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HomeMy WebLinkAbout121598 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AGENDA TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 15, 1998 - 7:00 P.M. 5:30 ~P.M.- Closed!Session of the City Council and Redevelopment Agency pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant;to Government~ Code Section 54956.8 concerning the acquisition of real property located at 28721 Front Street, Temecula (APN 922-073-017, 922-046-022, and 922-073-024). The negotiating parties are the Redevelopment Agency of the City of Temecula, Cleveland Investment Company, and First and Front LLP. Under negotiation is the price and terms :of payment to the real property interests proposed to be acquired. 2. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a)with respect to three matters of existing litigation involving the City and/or the Agency. The following cases/claims will be discussed: Clark vs. City of Temecula, City of Temecula vs. KR Palm Plaza, and claim of Westside City II, LLC (Bill Dendv). 3. ~Conferencei:wl~h real property negotiator pursuant to Government=Code:Section 54956.8 concerning the sale of real property located: at (APN950~583~01:3) 4501~2Corte Christina. The negotiating parties are the Redevelopment Agency of the City of Temecula and Arthur ~Lopez. Under negotiation are:the price and terms of payment ofthe real property interests proposed to be conveyed and/or acquired. 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. CALL TO ORDER: Next in Order: Ordinance: No. 98-23 Resolution: No. 98-118 R:~Agenda\121598 Prelude Music: Invocation: Flag Salute: ROLL CALL: Triple J Chorus from Redhawk Elementary James Mason of Imani Temple of Temecula Mayor Pro Tem Ford Comerchero, Ford, Lindemans, Stone, Roberts PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Brandon Knight for obtainin.cl the rank of Ea.qle Scout PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 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. Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution Approvin.q List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: R:~genda\121598 2 3 4 5 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Minutes RECOMMENDATION: 3.1 Approve the minutes of November 10, 1998; 3.2 Approve the minutes of November 17, 1998. Financial Statements for the Three Months ended September 30, 1998 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the three months ended September 30, 1998. Actin.q City Mana.qer/Deputy City Manaqer Employment Aqreement with Shawn Nelson and Establishment of Deputy City Manaqer Classification RECOMMENDATION: 5.1 Approve the Acting City Manager Employment Agreement; 5.2 Adopt the revised Schedule of Authorized Positions; 5.3 Adopt the classification specification for Deputy City Manager. Little Professor Book Company Request RECOMMENDATION: 6.1 Oppose the acquisition of Ingram Book Companies by Barnes & Noble. Contract Inspection Services Agreement for JAS Pacific, Inc. RECOMMENDATION: 7.1 Approve an Agreement for Consultant Services with JAS Pacific Consulting Services, Inc. in the amount of $64,960 to continue providing building inspection services to the Building and Safety Department; 7.2 Approve an appropriation of $36,960.00 from unreserved fund balance to the Building and Safety budget. R:~Agenda\121598 3 8 Tract Map No. 28553-F ('located south of North General Kearney Road along east side of Mar.clarita Road) RECOMMENDATION: 8.1 Approve Tract Map No. 28553-F in conformance with the Conditions of Approval; 8.2 Approve the Subdivision Improvement Agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. 9 Tract Map No. 28526 (located north of Ranch California Road - east of Mar.qarita Road in the Mar.qarita Villa.qe Specific Plan No. 199) RECOMMENDATION: 9.1 Approve Tract Map No. 28526 in conformance with the Conditions of Approval; 9.2 Approve the Subdivision Improvement Agreement; 9.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. 10 Acceptance of Public Streets into the City-Maintained Street System ('within Tract No. 22915-1 - located at the southeasterly corner of the intersection of Meadows Parkway at Rancho Vista Drive) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 229'15-I ) 11 Acceptance of Public Streets into the City-Maintained Street System ('within Tract Nos. 22916-2 and 22916-F - located at the northeast corner of the intersection of Meadows Parkway at Pauba Road) RECOMMENDATION: 11.1 Adopt a resolution entitled: R:~Agenda\121598 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM {WITHIN TRACT NOS. 22916-2 AND 22916-F) 12 Completion and Acceptance of the Construction Contract for Mar.clarita Road Storm Drain - Project No. PW97-07 RECOMMENDATION: 12.1 File Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 12.2 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. 13 Completion and Acceptance of the Traffic Si.clnal Installation on Pauba Road at Fire Station No. 84 - Project No. PVV97-26 RECOMMENDATION: 13.1 File Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 13.2 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. 14 Consent to Record an Irrevocable Offer of Dedication of Grant Easement for Portion of Lot 539 of Tract No. 3883 RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEM ECULA CONSENTING TO THE RECOP, DATION OF AN IRREVOCABLE OFFER OF DEDICATION OF A GRANT OF EASEMENT FOR DRAINAGE PURPOSES FOR A PORTION OF LOT 539 OF TRACT 3883 FOR PURPOSES OF RECORDATION BUT NOT ACCEPTING THIS DEDICATION AT THIS TIME R:~,genda\121598 5 15 Accept Offer of Grant of Easement for Drainage Purposes in Portion of Lot 539 of Tract No. 3883 [located southerly of the intersection of Calle Madero at North General Kearney Road RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF A GRANT OF EASEMENT FOR DRAINAGE PURPOSES FOR A PORTION OF LOT 539 OF TRACT NO. 3883 16 Approval of Purchase and Sale A.qreements for Acquisition of Real Property for the Ovedand Overpass Project RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND CONNIlE HILL AND DEAN HILL 16.2 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND CONNIE HILL R:~Agenda\121598 6 17 Approval of First Amendment to the Owner Participation A¢lreement between the City of Temecula and International Rectifier Corporation RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER CORPORATION, A DELWARE CORPORATION RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:V~genda\121598 7 TEMECULA COMMUNITY'SERVICES DISTRICT.. MEETING . :.. ..' .... :i:~. . .... :... .:....:!;~:; .....::.:: ·: .......::.~:. ...... ***************yr*****~****w~Yi~.**~;~i`*********************************~**********~***~**~i~***~w~*~ Next in Order: Ordinance: No. CSD 98-01 Resolution: No. CSD 98-20 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Comerchero, Ford, Lindemans, Roberrs, Stone PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Financial Statements for the Three Months Ended September 30, 1998 RECOMMENDATION: 1.1 Receive and file the Financial Statements for the three months ended September 30, 1998. PUBLIC HEARING Any person may submit written comments to the Board of Directors before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. R:~genda\121598 8 Tract Nos, 28553-1 and -2: Proposed Residential Street Li.clhtin.cl Fee (located eastedy of Mar.cladta Road - south of North General Kearney Road) RECOMMENDATION: 2, 1 Adopt a resolution entitled RESOLUTION NO. CSD 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING, AND GIVING NOTICE OF AN ELECTION TO BE HELD ON JANUARY 29, 1999, FOR PROPERTY OWNERS WITHIN TRACT NOS. 28553-1 AND 28553-2 TO ESTABLISH SERVICE LEVEL B RATES AND CHARGES BEGINNING FISCAL YEAR 1999-00 PURSUANT TO ARTICLE XIIID, SECTION 6, OF THE CALIFORNIA CONSTITUTION 2.2 Approve the Election Notice, Ballot, and Procedures for the completion, return, and tabulation of the ballots; 2.3 Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. DISTRICT BUSINESS 3 Appointment of President and Vice President for the Year 1999 RECOMMENDATION: 3.1 Appoint the President who will preside until the end of calendar year 1999 and appoint the Vice President who will assume the duties of the President in the President's absence and will hold this office until the end of calendar year 1999. 4 Environmental Review of the Temecula Valley Hi.qh School Tennis Court Lighting Project RECOMMENDATION: 4.1 Make a finding that the Temecula Valley High School Tennis Court Lighting Project is categorically exempt pursuant to Section 15301 of the CEQA guidelines and authorize staff to proceed with the project. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS R:~Agenda\121598 9 ADJOURNMENT Next regular meeting: January 12, 1999, scheduled to follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\121598 10 TEMECU/AREDEVELOPMENT AGENCY MEETING i '= :' "::=: ': :...... :...:. .::;.. ... . ... ..' .: .:,:.. . · .... . · : ..:.:~:.;..:.... , ~.' . ..:.!:: :.. Next in Order: Ordinance: No. RDA 98-01 Resolution: No. RDA 98-14 CALL TO ORDER: Chairperson Karel Lindemans presiding ROLL CALL AGENCY MEMBERS: Comerchero, Ford, Roberrs, Stone, Lindemans PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Financial Statements for the Three Months Ended September 30, 1998 RECOMMENDATION: 1.1 Receive and file the Financial Statements for the three months ended September 30, 1998. 2 Approval of First Amendment to the Owner Participation Agreement between the City of Temecula and International Rectifier Corporation RECOMMENDATION: 2.1 Adopt a resolution entitled: R:~,genda\121598 11 RESOLUTION NO. RDA 98- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER CORPORATION, A DELAWARE CORPORATION AGENCY BUSINESS 3 Appointment of Chairperson and Vice Chairperson for the Year 1999 RECOMMENDATION: 3.1 Appoint the Chairperson who will preside until the end of calendar year 1999 and appoint the Vice Chairperson who will assume the duties of the Chairperson in the Chairperson's absence and will hold this office until the end of calendar year 1999. DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: January 12, 1999, scheduled to follow the Community Services Distdct Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, Califomia. R:~,genda\121598 12 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS 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 hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 18 Front Street Name Chan~e to Old Town Front Street from Hi .qhwav 79S northerly u13 to Rancho California Road RECOMMENDATION: 18.1 Consider changing the name of Front Street to Old Town Front Street from Highway 79S to Rancho California Road; 18.2 If approved, adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF FRONT STREET TO OLD TOWN FRONT STREET FROM HIGHWAY 79 SOUTH TO RANCHO CALIFORNIA ROAD 18.3 Consider approving freeway signage and provide direction for the installation of signage for Old Town Temecula; 18.4 Appropriate General Fund Reserves as necessary. 19 Front Street Name Chan.cle to Jefferson Avenue from Rancho California Road northerly ul~ to Via Montezuma RECOMMENDATION: 19.1 Consider changing the name of Front Street to Jefferson Avenue from Via Montezuma to Rancho California Road; 19.2 If approved, adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF FRONT STREET TO JEFFERSON AVENUE FROM VIA MONTEZUMA TO RANCHO CALIFORNIA ROAD R:~Agenda\121598 13 COUNCIL BUSINESS 20 Appointment of Mayor and Mayor Pro Tem for the Year 1999 RECOMMENDATION: 20.1 Appoint the Mayor who will preside until the end of calendar year 1999 and appoint the Mayor Pro Tem who will assume the duties of the Mayor in the Mayors absence and will hold this office until the end of calendar year 1999. 21 Award of Construction Contract for the Overland Ddve Overcrossing at Interstate Route 15 - Project No. PW95-11 RECOMMENDATION: 21.1 Receive an oral report on the bids received December 10, 1998; 21.2 Award a construction contract for the Overland Drive Overcrossing at Interstate Route 15 subject to approval by Caltrans as recommended and authorize the Mayor to execute the contract; 21.3 Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of 10% of the contract amount. 22 Consideration of Sponsorship Requests RECOMMENDATION: 22.1 Consider the sponsorship request for Temecula Rod Run; 22.2 Consider the sponsorship request for Frontier Days Rodeo; 22.3 Consider the sponsorship request for Temecula Valley Balloon and Wine Festival. 23 Redhawk/Vail Ranch Annexation RECOMMENDATION: 23.1 Oral report from staff on status of annexation proposal. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: January 12, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California. R:~,genda\121598 14 PROCLAMATIONS./ PRESENTATIONS The City of Temecula Special Achievement Award The City Council of the City of Temecula commends the outstanding achievement of Brandon Knight and joins with Boy Scout Troop 624 in congratulating him for attaining Scouting's highest rank, Eagle Scout IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 15th day of December, 1998. Ron Roberts, Mayor jMC, City Clerk ITEM 1 ITEM 2 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $1,920,022.56. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 15th day of December, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] Resos 98- 1 STATE Of CALIFORNIA) COUNTY OF RIVERSIDE) ss CItY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 98- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 15th day of December, 1998 by the following roll call vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk Resos 98- 2 CITY OF TEMECULA LIST OF DEMANDS 12/03/98 TOTAL CHECK RUN: 12/15/98 TOTAL CHECK RUN: TOTAL LIST OF DEMANDS FOR 17J15/98 COUNCIL MEET,~ .Q DISBURSEMENTS BY FUND: 1,846,976.02 73,046.54 $ 1,920,022.56 CHECKS: 001 GENERAL 165 RDA-LOW/MOD 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ (CIP) 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 161.146.35 13,628.23 54,065.27 1,205.96 32.18 30,820.66 104.65 781,021.75 856,112.12 14,583.63 3,509.89 1,401.42 2,390.24 1,920,022.56 PREPARED BY THERESA ALVAREZ GENIE ROBERTS, DIRECTOR OF FINANCE RONALD E. BRADLEY, CITY MANAGER , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. R:~N,VAREZ'I~,OD~,ODNOPR .WB2 CITY OF TEMECULA LIST OF DEMANDS 12/03/98 TOTAL CHECK RUN: 12/15/98 TOTAL CHECK RUN: TOTAL LIST OF DEMANDS FOR 12/15198 COUNCIL MEETING: 1,846,976.02 73,046.54 $ 1,920,022.56 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL 165 RDA-LOWRvIOD 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ (CIP) 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 161,146.35 13,628.23 54,065.27 1,205.96 32.18 30,820.66 104.86 781,021.75 856,112.12 14,583.63 3,509.89 1,401.42 2,390.24 $ ._ 1,920,022.56 RONALD E. BRADLEY, CITY MANAGER . R:~ALVAREZ'~LOD~LODNOPRWB2 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 12/03/98 14:44 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LO~/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL 0 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPRENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 121,373.01 10,859.45 46,720.60 1,205.96 32.18 30,820.66 104.86 773,024.58 855,430.4] 102.74 3,509.89 1,401.42 2,390.24 TOTAL 1,846,976.02 VOUCHRE2 12/03/98 VOUCHER/ CHECK NUMBER 52898 52899 52900 52903 52903 52904 52904 52905 52906 52906 52906 52906 52906 52906 52906 52907 52908 52909 52910 52911 52912 52913 52914 52915 52916 52917 52917 52918 52919 52919 52920 14:44 CHECK DATE 11/30/98 11/30/98 11/30/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 VENDOR NUMBER 003494 000411 002819 002410 002410 001281 001281 003520 003285 003285 003285 003285 003285 003285 003285 000101 000622 003403 003466 002377 002377 002377 002377 002377 002871 003502 003502 002878 003494 003494 003349 VENDOR NAME C C N PRODUCTIONS RIVERSIDE CO. FLOOD CON GARWIN & CHAN ASSOCIATE A WOMAN'S TOUCH BUILDIN A WOMAN'S TOUCH BUILDIN ALHAMBRA GROUP ALHAMBRA GROUP AMERICAN SOCIETY OF COM AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV APPLE ONE, INC. BANTA ELECTRIC-REFRIGER BARGAIN BULLETIN BASKET & BALLOONS BEST BUY COMPANY, INC. BEST BUY COMPANY, INC. BEST BUY COMPANY, INC. BEST BUY COMPANY, INC. BEST BUY COMPANY, INC. BOYKIN, EDWARD W. BUILDING INDUSTRY ASSOC BUILDING INDUSTRY ASSOC BUSINESS INFORMATION SY C C N PRODUCTIONS C C N PRODUCTIONS CAROUSEL FARM & CARRIAG CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION DEPOSIT:VIDEO PROD.FOR PARADE PERMIT:SANTA GERT. TRAIL PRJCT TAPE STOCK FOR HOLIDAY VIDEO NOV JANITORIAL SRVCS-PARKS NOV JANITORIAL SRVCS-PARKS DESIGN SERVICES-MARGARITA PARK LDSC ARCHITECT SRVCS-DUCK POND ANNUAL AGREEMENT:ENTERTAINMENT UNIFORMS FOR TCSD MAINTENANCE FLR.MATS/TOWEL RNTL.@ SR.CTR. FLR.MATS/TOWEL RNTL.@ CRC FLR.MATS/TOWEL RNTL.@ TCC FLR.MATS/TOWEL RNTL.@ CTY.HALL FLR.MATS/TOWEL RNTL.@MTNC.FAC. UNIFORMS FOR PW MAINT TEMP HELP (2)W/E 11/14 WILLIAM ELECTRICAL SERVICES - PARKS ADVERTISING OLD TOWN PROMO MISC MARKETING SUPPLIES COMPUTER LOAN PRGM:B.WEDEKING COMPUTER LOAN PRGM:D.VILLA COMPUTER LOAN PRGM:J.BALLANCE COMPUTER LOAN PRGM:K.SYERS COMPUTER LOAN PRGM:T.ALVAREZ MISC ELECTRONIC EQUIP A/V CONST SEM:12/8 WOLFF/HODSON CONST SEM:12/8 WOLFF/HODSON ON-SITE COMPUTER TRAINING AUDIO OPERATOR FOR PARADE PRODUCTION:PARADE VIDEO TROLLEY SERVICES IN O.T. ACCOUNT NUMBER 190-180-999-5250 210-190-147-5802 190-180-999-5250 190-180-999-5250 001-164-603-5250 210-190-119-5802 210-190-143-5802 280-199-999-5362 190-180-999-5243 190-181-999-5250 190-182-999-5250 190-184-999-5250 340-199-701-5250 340-199-702-5250 001-164-601-5243 280-199-999-5118 190-180-999-5212 280-199-999-5362 001-111-999-5270 001-1175 001-1175 001-1175 001-1175 001-1175 320-199-999-5242 001-163-999-5261 001-165-999-5261 320-199-999-5261 190-180-999-5250 190-180-999-5250 280-199-999-5362 ITEM AMOUNT 843.75 500.00 260.66 1,722.00 211.00 750.00 200.00 1,077.60 79.50 46.20 209.90 65.40 104.25 42.75 297.87 593.40 95.00 600.00 25.00 2,000.00 1,67'3.05 1,885.60 1,813.99 1,646.99 465.00 55.00 55.00 600.00 175.00 2~531.25 540.00 PAGE 1 CHECK AMOUNT 843.75 500.00 260.66 1,933.00 950.00 1,077.60 845.87 593.40 95.00 600.00 25.00 2,000.00 1,673.05 1,885.60 1,813.99 1,646.99 465.00 110.00 600.00 2,706.25 VOUCHRE2 12/03/98 VOUCHER/ CHECK NUMBER 52920 52921 52921 52921 52922 52923 52924 52925 52926 52926 52926 52926 52926 52926 52926 52927 52928 52928 52929 52929 52929 52929 52929 52930 52931 52932 52933 52934 52935 52936 52937 52938 14:44 CHECK DATE 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 1~/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 VENDOR NUMBER 003349 002534 002534 002534 001195 003047 001193 002147 002147 002147 002147 002147 002147 002147 000442 000447 000447 003252 003252 003252 003252 003252 003059 003059 003059 003059 003059 003315 003272 003383 003511 VENDOR NAME CAROUSEL FARM & CARRIAG CATERERS CAFE, THE CATERERS CAFE, THE CATERERS CAFE, THE CENTRAL SECURITY SERVIC CHAPARRAL HIGH SCHOOL CHEVRON PRODUCTS COMP USA, INC. COMPLIMENTS COMPLIMENTS COMPLIMENTS COMPLIMENTS COMPLIMENTS COMPLIMENTS COMPLIMENTS COMPLAINTS COMPLAINTS COMPLAINTS COMPLAINTS COMPLAINTS COMPLAINTS COMPLAINTS COMPUTER ALERT SYSTEMS COMTRONIX OF HEMET COMTRONIX OF HEMET CONTRACT SERVICES CORP. CONTRACT SERVICES CORP. CONTRACT SERVICES CORP. CONTRACT SERVICES CORP. CONTRACT SERVICES CORP. COSTCO COMPANIES, INC COSTCO COMPANIES, INC COSTCO COMPANIES, INC COSTCO COMPANIES, INC COSTCO COMPANIES, INC COUNTRY REVIEW, THE DAISY WHEEL RIBBON COHP DEAMER APPLIANCE SERVIC DELL COMPUTER CORPORATI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TROLLEY SERVICES IN O.T. CIRCULATION ELEMENT MTG 11/2 COMM DEV TECH TEAM BLDG 11/5 PLANNING MEETING 11/9 ALARM MONITORING-SENIOR CENTER PARTICIPATION IN X-MAS PARADE REFUND:OVRPMT PERMIT B98-2314 COMPUTER LOAN PRGM:H.PARKER RENTAL:SANTA/DICKENS SUIT O.T. RENTAL:SANTA/DICKENS SUIT O.T. DEPOSIT:O.T. HOLIDAY PROMOS PERFORMANCES-DICKENS OF XMAS DEPOSIT:O.T. FESTIVITIES SANTA FOR HOLIDAY FESTIVITIES DEPOSIT:PERFORMANCES IN O.T, ACCOUNT NUMBER 280-199-999-5362 001-161-999-5260 001-161-999-5260 001-161-999-5260 190-181-999-5250 190-183-999-5370 001-2660 001-1175 280-199-999-5362 280-199-999-5362 280-199-999-5362 280-199-999-5362 280-199-999-5362 280-199-999-5362 280-199-999-5362 BATTERY:ELECTRONIC CARD ACCESS '340-199-701-5212 HAND HELD RADIO BATTERIES SALES TAX JANITORIAL PRODUCTS- CRC JANITORIAL PRODUCTS - TCC JANITORIAL PRODUCTS -CITY HALL JANITORIAL PRODUCTS-SR CENTER JANITORIAL PRODUCTS -CITY HALL COMPUTER LOAN PRGM:C.DAVIS COMPUTER LOAN PRGM:I.ROGERS COMPUTER LOAN PRGM:J.ROBINSON COMPUTER LOAN PRGM:M.COHEE COMPUTER LOAN PRGM:Z.SMITH OLD TOWN HOLIDAY ADVERTISING PAPER FOR GIS PLOTTER ICE MACHINE SRVC-FIRE ST #84 COMPUTER LOAN PRGM:T.CORDER 001-162-999-5242 001-162-999-5242 190-182-999-5212 190-184-999-5212 340-199-701-5212 190-181-999-5212 340-199-701-5212 001-1175 001-1175 001-1175 001-1175 001-1175 280-199-999-5362 001-161-610-5220 001-171-999-5242 001-1175 ITEM AMOUNT 330.00 115.72 43.79 43.79 45.00 300.00 79.91 1,629.96 80.81 107.75 750.00 250.00 800.00 200.00 600.00 59.26 300.00 23.25 43.75 21.87 60.90 21.87 4.72 1,616.24 1,348.93 1,712.13 1,853.27 2,000.00 235.00 776.16 300.97 1,891.00 PAGE 2 CHECK AMOUNT 870.00 203.30 45.00 300.00 79.91 1,629.96 2,788.56 59.26 323.25 153.11 1,616.24 1,348.93 1,712.13 1,853.27 2,000.00 235.00 776.16 300.97 1,891.00 VOUCHRE2 12/03/98 14:44 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 52939 12/03/98 003006 52940 12/03/98 VENDOR NAME DEWITT CUSTOM PAINTING DIEDERICH, ELLEN 52941 12/03/98 001380 E S 52941 12/03/98 001380 E S 52941 12/03/98 001380 E S 52941 12/03/98 001380 E S 52941 12/03/98 001380 E S 52941 12/03/98 001380 E S 52941 12/03/98 001380 E S 52941 12/03/98 001380 E S 52941 12/03/98 001380 E S 52941 12/03/98 001380 E S EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERV[C EMPLOYMENT SERVIC EMPLOYMENT SERVIC 52942 12/03/98 003036 EKDAHL, DEAN ~LDEN 52942 12/03/98 003036 EKDAHL, DEAN ALDEN 52943 12/03/98 003512 52944 12/03/98 002060 ELECTRONIC COMPUTER SYS EUROPEAN DELl & CATERIN 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52945 12/03/98 001056 EXCEL LANDSCAPE 52946 12/03/98 000478 FAST SIGNS 52947 12/03/98 002832 FENCE BUILDERS 52947 12/03/98 002832 FENCE BUILDERS 52947 12/03/98 002832 FENCE BUILDERS 52948 12/03/98 000166 FIRST AMERICAN TITLE CO ITEM DESCRIPTION RES IMPROV.PRGM:ROMBAL REFUND:AROMATHERAPY TEMP HELP (2)W/E 11/6 WILLIAMS TEMP HELP (2)W/E 11/6 WILLIAMS TEMP HELP (2)W/E 11/6 DONAHOE TEMP HELP (2)W/E 11/6 YONKER TEMP HELP (2)W/E 11/06 MYERS TEMP HELP (2)W/E 11/6 DEGANGE TEMP HELP (2)W/E 11/6 HILLBERG TEMP HELP (2)W/E 11/20 SERVEN TEMP HELP (2)W/E 11/20 SERVEN TEMP HELP (2)W/E 11/20 SERVEN CITY PROMOTIONAL PHOTOS CITY PROMOTIONAL PHOTOS COMPUTER LOAN PRGM:H.BAHA REFRESHMENTS COUNCIL MEETING OCT LDSC MAINT -SLOPES OCT LDSC MAINT-SLOPES OCT LDSC SRVCS-MEDIANS OCT LDSC MAINT -SPORTS PARK OCT LDSC MAINT-SENIOR CENTER OCT LDSC MAINT-CRC OCT LDSC MAINT-TCC OCT LDSC MAINT-CITY HALL OCT LDSC MAINT-O.T. PARKING OCT LDSC MAINT-FIRE ST #84 LDSC IMPROV. VAR. LOCATIONS LDSC IMPROV. VAR. LOCATIONS NORTH SLOPES-IRRIGATION REPAIR VARIOUS PARK SITES-IRRIGATION VARIOUS PARK SITES-IRRIGATION VEHICLE LETTERING-POLICE DEPT LDSC IMPROV. CORTE TALVERA LDSC IMPROV. SANTA GERTRUDIS RES IMPROV.PRGM:TINSLEY LOT BOOK REPORT: MAIN ST ACCOUNT NUMBER 165-199-813-5804 190-183-4982 001-162-999-5118 001-161-999-5118 001-161-999-5118 001-140-999-5118 001-171-999-5118 001-161-999-5118 165-199-999-5118 190-180-999-5118 193-180-999-5118 001-164-603-5118 280-199-999-5250 165-199-999-5250 001-1175 001-100-999-5260 193-180-999-5415 193-180-999-5415 191-180-999-5415 190-180-999-5415 190-181-999-5415 190-182-999-5415 190-184-999-5415 340-199-701-5415 001-164-603-5415 001-171-999-5212 190-180-999-5212 190-180-999-5212 193-180-999-5212 190-180-999-5212 190-180-999-5212 001-170-999-5244 193-180-999-5212 190-180-999-5212 165-199-813-5804 280-199-813-5804 ITEM AMOUNT 900.00 15.00 544.50 544.50 374.60 1,238.40 1,891.80 2,786.94 1,708.80 364.26 728.52 364.26 220.00 115.00 1,211.11 127.94 8,813.00 13,375.00 1,150.00 18,578.00 361.00 1,444.00 193.00 541.00 250.00 400.00 137.50 71.50 100.18 29.68 302.57 53.06 785.00 200.00 2,998.00 150.00 CHECK AMOUNT 900.00 15.00 10,546.58 335.00 1,211.11 127.94 45,746.43 53.06 3,983.00 150.00 52949 12/03/98 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT PHYSICALS 001-150-999-5250 170.00 170.00 52950 12/03/98 003240 52950 12/03/98 003240 52950 12/03/98 003240 FOREST CITY DEVELOPMENT FOREST CITY DEVELOPMENT FOREST CITY DEVELOPMENT STORM DRAIN REIMBURSEMENT DESIGN OF REGIONAL STORM DRAIN CONSTRUCTION OF REGIONAL STORM 210-165-696-5801 210-165-696-5802 210-165-696-5804 22,585.24 19,900.00 431,804.70 474,289.94 VOUCHRE2 12/03/98 14:44 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 52951 52951 52951 52951 52952 52952 52952 52953 52953 52954 52955 52955 52956 52956 52957 52958 52959 52959 52960 52961 52962 52963 52963 52964 52964 52964 52964 52964 52964 52964 52964 52964 52964 52964 52964 52964 52964 52964 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 001989 001989 001989 001989 000170 000170 000170 000795 000795 000184 002416 002416 000351 000351 002528 002174 003481 003481 001517 000190 000796 000796 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 FOX NETWORK SYSTEMS, IN FOX NETWORK SYSTEMS, IN FOX NETWORK SYSTEMS, IN FOX NETWORK SYSTEMS, IN FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, FRED PRYOR SEMINARS FRED PRYOR SEMINARS G T E CALIFORNIA - PAYM GENESIS CONSTRUCTION GENESIS CONSTRUCTION GILLISS, MAX C.M. GILLISS, MAX C.M. GLASS BLASTERS GROUP 1 PRODUCTIONS H E WEST H E WEST HEALTH & HUMAN RESOURCE HENZ, JACK HOME BASE ICBO ICBO INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) REMOTE CONSOLE CARD INTERFACE CABLE FREIGHT SALES TAX DAY PLANNER BINDERS & REFILLS DAY PLANNER BINDERS & REFILLS DAY PLANNER BINDERS & REFILLS SUPERVISE SEM:1-14 M.W/S.H/J.A SUPERVISE SEM:1-14 M.W/S.H/J.A 909-699-7945 NOV CRC F.ALARM PRGSS PMT #1-MARG STORM DRAIN RETENTION W/H PMT #1:STORM DR. NOV CONSULTING SERVICES NOV CONSULTING SERVICES CITY SEAL MUGS FOR NEW HIRES PHOTOGRAPHY WESTERN DAYS O.T. RESIDENTIAL APPRAISALS RESIDENTIAL APPRAISALS EMPLOYEE ASSISTANCE PROGRAM REFUND:SECURITY DEPOSIT RES IMPROV.PRGM:R.ROBERTS FIRE PREV SEM:ALBANESE 2/9-12 FIRE PREV SEM:WINDSOR 2/9-12 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 320-199-999-5242 320-199-999-5242 320-199-999-5242 320-199-999-5242 001-162-999-5220 001-161-999-5220 001-161-999-5220 001-163-999-5261 001-165-999-5261 320-199-999-5208 210-165-681-5804 210-2035 001-110-999-5248 001-164-604-5248 001-150-999-5265 280-199-999-5362 165-199-999-5250 165-199-999-5250 001-150-999-5248 190-2900 165-199-813-5804 001-171-999-5261 001-171-999-5261 001-2070 165-2070 190-2070 280-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 386.50 169.00 27.20 43.05 227.19 224.28 59.26 149.00 585.00 55.75 308,597.00 30,859.70- 500.00 500.00 15.09 219.00 300.00 300.00 383.40 100.00 2,599.96 275.00 275.00 38.15 3.45 46.08 2.96 2.67 3.83 5.03 4,621.46 131.86 745.08 1.53 3.66 75.18 10.55 55.37 625.75 510.7'3 734.00 55.75 277,737.30 1,000.00 15.09 219.00 600.00 383.40 100.00 2,599.96 550.00 VOUCHRE2 12/03/98 14:44 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR ITEM ACCOUNT ITEM NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 52964 12/03/98 000444 52964 12/03/98 000444 52964 12/03/98 000444 52964 12/03/98 000444 INSTATAX (EDD) 000444 STATE 300-2070 21.23 INSTATAX (EDD) 000444 STATE 320-2070 159.58 INSTATAX (EDD) 000444 STATE 330-2070 28.69 INSTATAX (EDD) 000444 STATE 340-2070 168.73 6,125.09 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 52965 12/03/98 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 17,876.92 INSTATAX (IRS) 000283 FEDERAL 165-2070 387.04 NSTATAX (IRS) 000283 FEDERAL 190-2070 3,378.35 NSTATAX (IRS) 000283 FEDERAL 191-2070 8.78 NSTATAX (IRS) 000283 FEDERAL 192-2070 22.30 NSTATAX (IRS) 000283 FEDERAL 193-2070 366.72 NSTATAX (IRS) 000283 FEDERAL 194-2070 73.54 NSTATAX (IRS) 000283 FEDERAL 280-2070 159.17 NSTATAX (IRS) 000283 FEDERAL 300-2070 54.86 NSTATAX (IRS) 000283 FEDERAL 320-2070 654.98 NSTATAX (IRS) 000283 FEDERAL 330-2070 151.68 NSTATAX (IRS) 000283 FEDERAL 340-2070 732.69 NSTATAX (IRS) 000283 MEDICARE 001-2070 4,320.80 NSTATAX (IRS) 000283 MEDICARE 165-2070 115.34 NSTATAX (IRS) 000283 MEDICARE 190-2070 980.91 NSTATAX (IRS) 000283 MEDICARE 191-2070 2.45 NSTATAX (IRS) 000283 MEDICARE 192-2070 6.22 NSTATAX (IRS) 000283 MEDICARE 193-2070 85.52 NSTATAX (IRS) 000283 MEDICARE 194-2070 20.77 NSTATAX (IRS) 000283 MEDICARE 280-2070 61.78 NSTATAX (IRS) 000283 MEDICARE 300-2070 26.65 NSTATAX (IRS) 000283 MEDICARE 320-2070 147.36 NSTATAX (IRS) 000283 MEDICARE 330-2070 52.30 NSTATAX (IRS) 000283 MEDICARE 340-2070 160.63 29,847.76 52966 12/03/98 001407 INTER VALLEY POOL SUPPL MISC POOL SUPPLIES - CRC 190-182-999-5212 177.79 177.79 52967 12/03/98 002695 J A S PACIFIC CONSULTIN PLAN CHECKING SVCS 001-162-999-5248 404.30 52967 12/03/98 002695 J A S PACIFIC CONSULTIN PLAN CHECKING SVCS 001-162-999-5248 98.28 52967 12/03/98 002695 J A S PACIFIC CONSULTIN PLAN CHECKING SVCS 001-162-999-5248 811.60 52967 12/03/98 002695 J A S PACIFIC CONSULTIN PLAN CHECKING SVCS 001-162-999-5248 694.69 2,008.87 52968 12/03/98 001894 JOHNSON FENCE COMPANY REPLACE FENCE:DESILTING POND 190-180-999-5416 2,540.00 2,540.00 52969 12/03/98 003181 JON EDWARDS & ASSOCIATE PHOTOS:"PRELUDE TO THE MALL" 001-111-999-5270 162.38 162.38 52970 12/03/98 003280 JON LASKIN BAND ENTERTAINMENT-LIVE AUCTION 280-199-999-5362 200.00 200.00 52971 12/03/98 000206 KINKO'S, INC. STATIONERY PAPER/MISC SUPPLIES 330-199-999-5220 95.03 52971 1~/03/98 000206 KINKO'S, INC. STATIONERY PAPER/MISC SUPPLIES 190-180-999-5222 34.05 129.08 52972 12/03/98 003054 LYNDE-ORDWAY PAPER FOLDER PARTS 330-199-999-5217 9.50 52972 12/03/98 003054 LYNDE-ORDWAY PAPER PUNCH DRILL BIT 330-199-999-5217 23.50 52972 12/03/98 003054 LYNDE-ORDWAY PAPER PUNCH DRILL BLOCKS 330-199-999-5217 11.80 52972 12/03/98 003054 LYNDE-ORD~AY FREIGHT 330-199-999-5217 5.00 52972 12/03/98 003054 LYNDE-ORD~AY SALES TAX 330~199-999-5217 3.47 53.27 VOUCHRE2 CITY OF TEMECULA 12/03/98 14:44 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 52973 12/03/98 003364 MACKENZIE LANDSCAPE REPLACE CONTROLLERS-V.HILLS 193-180-999-5212 52973 12/03/98 003364 MACKENZIE LANDSCAPE REPLACE CONTROLLERS-V.HILLS 193-180-999-5212 52974 12/03/98 001967 MANPOWER TEMPORARY SERV TEMP HELP (2)W/E 11/08 BELIAN 001-162-999-5118 52974 12/03/98 001967 MANPOWER TEMPORARY SERV TEMP HELP (2)W/E 11/08 BELIAN 001-162-999-5118 52975 12/03/98 003464 MARITZ PAINTING & DRYWA RES.IMPROVE.PRGM:K.SCHUH 165-199-813-5804 52976 12/03/98 MATIELLA, MAJOR REFUND: SECURITY DEPOSIT 190-2900 52977 12/03/98 003448 MELODYS AD WORKS O.T. HOLIDAY PROMOTIONS 280-199-999-5362 52977 12/03/98 003448 MELODYS AD WORKS REIMBURSE:FED EX COSTS:O.T.ADS 280-199-999-5362 52978 12/03/98 MEYERS, BRYAN REFUND:SECURITY DEPOSIT 190-183-4990 52979 12/03/98 001384 MINUTEMAN PRESS STATIONARY & PRINTING SERVS 001-162-999-5222 52980 12/03/98 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-170-999-5262 52980 12/03/98 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-161-999-5263 52980 12/03/98 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-164-601-5263 52980 12/03/98 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 190-180-999-5263 530.00 1,566.00 717.89 129.64 1,300.00 100.00 1,500.00 53.75 100.00 83.72 149.98 33.69 10.59 26.27 2,096.00 847.53 1,300.00 100.00 1,553.75 100.00 83.72 220.53 52981 12/03/98 000883 MONTELEONE EXCAVATING DE-SILTING PONDS:J.WARNER RD. 001-164-601-5401 52981 12/03/98 000883 MONTELEONE EXCAVATING DE-SILTING PONDS:SANTIAGO RD 001-164-601-5401 52982 12/03/98 001339 MORTON INTERNATIONAL, I PAINT/MISC SUPPLIES FOR ROADS 001-164-601-5218 52983 12/03/98 003039 MURRIETA VALLEY HIGH SC PARTICIPATION IN X-MAS PARADE 190-183-999-5370 4,935.00 4,875.00 2,006.85 300.00 9,810.00 2,006.85 300.00 52984 12/03/98 002037 NEXUS INTEGRATED SOLUTI TELEPHONE MAINT & REPAIRS 320-199-999-5215 48.00 48.00 52985 12/03/98 002105 OLD TOWN TiRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 52985 12/03/98 002105 OLD TOWN TIRE & SERVICE VEHICLE REPAIR & MAINTENANCE 190-180-999-5214 52985 12/03/98 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 52985 12/03/98 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 52985 12/03/98 002105 OLD TOWN TIRE & SERVICE VEHICLE REPAIR & MAINTENANCE 190-180-999-5214 52985 12/03/98 002105 OLD TOWN TIRE & SERVICE VEHICLE REPAIR & MAINTENANCE 190-180-999-5214 52986 12/03/98 003514 P C WARE INC COMPUTER LOAN PRGM:H.BAHA 001-1175 100.39 238.81 106.73 685.85 30.00 15.95 386.82 1,177.73 386.82 52987 12/03/98 003021 52987 12/03/98 003021 52987 12/03/98 003021 52987 12/03/98 003021 52987 12/03/98 003021 52987 12/03/98 003021 52987 12/03/98 003021 52987 12/03/98 003021 52987 12/03/98 003021 52987 12/03/98 003021 52987 12/03/98 003021 PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES 320-199-999-5208 001-162-999-5208 001-161-999-5208 001-150-999-5208 001-100-999-5208 001-110-999-5208 001-140-999-5208 190-180-999-5208 001-120-999-5208 320-199-999-5208 001-163-999-5208 21.55 555.71 128.94 61.74 365.76 183.13 97.08 524.58 66.50 127.58 253.41 VOUCHRE2 12/03/98 VOUCHER/ CHECK NUMBER 52987 52987 52987 52987 52988 52989 52990 52991 52992 52993 52994 52995 52995 52996 52996 52996 52996 52996 52996 52996 52996 52997 52998 52999 52999 53000 53001 53001 53001 53001 53002 53002 53002 53002 53002 14:44 CHECK DATE 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 VENDOR NUMBER 003021 003021 003021 003021 003510 003516 003516 003516 003516 003509 002861 002185 002185 000254 000254 000254 000254 000254 000254 000254 000254 003386 002012 000981 000981 000260 000260 000260 000260 000262 000262 000262 000262 000262 VENDOR NAME PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PALOMA VALLEY HIGH SCHO PC SAVER COMPUTERS PC SAVER COMPUTERS PC SAVER COMPUTERS PC SAVER COMPUTERS PERRIS HIGH SCHOOL BAND PETSMART POSTMASTER - TEMECULA POSTMASTER - TEMECULA PRESS-ENTERPRISE COHPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PUBLIC MANAGEMENT ASSOC R D 0 EQUIPMENT CO. R H F INC. R H F INC. RAINBOW CANYON VILLAGES RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES NOV CELLULAR PHONE SERVICES PARTICIPATION IN X-MAS PARADE COMPUTER LOAN PRGM:A.ADAMS COMPUTER LOAN PRGM:D.UBNOSKE COMPUTER LOAN PRGM:G.YATES COMPUTER LOAN PRGM:J.ALEGRIA PARTICIPATION IN X-MAS PARADE FOOD & SUPPLY FOR POLICE K-9 P.O. BOX FEE:12/01/98-12/01/99 P.O. BOX FEE:12/01/98-12/01/99 PUBLIC NOTICE:PA97-0370 PUBLIC NOTICE:PA98-0219 PUBLIC NOTICE:PA98-0442 PUBLIC NOTICE:PA98-0397 PUBLIC NOTICE:PA98-0323 PUBLIC NOTICE:PA98-0413 PUBLIC NOTICES:IO.20.060 PUBLIC NOTICE:PA98-0425 SURVEY SRVCS-LIBRARY PROJECT MISC HARDWARE SUPPLIES MAINTENANCE OF RADAR EQUIPMENT MAINTENANCE OF RADAR EQUIPMENT REFUND: SECURITY DEPOSIT NAME BADGES FOR CITY COUNCIL NAME BADGES FOR PLANNING COMM. SALES TAX SALES TAX 01-99-02003-O:FLOATING METER 02-79-10100-1:DIAZ RD VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS ACCOUNT NUMBER 001-164-601-5208 001-164-604-5208 001-165-999-5208 280-1990 190-183-999-5370 001-1175 001-1175 001-1175 001-1175 190-183-999-5370 001-170-999-5327 001-170-999-5230 001-1990 001-161-o99-5256 001-161-999-5256 001-161-999-5256 001-161-999-5256 001-161-999-5256 001-161-999-5256 001-120-999-5256 001-161-999-5256 210-199-129-5802 001-164-601-5214 001-170-999-5215 001-170-999-5215 190-2900 001-100-999-5222 001-161-999-5222 001-100-999-5222 001-161-999-5222 001-164-601-5250 190-180-999-5240 190-180-999-5240 191-180-999-5240 193-180-999-5240 ITEM AMOUNT 114.39 200.01 58.56 105.12 300.00 2,000.00 2,000.00 2,000.00 2,000.00 300.00 201.35 43.54 128.46 18.75 22.00 17.75 18.50 18.75 17.00 6.75 19.00 2,833.33 634.10 55.00 55.32 100.00 27.00 22.50 2.09 1.75 260.76 57.07 1,089.19 34.75 4,395.54 PAGE 7 CHECK AMOUNT 2,864.06 300.00 2,000.00 2,000.00 2,000.00 2,000.00 300.00 201.35 172.00 138.50 2,833.33 634.10 110.32 100.00 53.34 5,837.31 VOUCHRE2 12/03/98 14:44 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 53003 53003 53004 53005 53006 53007 53007 53007 53008 53009 53010 53010 53010 53010 53010 53010 53011 53011 53012 53013 53013 53014 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 000907 000907 003503 003504 000266 000266 000266 000352 000418 002181 002181 002181 002181 002181 002181 002226 002743 002743 003506 RANCHO CAR WASH RANCHO CAR WASH RAPID FORMS RESORT VENTURES L.P. REYNOLDS, VIRGINIA RIGHTWAY RIGHTWAY RIGHTWAY RIVERSIDE CO. ASSESSOR RIVERSIDE CO. CLERK & R RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION ROSE, JOHN ROSE, JOHN RUSSO, MARY ANNE SAFE & SECURE LOCKSMITH SAFE & SECURE LOCKSMITH SHIVELA MIDDLE SCHOOL B CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING & GAS MISC PAPER/SUPPLIES OVERPAYMENT OF BUS. LICENSE REIMB:OLD TOWN MERCHANTS PROMO SANITATION RENTAL:P.S.EXPO SALES TAX DEC TRAILER RENTAL:OLD TOWN COPIES:ASSESSORS MAPS APERTURE CARDS DUPLICATES SEP PROG PMT:WINCHESTER/I-15 RETENTION W/H PMT:WINCH,/I-15 OCT PROG PMT:WINCHESTER/I-15 RETENTION W/H PMT:WINCH./I-15 CREDIT:RETENTION:INV#980908 RETENTION PMT FROM CM-980908 REFUND: SECURITY DEPOSIT FACILITY ROOM RENTAL TCSD INSTRUCTOR EARNINGS LOCKSMITH SVCS.-VARIOUS PARKS LOCKSMITH SVCS.-VARIOUS PARKS PARTICIPATION IN X-MAS PARADE 001-162-999-5214 190-180-999-5214 001-162-999-5220 001-199-4056 280-199-999-5362 001-110-999-5278 001-110-999-5278 280-199-999-5362 190-180-999-5220 001-163-999-5220 280-199-602-5804 280-2035 280-199-602-5804 280-2035 280-199-602-5804 280-2035 190-2900 190-183-4990 190-183-999-5330 190-180-999-5212 190-180-999-5212 190-183-999-5370 49.00 33.00 55.44 20.00 155.19 631.00 7.75 25.00 9.50 6.50 916.30 45.82- 916.30 45.82- 824.66- 41.23 100.00 50.00- 679.00 45.00 45.00 200.00 82.00 55.44 20.00 155.19 663.75 9.50 6.50 957.53 50.00 679.00 90.00 200.00 53015 53015 53015 53015 53015 53016 53017 53017 53017 53017 53017 53017 53017 53017 12/03/98 1!