AT TEMECULA PARKLWAY
INSTALL
R-26
04/15/09
PERGAMINO AT CALLE RESACA
REPAIR
SNS
04/16/09
E/B TEMECULA PARKWAY AT MARGARITA ROAD
REPAIR
R-2-55
04/16/09
E/B TEMECULA PARKWAY AT CAMINO DEL SOL
REPAIR
W3-3
04/16/09
E/B TEMECULA PARKWAY AT BUTTERFIELD STAGE RD.
REPAIR
W3-3
04/16/09
E/B TEMECULA PARKWAY AT BUTTERFIELD STAGE RD.
REPAIR
R2-55
04/16/09
E/B TEMECULA PARKWAY AT BUTTERFIELD STAGE RD.
REPAIR
R3-2
04116/09
E/B TEMECULA PARKWAY AT BUTTERFIELD STAGE RD.
REPAIR
W3-3
04/16/09
E/B TEMECULA PARKWAY AT KEVIN LANE
REPAIR
W3-3
04/16/09
E/B TEMECULA PARKWAY AT JEDEDIAH SMITH
REPAIR
W3-3
04/16/09
E/B TEMECULA PARKWAY AT PECHANGA PARKWAY
REPAIR
W2-2 & W3-3
04/16/09
EB TEMECULA PARKWAY AT PECHANGA PARKWAY
REPAIR
W3-3 Wt-7
04/20/09
VALLEJO AT PALMA
REPAIR
R26
04/21/09
28069 DIAZ
REPLACED
3 DELINEATORS
R1MAINTAIM W KCMPLTD\SICNS\
DATE
LO.C-„ATION
r WORK COMPLETED "
04121/09
JEFFERSON N/0 WINCHESTER
REPLACED
3 DELINEATORS
04/21/09
MARGARITA AT PAUBA
REPLACED
2 DELINEATORS
04/21/09
MARGARITA AT PIO PICO
REPLACED
2 DELINEATORS
04/21/09
MARGARITA AT PIO PICO
REPAIR
5 DELINEATORS
04/21/09
OLD TOWN FRONT STREET AT TEMECULA PARKWAY
REPAIR
2 DELINEATORS
04/21/09
RANCHO CALIFORNIA ROAD AT PROMENADE
REPLACE
3 DELINEATORS
04/21/09
PAUBA AT VIA RAMI
REPLACE
5 DELINEATORS
04/21/09
PAUBA AT VIA RAMI
REPAIR
5 DELINEATORS
04/21/09
REDHAWK AT OVERLAND TRAIL
REPLACE
2 DELINEATORS
04/22/09
28069 DIAZ
REPAIR
1 DELINEATOR
04/22/09
YNEZ AT YNEZ COURT
REPAIR
1 R3-2
04/22/09
DEL RIO AT VIA MONTEZUMA
REPAIR
SINS
04/24/09
WINCHESTER ROAD
CHANGE FROM WOODEN POLES TO METAL
REPAIR
6 MISC. SIGNS
04/25/09
JEREZ AT SUNNY MEADOWS
REPAIR
SNS
04/27/09
MARGARITA AT WINCHESTER
REPAIR
R4-7
04/27/09
MARGARITA AT WINCHESTER
REPAIR
R4-7
04/27/09
MARGARITA AT WINCHESTER
REPLACED
1 DELINEATOR
04/27/09
OLD TOWN FRONT STREET AT TEMECULA PARKWAY
REPAIR
R2-26
04/27/09
MARGARITA AT SOLANA
REPAIR
34-7
TOTAL SIGNS REPLACED 27
TOTAL SIGNS INSTALLED 4
TOTAL SIGNS REPAIRED 45
R\MAINTAIN\W KCMPLTD\SIGNS\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF APRIL, 2009
DATE "
LO, TION
WORK COMPLETED
"
04/01/09
FIRE STATION #73
75 SQ. FT. YELLOW BAR
04/01109
AREA #1 RED CURB
REPAINTED
1,702 SQ. FT.
04/01/09
YNEZ AT PROMENADE MALL NO.
REMOVED
1 LEDGER
04/02/09
AREAS #1 & #2
REPAINTED
5,610 SQ. FT. RED CURB
04/06/09
AREA #2
REPAINTED
6,136 SQ. FT. RED CURB
04/07/09
AREA #2
REPAINTED
6,103 SQ. FT. RED CURB
04/08/09
AREAS #1 & #2
REPAINTED
5,541 SQ. FT. RED CURB
04/09/09
AREA #2
REPAINTED
6,529 SQ. FT. RED CURB
04/13/09
AREA #2
REPAINTED
4,525 SQ. FT. RED CURB
04/14/09
AREA #3
REPAINTED
2,988 SQ. FT. RED CURB
04/15/09
AREAS #2 & #3
REPAINTED
1,019 SQ. FT. RED CURB
04/16/09
AREAS #3 & #4
REPAINTED
3,638 SQ. FT. RED CURB
04/20/09
AREAS #4 & #5
REPAINTED
2,012 SQ. FT. RED CURB
04/21/09
AREAS #4 & #5
REPAINTED
1,998 SQ. FT. RED CURB
04/22/09
AREAS #3, #4, & #5
REPAINTED
885 SQ. FT. RED CURB
04128/09
RED CURB
REPAINTED
1,377 SQ. FT. RED CURB
04/29/09
AREA #5 BIKE LANES
REPAINTED
42 SQ. FT.
04/30/09
AREA #5 BIKE LANES
REPAINTED
29 SQ. FT.
M
L
R
TOTAL NEW & REPAINTED LEGENDS 72
NEW & REPAINTED RED CURB & STRIPING L.F. 50.138
R:WAINTAIMWRKCOMPUrD\ TRIPING
CITY OF TEMECULA PAGE 1 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID
bid date)
PROJECTS UNDER CONSTRUCTION
Roripaugh Ranch Fire Station
The majority of work was completed by April of 2006. The remaining work will be
Contractor: Tovey Shultz Construction, Inc.
completed when the mainline utilities are installed, which the City is undertaking -
PW03-01
I
ContractAmount: $3,298,000
David McBride
97%(6109)
93%
estimated start in June of 2009. Afire engineAruck venting system (requested/added on
Approved Change Orders: $212,768.24
2/06) will be installed when the Contractor re-mobilizes, this cost is also included in the
Account No. 210-165-741
approved change order total.
City Property at Diaz Road and Dendy Parkway
This project provided for the rough grading of the vacant City property at Diaz Road and
(Northwest RDA Property) - Rough Grading
Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including
PW06-03
I
Contractor: Skanska
David McBride
Complete
100%
hydroseeding, was completed in December of 2008. A notice of completion was approved
Final Contract Cost $5,948,799.71
by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be
incurred for NPDES measures until such time the property is developed.
Murrieta Creek Multi Purpose Trail
This project will build equestrian, pedestrian and bike trails between Murrieta Creek and
Contractor: IAC Engineering, Inc.
Diaz Road from Rancho California Road to Winchester Road. Contract work is complete.
PW01-27
I
ContractAmount: $1,308,148.48
Jon Salazar/
100% (02109)
95%
The project is in the 90-day maintenance period effective 4/1/09 ongoing through June
Approved Change Orders (1-11): $212,657.09
Amer Attar
2009.
Account No. 210-190-142-58XX
Old Town Infrastructure Project-Town Square and
This project involves construction of the Town Square and street improvements on
Mercedes & Main Street
Mercedes & Main Streets. The project was awarded on March 18, 2008. All storm drain,
Contractor: LH Engineering Contract Amt:
sewer, and water improvements are complete and all the roadways are paved. Work is
PW06-07
I
$3,458,495.00
Approved Change Order(s) $ 218,743.55
David McBride
°
901° (6109)
°
93
ongoing in the Town Square. The redesigned fountain is being constructed. The granite
& 1 E
(1C )
tiles are being installed in the fountain and the bowl is scheduled for delivery the week of
Account Nos.:
May 18th. Delays in delivery of specialty items for the fountain will extend the completion
210-165-636
date until June 2009.
210-165-643
Pechanga Parkway Phase II Street Improvements
This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to
from Temecula Parkway to City Limits @ Pechanga
Pechanga Rd. The contractor completed the base paving for the entire project and all
PW99-11
Road.
Mayra De La
median curbs have been installed. Capping the pavement is scheduled to begin on May
(Ph II)
I
Contractor: All American Asphalt
Torre/Amer
80%
70°!°
29th. Construction work yet to be done include pavement cap, striping, traffic loops,
Contract Amount: $8,131,964.98
Attar
landscaping and irrigation, and utilities. Completion of the project is scheduled for the end
Account No. 210-165-668-58XX
of June 2009.
Old Town Infrastructure Projects
This project includes the site grading and retaining walls for the Civic Center & the Parking
- Parking Structure & Office/Retail Frontage
Structure site as well as construction of a parking structure, including office frontage shell
space. The grading for the Civic Center Pad is 100% complete and was turned over to
PW06-07
Contractor: PCL Construction
Contract Amount: $15,797,010.00
David
McBride/
Bill
43% (17109)
32%
the Civic Center Contractor on 4/8/09. The site perimeter retaining walls on the North end
(1 D)
Approved Change Orders: ($368,630.69)
McAteer
and along 1-15 along the Civic Center site are complete. The storm drain has been
relocated. The third elevated slab concrete placement has been completed and the
Account No. 210-165-644
exterior walls and columns are now visible above Mercedes Street.
The excavation of the Parking Structure retaining wall footings is in progress.
CITY OF TEMECULA PAGE 2 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Ronald Reagan Sports Park Channel Silt Removal &
This project includes restoring the Best Management Practices (BMP) of the Stormwater
Desiltation Pond
Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and
Contractor: Sean Malek
William
the requirements of RWQCB by desilting the basin located near the Sports Park. 401
PW05-13
I
Engineering Contract Amount: $315,510
Becerral Avlin
p%
0°f°
Certification, Streambed Alteration Agreement, and Nationwide Permits have been
Account No. 210-190-187-58XX
Odviar
Odvi
acquired. Bids were opened on 08/26/08 and will be awarded pending confirmation of
FEMA reimbursement funding.
Old Town Civic Center
This project will construct the Old Town Civic Center. City Council awarded the contract to
Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Site storm drain is
PW06-07
I
Contractor: Edge Development
C
t
t A
t
$31
555
500
Bill McAteer!
°
tgj10)
$f
°
7f
complete as well as the fire loop. Electrical underground has begun. RFI and Submittal
Ph2
on
rac
moun
:
,
,
Approved Change Orders: $48,156
David McBride
°
°
processing is ongoing and structural steel is in fabricaton.
Account No. 210-165-751-58XX
Temecula Community Center Expansion
Work began on January 13, 2009. The building is currently being framed. The anticipated
Contractor: Erickson-Hall Construction Company
William
completion date of the project is October 2009.
PW06-05
III
Contract Amount: $1,184,000.00
Becerra! David
41%
32%
McBride
Account No. 210-190-197
De Portola Road Pavement Rehabilitation Project
This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to
(from Jedediah Smith to Margarita)
Margarita Rd. This is a federally funded project. Construction began the week of 3/16/09
Contractor: Hardy & Harper, Inc.
Jon Salazar!
°
°
with potholing for underground storm drain work, which revealed conflicts with gas and
PW06-10
I
Contract Amount: $1,161,000
Amer Attar
40
f°
1
f°
phone lines. Contract work resumed on 4/20/09 after an approx. 3-week delay due to
Account No. 210-165-656-58XX
utility conflicts. Storm drain work is nearly complete; roadway work is set to begin on
5/18/09.
Pavement Rehabilitation Rancho California Road
This project will rehabilitate Rancho California Road from Ynez Road to the City limits on
(Ynez to East City Limit) - STPL Project
Kendra
the east. The project was awarded to All American Asphalt on March 24, 2009. Pre-
PW06-14
I
Contractor: All American Asphalt
Hannah-
0%
0%
construction meeting was held April 20, 2009. Anticipated start date is May 26, 2009.
Contract Amt: $3,666,004.25
Meistrell/Avlin
Odviar
Account No. 210-165-657
Traffic Signal Installation - Citywide, Butterfield Stage
This project will install a new traffic signal on Butterfield Stage Road at Welton Street l
Rd at Welton St! Channel St
Kendra
Channel Street. The bid opening was on 03/17/09. The project was awarded to
PW07-09
I
Contractor: Christopher R. Morales, Inc.
Hannah-
0%
0%
Christopher R. Morales, Inc. on 04/14/09. Pre-construction meeting was held 05/05/09.
Contract Amount: $323,893.00
Meistrell I
Anticipated start date is August 2009
Avlin Odviar
.
Account No. 210-165-669-58XX
Traffic Signal Installation - Citywide, Meadows Pkwy
This project will install a new traffic signal on Meadows Parkway at McCabe Drive. The
at McCabe Dr
Kendra
bid opening was on 03/17/09. The project was awarded to Christopher R. Morales, Inc.
PW07-10
I
Contractor: Christopher R Morales, Inc.
Hannah-
0%
0%
on 04/14/09. Pre-construction meeting was held 05/05/09. Anticipated start date is August
Contract Amount: $323,983.00
Meistrell /
2009
Avlin Odviar
.
Account No. 210-165-672-58XX
Localized Storm Drain Improvements
This project will replace the failed CMP under Margarita Road, just south of Rancho Vista
Emergency Replacement of a Failed Storm Drain
Road with an RCP. The emergency work commenced on April 29, 2009. It was
Pipe Under Margarita Road
°
substantially complete by the end of the week of May 11, 2009
PW09-05
I
Contractor: Monteleone Contractors
Amer Attar
100%
0%
Contract Amount: $123,618.18
Account No.: 210-165-715-58XX
CITY OF TEMECULA PAGE 3 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID ($j
bid date)
Site Demolition at 41351 Armada Place
Project consists of the demolition of 2 houses at the NE corner of Butterfield Stage
Contractor: vezion's West, Inc.
Mayra De La
Road/Rancho California Road. Project was advertised and bids were opened on 1/29/09.
PW08-08
Contract Amount: $18,210.00
Torre
100%
0%
Work started 3/30/09. Work on this project is complete and the Notice of Completion is in
Account No. 210-165-723-58XX
the process of being filed.
Citywide Slurry Seal Project FY08-09
Chris White I
Slurry Seal of local streets within Paloma Del Sol and Temeku Hills. Contract to be
PW 09-01
Contractor: Pavement Coating Company
Mayra De La
0%
0%
awarded on May 26th, 2009 Council meeting.
ContractAmount: $323,817.17
Torre
PROJECTS BEING ADVERTISED FOR BIDS
Citywide Concrete Repairs FY 2008-09
Citywide Concrete Repairs is currently being advertising for bid opening on June 2, 2009.
Removing and replacing various improvements
Chris
Award contract at the June 23, 2009 Council meeting.