/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 000645 000645 000645 000645 000645 003475 000537 000537 000537 000537 000537 000537 000537 000537 SMART & FINAL, INC. SMART & FINAL, INC. SMART & FINAL, INC. SMART & FINAL, INC. SMART & FINAL, INC. SOIL & PLANT LABORATORY SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SUPPLIES:O.T.TREE LIGHTING SUPPLIES:O.T.TREE LIGHTING SUPPLIES FOR CITY MGR MTGS SUPPLIES FOR RECREATION REFRESHMENTS FOR O.T.MEETING SOIL EVAL/REPORT:SPORTS PARK 2-11-007-0455:6TH ST 2-10-747-1393:MONROE PED 2-14-204-1615:FRONT ST RDIO 2-15-830-2307:FRONT ST 2-02-351-4946:SR CENTER 2-02-502-8077:VARIOUS METERS 66-77-863-1535-91:MCCABE/TMS 69-77-678-0218-01:SNTIAGO RD 280-199-999-5362 280-199-999-5362 001-110-999-5260 190-184-999-5301 280-199-999-5362 190-180-999-5415 001-164-603-5240 190-199-999-5240 340-199-701-5240 190-199-999-5240 190-181-999-5240 340-199-702-5240 190-180-999-5240 191-180-999-5319 150.00 76.18 40.45 86.86 86.60 375. O0 317.06 42.98 18.15 47.54 685.02 492.13 2,599.12 8.45 440.09 375.00 4,210.45 VOUCHRE2 12/03/98 VOUCHER/ CHECK NUMBER 53018 53019 53019 53020 53021 53022 53022 53023 53023 53023 53024 53025 53026 53027 53027 53027 53027 53027 53027 53027 53027 53028 53028 53028 53028 53029 53030 53031 53032 53033 53033 53034 53035 14:44 CHECK DATE 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 VENDOR NUMBER 001696 002015 002015 001505 000521 000574 000574 000168 000168 000168 003519 000311 000311 000919 000919 000919 000919 000919 000919 000919 000919 003149 003149 003149 003149 003508 002111 001483 003507 000320 000320 003031 001944 VENDOR NAME STAPLES OFFICE SUPPLY STAR WAY PRODUCTIONS STAR WAY PRODUCTIONS STEFFEN, SUE STEWART, BRUCE M. SUPERTONER SUPERTONER TEMECULA FLOWER CORRAL TEMECULA FLOWER CORRAL TEMECULA FLOWER CORRAL TEMECULA VALLEY ART LEA TEMECULA VALLEY HIGH SC TEMECULA VALLEY HIGH SC TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TERRA-CAL CONSTRUCTION, TERRA-CAL CONSTRUCTION, TERRA-CAL CONSTRUCTION, TERRA-CAL CONSTRUCTION, THOMPSON MIDDLE SCHOOL TOGO'S TOM DODSON & ASSOCIATES TOMAS RIVERA MIDDLE SCH TOWNE CENTER STATIONERS TOWNE CENTER STATIONERS TRAFFIC CONTROL SERVICE TRANSTECH ENGINEERS, IN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION COMPUTER LOAN PRGM:R.HRUSKA AUDIO TECH FOR SUMMER NIGHTS AUDIO TECH FOR SUMMER NIGHTS COMPUTER LOAN PRGM:S.STEFFEN STREET ADDRESSING SERVICE HP LASER PRINTER MAINTENANCE HP LASER PRINTER MAINTENANCE SUNSHINE FUND SUNSHINE FUND SUNSHINE FUND FY 98-99 CSF PROGRAM AWARD PARTICIPATION IN X-MAS PARADE FY 98-99 CSF PROGRAM AWARD SEP FUEL EXPENSE CITY VEHICLES SEP FUEL EXPENSE CITY VEHICLES SEP FUEL EXPENSE CITY VEHICLES SEP FUEL EXPENSE CITY VEHICLES SEP FUEL EXPENSE CITY VEHICLES SEP FUEL EXPENSE CITY VEHICLES SEP FUEL EXPENSE CITY VEHICLES SEP FUEL EXPENSE CITY VEHICLES PRG PMT#6:WINCHESTER CRK PARK C/0#2 PRG PMT#6:WINCH.CRK PARK RETENTION W/H PMT#6:WINCH.CRK STOP NOTICE:BRANDT COMMERCIAL PARTICIPATION IN X-MAS PARADE REFRESHMENTS:MAIN ST APT MTG MITIGATION MONITOR:REGIONAL CT PARTICIPATION IN X-MAS PARADE MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES EQUIPMENT RENTAL FOR PW CREWS RELEASE RETENTION:PALA RD ACCOUNT NUMBER 001-1175 190-183-999-5370 190-183-999-5370 001-1175 001-162-999-5250 320-199-999-5215 320-199-999-5215 001-2170 001-1170 001-164-604-5250 001-101-999-5267 190-183-999-5370 001-101-999-5267 001-161-999-5263 001-162-999-5263 190-180-999-5263 001-170-999-5262 001-165-999-5263 001-163-999-5263 001-164-601-5263 001-164-604-5263 210-190-149-5804 210-190-149-5804 210-2035 210-2038 190-183-999-5370 001-110-999-5223 001-2620 190-183-999-5370 001-163-999-5220 001-162-999-5220 001-164-601-5218 210-2035 ITEM AMOUNT 2,000.00 450.00 450.00 2,000.00 1,087.50 536.67 65.00 273.57 49.51 49.57 1,000.00 300.00 4,500.00 20.06 134.21 585.57 24.92 68.60 192.45 576.28 127.23 1,000.00 13,932.23 1,493.22- 2,725.00- 200.00 52.62 150.00 200.00 207.59 139.86 35.00 6,000.00 PAGE 9 CHECK AMOUNT 2,000.00 900.00 2,000.00 1,087.50 601.67 372.65 1,000.00 300.00 4,500.00 1,729.32 10,714.01 200.00 52.62 150.00 200.00 347.45 35.00 6,000.00 VOUCHRE2 12/03/98 VOUCHER/ CHECK NUMBER 53036 53037 53038 53038 53039 53040 53040 53041 53041 53041 53042 53043 53044 53044 53044 53044 14:44 CHECK DATE 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 12/03/98 VENDOR NUMBER 003331 002065 003261 003261 003135 002109 002109 001601 001601 001601 003505 001318 000345 000345 000345 000345 VENDOR NAME UNION BNK OF CA FBO:VLL UNISOURCE VALLEY CREST LANDSCAPE, VALLEY CREST LANDSCAPE, WALLACE COHPUTER SERVIC WHITE CAP WHITE CAP WILBUR SMITH ASSOCIATES WILBUR SMITH ASSOCIATES WILBUR SMITH ASSOCIATES WILLIAMS, KAY WOLFF, MIKE XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION RELEASE RETENTION TO ESCROW MISC. PAPER SUPPLIES FOR DEPTS PRG PMT#4:O.T.STREETSCAPE RETENTION W/H PMT#4:OT STSCAPE TCSD REGISTRATION RECEIPTS MAINT SUPPLIES:PW CREW MAINT SUPPLIES:PW CREW MAR GENERAL PLAN CIRCULATION APR GENERAL PLAN CIRCULATION MAY GENERAL PLAN CIRCULATION REIMB:O.T. MERCHANTS PROMOTION COMPUTER LOAN PRGM:M.WOLFF JUL-SEP BASE CHRG:5012 COPIER COPY USAGE FOR COPIER @ STN 84 OCT BASE CHARGE:F2OOMAJ COPIER OCT BASE CHARGE:5343 COPIER ACCOUNT NUMBER 280-1035 330-199-999-5220 280-199-824-5804 280-2035 190-182-999-5220 001-164-601-5218 001-164-601-5218 001-161-999-5248 001-161-999-5248 001-161-999-5248 280-199-999-5362 001-1175 330-199-999-5239 001-171-999-5217 330-199-999-5239 330-199-999-5217 ITEM AMOUNT 42,248.86 601.35 844,977.36 42,248.86- 295.22 202.74 6.64 3,000.00 5,000.00 5,000.00 110.86 2,000.00 62.50 892.18 110.00 242.77 PAGE 10 CHECK AMOUNT 42,248.86 601.35 802,728.50 295.22 209.38 13,000.00 110.86 2,000.00 1,307.45 TOTAL CHECKS 1,846,976.02 VOUCHRE2 12/03/98 15:15 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND AMOUNT 39,773.34 2,768.78 7,344.67 7,997.17 681.69 14,480.89 TOTAL 73,046.54 VOUCHRE2 12/03/98 VOUCHER/ CHECK NUMBER 53047 53048 53048 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53049 53051 15:15 CHECK DATE 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 12/15/98 VENDOR NUMBER 003213 000843 000843 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 000406 VENDOR NAME A M S PLANNING RESEARCH MCDANIEL ENGINEERING CO MCDANIEL ENGINEERING CO RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS RIVERSIDE CO. SHERIFF'S CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION DEVELOP CULTURAL ARTS PLAN OCT PROF ENG SVCS:PALA RD BRDG CREDIT:EXPENSE NOT IN CONTRACT OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES OCT 98 LEGAL SERVICES SEPT 98 BOOKING FEES ACCOUNT NUMBER 190-180-999-5248 210-165-631-5802 210-165-631-5802 001-130-999-5246 001-130-999-5246 001-130-999-5246 190-180-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 210-165-631-5801 001-130-999-5246 001-1280 001-130-999-5246 001-130-999-5246 300-199-999-5246 300-199-999-5246 001-130-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 001-130-999-5246 001-1280 300-199-999-5246 001-1280 001-1280 300-199-999-5246 001-130-999-5246 210-165-631-5801 300-199-999-5246 280-199-999-5246 165-199-999-5246 165-199-999-5246 001-170-999-5273 ITEM AMOUNT 7,000.00 6,240.67 26.00- 8,849.21 390.09 8,241.89 344.67 405.00 329.50 477.58 1,174.50 5,422.80 39.50 184.50 58.00 140.00 234.00 471.50 1,053.00 1,670.75 8,565.02 35.25 358.25 1,677.75 1,392.56 161.00 740.70 3,020.71 608.00 399.67 681.69 1,020.00 1,748.78 9,936.00 PAGE 1 CHECK AMOUNT 7,000.00 6,214.67 49,895.87 9,936.00 TOTAL CHECKS 73,046.54 ITEM 3 ITEM 4 APPROVAL ~ CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance~ December 15, 1998 Financial Statements for the Three Months Ended September 30, 1998 PREPARED BY: Tim McDermott, Assistant Finance Director~ William B. Pattison, Senior Accountant RECOMMENDATION:That the City Council receive and file the Financial Statements for the Three Months Ended September 30, 1998. DISCUSSION: The attached financial statements reflect the unaudited activity of the City for the Three Months Ended September 30, 1998. Please see the attached financial statements for the analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheets as of September 30, 1998 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1998 Combining Balance Sheets (Internal Service Funds) as of September 30, 1998 Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) for the Three Months Ended September 30, 1998 Combining Balance Sheet (Community Facilities Districts) as of September 30, 1998 Statement of Revenues, Expenditures and Changes in Fund Balance (Community Facilities Districts) for the Three Months Ended September 30, 1998 CITY OF TEMECULA Combining Balance Sheets as of September 30, 1998 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 1998 and the Statement of Revenues, Expenses and Changes in Retained Earnings For The Three Months Ended September 30, 1998 (Unaudited) Prepared by the Finance Department City of Temecula Combining Balance Sheet As of September 30, 1998 Assets: Cash and investments Receivables Due from other funds Advances to other funds Total assets Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Deferred revenue Total liabilities General Fund $ 11,123,685 3,279,898 $ 357,318 1,111,331 Gas Tax Fund 71,966 R.C. Reimb District $ 180,280 2,502 Dev Impact Fund $ 4,717,695 54,692 391~39 CDBG Fund $ 100 $ 15,872,232 $ 71,966 $ 182,782 $ 5,163,826 $ 100 $ 3,811,385 193,161 4,004,546 $ 100 100 Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances 2,251,860 6,382,283 $ 3,233,543 11,867,686 $ 15,872,232 $ 71,966 71,966 71,966 182,782 182,782 182,782 $ 5,163,826 5,163,826 $ 5,163,826 $ 100 Please note that these balances are unaudited City of Temecula Combining Balance Sheet As of September 30, 1998 Assets: Cash and investments Receivables Due from other funds Advances to other funds Tomlassets Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Deferred revenue Total liabilities AB 2766 Fund Measure "A" CIP Fund Fund $ 249,750 $ 4,027,882 $ 13,595,589 15,707 144, 163 977,915 265,457 $ 4,172,045 $ 14,573,504 $ 490,480 $ $ 52,540 2,067,163 52,540 2,557,643 Marg Rd Reim Dist Fund 87,167 $ 87,167 Total $ 33,894,981 4,546,843 748,757 1,111,331 40,301,912 577,647 5,931,188 193,161 6,701,996 Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances 265,457 5,123,853 4,119,505 6,892,008 265,457 4,119,505 12,015,861 265,457 $ 4,172,045 $ 14,573,504 (S7,167) (87,167) 7,375,713 23,077,827 3,146,376 33,599,916 $ 40,301,912 Please note that these balances are unaudited City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Three Months Ended September 30, 1998 Revenues: Sales tax Developmental services: Planning Building & safety Engineering Grants AB3229 (COPS) Fire plan check and inspection Motor vehicle in lieu Motor vehicle license fees Property tax Property transfer tax Franchise fees Transient occupancy tax Reimbursements Reimbursements from TCSD Reimbursements from RDA Reimbursements from CIP Investment interest Business licenses Vehicle code fines Miscellaneous Bids & proposals Parking citations/impound fees Operating transfers in TotalRevenues Annual Amended Budget 9,850,000 340,000 1,536,000 950,000 45,000 100,000 200,000 1,800,700 34,000 1,232,000 185,000 1,145,000 940,000 25,000 162,000 125,000 240,000 750,000 160,000 40,000 32,800 10,000 101,000 827,000 20,830,500 YTD Activity 2,241,965 126,781 563,672 411,195 105~68 63,365 505,844 18,063 137,743 72,339 175,017 225,479 1,288 40,500 31,250 61,942 328,274 14,685 33,428 9,237 2,615 24,937 154,919 5,349,806 Percent of Budget 23% 37% (1) 37% (1) 43% (1) (2) 105% (3) 32% (1) 28% 53% 11% (4) 39% (5) 15% (6) 24% 5% 25% 25% 26% 44% (7) 9% (8) 84% 28% 26% 25% 19% 26% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Three Months Ended September 30, 1998 Expenditures: City Council Community Suppert City Manager Economic Development City Clerk City Attorney Finance Human Resources Planning Building & Safety Engineering Public Works C]P Admin Police Fire Dept Animal Control Non-departmental Total Expenditures (excluding op. transfers) Revenues Over/(Under) Expenditures Operating transfers out Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 $ Annual YTD Amended YTD Activity Budget Activity Encumbr. + Encumbr 278,140 $ 72,252 $ 2,959 $ 75,211 438,523 96,446 15,033 111,479 586,243 147,484 29,127 176,611 764,075 234,250 325 234,575 637,081 132,531 10,966 143,497 400,000 61,492 61,492 983,552 211,102 49,640 260,742 345,270 77,222 5~33 82,655 1,757,563 380,192 180,869 561,061 1,297,019 278,364 31,602 309,966 995,360 206,393 6,591 212,984 2,594,619 340,668 165,603 506,271 764,520 150,767 4,971 155,738 5,648,353 1,523,621 11,375 1,534,996 2,174,510 381,403 18,027 399,430 45,000 14,515 1,090 15,605 1,470,020 345,429 345,429 21,179,848 4,654,131 533,611 5,187,742 (349,348) 695,675 4,279,000 4,279,000 (4,628,348) (3,583,325) 15,451,011 15,451,011 10,822,663 $ 11,867,686 Percent of Budget 27% 25% 30% 31% 23% 15% 27% 24% 32% 24% 21% 20% 20% 27% 18% 35% 23% 24% (9) Notes: (1) The variance in developmental services revenues is due to higher than anticipated community development activity. (2) The variance in the Grant revenue is due to the timing of the expenditure and receipt of funds. (3) The year to date activity reflects the receipt of the city's entire annual apportionment of AB3229 revenues. (4) The variance in property tax revenue is due to the timing of tax payments received from Riverside County. (5) The variance in property transfer tax is due to a greater than anticipated home selling activity. (6) The variance in franchise fees is due to several entities that have annual payments due in later portion of the fiscal year. (7) The variance in investment interest is due to higher cash balances expected in the first quarter than the rest of the year. (8) Business license renewals are processed in December and January each year. (9) The variance is due to encumbrances recorded (such as for the circulation element). City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Three Months Ended September 30, 1998 Revenllesi Section 2105-2107 Investment interest Total Revenues Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Beginning Fund Balance, July I, 1998 Ending Fund Balance, September 30, 1998 Annual Amended YTD Budget Activity $ 821,000 $ 225,831 6,000 1,054 827,000 226,885 827,000 154,919 71,966 $ $ 71,966 Encumbr. Total Activity $ 225,831 1,054 226,885 154,919 Percent of Budget 28% 18% 27% 19% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Rancho California Road Reimbursement District For the Three Months Ended September 30, 1998 Revenues: Investment interest Annual Amended YTD Budget Activity $ 2,502 Encumbr. Total Activity 2,502 Percent of Budget Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 180,280 180,280 $ 2,502 180,280 182,782 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund For the Three Months Ended September 30, 1998 Revenues: Public facilities Quimby Street improvements Traffic signals Parks Corporate facilities Fire protection Library Investment interest TotalRevenues Expenditures: Operating transfers out Total Expenditures Annual Amended YTD Budget Activity 30,000 $ 18,454 50,000 120,600 1,923,330 818,737 284,440 125,076 891,030 77,175 249,240 67,666 64,000 17,190 208,400 25,525 54,693 3,700,440 1,325,116 6,888,752 6,888,752 Encumbrance Total Activity $ 18,454 120,600 818,737 125,076 77,175 67,666 17,190 25,525 54,693 1,325,116 Percent of Budget 62% 241% 43% 44% 9% 27% 27% 12% 36% (1) Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 (3,188,312) 1,325,116 3,838,710 3,838,710 650,398 $ 5,163,826 Notes: (1) The variance in operating transfers out is due to the timing of when DIF funded CIP projects are started and costs are incurred. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Grant For the Three Months Ended September 30, 1998 Revenues: Grant revenue Total Revenues Expenditures: Other outside services Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ 314,607 $ 314,607 43,007 271,600 314,607 $ $ (1) The variance in Grant revenue is due to no expenditures being recognized in the fund during the first quarter. No reimbursements had been paid as of September 30, 1998. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 2766 Fund For the Three Months Ended September 30, 1998 Annual Amended YTD Total Budget Activity Encumbr. Activity Revenues: AB 2766 $ 93,500 $ 12,168 Investment interest 3,357 Total Revenues 93,500 15,525 Expenditures: Operating transfers out 302,200 Total Expenditures 302,200 Revenues Over/(Under) Expenditures (208,700) 15,525 Beginning Fund Balance, July 1, 1998 249,932 249,932 Ending Fund Balance, September 30, 1998 $ 41,232 $ 265,457 $ 12,168 3,357 15,525 (1) The variance in the AB2766 revenue is due to supplemental funding awarded to the city that will be received after the related project costs are complete. Percent of Budget 13% 17% (1) City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" For the Three Months Ended September 30, 1998 Annual Amended YTD Budget Activity Revenues: Measure "A" Investment interest Total Revenues 1,050, 100 Expenditures: Debt service - principal Debt service - interest Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 $ 314,238 82,257 396,495 351,909 80,446 212,853 55,278 7,210,187 4,063,550 7,774,949 4,199,274 (6,724,849) (3,802,779) 7,922,284 7,922,284 $ 1,197,435 4,119,505 Encumbr. Total Activity $ 314,238 82~57 396,495 80,446 55,278 4,063,550 Percent of Budget 30% 38% 23% 26% 56% (1) (1) The variance in operating transfers out is due to the timing of when projects are started and costs are incurred. l0 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Three Months Ended September 30, 1998 Revenues: Operating transfers in Grants Investment interest Article 3 (SB 821 ) Total Revenues Expenditures: Rancho Ca Rd interchange Overland overcrossing Offramp widening at Rancho Ca Rd Intersection monitoring system Jefferson median Margarita improvements Western bypass corridor Street sign replacement Winchester Rd. widening Traffic signals Butter~eld/Rancho Ca Pala Rd. bridge Signal interconnect system Pavement management I15/795 interchange (ultimate) Pala Road improvements Traffic signals Rancho Ca. Rd./Via Las Colinas Flashing signals at schools Traffic signals Winchester/Enterprise Traffic signals Margarita Rd./Santiago City sidewalk project Margarita wideningOverland construction Ynez/Overland improvements Winchester Rd. improvements Jefferson Street lighting Traffic signals Pala/Rainbow Cyn. Traffic signals Rancho Ca. Rd./Meadows Pkwy. Traffic signals Pauba/Station 84 Temecula Park and Ride Winchester sidewalk project Storm drain Overland/Margarita I15 to Avenida De Missiones Winchester ramp improvements Traffic signals Margarita/Pauba Traffic signals Margarita/Pio Pico Traffic signals Pala/Loma Linda Traffic signals Pala/Wolf Valley (continued) Annual Amended YTD Budget Activity 22,483,139 $ 8,313,550 9,617,100 4,966 72,800 32, 173,039 8,318,516 3,866,451 1,734,477 $ 7,751,000 5,370 300,000 240,000 45,000 125,000 100,675 102,000 1,300,000 117,300 6,071,596 112,751 90,364 960,552 267,816 900 117,300 99~08 117,295 9 112,626 74,440 9,370 3,794 4,237,682 94,204 2,007,904 371,100 209 307,250 36,121 30,234 12,596 30,095 25,664 216,500 97,800 91 1,806,687 242 2,000,000 2,000,000 1,015,427 27,434 117,300 31,400 31,400 31,400 Encumbr. 1,689,791 5,894 100,675 301,522 90,364 16,452 72,816 900 4,865 89,227 236 34,469 5,576 1,098,002 13,904 3,100 7,250 6,121 12,596 4,630 109 806,945 75,080 Total Activity 8,313,550 4,966 8,318,516 3,424,268 11,264 100,675 414,273 90,364 16,452 72,816 900 4,865 89,227 245 108,909 9,370 1,192,206 13,904 3,309 7,250 36,355 12,596 30,294 200 807,187 2,000,000 102,514 Percent of Budget 37% 26% 89% 0% 100% 7% 100% 2% 27% 100% 4% 90% 0% 97% 100% 28% 1% 1% 2% 101% 100% 101% 0% 45% 100% 10% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Three Months Ended September 30, 1998 Annual Amended YTD La Serena housing lighting 45,000 Margarita community park 1,215,881 Sports park improvements 1,446 Duck pond park 1,341,659 Maintenance yard 5,600 Multi-trails system 224,027 Various park improvements (ADA) 95,000 Winchester creek park 343,657 Community Recreation Center improvements 74,920 Sports park sidewalks 374,323 TVLISD tennis court lights 200,000 Bike path construction - citywide 47,500 Maintenance facility modification 600,000 Hintergardt park improvements 270,300 Rotary park improvements 29,300 Senior center expansion 83,000 Buttefield stage improvements 25,000 818,358 2,765 9,820 269,821 73,110 238 9,705 260 Encumbr. 289,001 1,446 1,750 5,600 33,207 229,438 588 2,584 12,795 18,579 Fire station 25,343 25,343 Museum 333,520 203,406 4,998 Library 720,000 527 58,000 Total Expenditures 40,200,591 5,496,929 5,123,853 Revenues Over/(Under) Expenditures (8,027,552) 2,821,587 Beginning Fund Balance, July 1, 1998 9,194,274 9,194,274 Ending Fund Balance, September 30, 1998 $ 1,166,722 $ 12,015,861 Total 1,107,359 1,446 4,515 5,600 43,027 499,259 73,698 2,822 22,500 18,839 25,343 208,404 58,527 10,620,782 Percent 91% 100% 0% 100% 19% 145% 98% 1% 11% 3% 100% 62% 8% 26% The variances in CIP Fund revenues and in project expenditures are due to the timing of when the various projects are actually started and costs are incurred. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Margarita Road Reimbursement District For the Three Months Ended September 30, 1998 Total Revenues Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 Annual Amended YTD Budget Activity $ 9,250 9,250 $ (96,417) (96,417) $ (96,417) $ (87,167) Encumbr. Total Activity Percent of Budget htemal Service Funds Combining Balance Sheet As of September 30, 1998 Assets: Cash and investments Receivables Prepaid assets Property, plant and equipment (net of accumulated depreciation) Total assets Liabilities and fund equity: Liabilities: Current liabilities Capital leases payable Total liabilities Fund equity: Contributed capital Retained earnings Total fund equity Total liabilities and fund equity $ $ Instlrance Fund 1,603,965 $ 21,525 47,337 1,672,827 $ 283,331 283,331 500,000 $ 889,496 1,389,496 1,672,827 $ Vehicles Fund 51,477 $ 544 196,84 1 248,862 $ 214,539 34,323 248,862 248,862 $ Information Systems Fund 62,075 $ 530,302 592,377 $ 101,505 101,505 473,065 17,807 490,872 592,377 $ Support Services Fund 184,452 $ 2,349 166,838 353,639 $ 14,764 $ 178,298 193,062 94,177 66,400 160,577 353,639 $ Facilities Fund 111,964 $ 1,062 113,026 $ 33,930 $ 33,930 79,096 79,096 113,026 $ Total 2,013,933 25~80 47,337 893,981 2,980,731 433,530 178,298 611,828 1,281,781 1,087,122 2,368,903 2,980,731 Please note that these balances are unaudited. 14 City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Funds For the Three Months Ended September 30, 1998 Revenues: Charges for services $ Investment interest Miscellaneous Claims recovery Total Revenues Expenses: Salaries & wages Operating expenses Interest Depreciation Total Expenses Net Income (Loss) Retained Earnings, July 1, 1998 Retained Earnings, September 30, 1998 $ Insurance Fund 82,316 $ 21,525 251 1,724 105,816 6,545 95,773 102,318 3,498 885,998 889,496 $ Vehicles Fund 14,793 543 15,336 15,793 15,793 (457) 34,780 34,323 $ Information Systems Fund $ 160,180 $ 114 160~94 36,383 65,610 58,016 160,009 285 17,522 17,807 $ Support Services Fund 47,350 $ 2,349 49,699 10,371 22,943 3,775 14,682 51,771 (2,072) 68,472 66,400 Facilities Fund 91,424 1,062 92,486 38,260 54,311 92,571 (85) 79,181 79,096 $ Total 396,063 25,479 365 1,724 423,631 91,559 238,637 3,775 88,491 422,462 1,169 1,085,953 1,087,122 Community Facilities Districts Combining Balance Sheet As of September 30, 1998 Assets: Cash and investments Receivables Deposits Total assets Liabilities and fund balances: Liabilities: Due to other funds Current liabilities Total liabilities Fund balances: Designated Total fund balances Total liabilities and fund balances CFD 88-12 Capital Project Fund $ 3,135,343 813 1,124,300 CFD 88-12 Debt Service Fund 2,145,733 8,054 $ 4,260,456 $ 2,153,787 $ 136,876 136,876 4,123,580 4,123,580 $ 4,260,456 $ 34,232 2,119,555 2,153,787 $ 2,153,787 CFD 98-01 Debt Service Fund $ 1,049,445 1,049,445 $ 1,049,445 1,049,445 1,049,445 Toml $ 6,330,521 8,867 1,124,300 $ 7,463,688 $ 171,108 3,169,000 3,340,108 4,123,580 4,123,580 $ 7,463,688 Please note that these balances are unaudited. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance Community Facilities Districts For the Three Months Ended September 30, 1998 Revenues: Investment interest Special assessments Bond proceeds Reimbursements Operating transfers in Total Revenues Expenditures: Operating transfers out Debt service - interest Bond issuance costs Total Expenditures Revenues Over/(Under) Expenditures Fund Balance, July 1, 1998 Fund Balance, June 30, 1998 CFD 88-12 Capital Projects Fund CFD 88-12 Debt Service Fund $ 29,284 $ 28,692 19,906 2,489 8,722 31,773 57,320 8,722 1,023,971 8,722 1,023,971 23,051 $ (966,651) 4,100,529 $ 4,123,580 CFD 98-1 Debt Service Fund $ 4,630 1,364,438 1,369,068 319,623 319,623 1,049,445 Total 62,606 19,906 1,364,438 2,489 8,722 1,458,161 8,722 1,023,971 319,623 1,352,316 105,845 4,100,529 4,123,580 17 ITEM City MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Peter Thorson, City Attorney December 15, 1998 Acting City Manager/Deputy City Manager Employment Agreement With Shawn Nelson and Establishment of Deputy City Manager Classification RECOMMENDATION: That the City Council: 1) 2) 3) Approve the attached Acting City Manager Employment Agreement. Adopt the revised Schedule of Authorized Positions. Adopt the classification specification for Deputy City Manager. BACKGROUND: The City Council appointed Shawn Nelson as Acting City Manager/Deputy City Manager to fill the vacant City Manager position, as of January 4, 1999 subject to approval of an employment agreement with Mr. Nelson. The attached Employment Agreement specifies the terms of his employment with the City as Acting City Manger/Deputy City Manager. In addition, the City Council has created the position of Deputy City Manager. This classification is exempt from the Personnel System pursuant to section 2.60.040 of the Temecula Municipal Code. FISCAL IMPACT: The salary range for the Deputy City Manager position is $ 6,372 to $7,764 per month. The contract for Acting City Manager includes a salary of $8,250 per month. These changes will be reflected in the Mid-Year Operating Budget. Attachment: Employment Agreement Schedule of Authorized Positions Classification Specification CITY OF TEMECULA SCHEDULE OF AUTHORIZED POSITIONS AS OF DECEMBER 15, 1998 POSITION TITLES AUTHORIZED POSITIONS MINIMUM CITY COUNCIL Councilmember(s) TOTAL 5.00 $ 300 5.00 CITY MANAGER City Manager Assistant City Manager Deputy City Manager Assistant to the City Manager Senior Management Analyst Management Analyst Executive Assistant Human Resources Specialist Human Resources Assistant Marketing Coordinator Office Specialist TOTAL 1.00 1.00 2.00 1.00 1.00 0.50 1.00 1.00 1.00 1.00 1.00 11.50 $6 691 $6,372 $4 497 $3 624 $3 092 $2 782 $2 455 $2 232 $3,294 $1,707 CITY CLERK City Clerk/Director of Support Services Deputy Director of Support Services Information Systems Administrator Information Systems Specialist Administrative Secretary Records Coordinator Office Specialist Administrative Technician Office Assistant TOTAL 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 9.00 $5,477 $3,767 $3,722 $3,317 $2,242 $2,214 $1,707 $1,637 $1,560 FINANCE Director of Finance Assistant Finance Director Senior Management Analyst Senior Accountant Accountant Administrative Secretary Purchasing Specialist Accounting Specialist Accounting Assistant TOTAL 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.50 1.00 10.50 $5,974 $4,397 $3,624 $3,517 $2,819 $2,242 $2,135 $2,117 $1,780 MAXIMUM 300 $10,768 $8,152 $7,764 $5,481 $4,522 $3,767 $3,467 $3,062 $2,719 $4,012 $2,128 $6,677 $4,699 $4,645 $4,042 $2,796 $2,760 $2,128 $2,042 $1,948 $7,279 $5,358 $4,522 $4,285 $3,517 $2,796 $2,601 $2,641 $2,221 EXEMPT/ NON/EXEMPT E E E E E E E E NE E NE E E E E NE NE NE NE NE E E E E NE NE NE NE NE CITY OF TEMECULA SCHEDULE OF AUTHORIZED POSITIONS AS OF DECEMBER 15, 1998 POSITION TITLES AUTHORIZED POSITIONS MINIMUM PLANNING Planning Manager Senior Planner Associate Planner Development Processing Coordinator Assistant Planner Community Development Technician Administrative Secretary Community Development Aide Office Assistant TOTAL 1.00 2.00 1.00 $3 1.00 1.00 2.00 1.00 1.00 1.00 11.00 .429 .922 .410 .087 .937 ,526 242 157 560 BUILDING & SAFETY Chief Building Official Senior Building Inspector Plan Checker/Building Inspector Building Inspector II Code Enforcement Officer Community Development Technician Building Inspector I Administrative Secretary Office Specialist TOTAL 1.00 1.00 1.00 2.00 2.00 1.00 1.00 1.00 1.00 11.00 $5,501 $3,351 $3,119 $2,778 $2,707 $2,526 $2,492 $2,242 $1,707 PUBLIC WORKS Director of Public Works/City Engineer Deputy Director of Public Works Senior Engineer Associate Engineer Permit Engineer Maintenance Superintendent Senior Public Works Inspector Assistant Engineer Management Analyst Public Works Inspector Community Development Technician Administrative Secretary Lead Maintenance Worker Maintenance Worker Office Assistant TOTAL 1.00 1.00 3.00 3.00 1.00 1.00 2.00 6.00 0.50 1.00 1.00 1.00 3.00 3.00 3.00 30.50 265 219 540 899 899 883 380 367 092 792 526 242 198 944 560 MAXIMUM $5,527 $4,894 $4 251 $3 762 $3 660 $3 151 $2 796 $2 628 $1 948 $6,668 $4 179 $3 801 $3 462 $3 374 $3 151 $3 106 $2 796 $2 128 $7,632 $6,359 $5,531 $4,865 $4,865 $4,842 $4,215 $4 197 $3 767 $3 480 $3 151 $2 796 $2 744 $2423 $1948 EXEMPT/ NON/EXEMPT E E NE NE NE NE NE NE NE E E NE NE NE NE NE NE NE E E E E E E NE NE E NE NE NE NE NE NE CITY OF TEMECULA SCHEDULE OF AUTHORIZED POSITIONS AS OF DECEMBER 15, 1998 POSITION TITLES AUTHORIZED POSITIONS MINIMUM COMMUNITY SERVICES Director of Community Services Deputy Director of Community Services Maintenance Superintendent Development Services Administrator Recreation Superintendent Maintenance Supervisor Senior Landscape Inspector Museum Services Manager Development Services Analyst Recreation Supervisor Administrative Secretary Facility Maintenance Coordinator Recreation Coordinator Maintenance Worker Custodian Office Assistant TOTAL 1.00 ~5,858 1.00 $4,435 1.00 ~3,883 1.00 ~3,776 1.00 $3,767 1.00 $3,312 1.00 $2,846 1.00 ~2,819 1.00 $2,812 2.00 ~2,742 1.00 $2,242 1.00 $2,171 3.00 $1,973 2.00 $1,944 1.00 $1,616 3.00 $1,560 22.00 REDEVELOPMENT AGENCY Housing/Redevelopment Manager Senior Management Analyst Administrative Secretary TOTAL MAXIMUM $7,138 $ 5,404 94,842 $4 711 ~4 699 ~4 035 $3 467 93 517 $3 506 93 419 92 796 92 707 $2 458 $2 423 $2 016 $1 948 1.00 $4,397 95,358 1.00 $3,624 ~4,522 1.00 ~2,242 ~2,796 3.00 EXEMPT/ NON/EXEMPT E E E E E E NE NE NE NE NE NE NE NE NE NE E E NE CITY COUNCIL ..................................................5.00 CITY MANAGER ...............................................11.50 CITY CLERK .....................................................9.00 FINANCE .........................................................10.50 PLANNING .......................................................11.00 BUILDING & SAFETY ........................................ 11.00 PUBLIC WORKS ...............................................30.50 COMMUNITY SERVICES .................................... 22.00 REDEVELOPMENT AGENCY ................................ 3.00 TOTAL OF AUTHORIZED POSITIONS ................ 113.50 CITY OF TEMECULA CLASSIFICATION SPECIFICATION TITLE: DEPUTY CITY MANAGER Reports to: City Manager Adopted: Department: City Manager Status : December 15, 1998 "At Will" Exempt from Personnel System Pursuant to Temecula Municipal Code Section 2.60.040 JOB SUMMARY Under the direction of the City Manager, to perform highly responsible and complex professional administrative work while working closely with the City Manager in a variety of areas. This classification provides executive-level professional and analytical staff assistance to the City Manager. The Deputy City Manager is a member of the City's executive team and is expected to actively participate in managing a wide variety of City issues. Serve as Acting City Manager in the Assistant City Manager's absence. ESSENTIAL FUNCTIONS 1. Manage assigned areas of responsibility, to include planning, organizing, and implementing programs. 2. Perform complex studies and research projects. 3. Provide technical and professional staff assistance related to a variety of areas including, redevelopment and economic development projects and land acquisition/disposition activities, 4. Coordinate property appraisals. 5. Research and negotiate land acquisitions. 6. Perform fiscal analysis of redevelopment and economic development projects. 7, Select and oversee the use of consultants and other outside professional services. 8. Confer with the City Manager, City Council, and Department Directors. 9. Represent the City in the community and at professional meetings, as required. 10. Develop and direct the implementation of goals, objectives, policies, procedures, and work standards. 11. Coordinate departmental activities with other City departments and outside agencies. 12. Respond, as appropriate, to citizen complaints and requests for information. 13. Plan, organize, assign, direct, and review the work of department staff. 14. Prepare and present verbal and written reports, as necessary. 15. Formulate and present proposals and recommendations. 16. Plan, organize, and direct various activities of the City. 17. Supervise, train, and evaluate personnel. 18. Prepare and administer department budget. 19. Attend City Council meetings and other public meetings, as appropriate. 20. Make presentations. 21. Participate in employer/employee relations. 22. Provide assistance to the public, City staff, and other Governmental agencies. R:\SPECS\ASSISTCM,CM 12/9/98 DEPUTY CITY MANAGER Page 2 ADDITIONAL RESPONSIBILITIES Perform related duties and special projects, as required. QUALIFICATIONS Knowledqe of: Principles and practices of municipal administration. Principles and practices of municipal finance, budgets, and personnel. Laws and principles governing redevelopment programs. Principles and practices of economic development. Financial procedures and regulations pertaining to real estate, loan management, and property management. Laws, rules, and regulations concerning the operation of municipal government. Current social, political, and economic trends. Principles and practices of personnel administration. Effective public relations with community groups and agencies, private businesses and firms, and other governmental agencies. Advanced interpersonal relations skills. Supervisory practices and procedures. Personal computers and applicable software. Ability to: Effectively handle multiple projects and priorities. Make timely decisions and act effectively. Review proposed and existing programs to ensure optimum efficiency in service delivery. Conduct studies, analyze data, draw sound conclusions, and make recommendations. Exercise sound judgment within established policy guidelines. Organize and maintain accurate records of activities and projects. Prepare and administer an operating budget. Prepare comprehensive verbal and written reports. Supervise, train, and evaluate personnel. Make presentations in public forums. Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships. TRAINING, EDUCATION AND EXPERIENCE A typical way to obtain the training, education, and experience would include the following: Minimum five years of increasingly responsible experience, preferably as Deputy City Manager, Assistant to the City Manager, or Department Director. Three years of supervisory experience. A Bachelor's degree in public or business administration or a closely related field. A Master's Degree is desirable. LICENSES/CERTIFICATES 1. Valid California Driver's License. R:\SPECS\ASSISTCM.CM 12/9/98 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of December 15, 1998, by and between the CITY OF TEMECULA, a California Municipal Corporation ("City"), and SHAWN D. NELSON, an individual, ("Employee"). RECITALS A. City desires to engage the services of Employee, and Employee desires to accept employment as Deputy City Manager of the City of Temecula. B. At the time of entering into this agreement, the office of City Manager for City is vacant. City also desires to engage the services of Employee and Employee desires to accept assignment to temporarily serve as acting City Manager. C. The City Council desires to encourage the highest standards of fidelity and public service on the part of Employee. D. The Parties desire to provide a reasonable degree of employment security during the term of this Agreement, while providing a just means for terminating Employee's services, should cause exist. E. The parties further desire to establish certain benefits and certain conditions of Employee's employment. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 981203 11086-00001 rae 1510611 0 ' ] ' 1. Duties. A. City agrees to employ Employee as Deputy City Manager of City to perform the functions and duties specified in the City's classification specification for Deputy City Manager and to perform such other legally permissible and proper duties and functions as may be assigned from time to time. Employee shall not consult or engage in other non-City connected business without the prior knowledge and express written approval of the City Council. B. Employee shall concurrently serve as acting City Manager from the commencement of this Agreement until such time as City appoints a new City Manager and such person assumes the duties of office or as otherwise determined by the City Council. As acting City Manager, Employee shall perform the functions and duties of City Manager as specified in the Temecula Municipal Code, the California Government Code and such other legally permissible and proper duties and functions as the City Council may from time to time assign. C. Employee shall report to the City Council which shall also serve as appointing authority for Employee until a new City Manager assumes duty. Thereafter, the City Manager shall serve as appointing authority and may designate appropriate reporting relationships, subject to any limitations imposed by this Agreement. 2. Term. This Agreement is effective for a term of one (1) year commencing January 4, 1999 and continuing through and including January 3, 2000, unless sooner terminated as provided in this Agreement. /// 981203 11086-00001 rae 1510611 0 - 2 - 3. Termination and Resignation. A. City Council may terminate this Agreement and Employee's employment as Deputy City Manager at any time without notice for "cause" and Employee shall be entitled to only the compensation accrued up to the date of termination. As used in this section, "cause" shall mean any of the following: (1) (2) Conviction of any felony. Conviction of a misdemeanor arising directly out of Employee's duties as either Deputy City Manager or acting City Manager, pursuant to this Agreement. (3) Willful abandonment of duties. (4) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body. (5) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of the City and its organizational component units, is detrimental to employee or public safety, violates prope~y established rules or procedures or adversely affects the reputation of the City, its officers or employees. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to Employee providing thirty (30) days prior written notice to the City. /// /// 981203 11086-00001 rac 1510611 0 - 3 - 4. Salary. A. City agrees to pay Employee for the services required by this Agreement a monthly base salary of Eight Thousand Two Hundred and Fifty Dollars and no cents ($8,250.00) and payable on the City's regular paydays. B. The base salary includes the normal car allowance afforded senior management employees of City or employees with duties similar to Employee. The car allowance is intended to reimburse Employee for the use of his private vehicle for City business. City shall not be obligated to provide Employee with a vehicle. C. Employee shall receive the same gerieral salary increases provided to employees included in the Executive Management group. In the event City grants different salary increase amounts to different classifications within the group, Employee shall receive at least the overall average of the increases provided to all members of the Executive Management group. Employee shall receive such increases without the necessity of amending this Agreement. 5. Hours of Work. Employee's duties may involve expenditures of time in excess of eight (8) hours per day, forty (40) hours per week, and may also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation. 6. Retirement and Insurance Benefits. Except as otherwise provided in this Agreement, Employee shall receive such retirement, insurance and other fringe benefits as are provided in the benefits package for employees in the Executive Management group. 981203 11086-00001 rac 1510611 0 - 4 - 7. Leave and Holidays. A. Leave. Employee shall accrue Comprehensive Annual Leave at the rate of 10.67 hours per pay period, which is equivalent to the level provided to employees with ten (10) years seniority in the Executive Management group. Employee shall be eligible for increases in the rate of accrual, if any, as if he entered service on January 4, 1999 with ten (10) years of service. Employee's Comprehensive Annual Leave shall otherwise be subject to the same terms, conditions, limitations and restrictions as apply to other members of the Executive Management group. Employee's seniority shall be calculated according to normal methods for all purposes except Comprehensive Annual Leave or any successor leave program. Employee shall be eligible for such other leave as is provided to employees in the Executive Management group, if any. B. Holidays. Employee shall be entitled to such paid holidays as are provided to employees in the Executive Management group and Employee's salary includes holiday pay. Accordingly, Employee shall not be entitled to any additional salary or compensation for working on a holiday. 8. Memberships. City agrees to pay Employee' s membership dues in the International City Managers Association and Employee shall have a reasonable right to attend meetings of such Association and of the California League of Cities at City expense with prior approval. 9. General Expenses. City recognizes that certain extraordinary expenses of a non-personal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted according to City's normal procedures 981203 11086-00001 rac 1510611 0 - 5 - or such other procedure as may be designated by the City Council and which are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City. To be eligible for reimbursement, all expenses must be submitted by the last day of the month following the month in which they are incurred. 10. Other Terms and Conditions of Employment. The City may, from time to time, fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, Temecula Municipal Code, or other applicable law. 11. Employment Status at Expiration of Agreement. A. Continued Employment. At the expiration of this Agreement on January 3, 2000, Employee may continue in uninterrupted employment with City as its Deputy City Manager. The classification of Deputy City Manager shall be included in the Executive Management group. B. Terms of Continued Employment. Any employment of Employee that extends beyond the term of this Agreement shall be governed by the Temecula Municipal Code, City's Personnel Rules and all other applicable rules and regulations of City as they may apply to Employee's classification. Specifically, and without limitation to other provisions, Employee and the classification of Deputy City Manager shall be exempt from the competitive service under Temecula Municipal Code § 2.60.040, Paragraph A. Further, as provided Temecula Municipal Code § 2.60.040 Paragraph B, Employee shall serve at the will of the appointing authority and may be discharged without cause or right of appeal. /// 981203 11086-00001 rac 1510611 0 ' 6- 12. General Provisions. A. This Agreement contains the entire understanding between the parties relating to the obligations and benefits of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. B. If Employee dies or becomes incapacitated during the term of this Agreement, any accrued and unpaid wages provided by the terms of this Agreement shall be paid by City first to Employee's spouse and, if Employee has no spouse, then to Employee's children. C. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. D. This Agreement shall be effective as of January 4, 1999. 981203 11086-00001 rac 1510611 0 - 7 - IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. CITY OF TEMECULA BY: Attest: Ronald Roberts Mayor Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney EMPLOYEE Shawn D. Nelson 981203 11086-00001 rac 1510611 0 ' 8 ' ITEM 6 APPROVAL CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager December 15, 1998 Little Professor Book Company Request RECOMMENDATION: That the City Council oppose the acquisition of Ingram Book Companies by Barnes & Noble. DISCUSSION: Recently Barnes & Noble announced that they are in the process of acquiring Ingram Book Companies and their subsidiary, Spring Arbor. The attached letter from the owner of the Little Professor Book Company, Sandy Dodson, goes into more complete detail of the business implications of this acquisition. Mr. Dodson's point that the elimination of small independent book dealers will have a significant effect on the reading habits and intellectual freedoms of our citizens is, in staff's opinion, accurate. The Little Professor Book Company is a small locally owned merchant in Temecula and is representative of the vast majority of retailers that make up the universe of small retainers. r:~bradley~agenda98~ittle professor 1 ITEM APPROVAL CITY ATTORNEY DIRECTOR OF FINANG CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Anthony J. Elmo, Chief Building OfficiaF~'_ December 15, 1998 Contract Inspection Services Agreement for JAS Pacific, Inc. RECOMMENDATION: That the City Council: 1. Approve an Agreement for Consultant Services with JAS Pacific Consulting Services, Inc., in the amount of $64,960 to continue providing building inspection services to the Building and Safety Department. 2. Approve an appropriation of $36,960.00 from unreserved fund balance to the Building and Safety budget. DISCUSSION: The Building and Safety Department continues to experience increased volume of inspection activity. Over the next twelve (12) months, inspection activity is anticipated to increase substantially as the mall construction progresses. In an effort to continue to service this increased volume of inspection requests, contract building inspection assistance is being used to supplement the department's core inspection staff. The use of contract inspection services on an as needed basis, gives the Chief Building Official the ability to manage increases in inspection workload in a timely manner as they occur. FISCAL IMPACT: An additional appropriation of $36,960 in Account No. 001-162-999-5118, Temporary Help, is required to fund this contract. ATTACHMENT: Agreement CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of December 15, 1998, between the City of Temecula, a municipal corporation ("City") and JAS Pacific. Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on December 15, 1998 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30. 1999, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed sixty four thousand nine hundred and sixty dollars ($64,960.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. -1- R:~BROCKMEIXAGMTSXjASI.WPD 12/9/98 cb SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. -2- R:XBROCKMEIXAGMTSXJAS 1 .WPD 12/9/98 cb b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the muse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 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. -3- R:XBROCKMEFAGMTSUAS1 .WPD 12/9/98 cb (2) Automobile Liability: property damage. (3) Employer's Liability: disease. $1,000,000 per accident for bodily injury and $1,000,000 per accident for bodily injury or c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) (s) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. -4- R:\BROCKMEIXAGMTSUAS 1 .WPD 12/9/9 8 cb f. Verification of Coverage. Consultant shall fumish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity -5- R:\BROCKMEIXAGMTSklAS1 .WPD 12/9/98 cb to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: JAS, Pacific, Inc. 320 S. Milliken, Ste. C Ontario, CA 91761 Attn: Jason Smith 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only JAS, Pacific, Inc. shall perform the services described in this Agreement. JAS, Pacific, Inc. may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Assistant from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. -6- R:~BROCKMEI\AGMTSUAS1.WPD 12/9/98 cb 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Ronald H. Roberts Mayor Susan W. Jones, CMC Acting City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT JAS PACIFIC, INC. By Jason Smith -7- R:XBROCKMEIXAGMTSXJASI.WPD 12/9/98 cb EXHIBIT A TASKS TO BE PERFORMED Perform combination building inspection on an as-needed basis· -8- R:XB ROCKMEIXAGMTSXJAS 1 .WPD 12/9/98 cb EXHIBIT B PAYMENT SCHEDULE For and in consideration of the Contractor's services, inspection services shall be provided at the rate of $29.00 per hour, plus $.30 per mile for each mile accumulated while performing inspection services for the City. Should the City provide vehicular transportation for Contractor's use, no fees shall be charged for mileage. -9- R:\BROCKMEI\AGMTSXJAS I .WPD 12/9/98 cb ITEM APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer December 15, 1998 Tract Map No. 28553-F, Located South of North General Kearny Road along East Side of Margarita Road  Ronald J. Parks, Deputy Director of Public PREPARED BY: YClement M. Jimenez, Assistant Engineer Works RECOMMENDATION: That the City Council approve 1) Tract Map No. 28553-F in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: The Planning Commission approved Tentative Tract Map No. 28553, November 3, 1997, a sixty eight (68) lot residential subdivision of a 21.79 acre parcel. The City's Planning Department approved Tentative Tract No. 28553 Phasing Map on July 22, 1998, which divided the sixty eight (68) lot subdivision into two (2) phases Tract Map No. 28553-1 with 38 lots and Tentative Tract Map No. 28553-F with 30 lots. The Developer has met all of the applicable Conditions of Approval required prior to recordation of the final map. Tract Map No. 28553-F is a thirty (30) lot single family residential subdivision, of 9.09 net acres, located on the east side of Margarita Road, approximately 1300 feet southwest of the intersection on North General Kearny Road and Margarita Road. The site is currently vacant. The following fees have been deferred for Tract Map No. 28553-F: Public Facilities Development Impact Fee due prior to issuance of occupancy permit. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 28553-F R:~AGDRPT~98~1215~TR28553-FMAP.DOC CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST TRACT MAP NO.: 28553-F The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Public Facility Development Impact Fee Quimby Fees CONDITIONS OF APPROVAL Paid To be paid prior to issuance of occupancy permit Per Condition 58 of the Approved Conditions of Approval, the Park Land dedication requirement (Quimby) for this tract shall be satisfied through the payment of in-lieu fees equal to .88 acres of park land. The fee shall be calculated by multiplying the required amount of park land by the City's then current appraised land valuation as established by the City Manager. 2 ~TEMEC_FS20fiDATA\DEPTS\PW~AGDRP3~98~1215~TR28553-FMAP.DOC CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 28553-F IMPROVEMENTS Street and Drainage Water Sewer Monument TOTAL DATE: December 15, 1998 FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY $ 146,500 $ $ 37,500 $ 30,000 $ 1 O, 500 $ 224,500 73,250 18,750 15,000 107,000 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Public Facilities Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ 0.00 $88,020.00 131.00 8.00 1,350.00 525.00 2,014.00 0.00 * T.B.D. - To Be Determined 3 ~TEMEC_FS201~DATA~DEPTS%PV%AAGDRPT~98~1215~TR28553-F.MAP,DOC 6'ROSS AREA=10.31 AC. NET AREAs9.09 TOTAL NO. LOTS=30 NO. LEH~:RED LOTS=2 0~7~ S~A ~MENT 1RUS lEE SO{LS REPORT IN TI-fE C/TY OF TEM[CULA, COUNTY OF RIV[R$~, STATE or CAUFORINA TRACT NO. 28553-F BEING A SUBDfVISION OF' A PORTION OF LOT 39 OF TRACT MAP NO. 3334 RECOROED IN BOOK 54, PAGES 25 THROUGH 30, INCLUSIVE, OF MAPS, TOGETHER WITH A PORTION OF PARCEL I OF PARCEL MAP NO. 20278 RECORDED IN BOOK 121, PAGES 35 AND 36 OF PARCEL MAPS 1N THE RECORDER'S OFFICE OF RIVERSlOE COUNTY, STATE OF CALFORNIA. VSL ENGINEERING MAY, 1998 NOTARY ACKNOY, LEDGEMENT STA 1E' OF CA/.IFOIWflA)~ COUN OF I~'S/f~/~ AUTH~Z~ C-~PACIT~). AND ~7~AT .gGvArt,.~(S) ON ~E INs~t.,l~vr ZHE .t~SON(S), OR 7HE FN~TY'Y tAX COLLECI'OR~ CERllRCA rE NOTARY ACKNOYtf, EDC,~MENT STALE' OF COUNTY OF ON 8ETO~E M~ il{ U~rR~. ~ NOTA~ R, WUC F~WOSE N~E(S) fS/A~r $UeSCRfaE9 n~ tHE INn~N ~fS,/~r~ ~UI~OMrZ~ caP~on19~), AND n~r TAX BOND CERllRCA lE I HERE~Y CE~iTFY ~IAT A 9OND IN ~HE SUM Gr ~ C/TY ENGINEER~ SrA I'EX(ENT DA TED.. Cfi'Y CLERK SUSAN ~. JONE~ owe ClD' OF TL:IlECULA SCHEDULE '4' $ECFION J6 17£ R3W DATA TABLE /~ / 86 "'~ ,, \84 \ ///32 IN TH~ CITY Otr TEMECULA, COUNTY Or RNERS~. STATE 0%r CALg'ORffiA / / TRACT NO. 28553-F VSL ENGINEERING BEING A SUBDIVISION OF A PORTION OF LOT 39 OF TRACT MAP NO. 3334 RECORD~O IN BOOK 54, PAGES 25 THROUGH 30, ~NCLUSIVE, OF MAPS, TOO~TH[R WITH A PORTION OF PARCEL I OF PARCEL MAP NO. 20278 RECORD~O IN BOOK 127, PA~S 35 AND 36 OF PARCEL MAPS IN T~ RECOR~R'S OFFICE OF RIVERS~ CO~TY, STATE OF CALFOR~A. MAY, 1998 ~c~ e~e~ / ~'~ ~' / / / GEORGE'TORN LANE 11 10 { 12 / I ~ /24 / I ~'~ LOT 40 TRACT NO. 3334 MB 64/26-80 ~f~ e8']7 ,~DW. 2.3' 51~E SHEET 3 2 3 18 ENGINEER'S NOTES 17 29 28 Ya/ e x - / ~ '~ Iiii // / / SHEET 2 OF 4 SHEETS D NOICA I~S R~'CORO DATA ~'R I1~ 180,/~3-g8. TYPE "E" UONtP,~ENr,) BASIS OF BEARINGS ~ Gr B~AF~ IS TAKEN FROM 11{ CL'TqTr~'Or MAROARITA RO~ ENVIRONMENTAL CONSTRAINT NOTE 2 GEORGETOWN LANE I..,, I I I I 14 1 I I I I I I I 144.33' IN TH[ CTTY OF TEM[CULA, COUNTY OF NrV~ftS~, ST&TE Or CALifORNiA TRACT NO. 28553-F BEINO A SUBDIVISION OF A PORTION OF LOT 39 OF TRACT MAP NO. 32;54 RECORDED lee BOOK 54, PAGES 25 THROUGH 30, INCLUSIVE, OF MAPS. TOC.~TH[R WITH A PORTION OF PARCEL I OF PARCEL MAP NO. 20278 RECORDED fN BOOK 127, PAGES 35 AND x6 OF PARCEL MAPS IN THE RECORDER'S OFFICE OF RIVERSfi~ COUNTY, STATE OF CALtFORNIA. VSL ENGINEERING MAY, 1998 LOT 40 TRACT NO, 3334 MB 64/26-30 mfe. es'.~ [[ 7Jz ~ 11 235,97' 257.51' '4.~" / ~/ lQ 11 SEE SHEET 4 DATA TABLE 2D 2f 16 lg 22 / SHEET 3 OF 4 SHEETS ENGINEEI~'S NOTES EASEMENT NOTES Sc'E SHE'T NO, 4 DRAINACE' EASE"MErITS SHALL BE KE~T -~\ \ 17 \ ~\ ~.\ \ \ \ 18 \\ \ \ \ \\ \ \ 30 29 15 16 TRACT MAP NO. 21561 MB 172137'-42 ,,,"" ,~. RyCREBT TRACT NO. 28553-F BEING A SUBDIV}SION OF A PORTION OF LOT 39 OF TRACT MAP NO. 3334 RECORDED IN BOOK 54, PAGES 25 TF~'OUGH 30, INCLUSIVE, OF MAPS, TOGETHER WiTH A PORTION OF PARCEL I OF PARCEL MAP NO. 20278 RECORDED IN BOOK 127, PAGES 35 ANO :36 OF PARCEL MAPS IN THE RECORDER'S OFFICE OF RIVERSIDE COUNTY, STATE OF CALFORNIA. VSL ENGINEERING MAY, 1998 ,e SEE SHEET 3 4 . o,.,,..., .,..,, ... \~,. ~ . ,e'o,'.,' ~ CARLDON WAY - ~ LOT "A" 1~ ~ ~ ',~D -- ,, I t n ~'e'm'sr' [ I ~ I n fe'o;'sf' [I ~ ~ ~ ~ 25 ~ ~ ~ 20 27 4 ) a 144 ............ J ~ j ~ TRACT MAP 21681 DRIVE t 141 SHEET 4 OF 4 SHEETS ENGINEER'S NOTES SLtE' gh'rET NO ~ EASEMENT NOTES DATA TABLE TO CORONA TEMECULA PROPERTY :ANA HAY VICINITY MAP NOT TO SCALE TRACT 28553-F ITEM 9 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council o~c~e;eph Kicak, Director of Public Works/City Engineer cember 15, 1998 Tract Map No. 28526, Located North of Rancho California Road, East of Margarita Road in the Margarita Village Specific Plan No. 199 PREPARED BY: ~ Ronald J. Parks, Deputy Director of Public Works Clement M. Jimenez, Assistant Engineer ~ RECOMMENDATION: That the City Council approve 1) Tract Map No. 28526 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tentative Tract Map No. 28526 was approved on September 8, 1997, expiration date being November 8, 2000. Tract Map No. 28526 is a subdivision of Tract Map No. 23371-3 and is located within Planning Area 36 of Specific Plan No. 199. The Developer has met all of the Conditions of Approval for recordation of the final map. Tract Map No. 28526 is a forty-four (44) lot single family residential subdivision of 6.038 net acres, located north of Rancho California Road, east of Margarita Road and within Temeku Hills. The site is currently vacant. The following fees have been deferred for Tract Map No. 28526: Development Impact Fee due prior to issuance of a building permit Area Drainage Plan Fee due prior to issuance of a building permit. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 28526 ~TEMEC_FS201%DATA%DEPTS~PW~GDRPT~98%1215~TR28526.MAP.DOC CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST TRACT MAP NO. 28526 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee Quimby Fee CONDITIONS OF APPROVAL To be paid pdor to issuance of a building permit To be paid pdor to issuance of a building permit Per a development agreement in Specific Plan No. 199, the City's park land dedication requirements have been satisfied pursuant to future park dedication in Tract 23371-13. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 28526 IMPROVEMENTS Street and Drainage Water Sewer Monument TOTAL DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due * T.B.D. - To Be Determined DATE: December 15, 1998 FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY $ 386,000 $ 193,000 $ 315,000 $ 157,500 $ 129,000 $ 64,500 $ 22,653 $ 852,653 $ 415,000 $ 0.00 $ *0.00 $129,096.00 $ 145.00 $ 8.00 $ 1,630.00 $ 1,132.65 $ 2,915.65 $ 0.00 2 R:~AGDRPT~98~1215~TR28526.MAP.DOC GROSS AREA - 6.038 ACRE5 NET AR~A - 6,038 ACRES NUIEIEREB tOTS = 44 EA. OWNER' S STATEkENT ITsI ITS: TRUSTEE DSL SERVICE CI31~ANy, A CALIFORNIA CORPORATION, TRUSTEE UNDER DEED OF TRUST RECORDED SEPTE~ER 19. 199T AS INSTRUkENT NO. Sq2520 OP DFF[C[AL RECORDS. IN THE CITY OF TEMECLILAo COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 28526 LOTS 148 THROUC~ 164 INCLUSIVE OF TRACT 23371-3 ON FILE, RECORDS (34= RIVERS[O~ COUNTY STATE OF CALIFORNIA, AS PER MAp I~COROER N BO0~ 222 PAU~ 99 T~ItQUGH 113 INCLUSIVE OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAtD COUNTY. RICK ENGINEERING COMPANY NOTARY ACKNOWLEDGMENT STATE OF CALIFDRNIA COUNTY OF NOTARY PIJLIC IN AND FOR SAID STATE NOTARY RJLIC klY CDINISSTON EXPII~S PRINCIPAL PtACE OF ~5[~5S NOTARY ACKNOWLEDGENT DECEMBER 1998 TAX BOND CERTIFICATE [ HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED Ak~ FILED l[TN THE BOARD OF SUPERVISORS OF I~E COUNTY OF RIVERSIDE, CALIFORNIA, CfiNOITIDI. EO UPON THE PAYI~NT OF ALL TAKES, STATE, COUNTY, MNICIPAL ON LOCAL, AND ALL SPECIAL ASSESSIENTS COLLECTE0 AS TAXES, I~[CH AT THE TIRE OF FILING OF THIS NAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAIBPBOPERTYo BUT NOT YET PAYABLE, AND SAID BOND HAS BEEN DULY APPRDVEO BY SAID BOARD UP SUPERVISORS. DATED= OERALD A. MALONEY CLERK OF THE BOARD OF SUPERVISORS DEPUTY TAX COLLECTOR'S CERTIFICATE [ HEREBY CERTIFY THAT ACCORD[NO TO THE RECOUDS DE THIS OFFICE, AS OF THIS DATE, THER~ ARE NO LIENS AGAINST THE PROPERTY SHOIN ON THE I[THIN ~ FOR UNPAIO STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR .~EC[AL ASSESSliNTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSNIgHTS COCLECT~O AS TAXES NOql A LIEN, BUT NOT YET PAYABLE, NHICH ABE ESTIMATED TODE S DATED: PAL~_ McOOII[LL, COUNTY TAX COLLECTOR DEPUTY NOTARY ACKNOWLEDGMENT SHEET 1 OF 5 SHEETS RECORDER'S STATEMENT FILED THIS DAY OF. 19 AT AN/PM IN BOOK J MAPS, AT PAGES , AT THE REOUESI O~ THE CITY CLERK, CITY OF TEMECULA, NO. __GARY L ORSO, COUNTY ASSESSOR, CLERK, RECONDER. rEEl $ DEPUTY $LI~O~VISION GUARANTEE: FIRST AII~RICAN TITLE INSURANCE C~ANY ENGINEER' S STATEMENT [ HEREBY STATE THAT [ AM A PROPESSIONAL CIVIL ENGINDEH BE THE STAE OF CAL[FONNIA Ale THAT THIS NAP CONSISTING OF rIVE CITY ENGINEER'S STATEMENT DATED: JOSEPH KICAK R,C,E. 21775 EXPIRES CITY ENGINEER CITY OP TEII~CULA CITY CLERK'S STATEMENT THE CiTY CI31JNCIL DE THE CITY OC I~NECULA, STATE OF CALIFORNIA, BY ITS CITY CLERK, SUSAN I. J(31(So CMC, HEREBY DATEDI SUSAN N.JONES,CMC CITY CLERK CITY OP TEI[CULA SOILS REPORT A PRELIMINARY SOILS REPORT WAS PREPARED BY Olin CONSULTANTS ON NOVENDER R, 1988, AS REOUIR£O BY THE HEALTH AND SAFETY COR~. THE CITY OF TEMECULA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 5 SHEETS ENGINEER'S NOTES Bo TRACT NO. 28526 LOTS 148 THROUGH 164 INCLUSIVE OF TRACT 23371~3, ON FILE, RECORDS OF RIVERSIDE COUNTY STATE OF CALIFORNIA, AS PER MAP R[C(3(.tQ~R IN BOOK 222 PAGES 99 THROUCH 1t:5 NCI_US[VE O MAPS, 1N THE 18. RICK ENGINEERING COMPANY DECEMBER f996 PROCEDURE OF SURVEY / .~ :,,, //~ tc ~ T ;4 n~ lie]. SPACE Ike .~ / Me 222/e19-113 D£TAIL 'A' EASEMENT NOTES IND[CATES AN [R~EVO CABLE OFFE~ FOe DEDICATION TO TK[ PUBLIC SIDE- WALK PUBLIC UTILITY AND PUBLIC SERVICE5 PURPOSES RECOfG)[D 1/16/97 " TEMECULA m 't ENVIRONMENTAL CONSTRAINT NOTE FOR pFS. mE PJeDE~S TRACT 2337 UNITED STATES (Xc AMERICA FOR SAN DIEGO ~/tpOM~SF~/OP1/I/I~3B( 10/27/49 ~T m. 3,3 ME 222/99- A LEAD Am D/SC SV,~O R.C.E. 33591, ,ILL BE SET FLUSH. ~'~7~0~ ' ' ~INT IN FAV~ OPEN SPACE SCALE I': 200' VICINITY MAP 260 ' ' 6 260 46~O PAR I o AMENDED PM 152/22-3 J PM No, 2 1884 PM 152/22-3 J NO, BEAR I NG O I STANCE EL2 N 78'07'05' · 147,O6] (L3 N I1'S2'S5' E Be. GO) NO, DELTA RADIUS LENCTH [Lq N 48'34'0~' E 103,00] ............................................EL5 N68'16't6' E IOO. O6] (CI 9'15'23' 557,50 90,07] (L6 N 76"07'37' · 129,46) (C2 16'15'37' t07.50 30.51) [L7 N 81'59'22' I 75,50) C3 8T'GO'OO* 42.50 64.53 (L8 N 2'17*40' · ll2.48) C4 86'38'25' 39.00 58,97 (L9 N 87'15'23' · 29, TI] [C5 36"20'11' 277,50 f75,997 CLI0 N 61'44'23' I SO. GO] [C6 9'15'23' 5D0. GO 93,70] LII N 56'44'23' · 3.50 [C7 54'17'44' SGO. OO 264,29] ILl2 N 2'17'40' · No. BEAR I NDD I STANCE [LI4 N 84'30' 19' E13h29] (LIe&N 81'46'53' E 131,29] ILl6 N 19'03'28' E 131,29] [LIT N 76'20'03' E 13h29] ELI8 N 73'36'3T' E 131,293 (LIB N 70'53'12' E 131,293 (L20 N 68'O9'46' E 13h293 (L21 N 65'26'21' E 13h29] (L22 N 61'4T' 19' Ele&9,30) [L23 N 44'52'28' E 125,00) [L24 N 59'08'50' s 115.48] (L25 N 61'30'50' E 50.003 (L26 N 67'15'23' · 50.00] [L27 N 61'30'50' E [L28 N T'13'06' E 27,283 [L29 N 78'00'00' w 303,843 IN THE CITY OF TEMECULA, COUNTY OF RIVERS[DE, STATE OF CALIFORNIA TRACT NO. 28526 LOTS 148 THROUC~ 164 INCLUSIVE OF TRACT 23371-3, ON FILE. R~COitOS OF RIVERS[D~ COUNTY SLATE A OF CALIFOf~NIA, AS PER M P RECO~ IN BO0~ 222 PAGES 99 THROUGH 113 INCLUSIVE OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SHEET 3 OF 5 SHEETS NOTES 1. SEE SHEET 2 FOR EffGIN~ER'S NOTES AND EASE~I~NT NOTES. LOT I DECEMBER 1998 \\ / TRACT 2337J- 15 ..T.S. ' ' ~wt~ ~1 24.~' 4S.~ ~.~, ~, ~l · ~r~ ~ A RANCHO CALIFORNIA R~A~ PAR 10 AMENDED PM NO. 21884 PM J52/22~31 SCALE r= 40' 4'0 ' * ' ~ 4b 8b IN THE CITY OF TEMECUtA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 5 SHEETS TRACT NO. 28526 LOTS 148 THROUGH 164 INCLUSIVE OF TRACT 23371-3, ON FILE, RECORDS (~e RIVERSID~ COUNTY STATE 1. )EASES~EN~TNOZrEFSm' ENG[NEER'S NOTES AND OF CALIFORNIA, AS PER MAP RECORDER IN BOON( 222 PAGES 99 TIltOUCH 113 INCLUSIVE OF MAP~ IN THE OFF CE O~e THE COUNTY RECORDER C~ SAID CO~INTY. RICK ENG|NE'E. RING COMPANY OECEMfIER 1998 ///~i J! .14\i\~ ' ~ BRASSIE LANE L%'OT"'~ ~ // / LDT'H' MB 222/c)9~ I J3 \\ ~ t / / I r,,.,~,,-. ,,.,,~ ,,.~ ""x.~ ,,~. ",;,:"' ,,.,, :~,:,.~.,,. SCALEI I, = 40' 4tO' ' ' 6 4~0 8b PAR 9 AMENDED PM NO, 21884 PMI52/22-3l IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA SHEET 5 OF 5 SHEETS ----- TRACT NO 28526 \ · NOTES LOTS 148 THROUGH 164 INCLUSIVE OF TRACT 23371-3, ON FILE, RECORDS OF RIVERSIDE COUNTY STATE \ OF CALIFORNIA, AS PER MAP I~CQRO~R IN BOQ~ 222 PAC~S 99 THROUCH 113 INCLUSIVE OF MAPS, IN THE 1. EASEI(NT N~1ES. ENGINEER'S NOTES OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SEE SHEETFOR // ~. , ~\ / ./ '--\ /41 ~ 42 \ \ " L ~ ' / / ~FL~J/ \ r'C~>'~ I DETAIL '8' TRACT 23371-3 I 3s.n, ..2~:j ~::;~:i4'''--~ / u.~ MB 222/c~c~~ 113 ~ k~ Nsrso,so~ LOT '8' , J \\ / \ t.I S. / ' / "-~ "'~' "' ~ - ~ '~.7-~~'''''~ ~'~~ ~/~.~r~,.~-~"L,~..j./--'k,.,,, ~ ~ _~ ~~ CALIF0'NIJp~L SCALEI r: 40' 4'o ' ' 6 4~ SHEET I OF 1 RANCHO TEMECULA w~'~ CALIFORNIA ~ TEMECULA N.T.S. VICINITY MAP RICK ENG~G COMPANY g:\d_ 132 12\2 12xbt5.dgn VICINITY IvlAP EXHIBIT SCALE: N/A I DATE: DEC. 3, 1998 PLOT DATE: 02-DEC-1998 JN 13212 ITEM 10 CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council ,,,-Joseph Kicak, Director of Public Works/City Engineer December 15, 1998 SUBJECT: Acceptance of Public Streets into the City Maintained-Street System (Within Tract No. 22915-1) (Southeasterly corner of intersection of Meadows Parkway at Rancho Vista Drive) PREPARED BY.,.,~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACT NO. 22915- 1) BACKGROUND: The Riverside County Road Commissioner and Deputy Clerk of the Board of Supervisors approved Tract No. 22915-1 on May 8, 1990, on behalf of the City of Temecula, for which subdivision agreements and surety bonds were submitted for the construction of street and drainage, and water and sewer system improvements, and subdivision monumentation, by Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes, Inc.) On November 10, 1998, the City Council accepted the public improvements for this tract. The public streets now being accepted by this action are Via Vistana, Code del Cerro, Code Canel, Code Montia, Code Valentine, Code Camara, and podions of Camino de La Torre, Rancho Vista Road, and Via Vasquez. Portion of Meadows Parkway will be accepted into the City Maintained-Road System at such time that the work performed under Assessment District No. 159 and Community Facilities District No. 88-3 is completed and acceptable to Staff and the City Council. FISCAL IMPACT: years. ATTACHMENT: Periodic surface and/or structural maintenance will be required every 5 to 8 Resolution No. 98- with Exhibits "A-B", inclusive. r:\agdrpt\98\1215\tr229151. sts RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACT NO. 22915- 1) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The Riverside County Road Commissioner and Deputy Clerk of the Board of Supervisors, on behalf of the City of Temecula, accepted offers of dedication of certain lots for public road and public utility purposes made by Tayco (Joint Venture of Taylor Woodrow Homes and Costain Homes, Inc.), with the recordation of Tract Map No. 22915-1; and, WHEREAS, The City of Temecula accepted the improvements within Tract No 22915-1 on December 8, 1998. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of 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 at a regular meeting held on the 15th day of December, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) r:\agdrpt\98\1215\tr229151 .$ts I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 15th day of December, 1998, by the following vote: AYES: 0 NOES: 0 ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk r:\agdrpt\98\1215\tr229151 .sts EXHIBIT "A" TO RESOLUTION NO. 98- Accepting the public streets offered to and accepted by the City of Temecula as indicated on Tract Map No. 22915-1, and accepting subject public streets into the City Maintained-Street System as described below: Those lots described as Lot "A" and Lots "C" through "J" inclusive, as shown on Tract Map No. 22915-1, filed 8 May 1990, in Book 217 of Maps, Pgs 41-50 Incl., further described as follows: Lot "A" Lot "B"* * Lot "C" Lot "D" Lot "E" Lot "F" Lot "G" Lot "H" Lot "1" Lot "J" Portion of Rancho Vista Road Portion of Meadows Parkway Via Vistana Corte Canel Corte Montia Portion of Via Vasquez Corte Camara Portion of Camino de La Torre Corte Valentine Corte del Cerro ** To be recommended for acceptance into the City Maintained- Street System when work performed under Assessment District No. 159 and Community Facilities District No. 88-3 is completed and acceptable to Staff and the City Council. r:\agdrpt\98\1215\tr229151. sts EXHIBIT "B" TO RESOLUTION NO. 98 SUBJECT ACCEPTANCE- PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: VICINITY MAP ~ISTA NOTE: MAPS NOT TO SCALE LEGEND STREETS OR PORTIONS OF STREETS TO BE ACCEPTED INTO CITY MAINTAINED STREET SYSTEM ITEM 11 APPROVAL CiTY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council  (/~_/Joseph Kicak, Director of Public Works/City Engineer December 15, 1998 Acceptance of Public Streets into the City Maintained-Street System (Within Tracts No. 22916-2 and 22916-F) (Northeast corner of intersection of Meadows Parkway at Pauba Road) PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACTS NO. 22916-2 AND 22916-F) BACKGROUND: The City Council approved Tracts No. 22916-2 and 22916-F on September 18,1990, and entered into Subdivision Agreements for construction of street and drainage, and water and sewer system improvements, and subdivision monumentation with Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes, Inc.) On December 8, 1998, the City Council accepted the public improvements for these tracts. The public streets now being accepted by this action are: Tract No. 22916-2: Code Carmela, and Via Reina. Tract No. 22916-F: Via Torres, Camino Seneco, Code Bacarro, and portions of Corte Parado and Pauba Road. Portions of Meadows Parkway in both tracts will be accepted into the City Maintained-Road System at such time that the work performed under Assessment District No. 159 and Community Facilities District No. 88-3 is completed and acceptable to Staff and the City Council. FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. ATTACHMENT: Resolution No. 98- with Exhibits "A-B", inclusive. r:\agdrpt\98\1215\tr229162F.sts RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACTS NO. 229'16-2 AND 22916-F) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula accepted offers of dedication of certain lots for street and public utility purposes made by Tayco (Joint Venture of Taylor Woodrow Homes and Costain Homes, Inc.), with the recordation of Tract Maps No. 22916-2 and 22916-F; and, WHEREAS, The City of Temecula accepted the improvements within Tracts No. 22916-2 and 22916-F on December 8, 1998. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of 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 at a regular meeting held on the 15th day of December, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) r:\agdrpt\98\1215\tr229162F. sts I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 15th day of December, 1998, by the following vote: AYES: 0 NOES: 0 ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk r:\agdrpt\98\1 215\tr229162F.sts EXHIBIT "A" TO RESOLUTION NO. 98- Accepting the public streets offered to and accepted by the City of Temecula as indicated on Tract Maps No. 22916-2 and 22916-F, and accepting subject public streets into the City Maintained- Street System as described below: Tract No. 22916-2; Those lots described as Lots "B" and "C", as shown on Tract Map No. 22916-2, filed 21 September 1990, in Book 225 of Maps, Pgs 51-56 Incl., further described as follows: Lot "A"* * Lot "B" Lot "C" Portion of Meadows Parkway Via Reina Corte Carmela Tract No. 22916-F: Those lots described as Lots "B" through "F" Inclusive, as shown on Tract Map No. 22916-F, filed 21 September, 1990, in Book 225 of Maps, Pgs 65-72 Incl., further described as follows: Lot "A"* * Lot "B" Lot "C" Lot "D" Lot "E" Lot "F" Portion of Meadows Parkway Portion of Pauba Road Via Torres Corte Bacarro Portion of Corte Parado Camino Seneco ** To be recommended for acceptance into the City Maintained- Street System at such time that the work performed under Assessment District No. 159 and Community Facilities District No. 88-3 is completed and acceptable to Staff and the City Council. r:\agdrpt\98\1215\tr229162F.sts EXHIBIT "B" TO RESOLUTION NO. 98 SUBJECT ACCEPTANCE_ PUBLIC STREETS INTO THE CITy MAINTAINED-STREET SYSTEM AS INDICATED BELOW: · t o . ,.., -- ,:= ~0 4~ 44 4.G 4~ ~ ~ To Z9 ZS Z7 Z.(, z5 15 IG I] IS 19 ZO Z| PAU A NOTE. MAPS NOT TO SCALE ...... ,~r~ NUT TO SCALE STREETS OR PORTIONS OF STREETS TO BE ACCEPTED INTO CITY MAINTAINED STREET SYSTEM ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~2,~/' CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City ManagedCity Council  Joseph Kicak, Director of Public Works/City Engineer December 15, 1998 SUBJECT: Completion and Acceptance of the Construction Contract for Margarita Road Storm Drain, Project No. PW97-07 PREPARED BY: Michael Wolff, Senior Public Works Inspector - Capital Projects RECOMMENDATION: That the City Council accept the Construction for the Margadta Road Storm Drain Project, Project No. PW97-07; and File Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and: Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: The City Council awarded a contract to Hemet Manufacturing, Inc., dba Genesis Construction in the amount of 330,777.00 for the installation of the pipe, storm drain project on Margarita Road. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCALIMPACT: There was one (1) contract change order for a total project cost reduction of $16,114.80, decreasing the total project cost to $314,662.20. This project was funded by Capital Project Reserves from Account No. 210-165-681-5804. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r:~agdrpt\98\1215~w97-07.acc/ajp 1 RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula. CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Hemet Manufacturing Inc., DBA Genesis Construction, to perform the following work of improvement: Installation of Storm Drain Margarita Road Project No. PW97-07 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on December 15, 1998. That upon said contract the Seaboard Surety Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT NO. PW 97-07. 6. The street address of said property is: Margarita Road Dated at Temecuta, California, this 15'h day of December, 1998. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 15'h day of December, 1998. Susan W. Jones CMC, City Clerk R:\cip\prolects\pw97\pw97-OT\completn.notlalp BOND NO. 361698-98 PREMIUM: INCLUDED CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW97-07 MARGAR/TA ROAD STORM DRAIN KNOWALL PERSONS BY THESE PRESENTS THAT: HEMET MANUFACTURING COMPANY, INC. DBA: GENESIS CONSTRUCTION 170 E. OAKLAND AVENUE, HEMET, CA. 92543 NAME AND ADDRESS OF CONTRACTOR CORPORATION , heroinafter called Principal, and (fill in whether ~ Corporation, Partnership or individua/j SEABOARD SURETY COMPANY 19900 MACARTHUR BLVD., SUITE 680, IRVINE, CA. 92612 NAME AND ADDRESS OF SURETY heroinafter called SURETY, are held and firmly Pound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of THIRTY THREE THOUSAND SEVENTY SEVEN DOLLARS and NO CENTS ($ 33,077.00 ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 25th day Of AuVust , 19 98, a copy of which is hereto aTtached and made e Dart hereof for the construction of PROJECT NO. PW97-O7, MARGARITA ROAD STORM DRAIN. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1} year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was approved on December 15 · 19 98 . NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the said Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work. and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. Signed ancl sealed this 17th day of NOVEMBER · 1998 . (Seal} MAINTENANCE BOND MR- 1 SURETY SEAB~ % RETY COMPANY ATTORNEY-IN-FACT (Name) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney HEMET MANUFACTURING COMPANY PRINCIPAL: DBA: GENESIS CONSTRUCTION Brnce g. Perry [Name) President: (Title) .y: ~'~,~,b:~:iL~%7 l~rnce E. Perry Secretary MAINTENANCE BOND MB-2 TOTRL P.OJ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ' ~'..~::'~C.~'q<l~2~.~-~:~'%~%.~'<:~::~i,~z_~<:~Z~>: State of California County of Rivers ide On November 19, Date personally appeared ] ~..-... NOTaW PUDtiC- Ca:fornia z ~ Riverside County 1998, before me, Tracy A. Bundrant, Notary Public , Name ana 7etle of Officer (e.g., "Jane Doe, Notary Pubhc"l "' Bruce E. Perry , Name(s) of Signer(s) :Z personally known to me LD proved to me on the basis of satisfactory evidence to be the person~a~ whose name(~)(Z:~afe the same in ~~ authorized ::' capacity(j,e~, and that by (E~er/tt'~r signature(IS.) on the instrument the person('~/, or the entity upon behalf of which the person(~. acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ~__,_~Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: NainEenance Bond Document Date: November 17, 1998 Number of Pages: 3 Signer(s) Other Than Named Above: Bare B. Stewart · Capacity(ies) Claimed by Signer ~ Signer's Name: Bruce E. Perry _' Individual :, 2, Z Corporate Officer -- Title(s): President ,; _~ Partner- ~ Limited % General ' % Attorney in Fact % Trustee " % Guardian or Conservator ~_ Other: Signer Is Representing: Hemet Manufacturing Co. , Inc. Top ot thumb here 1997 Nahonal Notary Assoc~abon · 9350 De Soto Ave, P.O Box 2402 · Chatsworth, CA 91313-2402 dba Genesis Construction 2 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 STATE OF CALIFORNIA COUBrI'Y OF SAN DIEGO On NOVEMBER 17, 1998 PERSONALLY APPEARED · before me, BART B. CHRISTINE A. S T EWART PATERSON, NOTARY PUBLIC personally known to me s~ti~fatlo, y-ev~-nee) to be the person(~) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/tl~executed the same ia his/ her/t. he~ authorized capacity(k~), and that by his/l:~,f/ the~ signature(s) on the rostrumeat the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WFFNESS my had and official seal. Signature ~' L'M COMM. ,f 1100753 ~ NO RY PUBLIC. CALIFORNIA e} SAN DIEGO COUNTY y Cornre. Expires June 13, 2got, .; Th,s area rot OffzCLal NotarLal Seal OPTIONAL Though the data below ~s not requzred by law. d may prove valuable to persons relying on the doCument and couk:l prevenl fraudulent rea~tachrnent of thLS form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER - [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: ,~ SEABOARD SIGNER(S) OTHER THAN NAMED ABOVE ~ levy. 6/~ ALL-PURPOSE ACKNOWLEDG EMENT 5607 Certified Copy SEABOARD SURETY COMPA. Y No. 15957 POWER OF ATFORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURE"P~ COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Jarold D. Hall or Sandra J. Little or 3ack T. Warnock or Bart B. Stewart or Valerie M. :eearce or Christine A. :eaterson or Leticia San Martin of San Diego, California its true and lawful Attorney-in-Fact. to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authonzed officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE Vll, SECTION 1: "Policies, bonds, recognizances, stipulajons. consents of surety, underwriting undertakings and instruments relating thereto. Insurance poliaes. Denas. recogn~.ances, sapula~ons. consents of surety and unaerwn~ng underl;akJngS Of the CornOany, and releases. agreefronts and wn~ngs rela~ng In any way ~ereto or to any c=airn or loss thereunder, shall be s~gned in ~e name ana on behalf of th9 Company (a) by 0~e Chairman of ff~e Boan:L ~he Presdent, a Vice-President or a Resinlent Vice-Presiden~ an:2 by ~ Secretan/. an Assistant Secretan/. a Resdent Secretan/or a Resident ~t Secretan/: or (b) by an At~omey-~n-Fact for me Company a~Deinted and aurtonzecl Dy me Chairman of 6~e Beam, re President or a Vice-PresiOent to make such sgnature- or (c) by such o~her officers or represe~ as the Boan:l may fmrn t~me to t~me aeterm,ne. The sea of me Company st~l if a,opropnat;~ De affixecl thereto by any such officer, Attorney-in-Fac~ or representawe," IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-Presidents, and its corporate seal to be hereunto affixed and duly a~tested by one of its Assistant Secretaries, this .......... .1.?..t;h ......................... day of ..... .4~.gp..s..C. .............. 19 .... ~..8.... (Seal) . STATE OF MARYLAND ss.: Michael B. Kee~an vic~P~em COUNTY OF BALTIMORE r ...................................... ~ .................................................... a VicePresident of S~OARD SUR~ COMPANY, am pemonaily acqumnted, who, being by me duly ~om, s~d that he resides in the S~te of ............ ~a~ ........................... ; that he is a Vice-Presidem of S~O~D SUR~ COMP~, ~e co~om~on descnbed in ~d which ex~med the foregoing instmme~ thin he knows the cornorate seal of the said Company; that ~e seal affix~ to said increment is su~ co~omte seal; that ~ was ~ affixed by o~er of ~e Bo~ of Direrore of ~id Compan~ ~d ~at he signed his n~e thereto ~ Vice-President of s~d ~mpany by like (Seal) NOTARY PUBLIC, S~te of Ma~l~d My Commition E~res Aug~ 1,2~2 ....... ~ ..................... : ........ ~' CERTIFICATE I. ~ u~ ~ ~ of S~A~ SU~ ~MP~Y ~ a ~11. ~e ~ m~ ~, B in ~11 b~ ~d e~ on ~Y ~ ~ d ~ ~m ~ ~ ~ S~ARD SUR~ COMPLY. 5~o~ of S~D SUR~ ~Y m a ~ d~ ~ ~ ~ on ~ ~ ~ of ~ 19~. 'RE~LED: (2) ~ m ~ d a p~ b~mile ~fi~on ~ ~ ~ ~ a ~ d m ~me~ m~g ~d ~ ~ a~~ D ~ in ~ ~ ~ ~de VII, ~m 1. ~ like e~ ~." IN W~ESS WHEREOF, I have hereunto set my hand ~d a~ ~e ~omte seal of ~e Comply to thee pmsen~ th~ , To verify the authentictry of this Power of Attorney, call 1-800-421-3880 and ask for the Power of Attomey clerk. Please refer to the Certificate of Authority number, the above-named individuals and the details of the bond to which the power is attached. 83423 (9-98) Pnnted ~n USA CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW97-07 MARGARITA ROAD STORM DRAIN Hemet Manufacturing Co., Inc. This is to certify that dba Genesis Construction , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW97-07, MARGARITA ROAD STORM DRAIN, situated in the City of Temecula, State of California, more particularly described as follows: MarRarita Road Storm Drain, Pro~ect No. PW97-07 INSERT TITLE OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. Dated: November 19, 1998 CONTRACTOR Signature / Bruce E. Perry / President Print Name and Title RELEASE R-1 ITEM 13 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer December 15, 1998 SUBJECT: Completion and Acceptance of the Traffic Signal Installation on Pauba Road at Fire Station 84, Project No. PW97-26 PREPARED BY: ~ Michael Wolff, Senior Public Works Inspector - Capital Projects RECOMMENDATION: That the City Council accept the traffic signal on Pauba Road at Fire Station 84, Project No. PW97-26; and File Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and: Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: The City Council awarded a contract for the installation of a traffic signal at the above referenced location, Project No. PW97-26 to New West Signal, in the amount of $.46,301.00 This project included installation of a traffic signal, safety lighting, emergency vehicle pre-emption equipment, traffic signing and striping, and other ancillary work on Pauba Road at Fire Station 84. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: This project was funded by Traffic Signal Mitigation Fees (DIF) from Account No. 210-165-692-5804. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r:~agdrpt~8\l 215~ow97-26.acc/ajp 1 RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to New West Signal, Inc. to perform the following work of improvement: Traffic Signal Installation at Pauba Road at Fire Station 84 Project No. PW97-26 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on December 15, 1998. That upon said contract the Reliance Surety Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT NO. PW 97-26° 6. The street address of said property is: Pauba Road at Fire Station 84 Dated at Temecula, California, this 15'h day of December, 1998. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 15'h day of December, 1998. Susan W. Jones CMC, City Clerk R:',clp\prolec[slpwe7\pw97-26\completn,nof~talp Bond #P27225468 CITY C,- :EMECULA ENGINEERING DEPARTMENT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW97-26 TRAFFIC SIGNAL INSTALLATION P, IUBA ROAD A r FIRE STATION 84 KNOW ALL PERSONS BY THESE PRESENTS THAT: New West Signal, 10090 Effen St., Ranthe Cucamonga, CA IMII4E AND .4DDRESS OF CONTtMCTO R 91730 Partnership 'ffWI m wheffierm Corlso~fion, Pa~rsh~ oi~vidum~ , hereinefter called Principal, and Reliance Surety Company, 700 N Brand Blvd.,//1250, Glendale, CA 91203 NAME AND ADDhESS OF SUiRETY hereinafter called SURETY, Ire held end firmly bound unto CITY OF TEMECULA, hereinafter Galled OWNER, in th~ penal sum of Forty Si.~ ,Thousand Three Hundred One DOLLARS end, No ......... CENTS I$ 46,301.00. | in lawful money Of the United StltII. laid sum bang not less [han ten pereerrl: (10%) Of the Contract value payable by the said City of Tamecull under the terms of the Contract, for the paymen! of which, we bind ourselves. luccassors and assigns, jointly and severally, firmly by these prosems. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, detlcI the 17th day of March hereto atlachod and made a pitt hereof for the construction of PROJEC~'O. PW97-26, PAUBA ROAD AT FIRE STATION WHEREAS, lead Contra~t provlell that the Pdnctpal will furnilh a bond condltioned to guarantee for ~epldod of ODe (1) year eftIf approval of the find estimate on said job, by the OWNER. egainet all defects in workmenlNp end materials which may become apparent during said period; end WHEREAS, ~le mid Contrlet hl been completed, and was approved on November 4 , 19 98. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS IUCH, that if within one year from the elate of approval of the ~ Contract, the work done under the terms of said Contract shall dlsdoNepOor w~lhtp in the execution of laid work, and the carrying out of the terms of said Contract. or It M1MI ellpelf ~tet dlllctlve materials were furnished thereunder, then this obligation shall remain in full force end vtl. otherwise this instrument shell be void. MAINTENANCE BOND M*I R:~CII~PROJ[CT$%Js~/S?%Pw17-28~gDDoc Signed and **tled this 4th day of November , 1978 . CSe~) SURETY- ce Sure~ty Company 0 tto. ney-In-Fa_ t (Title) APPROVED AS TO FORM: Peter M, Thore{~t, City Atternef PRINCIPId, New West Signal Mark D. Mensen (Namel P~;tner {Title) By: IName) (TItle) MAINTENANCE BOND M.-2 R;~ClP%PROJ[CTS~,FWgT%PWg?o26~BIDDOC STATE OF California COUNTY OF San Bernardino err November 4, 1998 PERSONALLY Ai'FEARED SS. , before me, Oscar P. Viilena Maureen L. Viilena personally kd'~own to me (or proved to me on tile basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), m~d that by his/her/ thek signature(s) on the instrument the person(s), or tl~e entity upon behalf of Wlfich the person(s) acted, executed the instrument. WITNESS my hand and official seal. TINs arca .ti,' QffMal Nola,ia/5c,d OPTIONAL. Though the data below is not required by law, it may prove valuable to persons lely~ng on tile documenl and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER II1LE(S) [] PARTNER(S) UD LIMITED [2] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) ED GUARDIAN/CONSERVATOR [] OTHER:_ DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENt NUMBER OF PAGES DAI'E OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY{IES) Reliance Sure~y _Co_mpany SIGNERrS) OTI4ER TITAN NAMED ABOVE A LL-I~URPOSE ACI(NOVVLIZDG EN1 EN1' RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY. are corporations duly organized under the laws of the Common- wealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Oscar P. Viilena. of Rancho Cucamonga. California their true and lawful Attomey(s)-in-Fact, to make. execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such offwers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE IN- SURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE Vll - B(ECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board~ any Senio~ Vice P~eside~t, any Vice Presiderot or A.~istant Vice Presid~xt c~ offier officer designated by the Board of Dire~o~ shadl have power and authority to (a) appoint Atiorn~(s)-in-Fa~t and to authorize them to execute on behalf of the Compssly, bonds and undertakings, recognizances, contracts of indemnity and other writings obligalory in the natore thereof, and Co) to remove any such Attomey(s)-in-Fact at any time arid revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have powen' and authority, subject to the terms and limitations of the Power of Attorney issued to thern, to execute and ddiver on behalf of the Company, bonds and andestakings, recognizances, contracts of indenmxty and other writings obli,gatoP/in the ham.re thereof. The corporate seal is not necessary for the validly of any bonds and undellskings recognizances, contracts of indemnity and other v.,ritings obligatory in the nature thereof. 3. Attomey(s)-in-Pact shall have power and authority to execute aft'tdavits required to be attached to bonds, recognizances, contracts of indemnity or other eondi~'onal or obligatory underlakinis and they shall also have pov,~ and authority to certify the fmanc~ state~r~tt of the Con'~any and to copies of the By-La,ss of the Company ot any article or section thereof. This Pov,,er of Attorney is sitned and sealed by facsimile under and by authority of the foLiowing re~olution adot~ted by the Executive and Fmanc~ Committees of the Boards of Directors of Relisn~ Insunnce Company, United Pacific Insurerice Company and Rdiance National Indemnity Company by Unanltn,'ms Consent dated as of February 28, 1994 and by the Executive and 17mnn~n| Conm'littee of the Board of Directors of Relisnce Surety Company by Unanimous Consent dated as of March 31, 1994. 'Resolved thai the signatures of such directors and of~.c'~'s and the seal of the Company may be alYtxed to any such Po'sa'~, of Attorney or my eenificatcs rdaljng thereto by facsimile, and any such Pov~x of Attorney or certificato bearing such facsimile si~nstu~es or facsimile seal shall be valid and binding upon the Compssly and any such Po,ser so executed and certified by facsin~ signai~es and fscsimile seal shall be valid and, binding upon the Company, in the furse with respect to any bond or undertakini to v, hich it is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed. this June 25, 1997. STATE OF Washington } COUNTY OF King } ss. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this. June 25. 1997, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup, who acknowtedged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company. and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose there:.n contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 41;h day of November 19 9 8 . Assista~v- :::: ~ !"j 0" ~ '1998 C174 :::':" TLc,,'~D,,u .... ENGINEEP,:,NG DEPARTMEr.~, CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW97-26 TRAFFIC SIGNAL INS TA L LA TION PAUBA ROAD A T FIRE STATION 84 This is to certify that ,/l/~'l,j !.4F~6'7"' ..,4/~,/'¢'2;~L , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW97-26, TRAFFIC SIGNAL INSTALLATION, PAUBA ROAD AT FIRE STATION 84, situated in the City of Temecula, State of California, more particularly described as follows: yP~e ::r:fzc 7'-.,¢xc /~L/ c- ?. ZL ,'ll2~,tr/a'/C _;/A:'-"):',j--- /~'/12/ INSERT TITLE OF WORK HERE ,4~C$"' ,,.,~- The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. CONTRACTOR Print Name and Title RELEASE R-1 R:\CIF~PROJECTS\PV497\PV'/97-26\BIDDOC ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE _~/ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: December 15, 1998 SUBJECT: Consent to Record an Irrevocable Offer of Dedication of Grant Easement for Portion of Lot 539 of Tract No. 3883 PREPARED BY: f'Jf~Ronald J. Parks, Deputy Director of Public Works /~Gerald L. Alegria, Senior Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO THE RECORDATION OF AN IRREVOCABLE OFFER OF DEDICATION OF A GRANT OF EASEMENT FOR DRAINAGE PURPOSES FOR A PORTION OF LOT 539 OF TRACT 3883 FOR PURPOSES OF RECORDATION BUT NOT ACCEPTING THIS DEDICATION AT THIS TIME BACKGROUND: Public Improvement requirements for the development of Tract 23583 necessitate the dedication of an easement for the purposes of storm drain construction. The storm drain alignment and outlet configuration of Tract 23583 require a drainage easement on the off-site property; Lot 539 of Tract 3883. Lot 539 will accept flow from Tract 23583. The Owner of Lot 539 of Tract 3883 has submitted an Irrevocable Offer of Dedication of Grant of Easement to facilitate the installation of the proposed storm drain outlet. Staff recommends that the City Council consent to the recordation of the irrevocable offer of grant of easement, but not accept the dedication until a later date partly contingent on the work being completed satisfactorily. FISCALIMPACT: None ATTACHMENTS: 1. Resolution No. 98- , with Exhibit "A" and Exhibit "B" R:~agdrpt98\1208\TR23583 drainage easementJsmc 1 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO THE RECORDATION OF AN IRREVOCABLE OFFER OF DEDICATION OF A GRANT OF EASEMENT FOR DRAINAGE PURPOSES FOR LOT 539 OF TRACT 3883 FOR PURPOSES OF RECORDATION BUT NOT ACCEPTING THIS DEDICATION AT THIS TIME 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. City Staff has established the requirement for certain improvements as conditions of approval for the development of Tract 23583. B. As part of the construction of the required drainage improvements it is necessary for the owner, Meadowview Community Association, of Lot 539 of Tract 3883 to provide an easement for drainage purposes; C. The owner, Meadowview Community Association, of Lot 539 of Tract 3883, has submitted an Irrevocable Offer of Dedication of Grant of Easement for drainage purposes; D. Recordation of this irrevocable offer of dedication grant of easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to consent to the recordation of the irrevocable offer of dedication the Grant of Easement by the owner, Meadowview Community Association, of Lot 539 of Tract 3883 for drainage purposes as attached hereto as Exhibit "A" and Exhibit "B". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby consents to the recordation of the irrevocable offer of dedication the grant of easement by the owner, Meadowview Community Association, of Lot 539 of Tract 3883, for drainage purposes, for recordation only but does not accept the dedication at this time. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 15th day of December, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC, City Clerk R:\agdrpt98\1208\TR23583 drainage easementJsmc 2 (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 15th day of December, 1998, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:~agdrpt98\1208\TR23583 drainage easement/smc 3 EXEMPT RECORDING REQUESTED BY City, of Temecula PER GOV'T CODE 6103 AND WHEN RECORDED MAIL TO City of Temecula - City Clerk P O Box 9033 Temecula. CA 92589-9033 MAIL TAX STATEMENTS TO City of Temecula P O Box 9033 Temecula, CA 92589-9033 IRREVOCABLE OFFER OF DEDICATION OF GRANT OF NON-EXCLUSIVE EASEMENT The undersigned, being an authorized representative of the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and its successors or assigns, for drainage purposes together with the rights of ingress and egress for maintenance and emergency vehicles, the real property situated in the City of Temecula, County of Riverside, State of California, described in Exhibit "A (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS THEREOF, these presents have executed this instrument this ~'f/q day of ~O-r'7,,,k~F" , 19 Of STATE OF CALIFORNIA } SS. [C~ , before me the undersigned. a Notary Public in and for the State of California, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature OGNOTARY PU~,IC~ALIFORN1A ~ ACCEPTANCE CERTIFICATE Print Name an~l Title Presici~nt, ~a,'lo:nzi~: Cor~mun; :-/ . This is to certify that the interests in real property as set forth in the irrevocable Offer to Dedicate to the City of Temecula, a municipal corporation, is hereby accepted for purposes of recordation by order of the City Council on and City consents to the recordation thereof by its duly authorized officer with the understanding that the City does not. at this time, accept the offer of dedication. CITY OF TEMECULA EXHIBIT "A" OFFSITE DRAINAGE EASEMENT Being a portion of Lot 539 of Tract No. 3883 in the city of Temecula, County of Riverside, State of California as filed in book 63, pages I through 35 inclusive, of maps, in the recorder's office of said county, more particularly described as follows: Commencing at the centerline of Calle Madero and North General Keamy Road North 74°11 '38" West a distance of 97.87 feet; Thence southwesterly, leaving said Calle Madero centedine, South 15°48'22" West a distance of 30.00 feet to a point, said point being on the southerly dght of way line of Calle Madero, said point also being the beginning of a 35.00 foot radius, on a curve concave to the southwesterly, a radial line to said point bears South 15°48'22" West, said point also being the True Point Of Beginning; Thence South 180.45 feet to northwesterly; 74°11 '38" East along said dght of way line of Calle Madero a distance of a point on a curve having a radius of 35.00 feet, concave to the north and Thence along said curve through a central angle of 94°03'35", a distance of 57.46 feet; Thence South 11 °44'47" West a distance of 95.11 feet; Thence North 78°15'13" West a distance of 110.00 feet; Thence North 11044'47'' East a distance of 107.88 feet to a point on a curve concave to the north and west having a radius of 35.00 feet; Thence along said curve to a point on the southerly dght of way line of Calle Madero through a central angle of 85°56'25" distance of 52.50 feet, said point also being the True Point Of Beginning. Containing 15,557 square feet or 0,357 acres. 7 L R. Markham C E 30657 E -31-00 No. 30657 m' D= 85 '56 '25 "D"= "A" R= 55.00'' ' L= 52.50' t T= 52.60' ~ ~/~4 '05 '55" R= ~5.00' z L= 57.46' 'OT ~/ T= 37.57 NO. LOT 54, TRACT NO..3885 SCALE: 1 "= 50' 78'75'13. E ~0.00' I -~/ (- ~0..0657 .~ ' : r i T l ~ 3 ~ / ,' D~WN BY: I OAE: I PR~ECT; A~D SEP. 28, 1998 . EXHIBIT "B" I SHEET 1 OF 1 855 DICK-CON ITEM 15 APPROVAL CITYATTORNEY DIRECTOR OFFINANCE CITYMANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: December 15, 1998 SUBJECT: Accept Offer of Grant of Easement for Drainage Purposes in Portion of Lot 539 of Tract No. 3883 (Southerly of Intersection of Calle Madero at North General Kearny Road) PREPARED BY:/Z'~Ronald J. Parks, Deputy Director of Public Works 2~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF A GRANT OF EASEMENT FOR DRAINAGE PURPOSES FOR A PORTION OF LOT 539 OF TRACT NO. 3883. BACKGROUND: Public Improvement requirements for the development of Tract No. 23583 necessitated the dedication of an easement for the purposes of storm drain construction. The storm drain alignment and outlet configuration of Tract 23583 require a drainage easement on the off-site property; Lot 539 of Tract 3883. Lot 539 will accept flow from Tract 23583. The Owner of Lot 539 of Tract 3883 submitted an Irrevocable Offer of Dedication of Grant of Easement to facilitate the installation of the proposed storm drain outlet for the development. The developer has agreed in the Subdivision Improvement Agreement to indemnify the City and maintain the property until the City accepts the Improvements. The work is progressing faster than anticipated and, therefore, Staff is requesting that the Irrevocable Offer of Grant of Easement be accepted at the same time as Consent to Recordation is made. FISCALIMPACT: None ATTACHMENTS: Resolution No. 98- , with Exhibit "A" and Exhibit "B" R:~agdrpt\98\1215\TR23583 accept drainage easement 1 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF A GRANT OF EASEMENT FOR DRAINAGE PURPOSES FOR A PORTION OF LOT 539 OF TRACT NO. 3883. 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. City Staff has established the requirement for certain improvements as conditions of approval for the development of Tract 23583. B. As part of the construction of the required drainage improvements it is necessary for the owner, Meadowview Community Association, of Lot 539 of Tract 3883 to provide an easement for drainage purposes; C. The owner, Meadowview Community Association, of Lot 539 of Tract 3883, has submitted an Irrevocable Offer of Dedication of Grant of Easement for drainage purposes; De Acceptance of this Irrevocable Offer of Dedication of Grant of Easement serves both the public and private interests of the community. NOW, THEREFORE, BE IT RESOLVED, The City Council of the City of Temecula hereby consents to the recordation of and accepts the Irrevocable Offer of Dedication of Grant of Easement by the owner, Meadowview Community Association, of a portion of Lot 539 of Tract No. 3883 for drainage purposes as attached hereto as Exhibit "A" and Exhibit "B". PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 15th day of December, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC, City Clerk (SEAL) R:~agdrpt\98\1215\TR23583 accept drainage easement 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 15th day of December, 1998, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:'agdrpt\98\1 21 5\TR23583 accept drainage easement 3 EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'T CODE 6103 AND WHEN RECORDED MAIL TO City of Temecula - City Clerk P O Box 9033 Temecula. CA 92589-9033 MAIL TAX STATEMENTS TO City of Ternecula P O Box 9033 Temecuia, CA 92589-9033 IRREVOCABLE OFFER OF DEDICATION OF GRANT OF NON-EXCLUSIVE EASEMENT The undersigned, being an authorized representative of the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the city of Temecula, a political subdivision of the State of California, and its successors or assigns, for drainage purposes together with the rights of ingress and egress for maintenance and emergency vehicles, the real property situated in the City of Temecula, County of Riverside, State of California, described in Exhibit "A (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS THEREOF, these presents have executed this instrument this ~-,n, day of /~47,,,10~r , 19 0;; STATE OF CALIFORNIA } SS. a Notary Public in and for the State of California, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitydes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature COMM. 1'1167974 NOTARY PUBLIC-CALIFORNIA JULIE A. ~ ~~ ACCEPTANCE CERTIFICATE Print Name and Title Presici2nt,/~}~,-~,'io: ,vi~x 7 Conmun~ "7 This is to certify that the interests in real property as set forth in the irrevocable Offer to Dedicate to the City of Temecula, a municipal corporation, is hereby accepted for purposes of recordation by order of the City Council on and City consents to the recordation thereof by its duly authorized officer with the understanding that the City does not, at this time, accept the offer of dedication. CITY OF TEMECULA EXHIBIT "A" OFFSITE DRAINAGE EASEMENT Being a portion of Lot 539 of Tract No. 3883 in the city of Temecula, County of Riverside, State of California as filed in book 63, pages I through 35 inclusive, of maps, in the recorders office of said county, more particularly described as follows: Commencing at the centedine of Calle Madero and North General Keamy Road North 74°11 '38" West a distance of 97.87 feet; Thence southwesterly, leaving said Calle Madero centedine, South 15°48'22" West a distance of 30.00 feet to a point, said point being on the southerly right of way line of Calle Madero, said point also being the beginning of a 35.00 foot radius, on a curve concave to the southwesterly, a radial line to said point bears South 15°48'22" West, said point also being the True Point Of Beginning; Thence South 74°11 '38" East along said dght of way line of Calle Madero a distance of 180.45 feet to a point on a curve having a radius of 35.00 feet, concave to the north and northwesterly; Thence along said curve through a central angle of 94°03'35'', a distance of 57.46 feet; Thence South 11 °44'47" West a distance of 95.11 feet; Thence North 78°15'13" West a distance of 110.00 feet; Thence North 11 °44'47" East a distance of 107.88 feet to a point on a curve concave to the north and west having a radius of 35.00 feet; Thence along said curve to a point on the southerly dght of way line of Calle Madero through a central angle of 85°56'25" distance of 52.50 feet, said point also being the True Point Of Beginning. Containing 15,557 square feet or 0.357 acres. L R. Markham .C.E 30657 -31-00 No. 30657 r. D= 85 '56 25 "-~ R= 35.00' L= 52.50' T= 32.60' ~ol'E: "o"= "/v' N' 57.46' OT 85 ~,, Ii LOT TRACT ~" 'S NO, 3885 , 78'15'13. E laO0, I EXHIBIT "B" DICK-CON ~f L Exp~o. 0S57 ~ ,::::;Tt539, · / /~,O/(C)0f ."~ ~,/"T' / ,' IDATE: ~ PROJECT; SEP. 28. 1998 JOB NO: SHEET 1 OF 1 855 ITEM 16 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager December 15, 1998 Approval of Purchase and Sale Agreements for Acquisition of Real Property for the Overland Overpass Project Prepared by: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council adopt the following Resolution: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND CONNIE HILL AND DEAN HILL That the City Council adopt the following Resolution: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND CONNIE HILL DISCUSSION: On September 22, 1998 the City Council adopted Resolution Nos. 98-94 and 98-95 declaring the necessity of acquiring certain interests in real property from Connie Hill and Dean Hill for construction of the Overland Overpass, and specifically the western portion of the Overpass at r:~bradley\agenda98\1480930 1 Jefferson Avenue. The Staff continued negotiations with the representatives of the Hills and have now reached agreement on the terms of the acquisition of the property interests. The Purchase and Sale Agreements provide for the conveyance of fee rights of way, pile maintenance easements, settlement easements, temporary construction easements, and sewer, ingress and egress easements. Two purchase agreements are required because of the different ownerships. The purchase price for these interests in real property is a combined $200,000 ($25,000 to Dean Hill and $175,000 to Connie Hill). Additionally, the City agrees to install water and sewer connections for the remainder properties as part of the Project (Section 17 of both agreements) and to not charge the properties for street improvements reasonably associated with the Overland Overpass Project (Section 19 of both agreements). The Agreements include the City's standard terms for the acquisition of real property through escrow, Escrow will close quickly as the City has completed its due diligence and approved the title report for the properties to be acquired. FISCAL IMPACT: Adequate funds have been appropriated in the Overland Overcrossing Capital Improvement Project budget for this land acquisition. The land acquisition will be funded by Community Facilities District 88-12. r:~bradley\agenda98\1480930 2 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND CONNIE HILL AND DEAN HILL THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. The City Council adopted Resolution Numbers 98-94 and 98-95 declaring the necessity to acquire certain interests in real property of Connie Hill and Dean Hill. b. Following the adoption of said Resolution, the parties have agreed to terms for the acquisition of such interests in real property which are set forth in the attached Purchase and Sale Agreement and Escrow Instructions. Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement and Escrow Instructions" dated as of December 15, 1998 by and between the City of Temecula and Connie Hill and Dean Hill and authorizes the Mayor to execute the Agreement on behalf of the Agency in substantially the form attached hereto as Exhibit A. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, or certifications, as may be necessary or convenient to implement the terms of said Agreement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this __day of ,1998. ATTEST: Ronald Roberts, Mayor Susan Jones, CMC City Clerk R:~bradley~agenda98\1480931 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this day of ,1998, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan Jones, CMC City Clerk R:\bradley\agenda98\1480931 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND CONNIE HILL THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. The City Council adopted Resolution Numbers 98-94 and 98-95 declaring the necessity to acquire certain interests in real property of Connie Hill and Dean Hill. b. Following the adoption of said Resolution, the parties have agreed to terms for the acquisition of such interests in real property which are set forth in the attached Purchase and Sale Agreement and Escrow Instructions. Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement and Escrow Instructions" dated as of December 15, 1998 by and between the City of Temecula and Connie Hill and authorizes the Mayor to execute the Agreement on behalf of the Agency in substantially the form attached hereto as Exhibit A. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, or certifications, as may be necessary or convenient to implement the terms of said Agreement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this __ day of ,1998. ATTEST: Ronald Roberts, Mayor Susan Jones, CMC City Clerk R:~bradley~agenda98\1480931.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this day of ,1998, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan Jones, CMC City Clerk R: \bradlcy\agcnda98\ 1480931.1 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (Escrow 74038A- 1 ) THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this "Agreement") for Escrow Number 74038A (this "Escrow") at First American Title Insurance Company is dated and entered into as of December __, 1998 (the "Effective Date") by and between Connie Hill and Dean Hill (collectively "Seller"), and THE CITY OF TEMECULA, a public body, corporate and politic ("Buyer" or "City"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. Seller is the owner of the real property described and depicted in Exhibit "A" attached hereto and incorporated herein by this reference (the "Fee Property"). B. Seller has the legal right to convey to Buyer certain easement property described and depicted in Exhibit "B" attached hereto and incorporated herein by this reference (the "Easement Property"). The Fee Property and the Easement Property may collectively be referred to herein as the "Property". C. Seller desires to sell and Buyer desires to buy, the Property on the terms and conditions set forth herein. D. The Close of Escrow (as defined herein) shall occur concurrently with the Close of Escrow for Escrow Number 74038A held by Escrow Holder (the "Concurrent Escrow"). NOW THEREFORE, in consideration of the foregoing premises, operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1. Purchase and Sale. On the Close of Escrow, Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 2. Purchase Price. The total purchase price (the "Purchase Price") for the Property which is the subject of this Escrow is the sum of Fifty Thousand Dollar ($50,000), which shall be paid in full in cash on the concurrent closing of this Escrow and the Concurrent Escrow. The Purchase Price shall be payable as follows: (a) $25,000 to Dean Hill 981108 11086-00001 sj 1491463.1A 0 (b) $25,000 to Connie Hill 3. Title and Title Insurance. Buyer has ordered from Escrow Holder a title commitment for the Property and copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Buyer's interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b) Those non-monetary exceptions approved by Buyer within fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such excep- tions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's title to the Property shall be free and clear of all monetary encumbrances. 4. Deeds. (a) Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Real Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. (b) Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow sufficient Deeds duly executed and acknowledged by Seller, granting and conveying to Buyer the Easement Property. The Deeds for the Easement Property shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: -2- 981108 11086-00001 sj 1491463.1A 0 (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain a partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 11; and (C) Seller shall have deposited in Escrow the Deeds required by Section 4. (d) The Concurrent Escrow concurrently closes concurrently with this Escrow. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed and the Deeds conveying the Easement Property. 6. Escrow. The parties hereby establish this Escrow to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Deeds to Buyer are delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring thirty (30) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Char~es and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Deeds and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way 981108 11086-00001 sj 1491463.1A 0 ' 3 ' connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be flee and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (b) That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. (c) Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (d) There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to indemnify, defend and hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, -4- 981108 11086-00001 sj 1491463.1A 0 arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. (e) There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any pan thereof. (f) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. Buyer' s Contineencies. For the benefit of Buyer, the Close of Escrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to 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) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (b) The delivery of all documents pursuant to Sections 4 and 12 hereof. (c) Title Company's irrevocable commitment to issue in favor of Buyer of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's interest in the Property subject only to the Permitted Title Exceptions. (d) Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Buyer might perform prior to the Close of Escrow. 11. Seller's Contingencies. For the benefit of Seller, the Closing of Escrow and the Seller's obligation to consummate the sale of the Property shall be contingent upon and subject to 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) That as of the Close of Escrow the representations and warranties of Buyer contained in this Agreement are all true and correct. (b) The delivery of the Purchase Price pursuant to Section 2 hereof. (c) The delivery of all documents pursuant to Section 4 hereof. 12. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice 981108 11086-00001 sj 1491463.1A 0 ' 5 ' pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 13. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and this Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 14. 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, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: City Manager COPY TO: Richards, Watson & Gershon 333 So. Hope St., 381h F1. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: Dean and Connie Hill 27622 Jefferson Ave. Temecula, California 92590 ESCROW HOLDER First American Title Company 323 West Court Street San Bernardino, California 92401 Attention: Lee Ann Adams 15. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify, defend and hold harmless Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, incurred in defending or paying any such claims. -6- 981108 11086-00001 sj 1491463.1A 0 16. Full Payment of All Obligations of City. Except as provided for in Paragraphs 17 and 18 herein, it is understood and agreed between Seller and Buyer that the payment made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 17. Water and Sewer Connections. Notwithstanding the terms and provisions of Paragraph 16 herein, the City shall modify the Overland Overpass Construction Contract to include the construction of sewer and water connections to the real property described and depicted on Exhibit C attached hereto and incorporated herein by this reference (the "Remainder Property"). The sewer and water connections shall be reasonably sufficient in size to service structures comparable to the structures located on the properties adjacent to the Remainder Property. 18. Additional Compensation in the Event Construction Period Exceeds 18 Months. The parties acknowledge that the Property is subject to a temporary construction easement (the "TCE") and that the parties have agreed on the Purchase Price based on the assumption that the City will utilize the TCE for approximately 18 months. In the event the City requires the use of the TCE for a period exceeding 18 months, the City shall compensate Seller for use of the TCE in excess of 18 months. As an agreement between Buyer and Seller of which you are not to be concerned the sum of (i) the total compensation for the TCE which is the subject of this Escrow, and (ii) the total compensation for the TCE which is the subject of the concurrent Escrow shall not exceed $1,837.50 per month. As an agreement between the Seller in this Escrow and the Seller in the Concurrent Escrow of which you are not to be concerned, the Seller in this Escrow and the Seller in the Concurrent Escrow shall allocate the additional compensation received as a result of the TCE, if any, outside of this Escrow on a square foot basis. Notwithstanding the foregoing, the 18 month period of use of the TCE shall not begin until the City actively uses the TCE for construction purposes. 19. Char~es to Seller for Street Improvements. The City shall not charge the Seller for street improvements reasonably associated with the construction of the subject project (including, without limitation, medians, driveways or other street improvements solely arising out of the subject project); provided, however, upon completion of the subject project, nothing shall limit the City's ability to assess Seller for general street improvements. -7- 981108 11086-00001 sj 1491463.1A 0 20. Hazardous Substances. Buyer shall remove any "hazardous materials", including without limitation, toxic substances, materials, wastes or contaminants which are caused solely out of the Overland Overpass Construction Contract. Notwithstanding the foregoing, Buyer shall not be responsible for the removal of any hazardous materials from the Property if such hazardous materials are determined to solely arise out of any matter, reason, or cause other than the Overland Overpass Construction Contract. 21. Temporary Construction Fence. The City shall boundaries of the Property and the Southerly and Westerly boundaries of the Remainder Property. The City shall install a temporary fence for the duration of construction. 22. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. In the event the Seller has specific comments during the construction period of the subject project, the Seller shall contact the City's Director of Public Works unless and until the City designates an alternative contact person, in writing. 23. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 24. Miscellaneous (a) Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire A~,reement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assians. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. (e) Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and -8- 981108 11086-00001 sj 1491463.1A 0 each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. (f) Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (g) City Manager Authority. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, easement documents, escrow instructions and amendments thereto, certificates of acceptance, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 25. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 26. Assienment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. (Signatures Follow) 981108 11086-00001 sj 1491463.1A 0 9 SELLER Connie Hill Dean Hill BUYER THE CITY OF TEMECULA, a public body, corporate and politic: ATTEST: Ron Roberts, Mayor By Susan W. Jones, CMC City Clerk APPROVED AS TO FORJ~: By Peter M. Thorson City Attorney 981108 11086-00001 sj 1491463.1A 0 - lO - EXHIBIT "A" Legal Description of the Property THAT PORTION OF LOT 116 OF THE MURRIETA PORTION OF THE TEMECULA RANCHO, IN THE COUNTY F RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP OF THE LANDS OF TEMECULA LAND AND WATER COMPANY, ON FILE IN BOOK 8 PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF APRICOT STREET AND THE CENTER LINE OF GARFIELD AVENUE; THENCE NORTHWESTERLY, ON THE CENTER LINE OF GARFIELD AVENUE, 115 FEET, TO THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ON THE CENTER LINE OF GARFIELD AVENUE, 105 FEET; THENCE NORTHEASTERLY, PARALLEL WITH THE CENTER LINE O F APRICOT STREET, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED SEPTEMBER 7, 1950 AS INSTRUMENT NO. 695; THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF SAID PARCEL, TO A LINE WHICH IS NORTHEASTERLY FROM THE TRUE POINT OF BEGINNING PARALLEL WITH THE CENTER LINE OF APRICOT STREET; THENCE SOUTHWESTERLY, PARALLEL WITH THE CENTER LINE OF APRICOT STREET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHWESTERLY 50.00 FEET THEREOF. 9s~xos ~mose-oooo~ sj z49z463.mA o - 11 - EXHIBIT "B" Easement Property 1. Temporary Construction Easement 981108 11086-00001 sj 1491463.1A 0 - ]2 - EXHIBIT "A" CITY OF TEMECULA OVERLAND DRIVE T~.MPORARY CflN.qTRITO-TTON ~.A~q~.~F. NT' HILL TO THE CITY OF TEMECULA BEING A PORTION OF LOT 116 AS SHOWN ON MAP OF THE LANDS OF THE TEMECUT/ LAND AND WATER COMPANY FILED IN BOOK 8 PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE, BEING THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED OCTOBER 2, 1987 AS INSTRUMENT NO. 287177, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO CONNIE M. HILL RECORDED APRIL 26, 1976 AS INSTRUMENT NO. 55729, RECORDS OF SAID COUNTY; ~ THENCE, ON THE NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE AS DESCRIBED IN SAID DEED, NORTH 37°41'39n WEST, 105.00 FEET TO THE SOUTHEASTERLY LINE OF PARCEL MAP NO. 22886 RECORDED IN PARCEL MAP BOOK 165, PAGES 87 AND 88, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE, ON SAID LINE, NORTH 44°52'17* EAST, 15.00 FEET; THENCE, LEAVING SAID LINE, NORTH 71°26'10, EAST, 74.30 FEET; THENCE, SOUTH 37°03'55' EAST, 71.60 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN DEED TO CONNIE M. HILL, LYING 85.00 FEET NORTHEASTERLY OF SAID POINT OF BEGINNING; ' THENCE, ON SAID NORTHWESTERLY LINE, SOUTH 44°52'17' WEST, 85.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,728.25 SQUARE FEET OR 0.18 ACRES MORE OR LESS PREPARED UNDER THE SUPERVISION OF: JAMES A. DRENON, JR. , P.L.S. 6153 EXPIRES 3/31/02 DATE EXHIBIT "B" P.M. 22BS6 · .,'lr~f/.87-.BB XX , TEMPORARY CONSTRUCTION ~ ,' EASEMENT , i ~ ,' 7728.25 SO. FT. O. ~8 ACRES , *. ~ II I / 0~~ POR, LOT J'lB M.B. 8/.3'50 B.D. CO. MAPS JNBT', NO, "J37509 REC'D, ~2-2-7-J ]NBT, NO, 55729 RE..C,n 'D. 4 -20- 70 / / / / / / / / / / / / / / / / / / iENGINEERING VENTURES, INC. LAND PLANNING v, CIVIL ENGINEERING LAND SUR'VD'IH~ · ~3~oo R~DCE P,~qK Dt~ , t 2~ · T~EC~ · ~ · 92590 ~ ~L I (9~) 69~64~ r~ t (909) 699-~69 JOB NO: SHEET 1 OF 1 238-4H TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "C" Legal Description of Remainder Property 981108 11086-00001 sj 1491463.1A 0 - 1~ - PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (Escrow 74038A) THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this "Agreement") for Escrow Number 74038A (this "Escrow") at First American Title Insurance Company is dated and entered into as of December __, 1998 (the "Effective Date") by and between Connie Hill, an unmarried woman ("Seller"), and THE CITY OF TEMECULA, a public body, corporate and politic ("Buyer" or "City"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. Seller is the owner of the real property described and depicted in Exhibit "A" attached hereto and incorporated herein by this reference (the "Fee Property"). B. Seller has the legal right to convey to Buyer certain easement property described and depicted in Exhibit "B" attached hereto and incorporated herein by this reference (the "Easement Property"). The Fee Property and the Easement Property may collectively be referred to herein as the "Property ". C. Seller desires to sell and Buyer desires to buy, the Property on the terms and conditions set forth herein. D. The Close of Escrow (as defined herein) shall occur concurrently with the Close of Escrow for Escrow Number 74038A-1 held by Escrow Holder (the "Concurrent Escrow"). NOW THEREFORE, in consideration of the foregoing premises, operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1. Purchase and Sale. On the Close of Escrow, Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 2. Purchase Price. The total purchase price (the "Purchase Price") for the Property which is the subject of this Escrow is the sum of One Hundred and Fifty Thousand Dollars ($150,000), which sum shall be paid in full in cash on the concurrent closing of this Escrow and the Concurrent Escrow. The Purchase Price shall be payable to Seller. 3. Title and Title Insurance. Buyer has ordered from Escrow Holder a title commitment for the Property and copies each of all instruments identified as exceptions on said 981108 11086-00001 sj 1491463.A 0 title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Buyer's interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b) Those non-monetary exceptions approved by Buyer within fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such excep- tions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's title to the Property shall be free and clear of all monetary encumbrances. 4. Deeds. (a) Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Real Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. (b) Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow sufficient Deeds duly executed and acknowledged by Seller, granting and conveying to Buyer the Easement Property. The Deeds for the Easement Property shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain a partial reconveyance, if necessary, of any monetary -2- 981108 11086-00001 sj 1491463.A 0 liens encumbering the Property, so that the Property shall be flee and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 11; and (C) Seller shall have deposited in Escrow the Deeds required by Section 4. (d) The Concurrent Escrow concurrently closes concurrently with this Escrow. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed and the Deeds conveying the Easement Property. 6. Escrow. The parties hereby establish this Escrow to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Deeds to Buyer are delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring thirty (30) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow COSTS. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Deeds and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such -3- 981108 11086-00001 sj 1491463.A 0 event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be flee and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (b) That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. (c) Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (d) There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to indemnify, defend and hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. -4- 981108 11086-00001 sj 1491463.A 0 (e) There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. (f) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. Buver's Contingencies. For the benefit of Buyer, the Close of Escrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to 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) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (b) The delivery of all documents pursuant to Sections 4 and 12 hereof. (c) Title Company 's irrevocable commitment to issue in favor of Buyer of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's interest in the Property subject only to the Permitted Title Exceptions. (d) Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Buyer might perform prior to the Close of Escrow. 11. Seller's Contin~,encies. For the benefit of Seller, the Closing of Escrow and the Seller's obligation to consummate the sale of the Property shall be contingent upon and subject to 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) That as of the Close of Escrow the representations and warranties of Buyer contained in this Agreement are all true and correct. (b) The delivery of the Purchase Price pursuant to Section 2 hereof. (c) The delivery of all documents pursuant to Section 4 hereof. 12. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 981108 11086-00001 sj 1491463.A 0 - 5 - 13. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and this Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 14. 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, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: City Manager COPY TO: Richards, Watson & Gershon 333 So. Hope St., 381h F1. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: Connie Hill 27662 Jefferson Ave. Temecula, California 92590 ESCROW HOLDER First American Title Company 323 West Court Street San Bernardino, California 92401 Attention: Lee Ann Adams 15. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify, defend and hold harmless Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, incurred in defending or paying any such claims. 16. Full Payment of All Obligations of City. Except as provided for in Paragraph 17 herein, it is understood and agreed between Seller and Buyer that the payment made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and -6- 981108 11086-00001 sj 1491463.A 0 complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 17. Water and Sewer Connections. Notwithstanding the terms and provisions of Paragraph 16 herein, the City shall modify the Overland Overpass Construction Contract to include the construction of sewer and water connections to the real property described and depicted on Exhibit C attached hereto and incorporated herein by this reference (the "Remainder Property"). The sewer and water connections shall be reasonably sufficient in size to service structures comparable to the structures located on the properties adjacent to the Remainder Property. 18. Additional Compensation in the Event Construction Period Exceeds 18 Months. The parties acknowledge that the Property is subject to a temporary construction easement (the "TCE") and that the parties have agreed on the Purchase Price based on the assumption that the City will utilize the TCE for approximately 18 months. In the event the City requires the use of the TCE for a period exceeding 18 months, the City shall compensate Seller for use of the TCE in excess of 18 months. As an agreement between Buyer and Seller of which you are not to be concerned the sum of (i) the total compensation for the TCE which is the subject of this Escrow, and (ii) the total compensation for the TCE which is the subject of the concurrent Escrow shall not exceed $1,837.50 per month. As an agreement between the Seller in this Escrow and the Seller in the Concurrent Escrow of which you are not to be concerned, the Seller in this Escrow and the Seller in the Concurrent Escrow shall allocate the additional compensation received as a result of the TCE, if any, outside of this Escrow on a square foot basis. Notwithstanding the foregoing, the 18 month period of use of the TCE shall not begin until the City actively uses the TCE for construction purposes. 19. Char~es to Seller for Street Improvements. The City shall not charge the Seller for street improvements reasonably associated with the construction of the subject project (including, without limitation, medians, driveways or other street improvements solely arising out of the subject project); provided, however, upon completion of the subject project, nothing shall limit the City's ability to assess Seller for general street improvements. 20. Hazardous Substances. Buyer shall remove any "hazardous materials", including without limitation, toxic substances, materials, wastes or contaminants which solely arise out of the Overland Overpass Construction Contract. Notwithstanding the foregoing, Buyer shall not be responsible for the removal of any hazardous materials from the Property if such hazardous -7- 981108 11086-00001 sj 1491463.A 0 materials are determined to arise from any matter, reason, or cause other than the Overland Overpass Construction Contract. 21. Temporary Construction Fence. The City shall boundaries of the Property and the Southerly and Westerly boundaries of the Remainder Property. The City shall install a temporary fence for the duration of construction. 22. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. In the event the Seller has specific comments during the construction period of the subject project, the Seller shall contact the City's Director of Public Works unless and until the City designates an alternative contact person, in writing. 23. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 24. Miscellaneous (a) Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire AI/reement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. (e) Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election -8- 981108 11086-00001 sj 1491463.A 0 of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. (f) Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (g) City Manager Authority. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, easement documents, escrow instructions and amendments thereto, certificates of acceptance, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 25. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 26. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. (Signatures Follow) 981108 11086-00001 sj 1491463.A 0 - 9 - SELLER Connie Hill BUYER THE CITY OF TEMECULA, a public body, corporate and politic: ATTEST: Ron Roberts, Mayor By Susan W. Jones, CMC City Clerk APPROVED AS TO FORNI: By Peter M. Thorson City Attorney 981108 11086-00001 sj 1491463.A 0 - I0 - EXHIBIT "A" Legal Description of the Property THAT PORTION OF LOT 116 OF THE MURRIETA PORTION OF THE TEMECULA RANCHO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP OF THE LANDS OF THE TEMECULA LAND AND WATER COMPANY ON FILE IN BOOK 8 PAGE 359 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF APRICOT STREET AND THE CENTER LINE OF GARFIELD AVENUE; THENCE NORTHWESTERLY ON THE CENTER LINE OF GARFIELD AVENUE, 115.00; FEET; THENCE NORTHEASTERLY, PARALLEL WITH THE CENTER LINE O APRICOT CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED SEPTEMBER 7 1950 AS INSTRUMENT NO. 695 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTHEASTERLY, ON THE SOUTHWESTERLY NINE OR SAID PARCEL. 115.00 FEET, TO THE CENTER LINE OF APRICOT STREET, THENCE SOUTHWESTERLY, ON THE CENTER LINE OF APRICOT STREET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION OF GARFIELD AVENUE; ALSO EXCEPTING THEREFROM THAT PORTION AS CONVEYED T THE COUNTRY OF RIVERSIDE BY DEED RECORDED OCTOBER 2, 1987 AS INSTRUMENT NO. 387178 OF OVERALL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 981108 11086-00001 Sj 1491463.A 0 ' ] 1 ' 2. 3. 4. 5. 6. EXHIBIT "B" Easement Property Temporary Construction Easement Overland Drive Fee Right-of-Way Overland Drive Fee Right-of-Way Overland Drive - Pile Maintenance Easement Overland Drive Settlement Easement 30' E.M.W.D. Sewer, Ingress and Egress Easement 981108 11086-00001 sj 1491463.A 0 ' 12 - EXHIBIT "A" CITY OF TEMECULA OVERLAND DRIVE TEMPORARY CONSTRUCTION EASEMENT HILL TO THE CITY OF TEMECULA BEING A PORTION 'OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN GRANT DEED TO CONNIE M. HILL RECORDED APRIL 26, 1976 AS INSTRUMENT NO. 55729, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST'WESTERLY CORNER OF PARCEL 1 AS SHOWN ON PARCEL MAP NO. 23830 RECORDED IN PARCEL MAP BOOK 157 PAGES 100 AND 101, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID CORNER ALSO BEING THE INTERSECTION OF THE CENTERLINE OF APRICOT STREET (VACATED) AS SHOWN ON MAP OF THE LANDS OF THE TEMECULA LAND AND WATER COMPANY, FILED IN BOOK 8 PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, WITH A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE AS SHOWN ON SAID PARCEL MAP NO. 23830 AND DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED SEPTEMBER 6, 1983 AS INSTRUMENT NO. 182016, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE, ON THE CENTERLINE OF SAID APRICOT STREET, SOUTH 44°52'17' WEST, 0.38 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE (FORMERLY GARFIELD AVENUE) BEING THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED OCTOBER 2, 1987 AS INSTRUMENT NO. 287178, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE, ON THE NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE AS DESCRIBED IN SAID DEED, NORTH 37°41'39' WEST, 36.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID RIGHT OF WAY LINE, SOUTH 87°29'19' EAST 2.56 FEET THENCE, NORTH 05°58'24' EAST, 7.67 FEET; THENCE, NORTH 51°39'58' EAST, 100.00 FEET; THENCE, NORTH 52°49'55, WEST, 87.93 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN SAID DEED TO CONNIE M. HILL, LYING 85.00 FEET NORTHEASTERLY OF THE INTERSECTION OF SAID NORTHWESTERLY LINE WITH THE NORTMEASTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE AS DESCRIBED IN SAID DEED TO THE COUNTY OF RIVERSIDE, RECORDED AS INSTRUMENT NO. 287178; THENCE, ON SAID NORTHWESTERLY LINE, SOUTH 44°52'17' WEST, 85.00 FEET TO SAID NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE; THENCE, ON SAID RIGHT OF WAY LINE, SOUTH 37°41'39' EAST, 78.89 FEET TO THE TRUE POTNT OF BEGINNING. CONTAINING 7,752.41 SQUARE FEET OR 0.18 ACRES PREPARED UNDER THE SUPERVISION OF: JAMES A. DRENON, JR., P.L.S. 6153 EXPIRES 3/31/02 DATE EXHIelT "B" V POR, L O T :116 · ,,q,D, On.O, MAPS ENGINEERING VENTURES, INC. LAND PI. ANNINC · CIVIL ENF~INEERING' LAND SURVEYING ~,3,500 RIDGE PARK DR · # 202 · I'['MECULA ° CA , 92590 TEL I (909) e99-6~I50 FAX f (909) 699--3589 J.D. B-28-9~ SCALD 1=40' TEMPORARY CONSTRUCTION EASEMENT 7,752.41 SO. F"F. 0. 