PW09-03
I
including, but not limited to, curb & gutter, sidewalk,
White/Mayra
drive approaches, under sidewalk drains, cross
De La Torre
gutter, ADA ramps and local depressions.
PROJECTS BEING DESIGNED BY CONSULTANTS
Re-Stripe Route 79 South to 8 lanes from Pechanga
This project will provide four lanes in each direction on Temecula Parkway (formerly State
Parkway to 1-15
Kendra
Route 79 South) from 1-15 to Pechanga Parkway. The City is working to meet Caltrans
PW07-08
I
Consultant: JMD
Hannah-
60%(07109)
50%
requirements to do the striping.
Amount: $29,210.00
Iin Oell!
Avlin dviar
Account No. 210-165-676-58XX
Pechanga Parkway Storm Drain Improvements-
This project includes the construction of new wetlands for the Wolf Valley Creek Channel
Environmental Mitigation
Improvements-Stage 1. The wetlands will be created through the construction of new
landscape and irrigation systems. The site is located along the north bank of Temecula
PW99-
Consultants: Community Works Design
Mayra De La
Creek (within flood-plain/way areas). The environmental regulatory agencies have
11 EM
I
Contract Amount: $29,840
Torre
98%
98%
approved this new mitigation area. Mylars are ready for signature. The contract bid
document was reviewed and will be revised to incorporate all of the corrections. Offers for
Account No. 210-165-668-58XX
purchase of the properties were made. The City Council adopted a Resolution of
Necessity to acquire the property at their 11/25/08 meeting. The proposed improvements
cannot be implemented until the City obtain possession of the properties.
Murrieta Creek Bridge and Overland Drive Extension
The project includes the extension of Overland Drive from Commerce Center Drive to Diaz
from Commerce Center to Diaz Rd
Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army
Chris Whiter
Corps of Engineers and the state environmental regulatory agencies is required. The 90%
PW00-26
I
Consultant: Project Design Consultants
Mayra De La
90%
90%
plan comments have been returned to the consultant for corrections. The consultant has
Contract Amount: $466,940
Torre
submitted a proposal for additional scope of work; we are currently reviewing their
Account No. 210-165-602-58XX
proposal.
CITY OF TEMECULA PAGE 4 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Main Street Bridge Over Murrieta Creek
This project will replace the existing Main Street Bridge over Murrieta Creek. Design
(Replacement)
consultant Simon Wong Engineering (SWE) and the City are continuing to pursue
Consultant: Simon Wong Engineering
environmental permitting and coordination issues associated with pursuing the bridge
Contract amount: $317,719
Amendment No
1: Contract term extension
Jon Salazar/
°
87% (Phases I
°
replacement as a project separate from the Army Corps of Engineer's Murrieta Creek
PW03-05
I
.
Amendment No 2: Contract term extension
Amer Attar
92(6109)
& II) - 96%
Improvement project. Comments on the environmental technical reports were received
Amendment No. 3: $322,305
(Phase3)
from Caltrans on 4/28/09, and are being addressed by the consultant. Resubmittal of
Amendment No. 4: $24,063 (RCWD waterline)
technical reports to Caltrans anticipated the week of 5/18/09. The 100% PS&E package
was received from the design consultant on 2/17/09, and is under review by staff.
Account No. 210-165-743-58XX
Pedestrian/Bicycle Bridge Over Santa Gertrudis
This project includes the construction of an approx. 150' ped/bike bridge over Santa
Creek
Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a
Consultant: Nolte Associates
Jon Salazar/
NEPA document. The approved Preliminary Environmental Study (PES) form was
PW05-11
I
ContractAmount: $132,807
Amer Attar
85%(6109)
70%
received from Caltrans on 12/03/08; submission of technical reports to Caltrans is
Account No. 210-165-738-58XX
anticipated the week of 5/11/09. 100% design plans were received from the design
consultant on 2/23/09 and are under staff review.
Western Bypass Bridge Over Murrieta Creek
This project involves the design, environmental clearance, and construction of a new
Consultant: TYLIN International
William
bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension
PW06-04
I
Contract Amt: $378,776.20
BecerratAvlin
50%
60%
of Pujol Street to the new structure. Once constructed, this will serve as the southerly
Amendment 2 Amt: $244,824.80
Odviar
connection of the Western Bypass Corridor. Design is underway. Geotechnical
Account No. 210-165-660-58XX
investigations have been initiated and 30% of the design is complete.
Redhawk Park Improvements
This project will add amenities to four park sites in the Redhawk area. Due to budgetary
Consultant: RJM Design Group, Inc.
Kendra
constraints, the construction was divided into phases over a number of years. At the
Contract Amount: $164,574
Hannah-
°
°
December 11, 2007 meeting, the City Council approved an agreement with RJM for the
PW06-06
I
Meistrell!
95
I° (06109)
80
f°
construction drawings of the chosen amenities, which include a half court basketball court,
Account No. 210-190-144-58XX
Avlin Odviar
ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and
shade structure at Sunset Park. The preparation of the construction drawings continues.
Temecula Park and Ride (79 South)
This project will design and construct a park and ride facility on Temecula Parkway
(formerly 79 South) at La Paz. The 70% design drawings are being returned to AAE for
Bill McAteer!
revision and resubmittal. The WQMP for this project is being reviewed and may change
PW06-09
I
Design Develo mentAAE, Inc.
Contract amount $109,085
David McBride
75%
75%
the configuration of the detention basins. This project is currently on hold.
Amendment #1 $20,500
Account No. 210-165-747-58XX
Pechanga Pkwy-Dual Right Turn Lanes from
This project includes the design and construction of two right-turn lanes on eastbound
Temecula Parkway (R79S)
Temecula Pkwy to southbound Pechanga Pkwy. The project includes the widening of
Consultant: Cozad & Fox
Temecula Pkwy at Pechanga Pkwy & relocation of traffic signal poles. 100% design plans
Contract Amount: $29,010
Mayra De La
are complete. The Pechanga Pkwy St Improvements' contractor will be providing a
PW06-11
I
Account No. 210-165-63
7-58XX
Torre
%
proposal to perform this work as a change order to their contract. The City is in the
process of purchasing the required right of way. The City Council adopted a Resolution of
Necessity to acquire the property at their 11/25/08 meeting. Once the needed right of way
is acquired, construction will be scheduled.
CITY OF TEMECULA PAGE 5 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Santiago Detention Basin
This project includes the design and construction of a detention basin. The proposed
Consultant: Kimsey Horn
detention basin (1 acre in size) is located on the south side of Santiago Road between
Contract Amount: $65,250
Mayra De La
Vallejo Avenue and Orsmby Road. 100% design plans and specifications are 99%
PW06-12
I
Torre
95%
95%
complete. The environmental reports are in the process of being updated. Upon
Account No. 210-165-666-58XX
completion of the plans and specs, the bid documents will be finalized and the project will
go out to bid. documents.
Winchester Road / State Route 79 North - North
This federally funded project will design and construct landscaping and irrigation
Corridor Beautification
enhancements to the existing raised medians along Winchester Road between Ynez
Consultant: RBF
Road and the easterly City limits. The 100% design package has been reviewed and upon
PW06-15
I
Agreement Amount: $ 179,916.00
'
David McBride
99%
99%
completion of these revisions it will be submitted to Caltrans for construction authorization.
Approved EWA
s: $ 6,000
Due to funding obligations the construction phase of the project cannot begin until the next
Account No. 210-165-638
fiscal year.
French Valley Parkway I Interstate 15 over-Crossing
A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over
and Interchange Improvements- Phase 1 (PS&E)
Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of
Consultant: Moffatt & Nichol
Phase 1. City continued the design work. Status is as follows:
Amend. No. 1: $ 507,881.00
4: $
.