18 ACRES JNST, NO, 55729 REC'D. 4-26-76 / / / / / / ,~p, PAR, '] , M, 157/-10,0-I0-~ DETAIL JOB NO: SHEET 1 OF . 1 238-4H 7~'MPORARY CONSTRUCTION EASEMENT April 25, 1996 W.O. 9012240-03 EXHIBIT "A" City of Temecula Overland Drive Fee Riqht-of-WaV Connie M, Hill, et, al,, to the CIty of Temecula That portion of Lot 116 and Apricot Street (vacated), as shown by map of The Lands of the Temecula Land and Water Company, on file in Book 8 of Maps at Page 359 thereof, Records of San Diego County, California, of described parcel of land: COMMENCING at the most Northerly corner of Par~:el 1 of Parcel Map 23830, as shown by map on file in Book 157 of Parcel Maps at Pages 100 and 101 thereof, Records of Riverside County, California, said corner being on the centerline of said Apricot Street (vacated); Thence S.44°52'17"W. along the Northwesterly line of said Parcel 1, also being along said centerline of Apricot Street (vacated), a distance of 11.61 feet; Thence S.39°52'37"W., a distance of 61.63 feet; Thence Southwesterly on a curve concave Northwesterly, having a radius of 735.00 feet, through an angle of 01°23'38", an arc length of 17.88 feet; Thence S.48°43'45"E., a distance of 8.25 feet to the Point of Beginning of the parcel to be described; Thence continuing S.48°43'45"E., a distance of 86.00 feet; Thence S.39°52'37'W., a distance of 37.16 feet; Thence Southwesterly on a curve concave Northwesterly, having a radius of 611.00 feet, through an angle of 18°12'26', an arc length of 194.16 feet; Thence S.58~05'03"W., a distance of 34.31 feet; Thence S.10°39'38"W., a distance of 34.23 feet to the Southwesterly line of said Parcel 1, also being the Northeasterly line of parcel conveyed to the County of Riverside by Deed recorded September 6, 1983 as Instrument No. 182016, Official Records of Riverside County, California; Thence N.34°55'13"W. along said line, a distance of 103.18 feet to the most West...erly corner of said Parcel 1, also being the most Northerly corner of said parcel conveyed to the County of Riverside and also being on said centerline of Apricot Street (vacated); JFD::JFDSADM:[LEGAL]LEGALJG7;81WETTEB ,- LEGAL DESCRIPTION Overland Drive Fee Right-of-Way April 25, 1996 Page 2 Thence S.44°52'17"W. along said line, a distance of 0.38 feet to the most Easterly corner of parcel conveyed to the County of Riverside by Deed recorded October 2, 1987 as Instrument No. 287178, Official Records of Riverside County, California; Thence N.37°41'39"W. along the Northeasterly line of last mentioned parcel conveyed to the County of Riverside, a distance of 36.12 feet; Thence S.87=29'19"E, a distance of 27.74 feet; Thence N.58°05'03"E., a distance of 30.35 feet; Thence Northeasterly on a curve concave Northwesterly, having a radius of 738.00 feet, through an angle of 13°39'00", an arc length of 175.82 feet to a point of reverse curvature; Thence Nodheasterly on a curve concave Southeasterly, having a radius of 117.00 feet, through an angle of 06°54'07'', an arc length of 14.09 feet (the initial radial line bears N.45°33'57"W.) to a point on a line that bears S.51°20'10"W.. a distance of 27.15 feet from said Point of Beginning; Thence N.51°20'10"E. along said line. a distance of 27.15 feet to the Point of Beginning. The above described parcel of land contains 0.024 acres. more or less. RLS/MC/yb J, F. DAVIDSON ASSOCIATES, INC. Prepared Under the Supervision of: Marissa Crowther, PLS No. 6152 Date: 'JFD::JFDSADM:[LEGAL}LEGAL. JQT;81WE'I'fEB 'n,S PIj, T ;S S'DL~LY A'~ Ah3 IW LOC. ~ THE P~RCEL(S) DESCRyRED .~1 THE ATTACHED OOCUMENr. IT ~ NOr A P~RT OF 7~E WRfiT~N 2,ESCRIPPON THE:REaM 0 a~,. R.L.5. LANDS~ OFTHE TEMECULA LAND AND WATER THE MCOMPANY , . ...............B. 8/359 S.D.. ' o~ ~ \ --+ CO~: ~D' ~ ' i LOT 116 DETAIL ~ d / OVERLAND ........."~: '~~ ' ORIVE' ~ ~o' pArCEL I ~ ~- PAR. Ta EDUI, IT't' aF RNERS~DE B~' OEED A~ IN~T. NO, LL,I CROWTHER ~2~ PREWARI'D UN~L"1t THE' 51,"P~?I~I~ION O~ pARCEL 2 PARCEL MAP NO. 23850 · wo <')017.?_40-05 I n~, CIT'f OF TEM ECULA RM. 157/I00-101 PARCEL 3 COURSE DATA (E) e. io'~'a&"w. s+.~.'~' 5,44.'57.'R"IN, II.Gt'~N-~+'65'I~'W. ~,~" ~' ~3"W. GI.G~' 5, 4A' 5Z' II"W. D.~&' CITYOF .TEMECULA OVERLAND DRWE FEE RIGHT- OF-WA~ 8~ER CONNIE M. HILL, ETAL FEBPERTY April17,1996 EXHIBIT "A" City of Temecula Overland Drive Fee Rl.qht-of-Way Caltrans Parcel No. 15940 W.O. 9012240-03 That portion of Apricot Street (vacated) as shown by map of The Lands of the Temecula Land and Water Company, on file in Book 8 of Maps at Page 359 thereof, Records of San Diego County, California, described as follows: Beginning at the most Northerly corner of Parcel 1 of Parcel Map 23830, as shown by map on file in Book 157 of Parcel Maps at Pages 100 and 101 thereof, Records of Riverside County, California, said corner being on the centerline of said Apricot Street (vacated), and said corner being on the Southwesterly line of parcel conveyed to State of California by Deed recorded October 17. 1950 in Book 1211. Page 440, Official Records of Riverside County, California; Thence S.44°52'17"W. along the Northwesterly lino of said Parcel 1, also being along said centerline of said Apricot Street (vacated), a distance of 11.61 feet; Thence N.39=52'37'E., a distance of 11.96 feet to the Southwesterly line of said parcel conveyed to State of California; Thence S.28°41 '00"E., along said line, a distance of 1.09 feet to the Point of Beginning. The above described parcel of land contains 6.05 square feet (0.00014 acres), more or less. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights, including access rights, appurtenant to Grantor's remaining property, in and to said freeway. RLS/MC/yb JFD::JFDSAOM:[LEGAL]LEGAL,JQ3;91Y'VE'I'rEB ,, THIS PLAT IS SOLELY AN AID IN LOt_ ~ THE PN~C£L($) D£SCRfBED ~~ pact IN THE AT'TACHE'D DOCUMENT, IT I,~ NOT A PART OF THE WRITTEN DESCRIPTION THF_.R£1N. NOTE: NOT '~0 coCkLE / PARCEL MAP 23830 P,t~, 157 I 10,0-101 / IND%C~TE5 ACCE55 RELt~GUtE~E9 CITY OF TEME~ULA OVERLANC7 DB, t'VE. FEE ~,GHT - 0I: - WAY CALTRAN5 ~At~CEL NO, I5~ztO April 25, 1996 W.O. 9012240-03 EXHIBIT "A" City of Temecula Overland DrIve - Pile Maintenance Easement Connie M. Hill, et. el., to the CIty of Temecula That portion of Apricot Street (vacated) as shown by map of The Lands of the Temecula Land and Water Company, on'file in Book 8 of Maps at Page 359 thereof, Records of San Diego County, California, described as follows: COMMENCING at the most Northerly corner of Parcel I of Parcel Map No. 23830, as shown by map on file in Book 157 of Parcel Maps, at Pages 100 and 101 thereof, Records of Riverside County, California, said corner being on the centerline of Apricot Street (vacated), as shown by map of The Lands of the Temecula Land and Water Company, on file in Book 8, Page 359 thereof, Records of San Diego County, California; Thence S.44°52'17"W. along the Northwesterly line of said Parcel 1, also being the centerline of said Apricot Street (vacated), a distance of 66.40 feet to the Point of Beginning of the easement to be described; Thence continuing S.44°52'17"W. along said line, a distance of 94.29 feet; Thence N.41 °41'37"E., a distance of 93.98 feet; Thence S.50°07'23'E.. a distance of 5.23 feet to the Point of Beginning. The above described parcel of land contains 0.0056 acres, more or less. RLS/MC/mn J, F, DAVIDSON ASSOCIATES, INC. Prepared Under the Supervision of: Marissa Crowther, PLS No. 6152 Date: .,,,.~ ~_.,I ~ t'~'~,c~ (,,=, JFD::JFDIAOM:[LEGAL]LEGAL.JR8;GIYVETTEB ,- Z bJ / OVERLAND DRIVE ~-' ""o SO' 5o' pARCEL PARCEL MAP NO. 258,30 RM. 57/100-I01 PARCEL 3 -COURSE DATA Q) 9.,q-~-'s~.'rT,'v'v. d~0.4-0' (~ ~. ~3Q"O'/'Z'~"E. 5.'P_~' OITY OF TEMEOULA RLE MAINTENANCE EA6EMENT E3VER COldIdlE M. HILL, ~"r AL PROPERTY RXITIBIT "A- CITY OF TEMECULA OVER LAND T~RWE g ETTI .EMENT EASEMENT THAT PORTION OF APRICOT STREET (VACATED) AS SHOWN BY MAP OF THE TEMECULA LAND AND WATER COMPANY RECORDED IN BOOK 8 PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNI& DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHWESTERLy lANE OF THAT CERTAIN PARCEL OF LAND DEEDED TO THE STATE OF CALIFORNIA PER DEED RECORDED OCTOBER 17, 1950 IN BOOK 1211, PAGE 440, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALSO BEING THE MOST NORTHERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 23830 RECORDED IN PARCEL MAP BOOK 157, PAGES 100 AND 101 IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, RIVERSIDE, CALIFORNIA; THENCE ON THE NORTHWESTERLY LINE OF SAID PARCEL 1, ALSO BEING THE CENTERLINE OF SAID APRICOT STREET, SOU'I~ 44'52'17' WEST, I 1.61 FEET TO THE TRUE POINT OF REGrNNTN'G; THENCE, CONTINUING ON SAID LINE, SOUTH 44°52'17' WEST, 211.08 FEET; THENCE, LEAVING SAID LINE, NORTH 38°28'11' WEST, 12.62 FEET; THENCE, NORTH 4l°32'56· EAST, 229.22 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL CONVEYED TO THE STATE OF CALIFORNIA; THENCE, ON SAID LINE, SOUTH 2g°42'40' EAST, 25.83 FEET TO A POINT LYING 1.09 FEET FROM THE MOST NORTHERLy CORNER OF SAID PARCEL 1; THENCE, LEAVING SAID LINE, SOUTH 39o52'37· WEST, 11.96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.099 ACRES, MORE OR LESS. PREPARED UNDER THE SUPERVISION OF JAMES A. DRENON, JR., P.L.S. EXHIBIT "B" N SCALE 7 T.P.O.B. N .28'41 'O0"t~~ARI .Og' P.O.C. 'LYC , , ~ / :100 -, LINE DATA TABLE NUMBER BEARING DISTANCE L-1 N 44'52'17' E 11.61 I,-2 N 44'52'7 7' E 21 L08 L-3 N 38'28' 11" W 12.62 L-4 N 41'32'56' E 229.22 L-5 S 28'42'40" E 25.83 L-6 S 28'42'40" E 25.83 FmiENGINEERING VENTURES. INC. LAND PLANNING · CIVIL ENGINEERING LAND SURVE'nNG JOB NO: _ ~ i (~) e~-~ r~ I (~) ~-3N, SHEET I OF 1 238-4 S~LE: DRA BY: DATE: P · ~'=2oo' _ j~7~79~ TEMECU~ O~R~D DRIVE SE~LEMENT ~SgMENT .......... September 14, 1995 W.O. #95-254 APN: 910-130-026 EXHIBIT "A" 30' E.M,W.D. SEWER, INGRESS AND EGRESS EASEMENT CITY OF TEMECULA PROPERTY OF CONNIE M. HILL That portion of that certain parcel of land conveyed to Connie M. Hill, by Deed recorded April 26, 1976 as Instrument No. 55729, Official Records of Riverside County, California. being a portion of Lot 116 of the Murrieta podion of the Temecula Rancho, as shown by map of the lands ol the Temecula Land and Water Company on file in Book 8 of Maps at Page 359 thereof, Records of San Diego County, California, lying within a strip of land 30.00 feet wide, the centerline being described as follows: COMMENCING at the centerline intersection of Jefferson Avenue and Overland Drive as shown on Parcel Map No. 23830, as shown by map on file in Book 157 of Parcel Maps, at Pages 100 end 101 thereof, Records of Riverside County, California; Thence N.32°43'25"E., a distance of 24.01 feet to the Point of Beginning of said centerline to be described; Thence N.06"00'00"E., a distance of 61.00 feet; Thence N.51°41'34"E., a distance of 339.06 feet to the Northeasterly line of Parcel 1, also being the Southwesterly line of Interstate 15 as shown on said Parcel Map No. 23830, and the termination of said centerline description. The above described parcel of land contains O. 148 acres, more or less. RLS/MCK/mn E.m. 9 3009 J. F. DAVIDSON ASSOCIATES, INC. Prepared under the,supervision of: , PLS No. 4628 Date: I - 5- ~ I.,, JFD::JFDSAOM:[LEGAL]LEGALJJg;21JEANL /" ~- OVERLAND DRIVE TEMECULA LAND AND WATER COMPANY Ld > ---------- -""" LOT 116 O~O tI~C, APtilL ~'~. /"JIG A5 IM~'. EASTERN-MUNICIPAL WATER DISTRICT ~;MIYD G/F'ANT DF E45EMENT PZ Zr EXHIBIT "C" Legal Description of Remainder Property - 13 - 981108 11086-00001 sj 1491463.A 0 ITEM 17 CITY OF TEMECULA AGENDA REPORT APPROVAL TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager December 15, 1998 Approval of First Amendment to the Owner Participation Agreement Between the City of Temecula and International Rectifier Corporation RECOMMENDATION: 1. That the City Council adopt the following Resolution: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA AND INTERNATIOINAL RECTIFIER CORPORATION, A DELAWARE CORPORATION" DISCUSSION: In December 1997 the City of Temecula, the Redevelopment Agency and International Rectifier entered into an Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula, and International Rectifier, a Delaware corporation which provides for the 2nd major expansion of the Temecula facility. Since that time, International Rectifier's business plans and construction schedule have been modified, resulting in a modification to their Schedule of Performance as outlined in Exhibit 3 of the original agreement. The changes to the schedule are outlined on the attached Schedule of Performance. Staff recommends the approval of the requested changes to complete this project. Attachments: Schedule of Performance Resolution No. 98- First Amendment to Owner Participation Agreement r:~bradley\agenda98\ ir opa council 1 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPM ENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER CORPORATION, A DELAWARE CORPORATION" THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. On December 9, 1997, the Agency, City and Owner duly entered into that certain "Owner Participation Agreement by and between the Redevelopmerit Agency of the City of Temecula, the City of Temecula and International Rectifier Corporation, a Delaware corporation" ("Agreement"). b. Since the parties entered into the Owner Participation Agreement, International Rectifier's business plans and construction schedule for the facility have been modified, requiring an amendment to the Schedule of Performance. Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "First Amendment to Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and International Rectifier Corporation, a Delaware corporation" dated as of December 15, 1998 by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and International Rectifier Corporation, a Delaware corporation and authorizes the Mayor to execute the Agreement on behalf of the Agency in substantially the form attached hereto as Exhibit A. Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this __ day of __, 1998. Mayor R:~bradley'agenda98\1480935 ATTEST: Susan Jones, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this day of , 1998. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan Jones, CMC City Clerk R:%bradley%agenda98\1480935 SCHEDULE OF PERFORMANCE Permit to Construct Commence Construction Certificate of Occupancy Phase 1 Equipment Installation Completion (Certificate of Completion) Phase 2 Equipment Installation Completion Original 3/1/98 5/1/98 12/1/98 6/1/99 6/1/00 Revised 5/1/98 Actual Same 1/15/99 6/1/00 12/1/01 R:\bradley\agenda98\sched of performance RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Susan Jones, CMC Secretary Redevelopmerit Agency of the City of Temecula Post Office Box 9033 Temecula, California 92589 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 FIRST AMENDMENT TO "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER CORPORATION, A DELAWARE CORPORATION" THIS FIRST AMENDMENT is entered into and effective as of December 15, 1998, by and between the Redevelopment Agency of the City of Temecula, a public body corporate and politic ("Agency") and International Rectifier Corporation, a Delaware Corporation ("Owner"). In consideration of the mutual covenants and agreements contained herein, the Agency and Owner hereby agree as follows: 1. This First Amendment is made with respect to the following facts and for the purposes which the parties hereto agree are true and correct: a. On December 9, 1997, the Agency and Owner duly entered into that certain "Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and International Rectifier Corporation, a Delaware corporation" (" Agreement"). b. The real property which is the subject of the Owner Participation Agreement and this First Amendment is described on Attachment A, Legal Description, and is incorporated herein as though set forth in full. c. Since the parties entered into the Owner Participation Agreement, the Owner' s business plans and construction schedule for the facility have been modified, requiring an amendment to the Schedule of Performance. R:~bradley'agenda98\1480932 2. Exhibit 3, Schedule of Performance, to the Agreement is hereby deleted and in it place is substituted a new Exhibit 3, which new exhibit is attached hereto as Attachment B. and incorporated herein as though set forth in full. 3. The parties hereto agree that the Agreement has been duly approved and executed by all parties and except as modified by this First Amendment, all terms and provisions of the Agreement are and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Karel F. Lindernans, Chairperson CITY OF TEMECULA Ronald H. Roberts, Mayor Attest: Susan Jones, CMC Agency Secretary/City Clerk Approved As to Form: R:\bradley\agenda98\1480932 Peter M. Thorson General Counsel/City Attorney INTERNATIONAL RECTIFIER CORPORATION, a Delaware corporation By: Name: Title: By: Name: Title: R:\btadley\agenda98\1480932 ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On appeared , 1998, before me, , personally [1 [1 personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY # R:\br~dley\agenda98\1480932 ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On appeared , 1998, before me, , personally [1 [] personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY R:\bradley\agenda98\1480932 ATTACHMENT A LEGAL DESCRIPTION Parcel 5 in Parcel Map No. 19580-1, in the County of Riverside, State of California, as per map filed in Book 125, pages i through 6, inclusive, of Parcel Maps, records of Riverside County. R:\bradley\agenda98\1480932 ATTACHMENT B REVISED EXHIBIT 3. TO OWNER PARTICIPATION AGREEMENT EXHIBIT 3 SCHEDULE OF PERFORMANCE (As revised by First Amendment to OPA, December 15, 1998) Permit to Construct Commence Construction Issuance of Certificate of Occupancy Phase I Equipment Installation Completion (Certificate of Completion) Phase II Equipment Installation Completion Completed Completed January 15, 1999 June 1, 2000 December 1, 2001 R:\bradley~agenda98\1480932 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Susan Jones, ChIC Secretary Redevelopment Agency of the City of Temecula Post Office Box 9033 Temecula, California 92589 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 FIRST AMENDMENT TO "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER CORPORATION, A DELAWARE CORPORATION" THIS FIRST AMENDMENT is entered into and effective as of December 15, 1998, by and between the Redevelopmerit Agency of the City of Temecula, a public body corporate and politic ("Agency") and International Rectifier Corporation, a Delaware Corporation ("Owner"). In consideration of the mutual covenants and agreements contained herein, the Agency and Owner hereby agree as follows: 1. This First Amendment is made with respect to the following facts and for the purposes which the parties hereto agree are true and correct: a. On December 9, 1997, the Agency and Owner duly entered into that certain "Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and International Rectifier Corporation, a Delaware corporation" ("Agreement"). b. The real property which is the subject of the Owner Participation Agreement and this First Amendment is described on Attachment A, Legal Description, and is incorporated herein as though set forth in full. c. Since the parties entered into the Owner Participation Agreement, the Owner's business plans and construction schedule for the facility have been modified, requiring an amendment to the Schedule of Performance. R:~bradley~agenda98\1480932 2. Exhibit 3, Schedule of Performance, to the Agreement is hereby deleted and in it place is substituted a new Exhibit 3, which new exhibit is attached hereto as Attachment B. and incorporated herein as though set forth in full. 3. The parties hereto agree that the Agreement has been duly approved and executed by all parties and except as modified by this First Amendment, all terms and provisions of the Agreement are and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TENIECULA Karel F. Lindemans, Chairperson CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan Jones, CMC Agency Secretary/City Clerk Approved As to Form: R: \brad ley \agcmla9 8\ 148093 2 Peter M. Thorson General Counsel/City Attorney INTERNATIONAL RECTIFIER CORPORATION, a Delaware corporation By: Name: Title: By: Name: Title: R: \br~tley\agenda98\ 1480932 ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On appeared , 1998, before me, , personally [1 [1 personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY R: \brad ley ~agenda98', 1480932 ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On appeared , 1998, before me, , personally [1 [1 personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY R:\br'~dley~agenda98\1480932 ATTACHMENT A LEGAL DESCRIPTION Parcel 5 in Parcel Map No. 19580-1, in the County of Riverside, State of California, as per map filed in Book 125, pages 1 through 6, inclusive, of Parcel Maps, records of Riverside County. R:\bradley\agenda98\1480932 ATTACHMENT B REVISED EXHIBIT 3. TO OWNER PARTICIPATION AGREEMENT EXHIBIT 3 SCHEDULE OF PERFORMANCE (As revised by First Amendment to OPA, December 15, 1998't Permit to Construct Commence Construction Issuance of Certificate of Occupancy Phase I Equipment Installation Completion (Certificate of Completion) Phase II Equipment Installation Completion Completed Completed January 15, 1999 June 1, 2000 December 1, 2001 R:\brad|ey\agenda98\1480932 TEMECULA COMMUNITY SERVICES DISTRICT ITEM TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: General Manager/Board of Directors~ Genie Roberts, Director of Finance December 15, 1998 Financial Statements for the Three Months Ended September 30, 1998 William B. Pattison, Senior t RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the Three Months Ended September 30, 1998. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the Three Months Ended September 30, 1998. Please see the attached financial statements for the analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 1998 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1998 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of September 30, 1998 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 1998 (Unaudited) Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of September 30, 1998 Assets and other debits: Cash and investments Receivables Due from other ~mds Total assets Parks & Service Service Service Recreation Level A Level B Level C $ 734,552 366,186 27,012 $ 269,792 $ 25,526 $ 7,516 21,025 $ 1,127,750 $ 25,526 $ 7,516 $ 290,817 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances $ 162,689 162,689 $ 8,173 $ 18,839 3,500 309 $ 11,673 19,148 57,403 57,403 397,298 12,625 211,551 567,763 1,228 21,863 (11,632) 13,853 (11,632) 233,414 965,061 $ 1,127,750 $ 25,526 $ 7,516 $ 290,817 Please note that these balances are unaudited Temecula Community Services District Combining Balance Sheet As of September 30, 1998 Assets and other debits: Cash and investments Receivables Due from other funds Total assets Service Service Debt Level D Level R Service Total $ 186,686 $ 64,516 $ 251,202 8,455 $ 865,642 $ 2,065,127 1,479 486,248 27,012 9,934 $ 865,642 $ 2,578,387 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances $ 1,101 1,101 250,101 $ 250,101 $ 251,202 $ 27,012 $ 4,682 229,684 4,682 256,696 502,690 1,124,164 9,934 358,270 1,209,159 (11,632) 9,934 860,960 2,321,691 9,934 $ 865,642 $ 2,578,387 Please note that these balances are unaudited Temecula Community Services District Parks and Recreation Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 1998 Revenues: Annual Amended YTD Budget Activity Specialtax TCSDadminfee credi~"REST" Recreation programs Investment interest Miscellaneous 2,374,350 $ 343,968 746,790 186,698 426,500 153,836 24,000 16,110 60,970 2,444 Total Revenues 3,632,610 703,056 Expenditures: Parks and recreation Seniors Community Recreation Center (CRC) Recreation programs Temecula Community Center (TCC) Non-Departmental 2,921,892 877,570 102,368 23,817 383,009 90,911 436,493 120,706 138,105 32,284 9,200 280 Total Expenditures Encumbr. Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 331,720 8,737 28,603 18,043 8,923 1,272 Total Activity $ 343,968 186,698 153,836 16,110 2,444 703,056 1,209~90 32,554 119,514 138,749 41,207 1,552 3,991,067 1,145,568 397,298 1,542,866 (358,457) (442,512) 1,407,573 1,407,573 1,049,116 $ 965,061 Percent of Budget 14% (1) 25% 36% 67% 4% 19% 41% (2) 32% (2) 31% (2) 32% (2) 30% (2) 17% 39% NOTES: (1) Special tax revenue is received primarily in Janualy and May each fiscal year. (2) The variance is due to encumbrances that are recorded for contract services (such as landscape and facility maintenance) for the entire fiscal year. Temecula Community Services District Service Level A Arterial Street Lights and Median Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 1998 Revenues: Annual Amended YTD Budget Activity Special tax $ 195,240 $ 25,476 Investment interest 100 50 TCSD admin fee credit/"REST" 55,300 13,825 Street lighting fees 16,160 1,859 Miscellaneous 15,000 TotalRevenues 281,800 41,210 Expenditures: Encumbr. Total Activity $ 25,476 50 13,825 1,859 41,210 Salaries and wages 2,850 696 696 Street lighting 228,450 47,121 47,121 Landscape maintenance 20,000 3,270 $ 10,316 13,586 Other operating expenditures 31,918 3,646 2,309 5,955 Total Expenditures 283,218 54,733 2,309 67,358 Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 (1,418) (13,523) 27,376 27,376 Ending Fund Balance, September 30, 1998 $ 25,958 $ 13,853 Percent of Budget 13% (1) 50% 25% 12% 15% 24% 21% 68% (2) 19% 24% NOTES: (1) Special tax revenue is received primarily in January and May each fiscal year. (2) The variance is due to encumbrances that are recorded for contract services (such as landscape and facility maintenance) for the entire fiscal year. Temecula Community Services District Service Level B Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 1998 Annual Amended YTD Budget Activity Revenues: Assessments $ 293,960 $ 7,228 Investment interest 1,500 288 TCSD admin fee credit/"REST" 3,410 853 Miscellaneous 14,970 4,562 Total Revenues 313,840 12,931 Expenditures: Salaries and wages 7,430 1,772 Street lighting 321,310 69,973 Miscellaneous 22, 100 Total Expenditures 350,840 71,745 Revenues Over/(Under) Expenditures (37,000) (58,814) Beginning Fund Balance, July 1, 1998 47,182 47,182 Ending Fund Balance, September 30, 1998 $ 10,182 $ (11,632) Encumbr. Total Activity Percent of Budget $ 7,228 2%0) 288 19% 853 25% 4,562 30% 12,931 1,772 69,973 71,745 4% 24% 22% 20% (1) Special tax revenue is received primarily in January and May each fiscal year. Temecula Community Services District Service Level C Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 1998 Annual Amended YTD Budget Activity Encumbr. Total Activity Revenues: Assessments $ 557,680 $ 16,430 $ 16,430 Investment interest 12,500 4,595 4,595 Miscellaneous 21,000 4,500 4,500 Total Revenues 591,180 25,525 25,525 Expenditures: Salaries and wages 119,490 27,069 $ 4,900 31,969 Landscape maintenance 279,550 68, 182 199,411 267,593 Utilities 141,440 44,068 44,068 Other expenditures 82,728 9,737 7,240 16,977 Total Expenditures 623,208 149,056 211,551 360,607 Revenues Over/(Under) Expenditures (32,028) (123,531) Beginning Fund Balance, July 1, 1998 356,945 356,945 Ending Fund Balance, September 30, 1998 $ 324,917 $ 233,414 NOTES: (1) Special tax revenue is received primarily in January and May each fiscal year. (2) The variance is due to encumbrances that are recorded for landscape services for the entire year. Percent of Budget 3% (1) 37% 21% 4% 27% 96% (2) 31% 21% 58% Temecula Community Services District Service Level D Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance o Budget and Actual For the Three Months Ended September 30, 1998 Annual Amended YTD Budget Activity Revenues: Assessments $ 2,221,560 $ 59,846 TCSD admin fee credit/"REST" 44,520 11,130 Investment interest 11,610 4,670 Total Revenues 2,277,690 75,646 Expenditures: Salaries and wages 44,680 9,735 Refuse hauling 2,221,900 Other expenditures 11,110 2,603 Total Expenditures 2,277,690 12,338 Revenues Over/(Under) Expenditures 63,308 Beginning Fund Balance, July 1, 1998 186,793 186,793 Ending Fund Balance, September 30, 1998 $ 186,793 $ 250,101 Encumbr. Total Activity $ 59,846 11,130 4,670 75,646 9,735 2,603 12,338 Percent of Budget 3% (1) 25% 40% 3% 22% (2) 23% 1% NOES: (1) Assessment revenue is received primarily in January and May each fiscal year. (2) Refuse hauling payments are made semi-annually (in January and July). Temecula Community Services District Service Level R Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 1998 Annual Amended YTD Budget Activity Revenues: Assessments $ 12,800 $ 1,330 Investment interest 80 149 Total Revenues 12,880 1,479 Expenditures: Emergency street maintenance 13,050 2,898 Other expenditures 180 Total Expenditures 13,230 2,898 Revenues Over/(Under) Expenditures (350) ( 1,419) Beginning Fund Balance, July 1, 1998 11,353 11,353 Ending Fund Balance, September 30, 1998 $ 11,003 $ 9,934 Encumbr. Total Activity 1,330 149 1,479 2,898 2,898 Percent of Budget 10% 186% 11% 22% 22% (1) (1) Assessment revenue is received primarily in January and May each fiscal year. Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 1998 Revenues: Operating transfers in Investment interest Total Revenues Expenditures: Debt service - principal Debt service - interest Other expenditures Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 Annual Amended Total Budget Activity $ 466,370 $ 327,742 35,600 8,785 501,970 336,527 190,000 305,670 6,310 4,682 501,980 4,682 (10) 331,845 529,115 529,115 $ 529,105 $ 860,960 Percent of Budget 70% 25% 67% 0% 0% 74% 1% (1) (1) ( 1 ) Debt service payments are made in October and April each year. ITEM 2 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors '~.erman D. Parker, Director of Community Services December 15, 1998 Tract Nos. 28553-1 and -2: Proposed Residential Street Lighting Fee (Located easterly of Margarita Road, south of North General Kearny Road) PREPARED BY: ~(~,~eryl Yasinosky, Development Services Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING AND GIVING NOTICE OF AN ELECTION TO BE ItEI,D ON JANUARY 29, 1999 FOR PROPERTY OWNERS WITHIN TRACT NOS. 28553-1 AND 28553-2 TO ESTABLISH SERVICE LEVEL B RATES AND CHARGES BEGINNING FISCAL YEAR 1999-00 PURSUANT TO ARTICI,E XIIID, SECTION 6 OF TIlE CALII~ORNIA CONSTITUTION. Approve the Election Notice, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots. Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting services to numerous residential subdivisions within the City of Temecula through "Service Level B". Pursuant to the request of the property owners, staff has initiated proceedings to assume the responsibility for long-term residential street lighting services within Tract Nos. 28553-1 and -2 beginning Fiscal Year 1999-00. On October 27, 1998, and in accordance with Proposition R:\yasinobk\election\28553,eletionslb 12/15/98 218, the Board of Directors adopted the resolution of intention to file the levy report on 68 undeveloped residential lots within Tract No. 28553-1 and -2. The Notice of Public Hearing was subsequently mailed to the property owners identifying the proposed TCSD Rates and Charges for each affected parcel as follows: Service Level B 925.68 per parcel At tonight's Public Hearing, the Board of Directors must hear and consider all objections or protests to the levy report for Tract Nos. 28553-1 and -2 and the proposed rates and charges. If a written protest is presented by a majority of the property owners, the Board must reject the proposed fee and abandon any further proceedings· In this instance, a homeowner's association would be required to assume the street lighting responsibilities. However, if the property owners do not submit a written protest against the proposed rates and charges, the Board of Directors may then adopt the proposed fee subject to an election requiring a majority approval of the affected property owners. In this instance, the Board of Directors can order and call an election for January 29, 1999, and authorize staff to proceed with mailing a notice and ballot to the property owners of Tract Nos. 28553-1 and -2, a copy of which is attached for your review. Pursuant to the ballot process, staff is also recommending the approval of the attached Procedures for the Completion, Return and Tabulation of Ballots. The ballot procedure explains the process for completion, return and tabulation of the ballot and will be included as part of the mailed ballot documents. The ballot can only be completed by the property owner of each parcel. In order to be counted, the ballot must be completed in compliance with these procedures and returned to the City Clerk/District Secretary prior to 3:30 p.m. on January 29, 1999· The ballot(s) will be opened by the City Clerk/District Secretary on January 29, 1999 at 4:00 p.m. in the Main Conference Room in City Hall. The results of the election shall be announced by the City Clerk/District Secretary at the Community Services District meeting on February 23, 1999. FISCAL IMPACT: In the event that the Board of Directors calls for an election, staff will prepare the notices, ballot and election procedures in-house. If approved by the property owners, beginning Fiscal Year 1999-00, the proposed levy of 925.68 per parcel for Service Level B will generate 91,746.24 annually for residential street lighting services within the subdivision. Sufficient funds will be generated to cover the costs of providing residential street lighting services. ATTACHMENTS: Resolution Calling and Noticing the Election. Notice and Ballot Form. Procedures for Completion, Return and Tabulation of Ballots. R: \yasinobk\election\28553. e letionslb 12/15/98 RESOLUTION NO. CSD 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CAIJ,ING AND GIVING NOTICE OF AN ELECTION TO BE HELD ON JANUARY 29, 1999 FOR PROPERTY OWNERS WITHIN TRACT NOS. 28553-1 AND 28553-2 TO ESTABLISH SERVICE LEVEL B RATES AND CHARGES BEGINNING FISCAL YEAR 1999-00 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Pursuant to the requirements of Article XIIID, Section 6 of the California Constitution, there is hereby called and ordered to be held on January 29, 1999 an election for the purpose of obtaining approval by property owners of Tract Nos. 28553-1 and -2 in the City of Temecula to establish Service Level B Rates and Charges beginning Fiscal Year 1999-00 Section 2. The notice and ballot to be submitted to the property owners shall be substantially in the form attached as Exhibit A and incorporated herein by reference. Section 3. The Board of Directors hereby approves the Procedures for the Completion, Return and Tabulation of Ballots ("Ballot Procedures") presented to the Board at this meeting and directs such procedures be placed on file in the office of the Secretary of the Temecula Community Services District and open to public inspection. Section 3. All ballots must be received by the Secretary of the Temecula Community Services District no later than 3:30 p.m. on January 29, 1999. In all particulars not recited in this Resolution, the election shall be held and conducted as provided in the Ballot Procedures. Section 4. The Secretary of the Temecula Community Services District is hereby authorized to canvass the returns of the election. The officers and staff of the Temecula Community Services District are hereby authorized and directed to take such further action as may be necessary or appropriate in preparing for and conducting the election. Yasinobk\28553.electionreso 12/15/98 PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 15th day of December, 1998. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSDE ) CITY OF TEMECULA ) SS I HEREBY CERTIFY that the foregoing Resolution No. CSD 98- was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 15th day of December, 1998, by the following vote of the Board of Directors. AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Yasinobk\28553 .electionreso 12/15/98 OFFICIAL BALLOT TRACT NOS. 28553-1 AND 28553-2 TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL B RATES AND CHARGES FOR RESIDENTIAL STREET LIGHTING SERVICES PROPERTY: 68 residential lots within Tract Nos. 28553-1 and -2, a subdivision of Lot 39 of Tract Map No. 3334, recorded in Book 54, Pages 25-30, of Maps, together with a portion of Parcel 1 of Parcel Map No. 20278, recorded in Book 127, Pages 35- 36, of Parcel Maps, both records of Riverside County, California. OWNER: Mr. Neil Gascon, President Pacific Century Homes 40925 County Center Drive, Suite 110 Temecula, CA 92591 YES, I approve of the proposed annual levy of $25.68 for Service Level B on the parcels identified on this ballot. NO, I do not approve of the proposed annual levy of $25.68 for Service Level B on the parcels identified on this ballot. I understand that a "NO" vote may require me to pay street lighting fees to my Homeowners' Association. I hereby declare, under penalty of perjury that I am the record owner, or the authorized representative of the record owner, of the parcels identified above. Signature Date Print Name CHECK ONLY ONE BOX. BALLOTS MUST BE COMPLETED IN INK AND RETURNED TO THE CITY CLERK/DISTRICT SECRETARY AT THE CITY OF TEMECULA, P.O. BOX 9033/43200 BUSINESS PARK DRIVE, TEMECULA, CALIFORNIA, 92589-9033 PRIOR TO 3:30 P.M. ON JANUARY 29, 1999. NOTICE OF ELECTION PROPOSED SERVICE LEVEL B RATES AND CHARGES FOR TRACT NOS. 28553-1 AND -2 BEGINNING FISCAL YEAR 1999-00 Pursuant to the request of the property owners of 68 residential lots within Tract Nos. 28553-1 and -2, the Temecula Community Services District has initiated proceedings to assume maintenance of residential street lighting within Tract Nos. 28553-1 and -2, beginning with the Fiscal Year 1999/00. Pursuant to this request, and pursuant to Government Code Section 61621.2, the TCSD caused a written report CKeport") to be prepared and filed with the Secretary of the TCSD, which contains a description of each parcel of property to be charged for this maintenance and the proposed amount of the maintenance charge for each parcel for Fiscal Year 1999-00. The proposed Service Level B rate and charge against each of the 68 above mentioned parcels within Tract Nos. 23583-1 and -2 beginning Fiscal Year 1999-00 is $25.68. The proposed levy rate of $25.68 per parcel provides revenue for residential street lighting services within this subdivision. This amount was calculated by dividing the total estimated maintenance cost for Fiscal year 1999-00 ($1,746.24) by the total number of parcels in this subdivision. On December 15, 1998 the Board of Directors conducted a public heating on the Report and the proposed Service Level B rates and charges. At the public hearing, the Board of Directors heard and considered all objections or protests to the Report and to the proposed rates and charges. At the conclusion of the public hearing, the Board determined that written protests against the proposed fee were presented by less than a majority of owners of the parcels on which the proposed fee is to be imposed, and levied the rates and charges subject to approval by the property owners subject to the proposed rates and charges. The Board of Directors encourages you to return the enclosed ballot indicating whether you support or oppose the proposed Service Level B rates and charges. Ballots may be mailed to the City Clerk/District Secretary at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California, 92590 no later than 3:30 p.m. on January 29, 1999. The proposed Service Level B rates and charges will be abandoned if the ballot is not returned in favor of the proposed rates and charges. In the event the proposed charges are abandoned, the homeowners' association will assume responsibility for residential street lighting services within the subdivision. Enclosed is your ballot and the District's Procedures for the completion, return and tabulation of Ballots. Please consult these Procedures for details regarding the ballot process. You may also contact the City Clerk/District Secretary's Office at (909) 694-6444; by mail, at P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590, for further information regarding this matter. TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS I. Comnletion of Ballots · Who may complete a ballot A ballot may be completed by the owner of the parcel to be charged. As used in these Procedures, the term "owner" includes the owner's authorized representative. If the owner of the parcel is a partnership, joint tenancy, or tenancy in common, a ballot may be completed by any of the general partners, joint tenants, or tenants in common. Only one ballot may be completed for each parcel. · Duplicate ballots If a ballot is lost, destroyed or never received, the City Clerk/District Secretary will provide a duplicate ballot to the owner upon receipt of a request in writing to the City Clerk, at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. The duplicate ballot will be marked to show the date on which the ballot was provided and to identify it as a duplicate ballot. · Marking and signing the ballot To complete a ballot, the owner of the parcel must (1) mark the appropriate box supporting or opposing the proposed rate and charge, and (2) sign, under penalty of perjury, the statement on the ballot that the person completing the ballot is the owner of the parcel or the owner's authorized representative. Only one box may be marked on each ballot. Ballots must be completed in ink. · Only ballots provided by the District will be accepted The District will only accept ballots mailed or otherwise provided to owners by the District. Photocopies, faxes, and other forms of the ballot will not be accepted. H. Return of Ballots · Who may return ballots A ballot may be returned by the owner of the parcel or by anyone authorized by the owner to return the ballot. · Where to return ballots Ballots may be mailed to the City Clerk/District Secretary's Office, at P.O. Box 9033, Temecula, California, 92589-9033, (the District has provided a retum postage-paid envelope). Ballots may also be delivered in person to the City Clerk/District Secretary's Office at 43200 Business Park Drive, Temecula, Califomia 92590. Ballots may not be returned by fax. · When to return ballots All returned ballots must be received by the City Clerk/District Secretary' s Office prior to 3:30 p.m. on January 29, 1999. The City Clerk/District Secretary will stamp on the ballot the date of its receipt. · Withdrawal of ballots After returning a ballot to the District, the person who signed the ballot may withdraw the ballot by submitting a written request in person to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. Such request must be received by the City Clerk/District Secretary prior to 3:30 p.m. on January 29, 1999o If any ballot has been withdrawn, the person withdrawing the ballot may request a duplicate ballot. The City Clerk/District Secretary will retain all withdrawn ballots and will indicate on the face of such ballots that they have been withdrawn. IlL Tabulation of Ballots · Which ballots will be counted Only ballots which are completed and returned in compliance with these procedures will be counted. Ballots received by the City Clerk/District Secretary after 3:30 p.m. on January 29, 1999 will not be counted. Ballots which are not signed by the owner will not be counted. Ballots with no boxes marked, or with more than one box marked, will not be counted. Ballots withdrawn in accordance with these procedures will not be counted. The City Clerk/District Secretary will keep a record of each duplicate ballot provided to an owner and will verify, prior to counting any duplicate ballot, that only one ballot has been returned for the parcel. Ifa non-duplicate ballot has been returned, the District will count the non-duplicate ballot and disregard all duplicate ballots. If only duplicate ballots have been retumed, the District will count the earliest provided duplicate ballot and disregard the later provided duplicate ballots. · How ballots will be tabulated Ballots may be counted by hand, by computer or by any other tabulating device. · Who will tabulate ballots Ballots will be tabulated by the City Clerk/District Secretary. · When and where will the ballots be tabulated Ballots will be opened and tabulated on Friday, January 29, at 4:00 p.m. in the Main Conference Room at City Hall, 43200 Business Park Drive, Temecula, California, 92590. This process is open to the general public. · Results of tabulation The results of the tabulation will be announced following the completion of the tabulation and entered in the minutes of the next Board of Directors meeting on February 23, 1999. IV. Resolution of Disnutes In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to which the ballot applies, the District will make such determination from the last equalized assessment roll and any evidence of ownership submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to ownership of property and the Districfs determination of ownership will be final and conclusive. In the event of a dispute regarding whether the signer of a ballot is an authorized representative of the owner of the parcel, the District may rely on the statement on the ballot, signed under penalty of perjury, that the person completing the ballot is the owner's authorized representative and any evidence submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to whether the signer of the ballot is an authorized representative of the owner and the Distfict's determination will be final and conclusive. V. General Information For further information, contact the City Clerk/District Secretary at (909) 694-6444; by mail, at P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590. ITEM 3 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT Community Services District/Board of Directors Ron E. Bradley, General Manager December 15, 1998 Appointment of President and Vice President for the Year 1999 PREPARED BY: Susan W. Jones, City Clerk RECOMMENDATION: Appoint the President who will preside until the end of calendar year 1999 and appoint the Vice President who will assume the duties of the President in the President's absence and will hold this office until the end of calendar year 1999. BACKGROUND: The Community Services District annually appoints a member to serve as President and Vice President. These offices will be assumed at January 12, 1999, City Council meeting. FISCAL IMPACT: None. R:tAGENDA REPORTSIMA YOR-MA YOR PRO TEM. DOC 12/8/98 ITEM 4 APPRO~/~ CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors  .erman D. Parker, Director of Community Services December 15, 1998 Environmental Review of the Temecula Valley High School Tennis Court Lighting Project PREPARED BY: ,~/--Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors make a finding that the Temecula Valley High School Tennis Court Lighting Project is categorically exempt pursuant to Section 15301 of the CEQA guidelines, and authorize staff to proceed with the project. BACKGROUND: On July 14, 1998, the TCSD Board of Directors approved a joint use agreement with the Temecula Valley Unified School District for the installation of tennis court lighting at the eight courts at Temecula Valley High School. This will permit evening play by members of the community. The project has undergone an Environmental Review and staff is recommending that the Board make a finding that the project is categorically exempt under the California Environmental Quality Act (CEQA) guidelines. Generally, a categorical exemption does not require noticing nor a pubic headng. However, since the high school is in close proximately to residential developments, it was determined that the project should be posted and noticed for a public meeting. The project site has been posted and mailed noticed have been sent to all property owners within 600 feet of the high school property. The proposed tennis court lights will be installed at all eight of the tennis courts at the high school on 34 foot poles completely contained within the fenced tennis court area. The plans indicate that light spillage will be completely dissipated by the time it travels to the sidewalk adjacent to the school property. FISCAL IMPACT: None \\TEMEC_FS201 \DATA\DEPTS\CSD\RUSEP~AGENDAS\TVHS tennis court CEQA.CSD.doc CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Phyllis L. Ruse, Deputy Director of Community Services David Hogan, Senior Planner C)d,d._,F--3 December 3, 1998 Environmental Review Needs for the TVHS Tennis Court Lighting Project - Environmental Assessment No. 50 I have completed my review of the proposed lighting of the tennis courts at Temecula Valley High School. As a result of my review I have concluded that the project is Categorically Exempt from CEQA pursuant to Section 15301 of the California Environmental Quality Act Guidelines. Section 15301 outlines the requirements of a Class 1 Exemptions and states that they apply to projects that consist of minor alterations to existing facilities which involve no negligible expansion beyond the previously existing area. I have made this determination for the following reasons: (1) the tennis courts already exist, and (2) the courts are already surrounded by existing parking lot, security, and other on site lighting. For these reasons, I have determined that the project meets the requirements for a Class 1 Categorical Exemption. If you have any further questions please let me know. \\TEMEC FS 201 \DATA\DEPTS\PLANNING\CEQA\EA50 Memo .doc 1 Notice of Public MeetinQ THE CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 THE COMMUNITY SERVICES DISTRICT has scheduled the following item for APPROVAL after the community has had an opportunity to comment on the following project. Case No: Temecula Valley High School Tennis Court Lighting Project - Environmental Assessment No. 50 Applicant: Community Services Department Location: Temecula Valley High School, 31555 Rancho Vista Road in Temecula, CA Proposal: To install light fixtures around the existing tennis courts at Temecula Valley High School Environmental Action: Approve Project as a Class 1 Categorical Exemption Any person may submit written comments to the Community Services Board before this item is considered or may appear and be heard in support of or opposition to the approval of the project at the time and place shown below. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondences delivered to the City Clerk at, or pdor to, the public hearing(s). Additional Information on the Project may be viewed at the public information counter, Temecula Community Services Department, 43200 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Phyllis Ruse, Deputy Director of Community Services, City of Temecula, P. O. Box 9033, Temecula, CA 92589, or at (909) 694-6444. PLACE OF HEARING DATE OF HEARING TIME OF HEARING City Council Chambers 43200 Business Park Drive Temecula, California December 15, 1998 7:00 PM \\TEMEC_FS201 \DATA\DEPTS\PLANNING\CEQA\EA 50 Public Meeting Notice.doc 1 TCSD DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors r~.erman D. Parker, Director of Community Services December 15, 1998 Departmental Report PREPARED BY: Gall L. Zigler, Administrative Secretary ,~ On February 10, 1998, the City Council awarded a contract to Edge Construction for $1 .35 million, for the construction of Margarita Community Park. Construction is nearing completion and the park will enter into the 90-day maintenance period. The Master Plan includes parking, lighting, tot lots, picnic facilities, landscaping, irrigation, pedestrian walkways, a roller hockey rink, tennis courts, and ballfield lighting. It is anticipated this park will be open to the public in Spring 1999. On February 10, 1998, the City Council awarded a contract to Terra Cal Construction for $601,000, for the construction of Winchester Creek Park is complete and currently under the 90-day maintenance period. Winchester Creek Park is a 4.5 acre passive use park consisting of a tot lot, picnic facilities, an outdoor basketball court, a sand volleyball court and open turf areas. Staff anticipates this park will be open to the public in early 1999. On March 17, 1998, the Board of Directors approved a Professional Services Agreement and Scope of Services, in the amount of $55,000, with AMS Planning and Research, for the preparation of a ten (10) year Cultural Arts Master Plan for the City of Temecula. The draft plan has been distributed to project committee members for their review and comments. The final document will be presented to the Community Services Commission at the December 14, 1998 meeting and the City Council in January 1999. On May 12, 1998, Council awarded a design contract in the amount of $58,000 to LPA, Inc., to cover site selection, programming and site master planning for the Temecula Library. The committee is currently meeting on a regular basis. Through a site selection process, the consultant has identified a potential site for a central library. Staff will be bringing forward a recommendation to the Community Services Commission and the City Council during the first part of 1999. R:~AXAGENDAS~dp~9812 December 4, 1998 The Margarita Sidewalk Project bid opening was held on October 29, 1998 and the City Council awarded a construction contract to E.A. Mendoza on November 17, 1998. Staff is in the process of obtaining the necessary signatures and once all documentation is complete a pre- construction meeting will be held and construction will begin, with construction completed by March 1999. The City of Temecula Community Services Department brought forward to the TCSD Board of Directors a Joint Use Agreement with the Temecula Valley Unified School District for use of the Temecula Valley High School Tennis Courts. The agreement was approved by the Board of Education on August 18, 1998. The agreement provides for the lighting and maintenance of eight tennis courts at Temecula Valley High School, by the City of Temecula, in exchange for the use of the tennis courts in the City's overall parks and recreation program. The plans have been approved by School District Officials and are currently in second plan check. Staff anticipates going out to bid on this project in December, 1998. The City Council awarded a construction contract to Terra Cal Construction for the Phase II improvements to the Temecula Duck Pond. A pre-construction meeting was held on November 12, 1998 and this project is currently under construction. Staff anticipates the project will be complete in 120 days. Improvements will include stabilization of the pond edge, walkways, landscape, irrigation, bandstand, restroom, parking facilities, and road improvements to Ynez Road. On December 3, 1998, the City of Temecula Community Services Department presented the 6th Annual Santa's Electric Light Parade. There were approximately 22,000 spectators at the event and over 80 parade entries. This year's parade was video taped and will be shown on the local cable program during the month of December. RAA~AGENDASklpt9812 December 4, 1998 REDEVELOPMENT AGENCY ITEM 1 CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Genie Roberts, Director of Finance December 15, 1998 Financial Statements for the Three Months Ended September 30, 1998 PREPARED BY: William B. Pattison, Senior Ac t , RECOMMENDATION: That the Agency Members receive and file the Financial Statements for the Three Months Ended September 30, 1998. DISCUSSION: The attached financial statements reflect the unaudited Redevelopment Agency for the Three Months Ended September 30, 1998. attached financial statements for the analytical review of financial activity. activity of the Please see the FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 1998 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1998 TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of September 30, 1998 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 1998 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of September 30, 1998 Assets and other debits: Cash and investments Receivables Due from other funds Land held for resale Total assets Low/Mod CIP Debt Fund Fund Service Total $ 2,572,194 $ 7,390,790 $ 3,151,554 $ 13,114,538 894, 132 300,349 35,280 1,229,761 1,457,505 1,457,505 2,103,053 2,103,053 $ 3,466,326 $ 9,794,192 $ 4,644,339 $ 17,904,857 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Total fund balances Total liabilities and fund balances $ 1,457,505 $ 1,457,505 $ 53,585 2,326,583 $ 4,836 2,385,004 344,661 14,390 359,051 398,246 3,798,478 4,836 4,201,560 3,068,080 4,627,715 1,448,920 9,144,715 1,367,999 3,190,583 4,558,582 3,068,080 5,995,714 4,639,503 13,703,297 $ 3,466,326 $ 9,794,192 $ 4,644,339 $ 17,904,857 Please note that these balances are unaudited City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Three Months Ended September 30, 1998 Revenues: Property tax increment Investment interest Rental income Miscellaneous TotalRevenues Annual Amended YTD Budget Activity $ 1,234,000 150,000 $ 39,353 15,965 32,733 1,384,000 88,051 Encumbr. Total Activity $ 39,353 15,965 32,733 88,051 Percent of Budget 26% 6% (1) Expenditures: Salaries and wages Operating and administrative expenditures Homebuyer programs Residential rehabilitation programs Housing development & acquisition Affordable housing / future obligation Pujol & Sherwood Apts. operating costs Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 162,270 36,083 265,970 63,267 600,000 124,440 201,045 30,991 2,300,000 650,000 435,000 13,675 3,964,285 918,456 (2,580,285) (830,405) 3,898,485 3,898,485 $ 1,318,200 $ 3,068,080 21,499 2,187 23,686 36,083 63,267 124,440 52,490 652,187 13,675 942,142 22% 24% 21% 26% 28% 24% (1) Property tax increment revenue is received in January and May each fiscal year. City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopmerit Agency-CIP For the Three Months Ended September 30, 1998 Annual Amended YTD Budget Activity Revenues: Investment interest $ 240,000 $ 61,983 Rental income 108,000 26,540 Loan interest 20,000 2,496 Miscellaneous 213 Operating transfers in 654,000 29,000 Total Revenues 1,022,000 120,232 Encumbr. Capital Projects: (1) Winchester Road interchange First Street bridge Old Town building facades Front Street widening Old Town south parking lot Old Town streetscape Old Town parking Pujol Street sidewalk Operating transfers out Operations and Maintenance: Salaries and wages Operating and administrative expenditures City admin charges Fee reimbursements Consulting services Legal services Owner participation agreements Marketing program Old Town plan implementation Banner program Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 67,890 8,474 93,296 142 117,875 8,133 265,000 800,000 5,139,522 2,791,793 875,000 201,092 120,000 929,400 Total Activity 61,983 26,540 2,496 213 29,000 120,232 Percent of Budget 26% 25% 12% 4% 12% $ 58,500 66,974 99% 68,296 68,438 73% 600 8,733 7% 2,048,181 4,839,974 94% 89,730 25,451 1,647 27,098 30% 106,122 17,260 5,007 22,267 21% 25,000 6,250 6,250 25% 30,000 50,000 13,428 6,500 19,928 40% 40,000 6,526 6,526 16% 288,000 39,442 22,077 17,791 39,868 101% 162,000 52,017 36,474 88~91 55% 33,000 142 424 566 2% 9,271,277 3,152,785 2,243,420 5,195,113 56% (8,249,277) (3,032,553) 9,028,267 9,028,267 778,990 $ 5,995,714 (1) The variances in CIP project expenditures and operating transfers out are due to the timing of when the various projects are started. City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes m Fund Balance - Budget and Actual Redevelopment Agency - Debt Service For the Three Months Ended September 30, 1998 Revenues: Annual Amended YTD Budget Activity Property tax increment Investment interest Advances from other funds Deferred passthrough Total Revenues 4,936,000 150,000 75,750 814,900 5,976,650 $ 45,062 18,937 63,999 Expenditures: Passthrough agreements Debt service - principal Debt service - interest Trustees admin fees Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, September 30, 1998 3,562,400 655,000 825,920 415,897 7,500 4,836 625,000 5,675,820 420,733 300,830 (356,734) 4,996,237 4,996,237 5,297,067 $ 4,639,503 Percent of Budget 30% 1% 50% 64% 7% (~) (2) (2) ( 1 ) Property tax increment revenue is received in January and May each fiscal year. (2) Debt service payments are made in August and February each year. ITEM 2 APPROVAL CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Redevelopment Agency Members Ronald E. Bradley, Executive Director December 15, 1998 Approval of First Amendment to the Owner Participation Agreement Between the City of Temecula and International Rectifier Corporation RECOMMENDATION: 1. That the Redevelopment Agency adopt the following Resolution: RESOLUTION NO. RDA98- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA AND INTERNATIOINAL RECTIFIER CORPORATION, A DELAWARE CORPORATION" DISCUSSION: In December 1997 the City of Temecula, the Redevelopment Agency and International Rectifier entered into an Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula, and International Rectifier, a Delaware corporation which provides for the 2nd major expansion of the Temecula facility. Since that time, International Rectifier's business plans and construction schedule have been modified, resulting in a modification to their Schedule of Performance as outlined in Exhibit 3 of the original agreement. The changes to the schedule are outlined on the attached Schedule of Performance. Staff recommends the approval of the requested changes to complete this project. Attachments: Schedule of Performance Resolution No. RDA98- First Amendment to Owner Participation Agreement r:~bradley~agenda98\ ir opa rda 1 RESOLUTION NO. RDA98- A RESOLUTION OF REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER CORPORATION, A DELAWARE CORPORATION" THE BOARD OF DIRECTORS OF THE REDEVELOPM ENT AGENCY OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula does hereby find, determine and declare that: a. On December 9, 1997, the Agency, City and Owner duly entered into that certain "Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and International Rectifier Corporation, a Delaware corporation" ("Agreement"). b. Since the parties entered into the Owner Participation Agreement, International Rectifier's business plans and construction schedule for the facility have been modified, requiring an amendment to the Schedule of Performance. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "First Amendment to Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and International Rectifier Corporation, a Delaware corporation" dated as of December 15, 1998 by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and International Rectifier Corporation, a Delaware corporation and authorizes the Mayor to execute the Agreement on behalf of the Agency in substantially the form attached hereto as Exhibit A. Section 3. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula this __ day of , 1998. Chairperson R:~bradley~agenda98\1480935 ATTEST: Susan Jones, CMC Secretary [Seal] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that Resolution No. RDA 98- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on , 1998, by the following vote, to wit: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan Jones, CMC Secretary R :~bradley'agenda98\1480935 SCHEDULE OF PERFORMANCE Permit to Construct Commence Construction Certificate of Occupancy Phase I Equipment Installation Completion (Certificate of Completion) Phase 2 Equipment Installation Completion Original 3/1/98 5/1/98 12/1/98 6/1/99 6/1/00 Revised 5/1/98 Actual Same 1/15/99 6/1/00 12/1/01 R:\bradley\agenda98\sched of performance RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Susan Jones, CMC Secretary Redevelopment Agency of the City of Temecula Post Office Box 9033 Temecula, California 92589 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 FIRST AMENDMENT TO "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER CORPORATION, A DELAWARE CORPORATION" THIS FIRST AMENDMENT is entered into and effective as of December 15, 1998, by and between the Redevelopment Agency of the City of Temecula, a public body corporate and politic ("Agency") and International Rectifier Corporation, a Delaware Corporation ("Owner"). In consideration of the mutual covenants and agreements contained herein, the Agency and Owner hereby agree as/ollows: 1. This First Amendment is made with respect to the tollowing facts and for the purposes which the parties hereto agree are true and correct: a. On December 9, 1997, the Agency and Owner duly entered into that certain "Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and International Rectifier Corporation, a Delaware corporation" (" Agreement "). b. The real property which is the subject of the Owner Participation Agreement and this First Amendment is described on Attachment A, Legal Description, and is incorporated herein as though set forth in full. c. Since the parties entered into the Owner Participation Agreement, the Owner's business plans and construction schedule for the facility have been modified, requiring an amendment to the Schedule of Per/brmance. R:~bradley~agenda98\1480932 2. Exhibit 3, Schedule of Performance, to the Agreement is hereby deleted and in it place is substituted a new Exhibit 3, which new exhibit is attached hereto as Attachment B. and incorporated herein as though set forth in full. 3. The parties hereto agree that the Agreement has been duly approved and executed by all parties and except as modified by this First Amendment, all terms and provisions of the Agreement are and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Karel F. Lindemans, Chairperson CITY OF TEMECULA Ronald H. Roberts, Mayor Attest: Susan Jones, CMC Agency Secretary/City Clerk Approved As to Form: R:\bradley\agenda98\1480932 Peter M. Thorson General Counsel/City Attorney INTERNATIONAL RECTIFIER CORPORATION, a Delaware corporation By: Name: Title: By: Name: Title: R:\brmtley\agenda98\1480932 ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On appeared , 1998, before me, , personally [1 [1 personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY R:\bradley\agenda9g\1480932 ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On , 1998, before me, , personally [1 [1 personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY R:\bradley\agenda98\ 1480932 ATTACHMENT A LEGAL DESCRIPTION Parcel 5 in Parcel Map No. 19580-1, in the County of Riverside, State of California, as per map filed in Book 125, pages 1 through 6, inclusive, of Parcel Maps, records of Riverside County. R:\brndley\agenda98\1480932 ATTACHMENT B REVISED EXHIBIT 3. TO OWNER PARTICIPATION AGREEMENT EXHIBIT 3 SCHEDULE OF PERFORMANCE (As revised by First Amendment to OPA. December 15. 1998) Permit to Construct Commence Construction Issuance of Certificate of Occupancy Phase I Equipment Installation Completion (Certificate of Completion) Phase II Equipment Installation Completion Completed Completed January 15, 1999 June 1, 2000 December 1, 2001 R: \brad leyXagenda98\ 1480932 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Susan Jones, CMC Secretary Redevelopment Agency of the City of Temecula Post Office Box 9033 Temecula, California 92589 EXEMPT FROM RECORDER' S FEES Pursuant to Government Code Sections 6103 and 27383 FIRST AMENDMENT TO "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER CORPORATION, A DELAWARE CORPORATION" THIS FIRST AMENDMENT is entered into and effective as of December 15, 1998, by and between the Redevelopment Agency of the City of Temecula, a public body corporate and politic ("Agency") and International Rectifier Corporation, a Delaware Corporation ("Owner"). In consideration of the mutual covenants and agreements contained herein, the Agency and Owner hereby agree as follows: 1. This First Amendment is made with respect to the tollowing facts and for the purposes which the parties hereto agree are true and correct: a. On December 9, 1997, the Agency and Owner duly entered into that certain "Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and International Rectifier Corporation, a Delaware corporation" ("Agreement"). b. The real property which is the subject of the Owner Participation Agreement and this First Amendment is described on Attachment A, Legal Description, and is incorporated herein as though set forth in full. c. Since the parties entered into the Owner Participation Agreement, the Owner's business plans and construction schedule for the facility have been modified, requiring an amendment to the Schedule of Performance. R:~bradley~agenda98\1480932 2. Exhibit 3, Schedule of Performance, to the Agreement is hereby deleted and in it place is substituted a new Exhibit 3, which new exhibit is attached hereto as Attachment B. and incorporated herein as though set forth in full. 3. The parties hereto agree that the Agreement has been duly approved and executed by all parties and except as modified by this First Amendment, all terms and provisions of the Agreement are and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Karel F. Lindemans, Chairperson CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan Jones, CMC Agency Secretary/City Clerk Approved As to Form: R:\bradley\agenda98\1480932 Peter M. Thorson General Counsel/City Attorney INTERNATIONAL RECTIFIER CORPORATION, a Delaware corporation By: Name: Title: By: Name: Title: R: \bngtley\agenda98\ 1480932 ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On appeared , 1998, before me, , personally [1 [1 personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY R:\bradley~.agenda98\1480932 ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On appeared , 1998, before me, , personally [1 [1 personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY R:\bradley\agenda98X1480932 ATTACHMENT A LEGAL DESCRIPTION Parcel 5 in Parcel Map No. 19580-1, in the County of Riverside, State of California, as per map filed in Book 125, pages 1 through 6, inclusive, of Parcel Maps, records of Riverside County. R:\br~lley\agenda98\1480932 ATTACHMENT B REVISED EXHIBIT 3. TO OWNER PARTICIPATION AGREEMENT EXHIBIT 3 SCHEDULE OF PERFORMANCE (As revised by First Amendment to OPA. December 15, 1998~ Permit to Construct Commence Construction Issuance of Certificate of Occupancy Phase I Equipment Installation Completion (Certificate of Completion) Phase II Equipment Installation Completion Completed Completed January 15, 1999 June 1, 2000 December 1, 2001 R:\brad|ey\agenda98\1480932 ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Redevelopment Agency/Agency Members Ron E. Bradley, Executive Director December 15, 1998 Appointment of Chairperson and Vice Chairperson for the Year 1999 PREPARED BY: Susan W. Jones, City Clerk RECOMMENDATION: Appoint the Chairperson who will preside until the end of calendar year 1999 and appoint the Vice Chairperson who will assume the duties of the Chairperson in the Chairperson's absence and will hold this office until the end of calendar year 1999. BACKGROUND: The Redevelopment Agency annually appoints a member to serve as Chairperson and Vice Chairperson. These offices will be assumed at January 12, 1999, City Council meeting. FISCAL IMPACT: None. R:tAGENDA REPORTStMA YOR-MA YOR PRO TEM. DOC 12/8/98 RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR EXECUTIVE DIRECTOR~ TEMECULAREDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members John Meyer, Housing & Redevelopment Manager December 15, 1998 Monthly Depadmental Report Attached for your information is the monthly report as of December 15, 1998 for the Redevelopment Department. This report covers housing, redevelopment and economic development. HOUSING First Time Homebuyers Pro.clram · Funding in the amount of $400,000 is available for FY 98-99. 11 Loans have been closed for $220,960 with 3 loans pending. Residential Improvement ProQrams As of January 1998 to date, 21 projects have been completed and 15 are in process. The majority of these projects are roof repairs, repainting and fence replacement. Temecula O.N.E. Crime Free Multi-Housing Program certificates have also been awarded to Rancho West, Vintage View, Morning Ridge, Summer Breeze, Creekside, Sycamore Terrace, Acacia, Rancho California and Margarita Summit Apartments. North Pujol Redevelopment Project The Affirmed Housing Group has received development plan approval to rehabilitate 38 existing units and build 38 new 3-bedroom units. The project is currently in plan check. OLD TOWN Old Town Streetscape Improvement Projects Completion of the Streetscape improvement project is neady complete. All major improvements have been installed and only minor "tie backs" and some detail work remains to be completed. The sound system is operational and the gateway arches are scheduled to be installed the week of December 14. Facade Improvement Non-Conforminq Siqn Program The following facade improvement projects are completed: · Temecula Creek Plaza (southwest corner of Sixth and Front) - repair and paint · The Bank Restaurant - paint · Long Branch Antiques (Formerly NAPA Auto Parts) - facade renovation The following facade improvement applications are being processed: · Second Street Automotive complete facade renovation · Rancon Building - Repaint Trim Old Town Promotion Old Town has received lots of positive press coverage on the streetscape project, entertainment activities and venues. Old Town coverage appeared in all the local papers and publications, Old Town Supplement, San Diego Union Tdbune, Wall Street Journal and the antique publications. This has helped stir up a lot of curiosity on Old Town bdnging people to the area. The Spend A Buck, Get A Buck Live Auction was a success as well as the 2nd Annual Tree Lighting Ceremony. Both events were highly attended and well received. The Dicken's Christmas is currently underway in Old Town and is bringing a lot of visitors and residents to Old Town to shop and enjoy the holiday festivities. 2 ADVERTISING Media/Advertisin.cl Covera_ee An adicle on Temecula's business climate will be appearing in the upcoming Corporate Real Estate Executive publication. City staff worked with local commercial brokers and the EDC on the adicle. The article will appear in the NACORE Magazine which reaches corporate real estate executives, decision makers and site selectors. Magazine circulation consists of 15,345 corporate readers. The City advertised in Site Selection Magazine (the official publication for the IDRC Wodd Congress) and was distributed at the conference which was held on October 31st in San Antonio, TX. Fortune 500 companies make up the IDRC attendees. The City continues to follow-up with inquiries from Site Selection. The City advertised in the NACORE Welcome Program which was an effective way to promote the City before, during the NACORE meeting and for months following the NACORE Symposium & Exposition. Temecula's presence at the show was represented by the EDC. ECONOMIC DEVELOPMENT The Marketing Meeting was held on December 2nd with the City's marketing committee. Various topics were covered including: Economic Development Strategy Report, City website, media coverage, City trade show booth, upcoming meetings/decisions and the committee's marketing focus. The City held a Commercial Broker Workshop, which was held on December 3rd with local commercial real estate brokers. During this meeting, the brokers were updated on economic development issues including: programs, padnerships, trade shows, D.I.F. fees, commercial and industrial activities, marketing materials, advedising, and media outreach. The EDC and Chamber also padicipated in the workshop. Dr. John Husing presented the final report on Temecula's Economic Development Strategy to the City Council at the December 8th Council meeting. The final report was distributed to City Council, City Directors and Economic Development Staff, local commercial real estate brokers and the 20 community members that padicipated in the eady discussions with Dr. Husing. This repod will provide Temecula's community and economic leaders, city staff and elected officials with a context for thoroughly discussing and formulating the economic policies and programs to follow dudrig the next several years. The EDC represented all of Southwest Riverside County at the 25th Annual NACORE International Symposium & Exposition held in Chicago. Corporate real estate executives and site selection real estate consultants are the majority of attendees at the show. Approximately 150 brochures were distributed in the exhibit hall as well as at the seminars that were conducted during the show. For your review, a recap of the trade show is attached in the EDC's activity report. The City attended the Inland Empire Economic Partnership Membership Luncheon on November 18 in San Bernardino. Guest speakers included James Goudey, Executive Director of the Inland Valley Development Agency, Michael Beck, Director of New Initiatives and Economic Development at UCR, and Julie Holland with Cal Poly Pomona. Topics included discussion on the development of the TecParc, San Bernardino, UCR's Riverside Regional Technology Park and the business 3 incubator program developed at Cal Poly Pomona. Leads and Inquiries In the month of October, we responded to 0 leads and 14 inquiries. In the month of November, we responded to 0 leads and 42 inquiries. Note: Information on Fast Track, Expansion, Relocation and Speculative Building can now be found in the Community Development Department report. Tourism The Desert Sun publication in Palm Springs will feature a segment on Temecula in their Discovering Southern California publication. The City provided wdtten matedal and photos. The Budget Travelers Guide for San Diego will include Temecula in their publication. The City provided information and photos for their guide, which is due to come out in 1999. City staff prepares articles each month for the Temecula Valley Chamber of Commerce newsletter. The last two issues published included topics: City Coordinating Committee, and the Southwest Riverside County Workforce Development and One Stop Career Center. The City provided Bob Carter, a freelance travel writer, with information and photos on Temecula. Mr. Carter writes a quarterly "Out & About" column for RV Journal, a magazine with 125,000 circulation. He is beginning work on the Spring '99 edition. Richard Carroll, a freelance travel writer, contacted the City for information on wine country. The California Division of Tourism commissioned him to produce a piece on Southern California wine country. He has been receiving our press releases on Old Town and expressed interest in doing an article on the area in the future. The Old Town Temecula segment will appear on Sidewalk San Diego's Website in January. A photographer came up several times to take photos of Old Town's new look. Monthly calendar of events and Old Town press releases continue to go out to the media. Attachments: Temecula Valley Chamber of Commerce Report Temecula Valley Economic Development Corporation Repod 4 Economic Development Corporation l'emec,la November 15, 1998 Jim O'Grady Assistant City Manager City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 RE: Agency/EDC Contract - Activity Summary The following highlights the activities of the TVEDC during the month of October: Business Development Eight inquiries were received during October from various sources. One demographic package and two commuter study reports were mailed to a financial concern, a large retailer and a hotel management company. One lead was responded to out of three that were received from California Trade and Commerce. The lead was from a wire mesh manufacturer for a 100,000 sq. ft. building with 5 to 7 acres of land for storage. Several sites in Southwest Riverside County were offered with both existing structures and build to suit opportunities. Staats joined the City of Temecula in a prospect visit to a company in Poway looking to relocate in Temecula. Follow up telephone calls were made and information has been forwarded to the company. Marketing Outreach EDC represented all of Southwest Riverside County at the NACORE trade show held in Chicago. Corporate real estate executives and site selection real estate consultants are the majority of attendees at the show. Approximately 150 brochures were distributed in the exhibit hall as well as at the seminars that were conducted during the show. It would behoove the Cities of the region to consider attendance at this show based on obtaining as much prior information as possible. It is a show in which you build upon relationships that are made at the show and continued on a follow up basis throughout the year. Appointments should be made well in advance of the show to benefit from attendance. Exhibiting on a regional basis rather than as a member of Team California may also be an avenue to investigate before committing to the expense in the t><,,t ()f~cc l',l~x IAN8 · l'cn~cctfi:/.(Z.\ t)2qt)3-1388 · t)fficc q()tI/(~t)c,-:,l -xl) · F\X Jim O'Grady November 15, 1998 Page Two marketing budget. Staats attended the Third District Workshop held by Supervisor Venable at the Ramona Bowl. The focus of the workshop was the Department of Social Services. Child Protective Services, Adult Protective Services, Mental Health and Welfare Reform gave presentations. The welfare to work program will place an additional burden on this agency and it is in the best interest of economic development that the workforce being trained through this program be able to access necessary services. Staats attended the presentation made by Forbes magazine in connection with the special advertising section in Forbes magazine that will be published in May 1999 highlighting the Inland Empire. EDC was a sponsor and exhibitor at the 1998 Manufacturers' Connections Expo held at the Diamond Stadium. The event was attended by manufacturing companies throughout Southwest Riverside County and was structured for networking and collaboration opportunities. Business Relations The Business Relations Committee has conducted twenty-one visitations from August through October. They have exceeded their goal by six for that period of time. The visitations have produced concerns raised by some businesses regarding employee skills, traffic issues, flooding issues (raised by a Murrieta business), high building costs and fees, and water and sewer hook-up fees charged by Rancho Water District. Administration/Orqanization Staff has continued to assist the Board of Directors and Executive Committee in the strategic planning process. Two workshops were held during October using consultants and a facilitator to analyze the issues and formulate the goals and objectives to be envisioned for the organization. New computer equipment was purchased to establish a network that will increase staffs' efficiency level. This concludes the written summary of activity for the month of October. call if there are questions concerning this report. ~~cutive Director Please November 12, 1998 Ronald E. Bradley, City Manager City of Temecula 43200 Business Park Drive Temecula CA 92590 27450 Ynez Road, Suite 104 Temecula, CA 92591 Phone (909) 676-5090 · Fax (909) 694-0201 CITY COUNCIL FY! NOV i 8 !99 Dear Ron: Attached please find the Monthly Activity Report provided as per our contract with the City of Temecula. This is the month of October at a glance: Business Inquiry Highlights · 18 businesses requested information on starting or relocating their business in Temecula. Committee Highlights · Membership Committee's Chamber Ambassadors attended 12 ribbon cuttings. · The Tourism Committee is working on the One-Page Map project. This map will be available to tourist and will highlight all tourist aspects of our valley. · Local Business Promotions Committee's Shop Temecula First Campaign starts November 1! Local media supports the program through ads in the newspaper and a jingle can be heard throughout the month on KATY-FM · The Education Committee 's updated School Brochure has been distributed to all housing tracts and is available to potential new residents. · Supervisor Mullen gave a presentation on CETAP (Community and Environmental Transportation Acceptability Process) to the Government Action Committee. Concems addressed were transportation problems, infrastructure support, economic development and environmental protection. The ultimate outcome 30 years hence will not just be a conglomeration of highways that move cars, but a network of transregional corridors to consolidate movement. City of Mumeta: Rogersdale breaking ground. City of Temecula: adopted a bill to regulate adult businesses. "Temecula Valley Chamber of Commerce opposes sexual oriented adult entertainment enterprises within the City of Temecula". A broadcast fax was sent out to the TVCC membership and there has been a positive response received supporting the Board of Directors position. · Ways & Means Committee's Business Showcase was a huge success! Tourism Highlights (Bulk brochure distribution) · 1,000 Visitor Guides to Outdoor Resorts for distribution to visitors. · 200 Visitor Guides to Kay Williams for a group tour of Tcmccula. · 200 Winery Brochures to Juergcn for a physical therapy conference in Tcmccula. · 150 Travel Packets, 150 Old Town Maps and 100 Visitor Guides to The Questors for a convention held at Embassy Suites. 