8
.00
No.
> PS&E - City is preparing 95% Plans, Specifications, and Estimate.
$1,,087087,,33
8:
00
.00
Amend.
No.
> Right of Way Establishing limits of dedication. Discussions are continuing with owners
Notes:
William
of affected parcels within Phase 1 work.
PW07-04
I
> Amend. Nos. 1, 4, & 8 amend original agreement
ABn OdvJ
rJ
60%(05110)
61%
> Declaration of Units - Caltrans Approved Metric Exception for this phase.
under PW02-11.
Amer Attar Attaar
> Utilities - Pothole of existing utilities within APE are complete.
> Amendment amounts represent portion
> Conceptual Landscape/Aesthetics -Concept was selected, with Murrieta, Caltrans, and
appropriated for Pw07-04.
IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal.
Account No. 210-165-719-58XX
Other:
> Maintenance Agreement - City preparing exhibit for first draft.
Old Town Gymnasium
This projects involves the design of the approximately 9,000 square foot gymnasium
Consultant: WLC Architects
adjacent the Boys & Girls Club on Pujol Street. WLC is still working on design scenarios
Contract Amount: $307,390.00
with Boys and Girls Club Staff. The land is to be utilized as staging area for the Murrieta
PW07-
05CSD
I I
Account No. 210-190-186
Bill McAteer!
David McBride
70% (12709}
5%
Creek Improvements project and it will need to be acquired from Riverside County Flood
Control (RCFC) for the current design. The land will not be available until the Creek
project is completed. A conceptual design committee meeting was held on January 27,
2009.
Pavement Management Program Update
This project will update the City's Pavement Management Program (PMP) for the years
Consultant: Wlldan
2008-2013. The 90% PMP report has been submitted and is being reviewed by staff.
Agreement Amount: $ 66,915
PW07-11
I
David McBride
100%
79%
Account Nos.:
001-164-601-5248
210-165-655-58XX
Nicolas Valley - Assessment District (Liefer Road)
This project will study assessment district feasibility and formation, including completing
Consultant: David Evans &Associates (DEA)
Kendra
the street and minor storm drain improvements on the unimproved portions of certain
Contract Amount: $120,900.00
Hannah-
streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement
PW08-06
I I
Account No. 210-165-502-58XX
Meistrell 1
Avlin Odvi Odviar f
50%(08109)
25%
for the street improvement design with David Evans and Associates at the 10/28/08 City
Amer Attar
Council Meeting. The kick off meeting for the design of the street improvements was held
on 12/17/08. Consultant is preparing 60% plans and estimate.
CITY OF TEMECULA PAGE 6 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID ($j
bid date)
Library Additional Parking
This project will provide 70-100 parking stalls on the graded City property about 1200 feet
Consultant: Hall & Foreman
west of the existing library as an overflow parking lot. Hall & Foreman is doing the design
Purchase Authorization Amount: $66,885 (Annual On
of the parking lot under the annual agreement they have with the City. The design kick off
PW08-07
I
-call)
Purchase Authorization Amount: $2,200
Amer Attar
15%(03109)
0%
meeting was held on 11/12/08. Surveying and geotechnical investigations are complete.
The consultant provided the City with three preliminary alternative layouts. Staff is also
Account No. 210-165-508-58XX
looking at the option of extending the existing parking lot. The design for this project has
been suspended.
Roripaugh Ranch Street Improvements- Phase I
Phase I include the construction of Butterfield Stage Road from Murrieta Hot springs Road
Construction of Butterfield Stage Road
to Calle Chapos /South Loop Road and getting the Fire Station functional. Currently, staff
PW09-02
I
Consultant: David Evans &Associates (DEA)
Mayra De Torre/Amer
o%
o%
is working on the Bid Package and well as RAN issues with 3 property owners within
Contract Amount:
Attar r
Phase I. Work to be done by the design consultant is on hold until the Roripaugh Ranch
CFD No. 03-02 liens are resolved and a settlement is reached.
Account No. 210-165-723-58XX
PROJECTS BEING DESIGNED BY STAFF
Long Canyon Detention Basin - Access Road
Plans and specifications are 90% complete. City is seeking FEMA funds to remove
PW04-07
I
0%
NIA
excess silt deposited within the basin before constructing the access road. Project is on
hold until FEMA determination is finalized.
Street Striping Program FY 2009-10
Chris White i
This annual program will stripe various locations around the City. Approval of the plans &
PW09-04
I
Contractor:
Mayra De La
0%
0%
specifications and authorization to solicit bids for the project is scheduled for the May 12,
Contract Amount:
Torre
2009, Council meeting. Bid opening is scheduled for May 26, 2009.
PROJECTS IN THE PLANNING STAGE
1-151 SR 79S Ultimate Interchange
This project will modify the 1-15/ SR 79 South Interchange to accommodate projected
Project Report (PR)
future traffic. City continued development of design geometrics, technical studies, and
Consultant: RBF Consulting
reports. Status of outstanding items are as follows:
Contract Amount: $ 325,944.00
Amendment No. 1: 98,196.00
Extra Work Auth. No. 1: 13,426.00
> Project Report -Under Caltrans review.
PW04-08
I
Extra Work Auth. No. 2: 17,732.00
Avlin Odviarf
95%(05109)
95%
> Supplemental Fact Sheet - Under Caltrans review.
(Extra Work Auth. No. 3: 18,428.00)
Amer Attar
> Modified Access Report - FHWA Determination of Acceptability, approved July 2007.
(Extra Work Auth. No. 4: 5,032.00)
Final approval pending approval of the Final Environmental Document.
(Extra Work Auth. No. 5: 21,240.00)
> Geometric Approval Drawings - Under Caltrans review.
Note: EWA No. 3, 4, and 5 will be paid with unused
> Final Environmental Document - Awaiting approval of Project Report.
portion of Amend No. 1.
> Life Cycle Cost Analysis - Under Caltrans review.
Account No. 210-1654-662-58XX
CITY OF TEMECULA PAGE 7 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
PROJECT
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
NO
PRIORITY
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
CONTRACT
CURRENT STATUS & PROGRESS
PAID ($j
bid date)
French Valley Parkway / Interstate 15 Over-Crossing
This project will construct an interchange between Winchester Road Interchange and the I
and Interchange Improvements (PA & ED)
-15/1-215 split. City continued development of the Project Report and Environmental
Consultant: Moffatt & Nichol
Document. Status is as follows:
Agreement Amount: $1,091,693.00
Amend. No. 1: 202,652.40-
Amend. No. 2: 21 21,63030.000
> Draft Project Report - Approved June 2006.
CCO No. 1: 25,000.00
> Project Report - Final preparation pending approval of Environmental Doc.
CCO No. 2: 8,000.00
> Draft Environmental Document - Public circulation/review 04/22/09 - 05/22/09.
CCO No. 3: 18,008.00
> New Connection Report (NCR) - Letter of Acceptability received in July 2008.
CCO No. 4: 11,320.00
> Traffic Operations Analysis - Approved 02/05/08.
CCO No. 5: 37,645.00
> Exception to 20-yr Traffic Design - Approved 12/17/07.
Amend. No. 3: 283,982.52
> Stormwater Data Report - City revising per Caltrans comments.
Amend. No. 4: See PW004
00..
.
5:
1
69
,
00
00
No.
> Mandator Design Exceptions roved 07/18/06.
6:
1
10
,
91
7
.00
Amend.
No.
William
> Advisory Design Exceptions - Approved 07/18/06.
PW02-11
I
Amend. No. 7: 14,573.36
Becerr
90%(11109)
88%
> Exception to Ramp Metering Policy - Approved 07/05/06.
Amend. No. 8 See PW07-04
l Amer mer
Odv
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> Geometric Approval Drawings - Approved 07/18/06.
Amend. No. 9 100,000.00
>
Revised Geometric Approval Drawings -Approved 01/11108.
Notes:
> Storm Drain Study- Approved 03/21/08.
> Amend. No.1 also applies to PuV07-04. See PVV07
'
> Floodplain and Scour Analysis Report - Approved Oct 2008.
i apportionment.
-04 for add
Account No. 210-165-677-58XX
Other:
> Declaration of Units - Request for Metric Exception denied by Caltrans.
> Freeway Agreements - Execution pending approval of the Project Report.
> Risk Management Plan - Updating as necessary.
> Project Charter - 1 st draft is under Caltrans review.
> Maintenance Agreement - Preparing 1st submittal for Caltrans review.
> Financial Plan - Updating as necessary.
Temecula Creek Crossing - Access to Highway 79
The project consists of performing an alignment study to set a specific horizontal and
South (Temecula Parkway)
vertical alignment for an extension of Avenida de Missions southerly to gain vehicular
Bridge Alignment Study- Avenida de Missions over
Kendra
access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final
PW08-03
I I
Temecula Creek
Consultant: Nolte Associates, Inc.
Hannah-
Meistrelll Avlin
10010
100%
engineering report is complete. Project is pending allocation of funds for design.
Contract Amount: $87,923.00
Odviar
Account No. 210-165-677-58XX
Santa Gertrudis Creek Pedestrian/Bicycle Trail
The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis
Extension and Interconnect
Kendra
Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at
Alignment Study, Design & Environmental Clearance
Hannah-
Diaz Road. The City Council approved an agreement with Hall & Foreman at the 11/25/08
PW08-04
11
Consultant: Hall & Foreman, Inc.
Meistrell 1
30%(07109)
15%
meeting. The kick off meeting was held on 01/08/09. The alignment study has been
Contract Amount: $246,865.00
Avlin Odviar
completed. Extension of time for the Bicycle Transportation Account funds was approved
Account No. 210-165-739-68XX
05/01/09. Alignment is being selected and design will begin mid-May.
CITY OF TEMECULA PAGE 8 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID
bid date)
PROJECTS WAITING IN THE WINGS
Butterfield Stage Road - Roripaugh CFD
This includes planning for the construction of the City Council approved Roripaugh Ranch
Mayra De La
CFD No. 03-02 Street Improvements. Regulatory agencies are on board with City
III
Torre/ Amer
)
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proceeding with specific road improvements. The research for (a) dry utility designs, (b)
Attar
plan status and (c) Pay requests review is on-going. City Attorney is working on
lien/settlement analysis. Branched out "Phase I" of this project to PW09-02.
PW00-29
11
Citywide Master Drainage Plan
% ( )
Postponed.
Multi-Trails System- Margarita Road Under Crossing
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek
Consultant: LAN Engineering
under Margarita Road. Data regarding existing utilities are being incorporated into the
PW04-13
I
Contract Amount: $114,426.00
William
100%
100%
design. RCFC has provided an Encroachment Permit. Plans & Specs are complete. This
Becerra
project cannot be constructed until adequate funds are identified. An application was
submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06.
Sam Hicks Monument Park Playground Replacement
This project will replace the playground at Sam Hicks Monument Park to comply with new
PW06-16
0%
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standards. The funding for this project is through Community Development Block Grant.
Funding for this project has been reallocated to a future fiscal year.
Auxiliary Lanes on 1-15 in Temecula
A feasibility study will be conducted to determine if auxiliary lanes can be added between
on and off-ramps on 1-15 in Temecula to improve the freeway operation. An RFP to
PW06-17
I
Amer Attar
conduct the study was published on the City's website on 02/14/07. Proposals were
received on 03/16/07. The City reviewed the proposals and selected a consultant. Due to
funding constraints, this project is being delayed until Fiscal Year 2009/ 2010.
RIGHT OF WAY RELATED PROJECTS
French Valley Parkway/ 1-15 Overcrossing and
William
The review appraisal is complete. Caltrans has approved the appraisals. The City Council
PW02-11
I
Interchange, Project Report (PR)
Becerrai Amer
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is scheduled to review this matter in Closed Session on May 26, 2009.
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Butterfield Stage Road - Roripaugh CFD
Met with all but three property owners to discuss their property concerns. Prepared a
Project Description: Research to create a bid
Mayra De La
matrix addressing owner issues/concerns to present to City staff. Work to clear all issues
CFD 03-02
package (i.e., Plans and Specs) to construct specific
Torre/Amer
related to the properties within Phase 1 of the project continues.
improvements (BSR, MHSR, fire station, etc.)
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Contractor: N/A; Contract: N/A
Diaz Realignment
A71 required right-of-way documents have been recorded with the County; consultant
PW 95-27
1
Jon arl
surveyor is in the process of recording the Record of Survey, which will complete the
Amerr Attar
process.
Pechanga Parkway (right turn lanes)
Purchase & Sale Agreement was sent to the property owner. He has not accepted the
City's offer. City Council adopted the Resolution of Necessity at the 11/25/08 meeting. A
PW 06-11
Amer Attar
check was prepared for court deposit to file eminent domain lawsuit. Lawsuit was filed in
mid February. The property owner has just presented the City with a counter offer. The
City responded to the counter offer and awaiting the owner's response.
CITY OF TEMECULA PAGE 9 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID ($j
bid date)
Pechanga Parkway (mitigation land)
Purchase & Sale Agreement was sent to the property owner. He has not accepted the
City's offer. City Council has adopted the Resolution of Necessity at the 11/25/08 meeting.
PW 99-11
Amer Attar
A check was prepared for court deposit for eminent domain lawsuit. Lawsuit was filed in
mid February. The property owner has just presented the City with a counter offer. The
City responded to the counter offer and awaiting the owner's response.
Surplus Land : Diaz Road Realignment
Staff met with Outdoor Channel. City Council approved the counter offer. Purchase and
Sale Agreement was prepared by City and it was presented to the buyer. The agreement
Amer Attar
has been agreed upon by the City and the buyer. It will be given to the buyer, along with
the new exhibit for signature. Once signed , it will be taken to the City Council for approval
of the sale.
Riverside County Flood Control Parcels-Old Town
Staff received Purchase Agreements from RCFC to purchase portions of six parcels. City
met with Flood Control in January and asked for updated values. RCFC will revise their
Beryl
offers based on current sales comps. Staff is also working with RCFC to finalize the
Yasinoskyt
Amer Attar
Purchase & Sale Agreement. RCFC requested that the City quitclaim a channel
easement for another parcel (APN 922-035-024) and for City to accept the Declaration of
Dedication. This matter was approved by the City Council at the 2/24/09 meeting.
Santa Gertrudis Ped. Bridge
The City Council approved the Purchase and Sale Agreement with Rancho California
Water District (RCWD) at the 10/14/08 meeting. Escrow has been opened. We received
PW07-05
Amer Attar
the estimated settlement statement from escrow on 12/2/08. Escrow has closed and the
City received the Final Settlement Statement.
PW06-12
Santiago Detention Basin
Amer Attar
Appraisal is ready to be finalized but has been put on hold.
Murrieta Creek Bridge and Overland Drive Extension
To initiate this right of way work, seven title reports were ordered on 12/2/08. Consultant Is
in the process of preparing Iegals/plats. Staff provided estimates for doing the appraisals
PW00-26
Amer Attar
of the affected properties to the Director of Public Works. Once these estimates are
approved, the appraisal process can proceed.
Policy re: Site Assessments
Amer Attar
Editing Site Assessment policy
Miscellaneous Right of Way Related Items
Amer Attar
On-going
review of Caltrans procedures; working on draft of Relocation handout required by law
Western Bypass Bridge Over Murrieta Creek
Will Becerraf
City needs to accept the Offer of Dedication that was not accepted by County on Parcel
PW06-04
I
Beryl
Map PM 8248, which was recorded on 2/15/1977. Up to Twelve Iegals and plats will be
Yasinoskyl
prepared by the consultant. Once Iegals/plats are received, the City will obtain appraisals.
Amer Attar
SPECIAL AND MISCELLANEOUS PROJECTS
Roripaugh Ranch CFD
Staff reviewed the submitted Reimbursement Request for the two bridges. Comments
CFD 03-02
Annie t
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were provided to Ashby USA representatives. Meetings are being held with the developer
Lei Ameer r Attar
seeking these reimbursements to finalize the numbers
CFD 01-02
Harveston CFD
Amer Attar
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No activities during the last period
CFD 03-06
Harveston CFD
Amer Attar
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No activities during the last period.
CITY OF TEMECULA PAGE 10 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID ($j
bid date)
CFD 03-01
Crown Hill CFD
Amer Attar
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N/A
During the last period, the developer submitted reimbursement request for the retention.
Wolf Creek CFD
Met with Tony Louka, Caltrans Environmental Engineering, Adam Smith, Standard Pacific,
along with Matt Peters (city Planner) and Steve Beswick (Pechanga Parkway Project
Manager). The meeting was to review the walls along the Wolf Creek Development.
Standard Pacific is to raise them to 8'. To satisfy the Federal requirements, Caltrans will
need a letter from the City for some of the open area that provide access from the trail to
CFD 03-03
Amer Attar
N/A
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the development. Standard Pacific is to survey adjacent property owners to see if they are
OK with the openings or if they want these openings closed. The City's letter would notify
Caltrans with the results and what action the City would take based on these results.
A letter from the City to Standard Pacific detailing the wall requirements was sent on
01/06/09.
CFD 02-08
Serena Hills CFD
Amer Attar
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No activities during the last period.
Quarterly Review- Tracking, preparing, and
Various Projects.
Various
I
processing Federal, State and TUMF Funds
Julie Dauer
On-going
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Reimbursements
Contract Administration
On-going review of CIP project contracts, amendments, extra work authorizations &
Various
I
Julie Dauer
On-going
N/A
change orders and maintaining budget accounts. Providing assistance to staff in
processing invoices for all CIP division projects.
Murrieta Creek Multi Purpose Trail
Project is currently in construction phase. Continue to process reimbursement requests for
PW01-27
I
Julie Dauer
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Caltrans submittal and approval.
Surface Transportation Program (STP) - De Portola
Contract has been awarded. Federal funding reimbursement requests will be submitted to
PW06-10
I
Road Pavement Rehabilitation
Julie Dauer
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Caltrans as project progresses. $458,990 STP funds
Highway Bridge Replacement & Rehabilitation
New PES form updated and submitted to Caltrans, Environmental Division to obtain
PW03-05
I
Program (HBRR) - Main Street Bridge
Julie Dauer
NJA
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environmental clearances & approval to proceed with final design processes. Total HBRR
funds $3,920,000.
SR2S- Safe Routes to School Program - Ped/Bicycle
Received December 2, 2008 the approval of our PES document. Prior to obtaining the
Bridge over Santa Gertrudis Creek to Chaparral Hig
Categorical Exclusion we shall provide Caltrans various technical studies. SR2S funding
PWOS-11
I
Julie Dauer
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has been awarded in the amount of $425,520. In addition to SR2S funding we have been
awarded $132,000 in SB821 funding.
Transportation Uniform Mitigation Fee (TUMF)
Quarter Ended 12/31/08- TUMF reimbursement requests to be prepared for submittal to
WRCOG & RCTC. Meeting with WRCOG to clear up outstanding progress billings and
Various
I
Julie Dauer
N/A
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review of processes for future reimbursement requests. Letter to follow from City to
WRCOG in summary of meeting minutes.
TE - Transportation Enhancement
Program funding is scheduled for FY2009-2010. Environmental clearance has been
Winchester Road/State Route 79 North Corridor
approved and project is slated for construction in the next fiscal year. Currently in process
PW06-15
I
Beautification Projec
Julie Dauer
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of preparing our 'Request for Allocation' through the CTC and also our RFA package to
Caltrans for 'Authorization to Proceed with Construction'. Total funds awarded per TE
Funding adjustments $1,133,000.
CITY OF TEMECULA PAGE 11 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 5113/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Pechanga Parkway Phase II Street Improvements-
Continue to review construction expenditures forfederal reimbursement of PLH funds.
PW99-11
Public Land & Highways Funded
Julie Dauer
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N/A
Prepare and submit reimbursement requests to Caltrans, Sacramento. Total PLH funding
(Phase II)
is $4,000,000.
Various
I
Bond Releases
Julie Dauer
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Continued review of CIP project bonds scheduled for release.
2006107 Bicycle Transportation Account
Resolution approved by City Council for the Cooperative Work Agreement (CWA). The
BTA Funds
CWA will extend the terms of the original agreement to allow for the continuation of project
PW08-04
I
Santa Gertrudis Creek Bicycle Trail Extension and
Julie Dauer
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implementation and the award of a consultant agreement for this project. 2006/07 BTA
Interconnect
funds approved for the planning & preliminary engineering and total award of $395,000.
CWA is anticipated to be approved in April 2009.
Standardize the format of the Specifications for all
Specifications library is continuously being updated and amended. The boiler-plate section
projects
is also being reviewed and updated. Federal Specifications were updated and
David McBride
On-going
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standardized for De-Portola and Rancho California Road. All specifications were updated
to 2009.
Circulation Element Implement Plan
This Project is to identify all future projects necessary so that the current Circulation
Element of the General Plan is fully implemented. Data entry into the database is
complete. The tasks of field verification, cost estimates preparation, and aerial mapping
I
Amer Attar
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have all been completed. The information gathering and the reporting stage of this
project is complete. GIP staff will work with GIS to automate the availability and the update
of the information.
Update Plans to Reflect As-Built Conditions for All
City receives blue prints from many contractors marked with As-Built conditions for various
Recent Projects
projects. Some of these As-Built conditions have never been transferred to the project
On-going
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mylars. As-Built plans will be created for all recent projects, if it was not done at the time of
submission.
Consultant Selection
An Access database was created for our Consultant Selection List. Information is
Various
I
On-going
N/A
available on the City's web-site on how to be placed on the list and responses are being
entered into the computer as they are received.
Pavement Rehabilitation - Rancho California Road
Caltrans, Local Assistance approved the construction phase of work. STPL funding of
PW06-14
I
(STPL)
Julie Dauer
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$2,958,000. Project is currently out to bid. Bid Opening is scheduled for January 29, 2009.
Pavement Rehabilitation of Rancho California Road
from Ynez Road to Butterfield Stage Road
Citywide Traffic Light Synchronization System
City has been awarded $515,000 in Traffic Light Synchronization Program (TLSP)
TBD
I
Purchase, install & implement an adaptive traffic
Julie Dauer
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funding. Disbursements for these programs have currently been suspended.
signal synchronization system along six corridors
within the City.
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
April / May 2009
Prepared by: Amer Attar
Submitted by: Greg Butler
Date: 5/26/2009
PROJECTS UNDER CONSTRUCTION
Roripaugh Ranch Fire Station
The majority of work was completed by April of 2006. The remaining work will be completed when the
mainline utilities are installed, which the City is undertaking - estimated start in June of 2009. A fire
engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re-
mobilizes, this cost is also included in the approved change order total.
City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) - Rough Grading
This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway.
All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in
December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting.
Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is
developed.
Murrieta Creek Multi Purpose Trail
This project will build equestrian, pedestrian and bike trails between Murrieta Creek and Diaz Road from
Rancho California Road to Winchester Road. Contract work is complete. The project is in the 90-day
maintenance period effective 4/1/09 ongoing through June 2009.
Old Town Infrastructure Project -Town Square and Mercedes & Main Street
This project involves construction of the Town Square and street improvements on Mercedes & Main
Streets. The project was awarded on March 18, 2008. All storm drain, sewer, and water improvements
are complete and all the roadways are paved. Work is ongoing in the Town Square. The redesigned
fountain is being constructed. The granite tiles are being installed in the fountain and the bowl is
scheduled for delivery the week of May 18th. Delays in delivery of specialty items for the fountain will
extend the completion date until June 2009.
Old Town Infrastructure Projects - Underground Utility District
This project undergrounded all overhead utility lines along Main Street from Mercedes to Front and
Mercedes between 2nd and 6th streets. Project was awarded on 3/18/08. Work under this project is
complete and a Notice of Completion was approved on 2/10/09.
Citywide Slurry Seal Project FY 2007-2008
This project will slurry seal streets mainly in the Paloma del Sol area. Construction is essentially
complete. Minor punchlist items are being addressed. Estimated completion is 09/15/08.
Roller Hockey Rink Dasher Board System
This project will replace the boards at the existing Roller Hockey Rink. This project is 100% complete.
The Board of Directors acceped the project on 11/25/08. The Notice of Completion has been filed.
Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits @
Pechanga Road.
This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The
contractor completed the base paving for the entire project and all median curbs have been installed.
Capping the pavement is scheduled to begin on May 29th. Construction work yet to be done include
pavement cap, striping, traffic loops, landscaping and irrigation, and utilities. Completion of the project is
scheduled for the end of June 2009.
Old Town Infrastructure Projects
- Parking Structure & Office/Retail Frontage
This project includes the site grading and retaining walls for the Civic Center & the Parking Structure site
as well as construction of a parking structure, including office frontage shell space. The grading for the
Civic Center Pad is 100% complete and was turned over to the Civic Center Contractor on 4/8/09. The
site perimeter retaining walls on the North end and along 1-15 along the Civic Center site are complete.
The storm drain has been relocated. The third elevated slab concrete placement has been completed
and the exterior walls and columns are now visible above Mercedes Street. The excavation of the
Parking Structure retaining wall footings is in progress.
Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond
This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution
Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirements of
RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration
Agreement, and Nationwide Permits have been acquired. Bids were opened on 08/26/08 and will be
awarded pending confirmation of FEMA reimbursement funding.
Old Town Civic Center
This project will construct the Old Town Civic Center. City Council awarded the contract to Edge
Development, Inc. on 09/09/08. Edge began work on 4/8/09. Site storm drain is complete as well as the
fire loop. Electrical underground has begun. RFI and Submittal processing is ongoing and structural
steel is in fabricaton.
Temecula Community Center Expansion
Work began on January 13, 2009. The building is currently being framed. The anticipated completion
date of the project is October 2009.
De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita)
This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to Margarita Rd. This
is a federally funded project. Construction began the week of 3/16/09 with potholing for underground
storm drain work, which revealed conflicts with gas and phone lines. Contract work resumed on 4/20/09
after an approx. 3-week delay due to utility conflicts. Storm drain work is nearly complete, roadway work
is set to begin on 5/18/09.
Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) - STPL Project
This project will rehabilitate Rancho California Road from Ynez Road to the City limits on the east. The
project was awarded to All American Asphalt on March 24, 2009. Pre-construction meeting was held
April 20, 2009. Anticipated start date is May 26, 2009.
Traffic Signal Installation - Citywide, Butterfield Stage Rd at Welton St / Channel St
This project will install a new traffic signal on Butterfield Stage Road at Welton Street / Channel Street.
The bid opening was on 03/17/09. The project was awarded to Christopher R. Morales, Inc. on
04/14/09. Pre-construction meeting was held 05/05/09. Anticipated start date is August 2009.
Traffic Signal Installation - Citywide, Meadows Pkwy at McCabe Dr
This project will install a new traffic signal on Meadows Parkway at McCabe Drive. The bid opening was
on 03/17/09. The project was awarded to Christopher R. Morales, Inc. on 04/14/09. Pre-construction
meeting was held 05/05/09. Anticipated start date is August 2009.
Localized Storm Drain Improvements
This project will replace the failed CMP under Margarita Road, just south of Rancho Vista Road with an
RCP. The emergency work commenced on April 29, 2009. It was substantially complete by the end of
the week of May 11, 2009
Site Demolition at 41351 Armada Place
Project consists of the demolition of 2 houses at the NE corner of Butterfield Stage Road/Rancho
California Road. Project was advertised and bids were opened on 1/29/09. Work started 3/30/09. Work
on this project is complete and the Notice of Completion is in the process of being filed.
Citywide Slurry Seal Project FY08-09
Slurry Seal of local streets within Paloma Del Sol and Temeku Hills. Contract is to be awarded at the
May 26th, 2009 Council meeting.
PROJECTS BEING ADVERTISED FOR BIDS
Citywide Concrete Repairs FY 2008-09
The Citywide Concrete Repairs project is currently being advertised for bid opening on June 2, 2009.
PROJECTS IN DESIGN
Re-Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1-15
This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79
South) from 1-15 to Pechanga Parkway. The City is working to meet Caltrans requirements to do the
striping.
Pechanga Parkway Storm Drain Improvements - Environmental Mitigation
This project includes the construction of new wetlands for the Wolf Valley Creek Channel Improvements-
Stage I. The wetlands will be created through the construction of new landscape and irrigation systems.
The site is located along the north bank of Temecula Creek (within flood-plain/way areas). The
environmental regulatory agencies have approved this new mitigation area. Mylars are ready for
signature. The contract bid document was reviewed and will be revised to incorporate all of the
corrections. Offers for purchase of the properties were made. The City Council adopted a Resolution of
Necessity to acquire the property at their 11/25/08 meeting. The proposed improvements cannot be
implemented until the City obtain possession of the properties.
Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd
The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a
bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army Corps of Engineers and the
state environmental regulatory agencies is required. The consultant submitted 90% design plans to the
City. The plans were sent to internal reviewers and Utility Companies for comments.
Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon
Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and
coordination issues associated with pursuing the bridge replacement as a project separate from the
Army Corps of Engineer's Murrieta Creek Improvement project. Comments on the environmental
technical reports were received from Caltrans on 4/28/09, and are being addressed by the consultant.
Resubmittal of technical reports to Caltrans anticipated the week of 5/18/09. The 100% PS&E package
was received from the design consultant on 2/17/09, and is under review by staff.
Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek
This project includes the construction of an approx. 150' ped/bike bridge over Santa Gertrudis Creek
near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. The
approved Preliminary Environmental Study (PES) form was received from Caltrans on 12/03/08,
submission of technical reports to Caltrans is anticipated the week of 5/11/09. 100% design plans were
received from the design consultant on 2/23/09 and are under staff review.
Western Bypass Bridge Over Murrieta Creek
This project involves the design, environmental clearance, and construction of a new bridge over
Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new
structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor.
Design is underway. Geotechnical investigations have been initiated and 30% of the design is complete.
Redhawk Park Improvements
This project will add amenities to four park sites in the Redhawk area. Due to budgetary constraints, the
construction was divided into phases over a number of years. At the December 11, 2007 meeting, the
City Council approved an agreement with RJM for the construction drawings of the chosen amenities,
which include a half court basketball court, ADA accessible parking, and dog park at Redhawk
Community Park, a seatwall and shade structure at Sunset Park. The preparation of the construction
drawings continues.
Temecula Park and Ride (79 South)
This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South)
at La Paz. The 70% design drawings are being returned to AAE for revision and resubmittal. The WQMP
for this project is being reviewed and may change the configuration of the detention basins. This project
is currently on hold.
Pechanga Pkwy-Dual Right Turn Lanes from
Temecula Parkway (R79S)
This project includes the design and construction of two right-turn lanes on eastbound Temecula Pkwy to
southbound Pechanga Pkwy. The project includes the widening of Temecula Pkwy at Pechanga Pkwy &
relocation of traffic signal poles. 100% design plans are complete. The City is in the process of
purchasing the required right of way. The City Council adopted a Resolution of Necessity to acquire the
property at their 11/25/08 meeting. Once the needed right of way is acquired, construction will be
scheduled.
Santiago Detention Basin
This project includes the design and construction of a detention basin. The proposed detention basin (1
acre in size) is located on the south side of Santiago Road between Vallejo Avenue and Orsmby Road.
100% design plans and specifications are 99% complete. The environmental reports are in the process
of being updated. Upon completion of the plans and specs, the bid documents will be finalized and the
project will go out to bid. documents.
Winchester Road / State Route 79 North - North Corridor Beautification
This federally funded project will design and construct landscaping and irrigation enhancements to the
existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The
100% design package has been reviewed and upon completion of these revisions it will be submitted to
Caltrans for construction authorization. Due to funding obligations the construction phase of the project
cannot begin until the next fiscal year.
French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements - Phase 1
(PS&E)
A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis
Creek at the Winchester southbound off-ramp are the components of Phase 1. City continued the design
work. Status is as follows:
> PS&E - City is preparing 95% Plans, Specifications, and Estimate.
> Right of Way - Establishing limits of dedication. Discussions are continuing with owners of affected
parcels within Phase 1 work.
> Declaration of Units - Caltrans Approved Metric Exception for this phase.
> Utilities - Pothole of existing utilities within APE are complete.
> Conceptual Landscape/Aesthetics - Concept was selected, with Murrieta, Caltrans, and IBC
concurrence. Selection was incorporated into Draft Structures PS&E submittal.
Other:
> Maintenance Agreement - City preparing exhibit for first draft.
Old Town Gymnasium
This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys &
Girls Club on Pujol Street. WLC is still working on design scenarios with Boys and Girls Club Staff. The
land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be
acquired from Riverside County Flood Control (RCFC) for the current design. The land will not be
available until the Creek project is completed. A conceptual design committee meeting was held on
January 27, 2009.
Pavement Management Program Update
This project will update the City's Pavement Management Program (PMP) for the years 2008-2013. The
90% PIMP report has been submitted and is being reviewed by staff.
Long Canyon Detention Basin - Access Road
Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited
within the basin before constructing the access road. Project is on hold until FEMA determination is
finalized.
Nicolas Valley - Assessment District (Liefer Road)
This project will study assessment district feasibility and formation, including completing the street and
minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley
(Liefer Road) area. The City Council approved an agreement for the street improvement design with
David Evans and Associates at the 10/28/08 City Council Meeting. The kick off meeting for the design of
the street improvements was held on 12/17/08. Consultant is preparing 60% plans and estimate.
Library Additional Parking
This project will provide 70-100 parking stalls on the graded City property about 1200 feet west of the
existing library as an over flow parking lot. Hall & Foreman is doing the design of the parking lot under
the annual agreement they have with the City. The design kick off meeting was held on 11/12/08.
Surveying and geotechnical investigations are complete. The consultant provided the City with three
preliminary alternative layouts. Staff is also looking at the option of extending the existing parking lot.
The design for this project has been suspended.
Roripaugh Ranch Street Improvements - Phase I
Phase I include the construction of Butterfield Stage Road from Murrieta Hot springs Road to Calle
Chapos / South Loop Road and getting the Fire Station functional. Currently, staff is working on the Bid
Package. Work to be done by the design consultant is on hold until the Roripaugh Ranch CFD No. 03-02
liens are resolved and a settlement is reached.
Street Striping Program FY 2009-10
This annual program will stripe various locations around the City. Approval of the plans & specifications
and authorization to solicit bids for the project is scheduled for the May 12, 2009, Council meeting. Bid
opening is scheduled for May 26, 2009.
PROJECTS IN THE PLANNING STAGE
1-15 / SR 79S Ultimate Interchange
This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. City
continued development of design geometrics, technical studies, and reports. Status of outstanding items
are as follows:
> Project Report - Under Caltrans review.
> Supplemental Fact Sheet - Under Caltrans review.
> Modified Access Report - FHWA Determination of Acceptability, approved July 2007. Final approval
pending approval of the Final Environmental Document.
> Geometric Approval Drawings - Under Caltrans review.
> Final Environmental Document - Awaiting approval of Project Report.
> Life Cycle Cost Analysis - Under Caltrans review.
French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements (PA & ED)
This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split.
City continued development of the Project Report and Environmental Document. Status is as follows:
> Draft Project Report - Approved June 2006.
> Project Report - Final preparation pending approval of Environmental Doc.
> Draft Environmental Document - Public circulation/review 04/22/09 - 05/22/09.
> New Connection Report (NCR) - Letter of Acceptability received in July 2008.
> Traffic Operations Analysis - Approved 02/05/08.
> Exception to 20-yr Traffic Design - Approved 12/17/07.
> Stormwater Data Report - City revising per Caltrans comments.
> Mandatory Design Exceptions - Approved 07/18/06.
> Advisory Design Exceptions - Approved 07/18/06.
> Exception to Ramp Metering Policy - Approved 07/05/06.
> Geometric Approval Drawings - Approved 07/18/06.
> Revised Geometric Approval Drawings - Approved 01/11/08.
> Storm Drain Study - Approved 03/21/08.
> Floodplain and Scour Analysis Report - Approved Oct 2008.
Other:
> Declaration of Units - Request for Metric Exception denied by Caltrans.
> Freeway Agreements - Execution pending approval of the Project Report.
> Risk Management Plan - Updating as necessary.
> Project Charter - 1st draft is under Caltrans review.
> Maintenance Agreement - Preparing 1st submittal for Caltrans review.
> Financial Plan - Updating as necessary.
Temecula Creek Crossing - Access to Highway 79 South (Temecula Parkway)
The project consists of performing an alignment study to set a specific horizontal and vertical alignment
for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Road,
including a bridge crossing over Temecula Creek. Final engineering report is complete. Project is
pending allocation of funds for design.
Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect
The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek
Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at Diaz Road. The City
Council approved an agreement with Hall & Foreman at the 11/25/08 meeting. The kick off meeting was
held on 01/08/09. The alignment study has been completed. Extension of time for the Bicycle
Transportation Account funds was approved 05/01/09. Alignment is being selected and design will begin
mid-May.
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