100 Old Town Maps and 100 Winery Brochures to Solaria Ridge Apartments for grand opening packets. · 100 Old Town Maps to Whirl Around Tours for a group coming to Temecu la. · 240 Visitor Guides, 120 Winery Brochures, 100 Old Town Maps, 10 City Maps to TVCCs' Weekend Visitors Center for distribution to tourist. · 50 Visitor Guides and 50 Winery Guides to GCG Enterprises for distribution to investors building a golf course in Temecula. · 50 Old Town Maps, 50 Visitor Guides and 50 Winery Brochures to Vern Monaco for a group tour of Temecula. · 50 Temecula Brochures to Pauma Country Club for distribution to guests. · 25 Visitor Guides to Jack Brook M.D. for a group tour to Temecula. · 20 Temecula Brochures, 40 Visitor Guides and 20 Winery Brochures to the Old Town Greeter for distribution to Tourist. · 12 Visitor Guides to Golden Century Travel for distribution to clients at the travel agency. New Business · Temecula Chamber of Commerce has contacted the Good Moming America news team who will be visiting Los Angeles, Carmel and San Diego. To entice them to visit Temecula, TVCC sent a letter of invitation, inviting them to visit our beautiful City. We also enclosed a City of Temecula polo shirt and a CD Rom. A copy of the letter is enclosed. Activity Report · Overall Tourism phone calls are up 55.97 percent from last year. · Overall phone calls are up 33.04 percent from last year. · Overall walk-ins are up 160.90 percent from last year. Also attached are the Meeting Minutes for the Local Business Promotions, Tourism, Education, Ways and Means and Govemmental Action Committees. If you have any question regarding this information, please contact me at the Chamber. Sincerely, ullivan ce: Mayor Ronald H. Roberts Mayor Pro Tem Steven J. Ford Councilman Jeff Comerchero Councilman Karel F. Lindemans Councilman Jeffcry E. Stone Ron Bradley, City Manager Jim O'Grady, Assistant City Manager Gloria Wolnick, Marketing Coordinator TVCC Board of Directors enCl: Letter to Good Morning America 27450 Ynez Road, Suite 104 Temecula, CA 92591 Phone (909) 676-5090 · Fax (909) 694-0201 November 6, 1998 GoOd Morning America News Director/Producer 77 West 66th Street New York, NY 10023 Dear News Director/Producer, You're coming to California and visiting Los Angeles, Carreel and San Diego. And while these cities are all beautiful, they don't have what Temecula's got! Located just one hour between Los Angeles and San Diego is Southern Califomia's Wine Country - the Temecula Valley! We have thirteen premium wineries which include Callaway Vineyard and Winery, Thornton Winery and Cafa Champagne, Mount Palomar Winery and Maurice Car'tie Winery. Our picturesque valley has become a Westcoast hot spot for tourism offering sunshine days of crystal blue skies, rolling hills of vineyards and groves, warm sunny days, and ocean-breeze cooled evenings! Our Old Town Temecula district is a true old west town full of antiques, collectibles, boutiques and fine dinning. Recently renovated, Old Town boasts of quaint boardwalks and a $5 million facade improvement. People often visit Temecula for our Wine Country and stay the weekend as we also have six championship golf courses including Redhawk by Mark O'Meara and Bear Creek Country Club - A Jack Nicholas course. Please join us on your trek to California. We offer you free rooms at one of our fine hotels, a wine country tour and then, the best way in the world to see our valley, a hot air balloon ride! We'll pull out the red carpet for your Good Morning America Team, and we'll throw in a crowd of very proud Temeculans to say "good morning to the world!" We've enclosed intbrmation about Temecula, a CD and some souvenirs for your consideration! If you have any questions please call Melody Brunsting at (909) 730-5467 (cell phone) or Alice Sullivan at (909) 676-5090. Sincerely, t~M~e~ody Brunsting Chairperson of the Board Alice Sullivan President/CEO PHONE CALLS TOURISM TOURISM REFERRALS Calendar of Events Special Events General Information TOTAL TOURISM CALLS RELOCATION DEMOGRAPHICS CHAMBER CHAMBER REFERRALS MISCELLANEOUS TOTAL PHONE CALLS WALK-INS TOURISM CALENDAR OF EVENTS SPECIAL EVENTS GENERAL INFORMATION RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL WALK-INS MAILINGS TOURISM RELOCATION DEMOGRAPHICS TOTAL MAILINGS TEMECULA VALLEY CHAMBER OF COMMERCE MONTHLY ACTIVITY REPORT For October, 1998 Chamber Vis. Center This Month This Month Total Year-To-Date 448 81 209 803 1,541 4297 1003 3815 9,048 17,289 169 36 2,055 6,191 171 10,163 1728 631 15,844 71,445 1418 82,795 104 72 48 562 160 66 856 71 1,939 91 0 7 79 1 0 0 25 203 2,328 920 723 6,010 1621 726 8,779 680 21,609 165 96 78 339 2038 1156 969 3,379 GRAND TOTALS PHONE CALLS WALK-INS MAILINGS THIS MONTH 10,163 2,142 339 YEAR-TO-DATE 98,192 21,042 4117 ANNUAL VOLUME COMPARISONS Chamber October, 1997 Chamber October, 1998 Percentage Increase PHONE CALLS TOURISM Tourism Referrals 353 448 26.91 Calendar of Events 83 81 -2.41 Special Events 233 209 -10.30 * General Information 319 803 151.72 TOTAL TOURISM CALLS 988 1,541 55.97 RELOCATION 97 169 74.23 DEMOGRAPHICS 25 36 44.00 CHAMBER 2,500 2,055 -17.80 CHAMBER REFERRALS 3,891 6,191 59.11 MISCELLANEOUS 138 171 23.91 TOTAL PHONE CALLS 7,639 10,163 33.04 WALK-INS TOURISM 85 * CALENDAR OF EVENTS N/A * SPECIAL EVENTS N/A * GENERAL INFORMATION N/A RELOCATION 162 * DEMOGRAPHICS N/A CHAMBER 574 * MISCELLANEOUS N/A VISITOR CENTER WALK-INS N/A TOTAL WALK-INS 821 104 72 48 562 160 66 856 71 203 2,142 22.35 N/A N/A N/A -1.23 N/A 49.13 N/A N/A 160.90 MAILINGS TOURISM 258 165 -36.05 RELOCATION 103 96 -6.80 DEMOGRAPHICS 95 78 -17.89 TOTAL MAILINGS 456 339 -25.66 * Categories adjusted in 1998 to more accurately track volume. ITEM 18 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council James B. O'Grady, Assistant City Manag?~ (~ December 15, 1998 Front Street Name Change to Old Town Front Street from Hwy 79S northerly up to Rancho California Road PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council: (1) consider changing the name of Front Street to Old Town Front Street from Hwy 79S to Rancho California Road; (2) if changed, adopt the following resolution; (3) consider approving freeway signage and provide direction for the installation of signage for Old Town Temecula; and (4) appropriate general fund reserves as necessary RESOLUTION NO. 98-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF FRONT STREET TO OLD TOWN FRONT STREET FROM HIGHWAY 79 SOUTH TO RANCHO CALIFORNIA ROAD. BACKGROUND: A petition signed by over 2,400 business owners and visitors to Old Town Temecula was presented to the Temecula City Council in September, 1998. The petition proposed changing the name of Front Street to Old Town Front Street. The area proposed extends from Highway 79 South northerly up to Rancho California Road. The reason behind this petition drive is that a street name change such as Old Town Front Street would qualif~ Temecula for freeway and/or directional signage under the guidelines of CALTRANS operations. This would provide increased recognition and directions to Old Town Temecula. On November 23, a workshop was held to answer questions about the proposed street name change. The workshop was attended by approximately a dozen merchants, as well as representatives of staff and CALTRANS. In summary, nearly all of the merchants were very supportive of changing the street name to increase recognition of Old Town. A handout was presented to all attendees in an attempt to answer the most frequently asked questions (Attachment A). PROPOSED SIGNAGE & COSTS City staff has met with CALTRANS, which has provided the City with three options to date for consideration of freeway/directional signage. These options would alert motorists of the intersection of Old Town Front Street at Highway 79 South. A fourth option of freeway signage discussed in the workshop surrounded possible signage that would make Rancho California Road the "gateway" entrance to Old Town for traffic from the north. Traffic from the south would be directed to access Old Town Front Street at Highway 79 South. This option and proposal is being reviewed by CALTRANS but has not been received as of the writing of this report. Option 1: involves four (4) free standing signs located south of Rancho California Road, south of Santiago and two (2) signs south of Hwy 79S. (Attachment B) Cost: $10,000 Option 2: This option involves four (4) free standing signs in the same locations as option 1 yet also includes two (2) overhead signs located North of Hwy 79S and just south of Hwy 79S. (Attachment C) Cost: $20,000 Option 3: This option involves three (3) overhead signs located at Rancho California Road, Santiago, and south of Hwy 79S. Option 3 also includes two (2) directional signs on both sides of Hwy 79S. (Attachment D) Cost: $30,000 Options 2 and 3 utilize existing sign locations as well as the addition of new signs. Staff believes that option 3 provides the greatest visibility of the Old Town Front Street Signage. In addition, the cost of installing and re-installing new City street signs within the proposed area would be approximately $5,000. *Please note rough costs have been provided by CALTRANS and to these staff has added a 25% contingency fee to cover unanticipated costs. INSTALLATION Should the City Council elect any of the above options for freeway signage, installation can be either performed through a City contract or via CALTRANS. CALTRANS can make and install the new freeway signage, however, due to their heavy workload and scheduling of work crews, this work could require up to eight months. To expedite this process, the City of Temecula, after obtaining the proper permits, scheduling of construction, and coordinating the making of such signs, could install the new freeway signage in approximately 4-6 months. CHANGING OF RECORDS The Postmaster has authorized a two-year grace period to have the address changed. This will assure all property owners/merchants that deliveries would not be interrupted during this transition period. The Building Department has a process in place to notify all interested parties (i.e. County Tax Assessor, Police, Fire, mapping) of street name changes. If the name change is approved by the City Council, resolution and minutes are forwarded to each agency. FISCAL IMPACT: Any City Council action towards the purchase of freeway signage will require an appropriation of General Fund Reserves to the Public Works Department Signs line item 001-164-601-5244. Attachments: A-Frequently Asked Questions B- CALTRANS Proposal C-CALTRANS Proposal D-CALTRANS Proposal RESOLUTION NO. 98-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF FRONT STREET TO OLD TOWN FRONT STREET FROM HIGHWAY 79 SOUTH TO RANCHO CALIFORNIA ROAD. The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, Section 34091.1 and 34092 of the Government Code provides for changing the name of a public street, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula determines and orders that the name of Front Street be changed to Old Town Front Street from Highway 79 South to Rancho California Road effective December 15, 1998, and that the City Clerk shall send the notices required by government Code Section 34092. PASSED, APPROVED AND ADOPTED this 15th day of December, 1998. ATTEST: Ron Roberrs, Mayor Susan W. Jones, CMC City Clerk [SEAL] Resos\98- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 98-__ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 15th day of December, 1998, by the following roll call vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos\98- 2 Attachment A November 23, 1998 Questions you may have... · What is the proposal? A petition signed by over 2,400 business owners and visitors to Old Town Temecula was presented to the Temecula City Council in September 1998. The petition proposes changing the name of Front Streetto Old Town Front Street. The proposed street name change extends from Highway 79 South northerly up to Rancho California Road. · What is the reason for the proposal? A street name change such as Old Town Front Street would qualify Temecula for freeway and/or directional signage under the guidelines of CALTRANS operations. This would provide increased recognition and directions to Old Town Temecula. · How does this affect those businesses north of Rancho California Road on Front Street? Not typically considered "Old Town", the portion of Front Street between Via Montezuma and Rancho California Road has three options. Option 1: No change. Leave as Front Street Option 2: Change to Old Town Front Street *Option 3: Change to Jefferson Ave (extending Jefferson to Rancho California Road) *If the City Council approves the proposal, City Staff, Police and Fire personnel feel option 3 would create less confusion for those visitors not accustomed to the area. · Who will decide if the street name should change? The Temecula City Council will ultimately make this decision. · What is the process for making this decision? The City Council will consider making such a street name change following a Public Hearing. Tonight's workshop is intended to answer questions about the proposal and to assist City Staff in preparing recommendations to the City Council. · When will the Public Hearing be held? The Public Hearing is scheduled for December 15, 1998 at 7:00 p.m. in the Temecula City Council Chambers. · Where would the signs be and what would they say? CALTRANS has provided the City with 3 options. Option 1: This option involves four (4) free standing signs located south of Rancho California Road, south of Santiago and two (2) signs south of Hwy 79S. (Please see exhibit 1 ). Option 2: This option involves four (4) free standing signs in the same locations as option 1 yet also includes two (2) overhead signs located North of Hwy 79S and just south of Hwy 79S. (Please see exhibit 2). Option 3: This option involves three (3) overhead signs located at Rancho California Road, Santiago and south of Hwy 79S. Option also includes two (2) directional signs on both sides of Hwy 79S. (Please see exhibit 3). · What is the cost to provide such signage? CALTRANS has provided Staff with rough cost estimates, and to these we have added a 25% contingency fee to cover unanticipated costs. These costs would be the responsibility of the City or the proposal sponsors. Option 1: $10,000 Option 2:$20,000 Option 3:$30,000 · What is the timing of installing such signage? Option 1: CALTRANS can make and install the new freeway signage. However, due to their heavy workload and scheduling of work crews, this work could require up to six months. Option 2: The City of Temecula, after obtaining the proper permits, scheduling the construction, and coordinating the making of such signs, could install the new freeway signage in approximately 4 months. · What changes will be required for City street name signs? The proposed area involves 15 blocks. The cost of installing and re-installing new street signs within this area would be between $4,000-$5,000. · How would a street name change affect post office deliveries? The Postmaster has authorized a two-year grace period to have the address changed. Deliveries would not be interrupted during this transition period. · What kinds of records will have to be changed? Who is responsible for making these changes? The Building Department has a process in place to notify all interested agencies (i.e., County Tax Assessor, Police, Fire, mapping) of street name changes. If the name change is approved by the City Council, resolution and minutes are forwarded to each agency. · Are historic designation signs an option instead of or in addition to interstate signs? Staff has had several discussions with the State Office of Historic Preservation regarding the designation of one or more specific buildings as well as the Old Town District as a whole. Due to the wide spacing of the historical buildings in the district, designation of Old Town is unlikely. In 1983, the Rancho-Temecula Area Women's Club completed a Historic Resources Inventory (known as the De Anza District Award) and forwarded it to the State Office of Historic Preservation. Representatives have reviewed the documentation and determined that although Old Town does not meet the criteria for district designation, the Mercantile building at 42051 Main Street is an excellent candidate for designation as a "Point of Historical Interest". With this approval, a small brown sign with that verbiage would be placed on the freeway, but the store name or location would not be listed. Due to early application submission criteria and the limited number of annual meetings held by the State Historical Resources Commission, we would anticipate a response regarding the request for designation of the Mercantile building in June or July, 1999. Old Town Front St. NEXT RIGHT ,Town Front St. I e,~,,,- EXIT 1 MILE · ii Old Town Front St. Old Tow;; Front St. NEXT RIGHT EXIT 1 MILE ! I I ! Indio ~ South Old Town Front St. EXIT LMiLiEI I 'lndio ('~ South Old Town Front St. Indio/~ South Old Town Front St. EXIT 1 MILE \ Indio ('~ South Old Town Front St. NEXT RIGHT ltMF'CULA VAI, J~Y Indio (:~ South Old Towi~ Front St. I South Temecula ('~ Indio Old Town Front St. EXIT 1 MILE ITEM 19 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council James B. O'Grady, Assistant City Manag~r~ December 15, 1998 Front Street Name Change to Jefferson Avenue from Rancho California Road northerly up to Via Montezuma PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council: (1) consider changing the name of Front Street to Jefferson Avenue from Via Montezuma to Rancho California Road and (2) if changed, adopt the following resolution. RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF FRONT STREET TO JEFFERSON AVENUE FROM VIA MONTEZUMA TO RANCHO CALIFORNIA ROAD. BACKGROUND: Should the City Council decide to change the name of Front Street to Old Town Front Street from Highway 79 South up to Rancho California Road, staff recommends that the portion of Front Street north of Rancho California be changed to Jefferson Avenue. It is the opinion of public safety officials, city staff as well as several merchants, that this extension would eliminate confusion associated with several street names in a ¼ mile radius. Extending Jefferson Avenue from Via Montezuma to Rancho California Road would also create a separation of streets by a major roadway in that of Rancho California Road. This proposal was addressed at a public workshop held for merchants and property owners on November 23, 1998. No one having property north of Rancho California Road attended the workshop. If Council approves the Old Town Front Street name change south of Rancho Califomia Road, staff would recommend that the portion of Front Street north of Rancho California Road be renamed to Jefferson Avenue. This would simplify the street naming in this area and is preferred by our Public Safety personnel. Staff has received one letter to date in favor of this change (Attachment A). FISCAL IMPACT: Cost for installing and reinstailing City Street signs to reflect the name change is approximately $1,500 and appropriate funding is available in the Public Works Departmental budget account 001-164-601-5410. Attachment: A-Letter RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF FRONT STREET TO JEFFERSON AVENUE FROM VIA MONTEZUMA TO RANCHO CALIFORNIA ROAD. The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, Section 34091.1 and 34092 of the Government Code provides for changing the name of a public street, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula determines and orders that the name of Front Street be changed to Jefferson Avenue from Via Montezuma to Rancho California Road effective December 16, 1998 and that the City Clerk shall send the notices required by Government Code Section 34092. PASSED, APPROVED AND ADOPTED this 15th day of December, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] Resos\98- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 98-__ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 15th day of December, 1998, by the following roll call vote. AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos\98- 2 Attachment A ELI B. DUBROW 611 WEST SIXTH STREET, 30TM FLOOR LOS ANGELES, CALIFORNIA 90017-3101 TELEPHONE: (213) 489-3222 FACSIMILE: 1213~ 622-4158 November 24, 1998 VIA FACSIMILE & U.S. MAIL (909) 694-6499 James O'Grady Assistant City Manager CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 DOCSXEBD Re: Proposed Street Name Change for Front Street, Temecula, CA Dear Mr. O'Grady: This letter follows receipt of yours dated November 13, 1998 and my telephone conversation of this date with Mr. Aaron Adams with respect to same. I as Trustee am the owner of the property at 27941 Front Street which is the city block on Front Street between Las Haciendas and Calle Cortez. I wish to advise you that I am in favor of changing the name for Front Street north of Rancho California Road to Jefferson Avenue particularly if the name of Front Street south of Rancho California Road is changed to Old Town Front Street. Changing the name as I indicated north of Rancho California Road to Jefferson Avenue will benefit the public in that it will eliminate confusion. I presume and it is my understanding that the cost of changing the name including the necessary signage changes on Front Street and particularly at the Rancho California Road off ramp will be borne by the City of Temecula and/or Cal Trans. I would appreciate very much your consideration of my recommendations set forth above. Thank you for your courtesy and cooperation. Yours very truly, ELI B. DUBROW EBD:ajh PROPERT~TEMECULA\EBDAIHLT. 023 ITEM 2O TO: FROM: DATE: SUBJECT: CITY MANAGER '~ CITY OF TEMECULA AGENDA REPORT City Council Ron E. Bradley, City Manager December 15, 1998 Appointment of Mayor and Mayor Pro Tem for the Year 1999 PREPARED BY: Susan W. Jones, City Clerk ~ RECOMMENDATION: Appoint the Mayor who will preside until the end of calendar year 1999 and appoint the Mayor Pro Tern who will assume the duties of the Mayor in the Mayor's absence and will hold this office until the end of calendar year 1999. BACKGROUND: The City Council annually appoints a member to serve as Mayor and Mayor Pro Tem. These offices will be assumed at January 12, 1999, City Council meeting. FISCAL IMPACT: None. R:iAGENDA REPORTSiMA YOR-MA YOR PRO TEM. DOC 12/8/98 ITEM 21 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council  oseph Kicak, Director of Public Works/City Engineer December 15, 1998 SUBJECT: Award of Construction Contract for the Overland Drive Overcrossing at Interstate Route 15, Project No. PW95-11 PREPARED BY: '~/~ William G. Hughes, Senior Engineer- Capital Projects RECOMMENDATION: That the City Council: 1. Receive an oral report on the bids received December 10, 1998. Award a construction contract for the Overland Drive Overcrossing at Interstate Route 15 subject to approval by Caltrans as recommended, and authorize the Mayor to execute the contract. Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of 10% of the contract amount. BACKGROUND: This project will construct a new bridge over Interstate Route 15, which will reduce traffic on the Winchester Road and Rancho California Road Interchanges. The general items of work to be completed consist of the following: Construct Overland Drive between Jefferson Avenue and Ynez Road including a bridge over Interstate Route 15, new traffic signals at Jefferson Avenue and Ynez Road, relocation and reconstruction of existing utilities; and landscape and irrigation improvements. On October 13, 1998 City Council authorized the Public Works Department to advertise for construction bids with instructions to accelerate the project completion before the opening of the Promenade Mall in October 1999. After advertising for construction bids, the City was notified that Caltrans would not allow for the acceleration as requested. The bid opening date was extend to December 10, 1998 to allow time to amend the project and to seek Caltrans approval to add incentive/disincentive pay to the contract. The estimated construction cost for this project is $7,500,000.00. The bid results will be presented during the City Council meeting with a recommendation. The plans are available for review in the City Engineer's office. R:\AGDRPT\98\l 013\PW95-11 .BID/ajp The specifications allow two hundred and seventy (270) working days for completion of this project. The 270 working days would complete the project in February 2000. The proposed incentive pay has been set at $5,000.00 per day not too exceed $500,000. The $500,000 maximum would push the anticipated completion date up to October 1999. FISCAL IMPACT: The Bridge Improvement Project is funded with CFD 88-12, ISTENSTP, Capital Project Reserves, Redevelopment Agency (RDA), and Developer Impact Fees. Adequate funds are available for this work in Account Nos. 210-165-604-5804. ATTACHMENTS: Proposed Contract Form F{:\AGDRPT\98\1013\PW95-11 .BID/ajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-11 0 VERLA ND DRIVE 0 VERCROSSING A T INTERSTATE ROUTE 15 THIS CONTRACT, made and entered into the day of ,19 __,by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and , hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. 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. PW95-11, OVERLAND DRIVE OVERCROSSING AT INTERSTATE ROUTE 15, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-11, OVERLAND DRIVE OVERCROSSING AT INTERSTATE ROUTE 15. Copies of these Standard Specifications are available from the publisher: Building New, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW95-11, OVERLAND DRIVE OVERCROSSING AT INTERSTATE ROUTE 15. 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. CONTRACT CA-1 R:\cip%prolects%pw95%pw95-11\contractpw95-1 l/ajp The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW95-11, OVERLAND DRIVE OVERCROSSING AT INTERSTATE ROUTE 15 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: DOLLARS and __CENTS ($ ), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Two Hundred Seventy (270) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCEHDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: 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 CONT RAC T CA-2 R:\c~p~rolects~pw95~w95-11 \contractpw95-11/ajp filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public 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. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000 0 $75,000 RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,00- $500,000 180 days $2,250 + 2% of amount in excess of $75,000 Over$500,000 One Year $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT CA-3 R:\cip~projects~pw95~pw95-11\contractpw95-1 l/ajp 10. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of 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 $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 11. TIME OF THE ESSENCE. Time is of the essence in this contract. 12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 13. 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. 14. 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. 15. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely CONTRACT CA-4 R:\c~p~projects~pw95~pw95-11\contractpw95-1 l/alp 17. 18. performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 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. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 19. 20. 21. 22. 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. 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. 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. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA-5 R:\c~p%proiects~pw95~pw95-11\contractpw95~1 l/ajp IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Name Address City Phone By: Print or type NAME DATED: APPROVED AS TO FORM: Print or type TITLE CITY OF TEMECULA By: Ron Robert, Mayor Peter M. Thorson, City Attomey ATTEST: Susan W. Jones, CMC, City Clerk CON T RAC T CA-6 R :\cip%projects%pw95%pw95-11 \contractpw95-11/ajp TO: FRO M: .//"~' DATE: SUBJECT: CITY OF TEMECULA SUPPLEMENTAL AGENDA REPORT City Manager/City Council / Joseph Kicak, Director of Public Works/City Engineer December 15, 1998 Award of Construction Contract for the Overland Drive Overcrossing at Interstate Route 15, Project No. PW95-11 PREPARED BY: RECOMMENDATION: 1, William G. Hughes, Senior Engineer - Capital Projects That the City Council: Award a contract for the construction of Ovedand Drive Overcrossing at Interstate Route 15, Project No. PW 95-11, to C. C. Myers, Inc. in the amount of $6,008,546.20 subject to approval by Caltrans as recommended, and authorize the Mayor to execute the contract. Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of $600,854.62, which is equal to10% of the contract amount. BACKGROUND: The engineer's estimate for this project is $7,500,000.00. Twelve (12) bids for the project were publicly opened on December 10, 1998. The results are as follows: 2. 3. 4. 5. 6. 7. 8. 9. 10. C.C. MYERS INC .........................................................................................$6,008,546.20 BRUTOCO ENG. & CONST., INC ................................................................$6,339,958.20 E.L. YEAGER CONSTRUCTION COMPANY INC ........................................ $6,494,335.45 GRANITE CONSTRUCTION COMPANY ..................................................... $6,555,555.00 RIVERSIDE CONSTRUCTION COMPANY .................................................. $6,789,777.00 STEVE P. RADOS, INC ...............................................................................$6,862,433.30 MORRISON KNUDSEN CORPORATION .................................................... $6,878,420.54 GRIFFITH COMPANY ..................................................................................$6,898,354.68 MCM CONSTRUCTION INC ........................................................................$7,168,880.05 SHASTA CONSTRUCTORS, INC ................................................................$7,427,686.15 R:\AGDRPT\98\ 1215\PW95-11 .SUP/ajp 11. WEIR CONSTRUCTION CORPORATION ................................................... $7,577,338.31 12. ARCHER WESTERN CONTRACTORS, LTD ............................................... $7,621,372.08 We have reviewed the bid proposal from C. C. Myers Inc. and found it to be acceptable. C. C. Myers Inc. has performed satisfactory work for the Pod of Long Beach and has also performed well on Caltrans bridge projects in Califomia based on their references. We have also contacted the State Contractors License Board and confirmed that their license is current and in good standing. The construction schedule is for 520 working days, which consists of 270 working days for construction and 250 working days for plant establishment. Construction is expected to begin in January 1999. A copy of the bid summary is available for review in the office of the Director of Public Works. FISCAL IMPACT: The Overland Overcrossing Project is funded with CFD 88-12, TEA/STP, Capital Project Reserves, Redevelopment Agency (RDA), and Development Impact Fees. The total project amount is $6,609,400.82 which includes the contract amount of $6,008,546.20 plus the 10% contingency amount of $600,854.62. Sufficient funds have been appropriated into Account No. 210- 165-604-5804. ATTACHMENTS: Contract R:\AGDRPT\98\1215\PW95-11 .SUP/ajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-'1'I 0 VERLAND DRIVE 0 VERCROSSING A T INTERSTATE ROUTE 15 THIS CONTRACT, made and entered into the 15th day of December, 1998 ,by and between the City of Temecula, a municipal corporation, hereina~er referred to as "CITY", and C.C. Myers, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. 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. PW95-11, OVERLAND DRIVE OVERCROSSING AT INTERSTATE ROUTE 15, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-11, OVERLAND DRIVE OVERCROSSING AT INTERSTATE ROUTE 15. Copies of these Standard Specifications are available from the publisher: Building New, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW95-11, OVERLAND DRIVE OVERCROSSING AT INTERSTATE ROUTE 15. 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. C ONT RAC T CA-1 R :\cip~roiects%pw95%pw95-11 \contractpw95-11/ajp The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW95-11, OVERLAND DRIVE OVERCROSSING AT INTERSTATE ROUTE 15 · All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: SIX MILLION EIGHT THOUSAND FIVE HUNDRED FORTY SIX DOLLARS and TWENTY CENTS ($6,008,546.20), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Two Hundred Seventy (270) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: 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 CONT RAC T CA-2 R :\cip~proiects~pw95~pw95-11 \contractpw95-11/ajp filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public 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. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,O0O 0 $75,OOO RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,00- $500,000 180 days $2,250 + 2% ofamountin excess of $75,000 Over $500,000 One Year $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. C ON T RAC T CA-3 R :\cip%proiects%pw95%pw95-11 \contractpw95-11/ajp 10. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of 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 $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 11. TIME OF THE ESSENCE. Time is of the essence in this contract. 12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 13. 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. 14. 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. 15. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely COr,J T RAC T CA-4 R \c.p~prolects%pw95%pw95-11\contractpw95-1 l/alp 17. 18. 19. 20. 21. 22. performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 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. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 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. 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. 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. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 C ON T RAC T CA-5 R :\cip~orojects~aw95~w95-11 \con tractpw95-11/ajp IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR C.C. Meyers, Inc. P.O. Box 2948 Rancho Cordova, CA 95741-2948 (916) 635-9370 By: C.C. Meyers, President DATED: APPROVED AS TO FORM: CITY OF TEMECULA By: Ron Roberts, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk C ON f RAC T CA-6 R\c~p~prolects~w95~w95-11 \contractpw95-11/ajp ITEM 22 CITY OF TEMECULA AGENDA REPORT APPROV.~ CITY ATTORNEY DIRECTOR OF FINA~ CITY MANAGER TO: FROM: DATE: SUBJECT: City Manager/City Council James O'Grady, Assistant City Manager December 15, 1998 Consideration of Sponsorship Requests Prepared by: Gloda Wolnick, Marketing Coordinator RECOMMENDATION: requests for: That the City Council consider the sponsorship 1) 2) 3) Temecula Rod Run Frontier Days Rodeo Temecula Valley Balloon & Wine Festival DISCUSSION: Staff has received the annual sponsorship requests for the Temecula Rod Run, the Frontier Days Rodeo and the Temecula Valley Balloon & Wine Festival. The City of Temecula hosts a wide array of exciting special events year-round all adding to its rich quality of life. Residents and visitors look forward to attending these popular events each year and these events help make Temecula the unique community that it is. Due to the fact that the events promote toudsm in Temecula, funding would come from the General Fund's budget. There will be no commissions paid to any party for the City of Temecula's sponsorships. Temecula Rod Run Staff has received the sponsorship request in the amount of $15,000 cash, plus pay for all city-support service costs such as fire and police. Total cost and support services to be received by the TTA for the sponsorship of the Rod Run is $39,835. This is a requested cash funding increase of $5,000 over 1998. The TTA has previously paid cash for the police services which are estimated at $18,000. The City had previously paid for the costs of fire and public works services of $6,835 and will continue to pay these expenses in 1999. Therefore, the total increase in City cash/support requested is $23,000. R:%Redev%Wolnickg%City of Temecula Agenda Report 12/10/98 Police service costs have varied over the past several years due to several factors including poor weather at the '98 event and an incident occurring in '97. In 1997 the cost for police services totaled $28,964.76. A credit of $10,093.04 was given to TTA which the City absorbed. In 1998 the cost for police services were $12,665.61. An outline of city services provided to TTA for this event and their costs are attached for your review. The TTA indicates that the reason for their increased request is due to increased costs and a desire to return more to the community through the Town Association's charitable events including high school scholarships and the TTA's annual community-wide free Christmas dinner. TTA is requesting payment for the sponsorship 45 days prior to the event. The Temecula Town Association, a long-standing non-profit organization, will produce the Rod Run event for the second year. This is the largest event held within the City of Temecula. This regional event has become a favorite for Southern Californian's, as displayed by the 40,000 plus spectators that fill the streets of Old Town each year. Dispute a rainy Saturday, last year the event drew about 25,000 spectators. The 13th Annual Temecula Rod Run will be held on Valentine's Day/President's Day Weekend, February 12 -14, 1999, in Old Town Temecula. This family event will feature a Bike and Blade Show on Friday evening in Old Town. On Saturday evening, a Valentine's Heads & Rods Dance, Barbecue and Sock Hop at Pechanga Entertainment Center will also be featured. Last year, a comprehensive marketing program included publicity with general interest publications, in-flight publications, auto-related magazines, regional and entertainment magazines, newspapers from Ventura to San Diego, Los Angeles and San Diego television and regional radio. Nearly 3 million impressions were achieved through advertising and publicity for the '98 event. Event articles appeared in major newspapers as the Los Angeles Times, San Diego Union Tribune, North County Times, and local papers. Magazine coverage included Westways, Inland Empire Magazine, RV Joumal and local publications. Radio promotions reached an audience that exceeded 150,000 including KOLA, KATY and KKLD in Prescott, AZ. Television reached over one million through television news which included KCAL - 9, KABC - 7, KTLA - 5 and KNBC - 4. The Rod Run also had billboard advertising in the Inland Empire. Marketing and public relations for the '99 Rod Run will be conducted at car shows throughout the Southland, in car/rod entertainment magazines and newspapers, on television and radio throughout Southern California. Additional marketing will include local media, print and radio. Frontier Days Rodeo Staff has received the sponsorship request in the amount of $15,000 cash, plus pay for all city-support service costs such as fire and police. Total cost and support services to be received by the TTA for the sponsorship of the Frontier Days Rodeo is $20,476. R:\Redev%Wdnickg\City of Temecula Agenda Report 12/10/98 This is a requested cash funding increase of $5,000 over 1998. The TTA has previously paid cash for the police services which are estimated at $3,000. The City had previously paid for the costs of fire and public works services of $2,476 and will continue to pay these expenses in 1999. Therefore, the total increase in City cash/support requested is $8,000. In previous years, the City has provided some event support including Public Works and Fire assistance at no cost to TTA which is attached for your review. TTA is requesting sponsorship payment due 45 days prior to the event. The TTA indicates that the reason for their increased request is due to increased costs and a desire to return more to the community through the organization's charitable events. All proceeds to the rodeo will go towards charitable projects including scholarships for Temecula high school seniors, property for the local Boys and Girls Club, and an annual Christmas Dinner. The Frontier Days Rodeo, A PRCA-Sanctioned Rodeo, is produced by the Temecula Town Association. The rodeo will be held May 29 & 30, 1999. On May 28th, a "Lil Cowpoke Matinee" will be held. Marketing events for the '98 rodeo included: Media day - Local media attended the media preview, which was held at Texas Lil's in Old Town. > Lil Cowpokes Rodeo - Invitations were sent to all schools in the Temecula Valley School District for children first through fifth grades to attend a free rodeo presentation. This year over 300 children participated in the program and between 500 to 1,000 children are expected to participate next year. > Taste of Old Town Temecula - A rodeo dance and dinner was held at the 6th Street Parking Lot in Old Town. Up to 200 people artended. This rodeo, has a 22-year history and was moved to Temecula in 1997. A permanent arena and showgrounds facility was constructed for the Frontier Days Rodeo at the northwest sports complex at Diaz and Winchester Roads. Media coverage for the '98 event consisted of radio, pdnt and website coverage. As a Dodge Circuit, the rodeo was listed in PRCA Pro Rodeo News with 40,000 circulation, and on the PRCA Web Page with 1 million hits per year. This past year the rodeo hosted hundreds of cowboys and drew approximately 10,000 spectators over the weekend. The 1999 Frontier Days Rodeo is expected to draw the same amount of spectators. Press releases were distributed to Southern California media for six weeks prior to the event. PSAs and radio ticket giveaways were offered on KATY, KCKC AND KIKFM stations. The event was covered in local newspapers and magazines as well as the Los Angeles Times. Publicity for the '99 rodeo will include local radio, newspapers and direct mail shoppers, and it will be coordinated with a city-run marketing program. It is packaged with a public relations campaign that incorporates a media day at DLR Ranch, public school field tdp to the rodeo grounds as well as other school outreach, western wear week and Frontier Days celebrations throughout Old Town. R :\Redev~Wdnickg~City of Ternecula Agenda Report 12/10/98 Temecula Valley Balloon & Wine Festival Staff has received altemative sponsorship requests in the amount of a) $15,000 for Gold Balloon Sponsor, b) $35,000 for Premier Sponsor or c) $50,000 for Presenting Sponsor of the Temecula Valley Balloon & Wine Festival. A copy of these requests is attached for your review. Depending on the level of sponsorship selected, the Festival is requesting an additional $20,000 or $35,000 cash in sponsorship over last year. The Festival indicates that the increase is justified as their costs for marketing and related advertising, public relations efforts to market the Festival on an ongoing basis has directly expanded. The Temecula Valley Balloon & Wine Festival has a balance due the City for $5,000 from the loan made in 1992 which they plan to be paid in full at the conclusion of the 1999 Festival. As an alternative, the City Council may wish to reduce the funding request by $5,000 to pay off the loan balance. The balance was not paid in 1998 due to a lack of cash flow. The lack of cash flow was directly related to: 1998 Festival revenues were substantially under budget resulting in a $25,000 loss. The loss can be directly attributed to: low attendance levels on Friday night and Saturday because of poor weather which resulted in lower souvenir and all overall sales. The Temecula Valley Balloon and Wine Festival, effective with the 1999 Festival, revised its policy on community donations. The Festival will no longer make donations to such groups as Boy Scouts, 4-H, and any other volunteer organizations until all financial reporting is completed and specifically sufficient reserves are established for Festival operation between actual Festival times. The Festival continues to maintain its high level of attendance which ranges from 36,000 - 50,000 guests. The 1998 attendance was 36,000. The 1999 Temecula Valley Balloon & Wine Festival will be celebrating its 16-year anniversary, May I - 2, 1999 at Lake Skinner. The Friday night Balloon Glow will not occur this year due to a number of reasons including: The guests have transitioned to the Saturday night Balloon Glow by their own volition. The revenues generated on Friday night were not significant. A Friday Night Glow sponsorship did not penetrate the market share a sponsor would want for their investment. The Balloon & Wine Festival has taken significant steps to enhance and guarantee the future of their event. The Festival has restructured their organization and their financial and reporting procedures to improve accountability without compromising the safety and enjoyment of their guests. Another major improvement includes a new layout for the festival taking into consideration the beauty of the Lake Skinner area. The event will R:\Rede'AWdnickg\City of Tennecula Agenda Report 12/10/98 display a festival atmosphere with the Winedes and Arts Fair at the entrance and the main stage located at the back. The 1998 media outreach used pre-planned diversity to maximize marketing contacts consisting of electronic, print and broadcast media serving multiple geographical locations including Northern California and Nevada. Radio media included KLOS, KFMB KFI, Magic 95.7, KFRG which reached San Diego, Los Angeles, Orange and Riverside Counties. Potential attendees were outreached through television stations KGTV, KABC, KNBC, KTLA, and KTTV. Newspaper and magazine coverage consisted of major and local media as the Los Angeles Times, San Diego Union-Tribune, the Oakland Tribune and the Orange County Register, San Diego This Week, and the San Diego Family Magazine. Some of the special outreach included Alaska Aidines, North County Fair Mall, International Visitors Center, Ontario Mills Mall Visitors Center, and Tower Records (14 locations). The Festival has budgeted approximately $90,000 for advertising and is orchestrating a comprehensive marketing, promotional and publicity campaign for its 1999 event. Included in the campaign are promotional marketing tie-ins to major companies, print, radio, television and website coverage. Shopping centers, including the Lake Elsinore Outlet Center, Ontario Mills, North County Fair, Horton Plaza and other high-traffic centers have been contacted to assist in promotions as well. FISCAL IMPACT: An appropriation is included in the 1998-99 General Fund budget to fund the Temecula Rod Run and the Frontier Days Rodeo requests in the amount of $10,000 dollars per event. An additional appropriation from the Unreserved General Fund balance to account #001-111-999-5266 will be necessary if the Council desires to increase the sponsorship for the Rod Run and Frontier Days Rodeo to $15,000 cash per event, plus $24,835 in fire and police services (Rod Run) and $5,476 (Frontier Days Rodeo). An appropriation is included in the 1998-99 General Fund budget to fund the Balloon & Wine Festival in the amount of $15,000 dollars. An additional appropriation from the Unreserved General Fund balance to account #001-111-999-5266 will be necessary if the Council desires to increase the sponsorship for the Balloon & Wine Festival to $35,000 or $50,000. ATTACHMENTS: Temecula Rod Run Attachment A - Sponsorship Package Attachment B - Budget and Media Plan Attachment C - City Support Services and Costs Attachment D - Instructions For Completing and Submitting Evidence of Insurance Frontier Days Rodeo Attachment A- Sponsorship Package Attachment B - Budget and Media Plan Attachment C- City Support Services and Costs Attachment D- Instructions For Completing and Submitting Evidence of Insurance R:'~Rede~AWdnickg%City of Temecula Agenda Report 12/10/98 Temecula Balloon & Wine Festival Attachment A - A-1 A-2 A-3 Attachment B - Sponsorship Packages Sponsorship Package 1 Sponsorship Package 2 Sponsorship Package 3 Budget and Media Plan R:\Redev~Wdnickg\City of Temecuta Agenda Report 12/10/98 TEMECULA ROD RUN ATTACHMENT A Sponsorship Package ATTACHMENT A The City of Temecula's benefits as a Sponsor of the 1999 Rod Run: · City logo/or name will appear on press releases, advertisements, flyers and promotional items relating to the event. · City name on all driver, vendor and sponsor materials. · City name on banner promoting the event displayed in the concourse area for the weekend (Front Street). · City will receive 15 of each event souvenir (where applicable). (Souvenirs to be delivered to City Hall two weeks prior the event). · Additional souvenirs for City marketing efforts upon request. · City name on event Tee Shins. · Full page, color ad in Rod Run official program (color if available). (City is to be contacted two weeks prior when the ad is due). · 20 Admission Passes to the special Saturday Night Event. (Passes are to be delivered to City Hall two weeks prior the event). · 12 VIP Passes, and parking passes to the event. (Passes are to be delivered to City Hall two weeks prior the event). · Licensing rights allowing use of event logo in your company 's marketing program. · City name as lead-in to radio promotions for the event. · City of Temecula marketing and publicity pieces included in media kits. · Media exposure for City and Old Town via publicity and marketing. · Dignitary invitation to any pre-event television events. · First right-of-refusal for the 2000 Rod Run ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA TOWN ASSOCIATION This Agreement, made this 15th day of December, 1998, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA TOWN ASSOCIATION, a California nonprofit corporation (hereinafter referred to as (TTA"). A. TTA will operate the "Temecula Rod Run" on February 12, 13 and 14, 1999. The Temecula Rod Run is a special event located in Old Town Temecula involving the display of classic cars. Attendance in previous years has been between 25,000 to 40,000+ people for the 3-day event. B. The City of Temecula desires to be a Site Sponsor of the 1999 Temecula Rod Run. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for the payment of $__, the City of Temecula shall be designated as a "Site Sponsor" of the 1999 Temecula Rod Run. The City will also provide event support including Public Works, Fire and Police Services, totaling approximately $ . In exchange for being a Site Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. Following the Rod Run, TTA shall prepare and submit to the City Manager a written report evaluating the Rod Run, its attendance, and describing the materials in which the City was listed as a Site Sponsor. C. TTA agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or property by reason of TTA's acts or omissions or those of TTA's employees, officers, agents, or invites in connection with the Temecula Rod Run to the maximum extent allowed by law. D. TTA shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with TTA and shall furnish a Certificate of Liability by the City (refer to Attachment D). Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Temecula Rod Run. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Temecula Rod Run. \\TEMEC_FS201\DATA\DEPTS\REDEV\WOLNICKG\staffrpt99events.doc 1 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. (B) Liquor Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 4. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Temecula Rod Run. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TTA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party conceming the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. F. TTA shall promptly fumish the City, upon the completion of TTA operating year, certified copies of annual operating statement. \\TEMEC_FS201\DATA\DEPTS\REDEV\WOLNICKG\staffrpt99events.doc 2 IN WITNESS WHEREOF, the City has caused its corporate name and seal to be hereunto subscribed and affixed by Chairperson and attest to by the City Clerk, both thereunto duly authorized, and the Temecula Town Association, has hereunto subscribed this Contract day, month, and year hereinabove written. DATED: TEMECULA TOWN ASSOCIATION CITY OF TEMECULA BY: John Sterling, General Manager Ronald H. Roberts, Mayor City of Temecula ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney X\TEMEC_FS201\DATA\DEPTS\REDEV\WOLNICKG\staffrpt99events.doc 3 ATTACHMENT B Budget and Media Plan TEMECULA TOWN ASSOCIATION PROPOSED 1999 BUDGET DEPT 5 (ROD RUN) INCOME: Beer/Bar Entries Parking Souvenirs Sponsors Vendors TOTAL INCOME 9,000.00 24.000.00 5,000.00 12.000.00 50,000.00 15,000.00 115,000.00 EXPENSES: Aavertising & PR Awards & Trophies Beer/Bar Car Club Contingencies Dance Donations-Service Equipment Rental Gifts & Souvenirs Golf Carts/Radios Hospitality. Insurance Motor Home Office Expense Parking/Bus Pennits/Licenses Sanitation Security Signage Site Prep Sound/DJ Trash-Clean Up TOTAL EXPENSES 10,000.00 2,500.00 3,000.00 1,000.00 5,500.00 1.000.00 2,000.00 5,000.00 12,000.00 1,000.00 500.00 4,000.00 400.00 3,000.00 2,000.00 500.00 3,000.00 3,500.00 1,000.00 1,000.00 3,000.00 2,500.00 67,400.00 JTuesday December 8, 1998 4:49pm -- From '1 909 678 5467' -- Page 2J 1999 TEMECULA ROD RUN MARKETING TOOLS/METHODS BOTI'LE NECK RIDERS Through Coca-Cola and Budweiser, produce bottleneck riders promoting the Temecula Rod Run and dates. Distribution to begin in September WEBSITE/PAGE Develop website page through Melody's Ad Works web site. Website will be constantly re-submitted to search engines to assure top reading on website. Website will also be linked to Chamber website promoting events. FLYERS/POSTERS Flyers (5,000) will be printed the last week in January and distributed through grocery stores, Old Town Temecula Restaurants, and hotels. Applications and flyors (10,000) will be distributed beginning in August and continued through February at car shows and via car clubs. Posters will be displayed at major centers and stores throughout Temccula, Lake Elsinorc, Mur~eta and Mcnifcc Valley. The Press-Enterprise will design the postcrs and program cover. PROGRAMS 38,000 programs will be printed and 36,0(X) inserted in the Press-Enterprise southwest zone. TABLE TENTS Will be produced and distributed in Old Town Temecula restaurants and be on tables by January 9. Table tents will be laser printed by Melody's Ad works. B-ROLLS Will bc dcvclopcd and distributed to all Television Stations and the ESPN extrcmc sports channel. An invitation will be sc~t to all to ~lm the evmts as well as announce the event on their sports, weather and "community calendar" segments. B -roll will also be sent to Good Morning America and Hal Roker~Today Show with the invitation to film from the Rod Run. We will invite Good Morning America to shoot their "Good Moming America" shot from the Rod Run. ff this is approved by GMA, we will also invite local schools to fill the bleachers during thc broadcast. 1999 Rod Run Promotional Events JANUARY 9, 199 BROADCASTER MEDIA DAY To encourage support and promotion of the event via media, and magazines with longer lead-time, a media day will be staged in January (first or second week}. A Select few magazine writers, travel writers and travel/entertainment broadcasters will be invited to attend our "Media Poker Run Weekend.* The media will be treated to a Poker Bun on Saturday, Wine Tasting at Callaway Vineyard and Winery Saturday afterooon, a tour of Pechanga Entertainment Center (presenting sponsor) on Saturday night and brunch with a walking tour of Old Town Temecula on Sunday. The winning poker hand will receive a hot air balloon flight for two over Temecula. All aspects of this weekend will be sponsored. VIGNETTES TO THE STARS Stage separate displays throughout the community or in one or two of the shopping centers featuring cars of the movies and cars of the stars. This will ETuesday December 8, 1998 4:49pm -- From '1 909 678 5467' -- Page be down through the Checkered Flag 500 of the Peterson Car Museum and other connections. Cars will be sponsored and provide additional areas of Temecula for guests to visit. Suggestions are for Palm Plaza and Town Center/Target Shopping Center for 1999. This approach would build over the years and hopefully be staged at the new mall in the year 2,000. Shopping Centers will pay for the sponsorship of the "star" vehicles and promotion of the "vignette." Eventually, the ideal situation would be to have several vignettes, and incorporate different makes of cars at these vignettes. This would open the number of cars, and help spread the traffic flow of the Rod Run throughout the community. FAMILY NIGHT WITH BIKE AND BLADE SHOW At one of the city's parking lots stage a family night where for a minimum ticket price of $3 per person, or $10 per family, Gale Webb's Bike and Blade show will provide two performances with her high flying stunt bicyclists and roller bladers. This will be the kick off for Rod Run Night and is designed to bring the locals into Old Town to get an early peak at the Hot Rods, while treating the family to an entertaining and motivational show. TEMECULA ROD RUN PROMOTIONAL SPONSORS 8 PARTNERSHIPS These sponsors will provide a combination of promotional support for the events while providing some cash. Promotional contributions will include in- store displays, radio commercial tags of events, sampling products at events, shelf talkers, neck riders, posters and insert ads. (Proposed at this time) Promotional Sponsorships: a. Albertson's Grocery Store* b. Coca-Cola* c. Atheno's Mediterranean Spreads d. Hillshire Farms Sausages e. Budweiser* f. Tide Soap g. Stagg/Denison's Chili h. Six Gun Chili i. Mission Chips j. Pep Boys k. Valvoline Oil Wynn Oil Filters Boyd Products n. Banana Boat Sunscreen o. Pennzoil p. Race Against Drugs World of Outlaws r. NHRA jTuesday December 8, 1998 4:49pm -- From '1 909 678 5467' -- Page 41 s. K-Mart Sponsors 1. KATY 101.3 FM 2. Press-Enterprise 3. The Californian 4. The Pennysaver 5. KFXG 92.9 FM 6. KCXX 7. Kola/Kcal Radio 8. Ksets FM 9. Continental Cable 10. Tci Cable ROD RUN PROMOTIONS AND MARKETING TIMELINE The following timeline is abbreviated, but displays the need for an ~' early start" on Rod Run Promotions and Sponsorships. AUGUST First right of refusal for presenting sponsorship and all sponsors sent out Develop long lead media day and obtain sponsors -, Order cars from Match Box -- Distribute applications SEPTEMBER -, Mail long lead media calendar notices -, Announce presenting sponsor. --, Distribute applications. Reserve any rooms needed for February. OCTOBER Mail long lead media kits, announcements. -, Announce "vignettes' and sponsors. -, Distribute applications. -, Promote Rod Run in Tractor Race Program. -, Procure sponsorships and vendors -, Prepare poster art and program art. NOVEMBER Continue sponsor sales. Announce collectible car. Announce special activities. Confirm media participation and promotion Order B-rolls Order billboard/have art ready. Long lead media day Marketing Public Relations Promotions 21705 Como Street e Widomar e C~r'foz'r~, 92595 (9091 676--7875 (909) ,e 678-1456 e Fax (909) 678-5467 DECEMBER --,Conclude sponsorship sales. -, Write copy for Rod Run Program. ---,Prepare media day invites for January. ---,Prepare advertisements -, Prepare radio commercials -, Table tents in local restaurants JANUARY - Media day for locals - Submit copy for Program - Announce dance entertainment - Announce star cars/vignettes - Distribute and display posters - Distribute and display flyers. - Hang Banners (the ones that are still hanging) - Schedule Ads - Billboard starts - Radio advertising starts FEBRUARY --, Continue with press -, Program release I week before event -, Distribute flyers through grocery stores -, Prepare sponsorship packets --, Set up press rides for poker run --, Set up press photos for any star cars Follow up press at event. Morketing Public Reletions Promotions 21705 Como Street e' ~A~JcJo~, C~f'fc,,,i= 92595 (909) 676..7875 (909), 678..1456 e- ~3x (909) 678-5467 ATTACHMENT C City Support Services and Costs City Support Services and Costs for Temecula Rod Run Below are the City generated services and their costs provided to the Temecula Town Association (TTA) for the Rod Run event. In the past these services have been provided to the TTA at no cost to their organization. Fire Services Services include 6 Fire Safety Specialists, Com 33 Unit, Company 84 Service Costs: $4,335 Public Works Services Services include 5 maintenance workers, one-ton truck stake bed, and barricades Service Costs: $2,500 Police Services Note: Services have been paid previously by the TTA and asking the City to pay all police expenses for the '99 Rod Run. Service Costs: Approximately $18,000 the organization is TOTAL SERVICE COSTS: $24,835 R:%Redev%Wdnickg\City of Temecula Agenda Report 12_/08/98 ATTACHMENT D Instructions for Completing and Submitting Evidence of Insurance ATTACHMENT "D" INSTRUCTIONS FOR COMPLETING, EXECUTING AND SUBMITTING EVIDENCE OF INSURANCE TO THE CITY OF TEMECULA The following information is provided to assist you in completing insurance endorsements and certificates required by the City of Temecula: Date Company Name Information To Insured A. 1. In order to reduce time delays in providing evidence of insurance to the City of Temecula, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement form(s) along with these instructions for completing, executing, and submitting evidence of insurance. If the agreement requires Workers' Compensation coverage and you have been authorized by the State of California to self-insure Workers' Compensation, a copy of the certificate shall meet the requirements for Workers' Compensation insurance covering activities within the State of California. All questions relating to insurance should be directed to the department or office responsible for your contract, lease, permit, or other agreement. Information To Insurance Agent or Broker B. 1. The appropriate endorsement form shall be used. No changes in the terms of the endorsement will be permitted. Certificates of Insurance alone will not be accepted by the City of Temecula. More than one insurance policy may be required to comply with the insurance requirements. Endorsement forms appropriate to your insured's contract, lease or permit are checked below and enclosed. () () () () () Workers' Compensation General Liability Automobile Liability Excess/Umbrella Liability Professional Liability; Errors and Omissions Insurance 1 p: \standard\ins rance. doc/09/O 1/98 m 10. Have an Underwriter or Officer of the insurance company sign the complete endorsement forms and note their phone number at the bottom of page 2. Signatures must be originals as the City will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures. The name of the Insurance Company underwriting the coverage, and their address shall be noted on page 2 of the endorsement form. The endorsements and certificates shall include reference to the activity and/or the specific City of Temecula contract number, lease number, permit number or construction approval number. The coverage and limits for each type of insurance are specified in the contract requirements. Endorsements to excess policies will be required when primary insurance is insufficient to comply with the City requirements. If there is insufficient space on the form to note pertinent information, such as inclusions, exclusions or specific provisions, etc., a separate sheet may be attached. Completed Certificates and Endorsement(s) and questions relating to the required insurance are to be directed to: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attn: City Clerk's Office (909) 694-6444 DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS MAY DELAY YOUR INSURED INTENDED OPERATIONS UNDER AGREEMENT WITH THE CITY OF TEMECULA. 2 p: \standard\i nsrance. doc/09/O 1/98 POLICY NUMBER: ENDORSEMENT: NAMED INSURED: EFF. DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B-AMENDED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTOMOBILE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF TEMECULA, ITS OFFICERS, OFFICIALS,EMPLOYEES OR VOLUNTEERS. RE: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY INSURANCE It is agreed that such insurance as is afforded by this policy for the benefit of the named insured and THE CITY OF TEMECULA shall be primary insurance as respects any claim, loss or liability arising out of operations by the named insured, or by its independent contractors for which the named insured is found to be liable and which liability applies to the special contract under which the named insured has agreed to perform specific operations, and any other insurance maintained by THE CITY OF TEMECULA, shall be excess and non-contributory with the insurance provided hereunder. SEVERABILITY OF INTEREST It is agreed that the insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the company's limit of liability. SIGNATURE OF INSURER (Underwriter or Officer) I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. 3 p:\standard\insrance. doc/09/O 1/98 SIGNATURE OF INSURERE (Underwriter or Officer) ORGAN IZATION: TITLE: ADDRESS: TELEPHONE: 4 p:\standard\ins rance. doc/09/01/98 POLICY NUMBER: ENDT. NUMBER: NAMED INSURED: EFF.DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY/ WORKER'S COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT Name of Person or Organization: THE CITY OF TEMECULA, ITS OFFICERS, OFFICIALS, EMPLOYEES OR VOLUNTEERS. RE: In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other statement in the policy to which this endorsement is attached or any other endorsement attached or any other endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City of Temecula. Such notice shall be addressed as shown in the heading of this endorsement. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Temecula, its elected or appointed officers, officials, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Temecula. SIGNATURE OF INSURER (Underwriter or Officer) I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF INSURER (Underwriter or Officer) (Original signature required on endorsement furnished to the City of Temecula) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: ATTACHMENT "D" FORMS OF INSURANCE ENDORSEMENTS 5 p: \standard\insrance. doc/09/O 1/98 FRONTIER DAYS RODEO ATTACHMENT A Sponsorship Package ATTACHMENT A The City of Temecula's benefits as a Site Sponsor of the 1999 Frontier Days Rodeo: · Recognition as a sponsor in all publicity. · Recognition as a sponsor in all material sent to schools promoting the event. · Recognition and logo displayed as a sponsor in all advertising prior to the event. · City of Temecula banner/name banner displayed at the arena throughout the weekend. · Sponsor' s name placed on the electronic scoreboard. · Full page advertisement with color (if applicable) in the official Rodeo program. (City is to be contacted two weeks prior when the ad is due). · Editorial space in the program to promote city events (1/2 page). (City is to be contacted two weeks prior when the editorial is due). · City name as lead-in to radio promotions for the event. · 12 VIP passes/tickets to all three rodeo performances. (Passes are to be delivered to City Hall two weeks prior the event). · 20 tickets to the event. (Tickets are to be delivered to City Hall two weeks prior the event). · Licensing rights allowing use of event logo in your company 's marketing program. · Name mentioned over P.A. system throughout Saturday and Sunday performances. · City of Temecula marketing and publicity pieces included in media kits. 15 of each event souvenir (where applicable). (Souvenirs to be delivered to City Hall two weeks prior the event). Additional souvenirs for City marketing efforts upon request. Media exposure for City and Old Town via publicity and marketing. Dignitary invitation to any pre-event television events. First right-of-refusal for the 2000 Frontier Days Rodeo. ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA TOWN ASSOCIATION This Agreement, made this 15th day of December, 1998, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA TOWN ASSOCIATION, a California nonprofit corporation (hereinafter referred to as (TTA"). A. TTA will operate the "Frontier Days Rodeo" on May 29 - 30, 1999, including the Lil Cowpokes Rodeo on May 28, 1999. The Frontier Days Rodeo is a special event located at the Temecula Showgrounds at Diaz and Winchester Roads. This event features official rodeo performance events, vendor areas featuring food, drinks, retail sales and children activities. Attendance in previous years has been approximately 10,000 spectators for the weekend. B. The City of Temecula desires to be a Site Sponsor of the 1999 Frontier Days Rodeo. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for the payment of $__, the City of Temecula shall be designated as a "Site Sponsor" of the 1999 Frontier Days Rodeo. The City will also provide event support including Public Works, Fire and Police Services, totaling approximately $ . In exchange for being a Site Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. Following the Frontier Days Rodeo, TTA shall prepare and submit to the City Manager a written report evaluating the Frontier Days Rodeo, its attendance, and describing the materials in which the City was listed as a Site Sponsor. C. TTA agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or property by reason of TTA's acts or omissions or those of TTA's employees, officers, agents, or invites in connection with the Frontier Days Rodeo to the maximum extent allowed by law. D. TTA shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with TTA and shall furnish a Certificate of Liability by the City (refer to Attachment D). Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Frontier Days Rodeo. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with the Frontier Days Rodeo. 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. (B) Liquor Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 4. The insurer shall agree to waive all fights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Frontier Days Rodeo. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TTA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party conceming the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. F. TTA shall promptly furnish the City, upon the completion of TTA operating year, certified copies of annual operating statement. IN WITNESS WHEREOF, the City has caused its corporate name and seal to be hereunto subscribed and affixed by Chairperson and attest to by the City Clerk, both thereunto duly authorized, and the Temecula Town Association, has hereunto subscribed this Contract day, month, and year herein above written. DATED: TEMECULA TOWN ASSOCIATION CITY OF TEMECULA BY: John Sterling, General Manager Ronald H. Roberts, Mayor City of Temecula ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney 7 ATTACHMENT B Budget and Media Plan TEMECULA TOWN ASSOCIATION PROPOSED 1999 BUDGET DEPT. 2 (RODEO) INCOME: Admissions Beer/Bar Sponsors Vendors TOTAL INCOME 40.000.00 11.000.00 20.000.00 1,000.00 72,000.00 EXPENSE S: Advertising & PR Awards Beer/Bar Contingencies Contract Sen'ices Donations-Sen'ice Dues & Membership Equipment Rental Event Insurance Permits Printing Purses Sanitation Secunty Signs Site Prep Stock Contractor Telephone Trash/Clean Up Work Pa~ a,,s TOTAL EXPENSES 5.000.00 500.00 3.000.00 1.500.00 6,000.00 500.00 650.00 3,000.00 1.000.00 700.00 1.000.00 10.500.00 3.000.00 3,000.00 1.000.00 3,000.00 17.000.00 100.00 1.000.00 500.00 61,950.00 1999 Tcmccula Frontier Days Rodeo May 29th and 30th Temecula Showgrounds in Temecula Marketing and Publicity Campaign f,,l I~:VERTISING: The campaign will begin May 1, 1999 and will conducted with the following advertising sponsors: · The Californian · The Pennysaver · The Press-Enterprise · KATY 101.3 FM Radio · KXFG - Baby Kffog · Media One Cablevision · Albertson's Grocery Store MARKETING EVENTS/ACTIVITIES: POSTER DISTRIBUTION Over 500 posters promoting the event will be distributed throughout the Southwest Riverside County area and displayed in key retail/high traffic locations. FLYERS 10,000 ~yers will be distributed beginning in April. These will be distributed through local area fast food restaurants. PROGRAM 5,000 programs will be printed and distributed at the event. DAY SHEETS 10,000 day sheets will be distributed at the performances. These day sheets will list the competitors and schedule of events. [" J SS PROMOTIONS LIL COWPOKE FIELD TRIP Frontier Days Rodeo is currently negotiating with McDonalds and Coca Cola to present a "Lil Cowpoke Field Trip" to the Rodeo of Friday, May 22 for a free performance. Kids will receive free kids tickets to the rodeo, happy meals and Coca-Cola at the conclusion of the performance. FRONTIER DAYS IN OLD TOWN In conjunction with the "City of Temecula" Frontier Days Rodeo clowns, announcers, stock contractors, and gunfighters will perform in Old Town Temecula, Friday, May 2gth . The event is a kick off to Frontier Days Weekend and will be free to the public. ELEMENTARY SCHOOL OUTREACH For the week prior to the Rodeo, rodeo announcers, clowns and stock contractors will visit schools from Lake Elsinore to Temecula and talk about rodeo, it's roots, and the Frontier Days events. WESTERN AND WILDLIFE ART EXHIBIT Beginning Friday evening and continuing throughout the weekend, a Western and Wildlife Art Exhibit and competition will be held at the Musician's Workshop as a fundraiser for the organization. Promotion will be included with Frontier Days rodeo marketing and publicity. The Art Show will begin with an evening of Cowboy Poetry and Music at the Musician' s Workshop. The Musician's Workshop will also help publicize through events and publicity. Artists from around the United States will be invited to compete in the show which will be juried. Information and applications will be sent to art associations beginning in January. It is the intent of the Musician's Workshop and the TTA to make this an annual art exhibit. IBLICITY PRESS RELEASES AND PSAs Public Relations begin March 1. Temecula Frontier Days Rodeo is a Dodge Truck Series Rodeo and PRCA Sanctioned Radio. Listings of the event will be in the Pro Rodeo News (40,000 circulation) and the Pro Rodeo (PRCA) website (1 million hits a year). Event calendar editors for Southern California newspapers and magazines will be notified of the event and listings in most major publications pursued. Publicity on the Cowboy Poetry/Western Wildlife Art Exhibit will be distributed to long lead publications in January. Promotion of the event will continue through the next four months. Weekly press releases will announce activities, sponsors, ticket availability. Two weeks prior to the event will feature "advances" in the entertainment sections of local publications such as The Californian, the Press-Enterprise, the Fallbrook Enterprise, and the San Diego Union Tribune. The week of the event will include features on star cowboys competing, Western Wear Week, Frontier Days in Old Town, Cowboy Poetry and Westem/Wildlife Art Exhibit, and schedule of events. PSAs will begin two weeks prior to the event on radio and local television stations. MEDIA DAY Planned for three weeks prior to the event, will offer the press a chance to ride a horse, and learn how to rope at the DLR Ranch in Temecula. Media representatives from horse, western, western art, and entertainment Publications and periodicals will be invited to the event. ATTACHMENT C City Support Services and Costs City Support Services and Costs For Frontier Days Rodeo Below are the City generated services and their costs provided to the Temecula Town Association (TTA) for the Frontier Days Rodeo event. In the past these services have been provided to the TTA at no cost to their organization. Fire Services Services include 1 Fire Safety Specialist and Company 84 for a 3-day period Service Costs: $1,900 Public Works Services Services include 2 maintenance workers, one-ton truck stake bed, and barricades Service Costs: $576 Police Services Note: Services have been paid previously by the TTA and the organization is asking the City to pay all police expenses for the '99 Frontier Days Rodeo. Service Costs: Approximately $3,000 TOTAL SERVICE COSTS: $5,476 R:~Redev%Wolnickg\Cit,/of Temecula Agenda Report 12/08/98 ATTACHMENT D Instructions for Completing and Submitting Evidence of Insurance ATTACHMENT "D" INSTRUCTIONS FOR COMPLETING, EXECUTING AND SUBMITTING EVIDENCE OF INSURANCE TO THE CITY OF TEMECULA The following information is provided to assist you in completing insurance endorsements and certificates required by the City of Temecula: Company Name Date Information To Insured A. 1. In order to reduce time delays in providing evidence of insurance to the City of Temecula, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement form(s) along with these instructions for completing, executing, and submitting evidence of insurance. If the agreement requires Workers' Compensation coverage and you have been authorized by the State of California to self-insure Workers' Compensation, a copy of the certificate shall meet the requirements for Workers' Compensation insurance covering activities within the State of California. All questions relating to insurance should be directed to the department or office responsible for your contract, lease, permit, or other agreement. Information To Insurance Agent or Broker B. 1. The appropriate endorsement form shall be used. No changes in the terms of the endorsement will be permitted. Certificates of Insurance alone will not be accepted by the City of Temecula. More than one insurance policy may be required to comply with the insurance requirements. Endorsement forms appropriate to your insured's contract, lease or permit are checked below and enclosed. ( ) Workers' Compensation ( ) General Liability ( ) Automobile Liability ( ) Excess/Umbrella Liability ( ) Professional Liability; Errors and Omissions Insurance 1 p:\standard\insrance. doc/09/O 1/98 , m , 10. Have an Underwriter or Officer of the insurance company sign the complete endorsement forms and note their phone number at the bottom of page 2. Signatures must be originals as the City will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures. The name of the Insurance Company underwriting the coverage, and their address shall be noted on page 2 of the endorsement form. The endorsements and certificates shall include reference to the activity and/or the specific City of Temecula contract number, lease number, permit number or construction approval number. The coverage and limits for each type of insurance are specified in the contract requirements. Endorsements to excess policies will be required when primary insurance is insufficient to comply with the City requirements. If there is insufficient space on the form to note pertinent information, such as inclusions, exclusions or specific provisions, etc., a separate sheet may be attached. Completed Certificates and Endorsement(s) and questions relating to the required insurance are to be directed to: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attn: City Clerk's Office (909) 694-6444 DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS MAY DELAY YOUR INSURED INTENDED OPERATIONS UNDER AGREEMENT WITH THE CITY OF TEMECULA. 2 p:\standard\insrance. doc/09/01/98 POLICY NUMBER: ENDORSEMENT: NAMED INSURED: EFF. DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B-AMENDED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTOMOBILE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF TEMECULA, ITS OFFICERS, OFFICIALS,EMPLOYEES OR VOLUNTEERS. RE: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY INSURANCE It is agreed that such insurance as is afforded by this policy for the benefit of the named insured and THE CITY OF TEMECULA shall be primary insurance as respects any claim, loss or liability arising out of operations by the named insured, or by its independent contractors for which the named insured is found to be liable and which liability applies to the special contract under which the named insured has agreed to perform specific operations, and any other insurance maintained by THE CITY OF TEMECULA, shall be excess and non-contributory with the insurance provided hereunder. SEVERABILITY OF INTEREST It is agreed that the insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the company's limit of liability. SIGNATURE OF INSURER (Underwriter or Officer) I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. 3 p: \standard\ins rance. doc/09/O 1/98 SIGNATURE OF INSURERE (Underwriter or Officer) ORGAN IZATION: TITLE: ADDRESS: TELEPHONE: 4 p: \standard\insrance. doc/09/O 1/98 POLICY NUMBER: ENDT. NUMBER: NAMED INSURED: EFF.DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY/ WORKER'S COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT Name of Person or Organization: THE CITY OF TEMECULA, ITS OFFICERS, OFFICIALS, EMPLOYEES OR VOLUNTEERS. RE: In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other statement in the policy to which this endorsement is attached or any other endorsement attached or any other endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City of Temecula. Such notice shall be addressed as shown in the heading of this endorsement. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Temecula, its elected or appointed officers, officials, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Temecula. SIGNATURE OF INSURER (Underwriter or Officer) I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF INSURER (Underwriter or Officer) (Original signature required on endorsement furnished to the City of Temecula) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: ATTACHMENT "D" FORMS OF INSURANCE ENDORSEMENTS 5 p: \standard\insrance. doc/09/01/98 TEMECULA BALLOON & WINE FESTIVAL ATTACHMENT A Sponsorship Packages ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY BALLOON & WINE ASSOCIATION This Agreement, made this 15th day of December, 1998, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA VALLEY BALLOON & WINE ASSOCIATION, a Califomia nonprofit corporation (hereinafter referred to as CTVBWA"). A. TVBWA will operate the "Temecula Valley Balloon & Wine Festival" on May 1 & 2, 1999. The Temecula Valley Balloon & Wine Festival is a special event located at Lake Skinner featuring over 50 hot air balloons, main stage entertainment, arts and crafts fair, tethered balloon rides and wine tasting from Temecula Valley. Attendance in previous years has been approximately 40,000 + people for the 2-day event. B. The City of Temecula desires to be a Valley Balloon and Wine Festival. Sponsor of the 1999 Temecula AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for the payment of $ ., the City of Temecula shall be designated as Sponsor" of the 1999 Temecula Valley Balloon & Wine Festival. In exchange for being Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. Any media visits prior to the Balloon and Wine Festival event need to include visits to all Temecula entities (i.e. Old Town, wineries, golf) as the City of Temecula should be recognized as a whole. Secondly, our material on the City of Temecula (press kits, information on Old Town, fact sheets, wineries, golf, etc.) should be included as part of all media packages. Thus, giving the media background an overview on Temecula plus the Balloon and Wine Festival event. C. Following the Temecula Valley Balloon and Wine Festival, TVBWA shall prepare and submit to the City Manager a written report evaluating the Temecula Valley Balloon and Wine Festival event, its attendance, and describing the materials in which the City was listed as a Sponsor. D. TVBWA agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or property by reason of TVBWA's acts or omissions or those of TVBWA's employees, officers, agents, or invites in connection with the Temecula Valley Balloon & Wine Festival to the maximum extent allowed by law. E. TVBWA shall secure from a good and responsible company or companies doing insurance business in the State of Califomia, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with TVBWA and shall furnish a 9 Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Temecula Valley Balloon & Wine Festival. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Temecula Valley Balloon & Wine Festival. 3. Provide the following minimum limits: (A) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. (B) Liquor Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 4. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Temecula Valley Balloon & Wine Festival. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TVBWA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. F. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party conceming the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. G. TVBWA shall promptly fumish the City, upon the completion of TVBWA operating year, certified copies of annual operating statement. 10 IN WITNESS WHEREOF, the City has caused its corporate name and seal to be hereunto subscribed and affixed by Chairperson and attest to by the City Clerk, both thereunto duly authorized, and the Temecula Town Association, has hereunto subscribed this Contract day, month, and year hereinabove written. DATED: TEMECULAVALLEY BALLOON & WINE ASSOCIATION CITY OF TEMECULA BY: Carol Popejoy-Hime General Manager Ronald H. Roberts, Mayor City of Temecula ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney 11 ATTACHMENT A- 1 SPONSORSHIP PACKAGE 1 f999 TEMECULA VALLEY BALLOON AND WINE FESTIVAL Saturday and Sunday, May 1 and 2, 1999 Gold Balloon Sponsor- $f5,000 (Only two Gold Balloon sponsorships available) 1. Inclusion of sponsor's logo in all Festival pdnt advertising 2. One-half page four-color ad in Festiva[ program 3. Right to use Festival logo in sponsor's materials (with Festival advance approval) 4. Several signs or banners on-site at event 5. Separate display tent in high-traffic area 6. Access to VI P Hospitality Tent for 15 guests 7. Numerous mentions from both stages 8. Linking of sponsor's web site to Festival site Mention in Festival newsletter 10. Mention in at least six Festival news releases to general media 11. Exclusivity in sponsor's field 12. Sponsor's logo on table tents displayed in area restaurants and other retail establishments 13. Sponsor's logo in Festival brochure 14. Thirty adult Festival tickets 15. Fifteen VIP parking passes 16. Invitation to Sponsor Appreciation Dinner for four people 17. 20 sets of Official Festival souvenir merchandise 27919 Front Street s Suite//204 , Temecuta. CA 92590 · 1909) 676-6713 , ernail-balloonc~i.vmicro.cotn ATTACHMENT A-2 SPONSORSHIP PACKAGE 2 f999 TEMECULA VALLEY BALLOON AND WINE FESTIVAL Saturday and Sunday, May 1 and 2, 1999 Premier Sponsor- $3~,000 (Only one Premier Sponsorship available) 1. Identification as Premier Sponsor in all Festival materials 2. Exclusivity in Premier Sponsor's field 3. Inclusion of logo in all Festival print advertising 4. Mention in all Festival paid radio and television advertising (no more than one other sponsor mentioned) 5. Sponsor representative interviewed on projected radio remote broadcast 6. Right to use Festival logo on Premier Sponsor's materials (with Festival advance approval) 7. Full page, black-and-white ad in Festival program 8, Representative introduced from stage and invited to speak several times during Festival 9- Several signs or banners on-site at event 10- Separate display tent in high-traffic area 11, Access to VIP Hospitality Tent for 18 guests 12. Linking of Premier Sponsor's web site to Festival site 13. Mention in Festival newsletter 14. Mention in at least 10 Festival news releases to general media 15. Sponsor's logo on table tents displayed in area restaurants and other retail establishments 16, Sponsor's logo in Festival brochure 17, Forty adult Festival tickets 18. Twenty VIP parking passes 19, Three tethered balloon rides 20. Invitation to Sponsor Appreciation Dinner for eight people 21. 20 sets of Official Festival souvenir merchandise 27919 Front Street · Suite #204 · Temecula. CA 92590 · (9091 676 6713 · email-balloonc~zvrnicro.com ATTACHMENT A-3 SPONSORSHIP PACKAGE 3 1999 TEMECULA VALLEY BALLOON AND WINE FESTIVAL Saturday and Sunday, May 1 and 2, 1999 Presenting Sponsor- $50,000 (Only one Presenting Sponsorship available) 1. Identification as Presenting Sponsor in all Festival materials, positioned above the Festival name or logo 2. Exclusivity in Presenting Sponsor's field 3. Inclusion of logo in all Festival print advertising 4. Mention in all Festival paid radio and television advertising (no other sponsor mentioned) 5. Sponsor representative interviewed on projected radio remote broadcast 6. Right to use Festival logo on Presenting Sponsor's materials (with Festival advance approval) 7. Full page, four-color ad in Festival program 8. Representative introduced from stage and invited to speak several times during Festival 9. Multiple signs or banners on-site at event 10. Separate display tent in high-traffic area (size to come from Carol) 11. Access to VIP Hospitality Tent for 25 guests 12. Numerous mentions from both stages 13. Linking of Presenting Sponsor's web site to Festival site 14. Mention in Festival newsletter 15. Mention in at least 10 Festival news releases to general media 16. Sponsor's logo on table tents displayed in area restaurants and other retail establishments 17. Sponsor's logo in Festival brochure 18. Fifty adult Festival tickets 19. Twenty-five VIP parking passes 20. Five tethered balloon rides 21. Invitation to Sponsor Appreciation Dinner for eight people 22. Cold air balloon signage 23. Invitation to pre-Festival black-tie event for eight people 27919 Front Slreet , Suite//204 , Temecula, CA 92590 , (9091 676 6713 , email-ballooncZ?=vmicro.corn ATTACHMENT B Budget and Media Plan PROPOSED TVBWF Daily/monthly Expense Operating Expense Bank charges & Fees Copy Machine Depreciation Expense Dues Equipment Repairs Gifts Interest Expense Lease/Rent Liability Insurance License/Permits Mileage Postage Pdnting Seminars & Travel Subscriptions & Publications .Supplies Telephone/Office Total Operating Expense Payroll Expense Gross Wages Payroll Taxes Workmen's Compensation ~l'otal Payroll Expense Total Daily/Monthly Expense Cost of Doing Business Income/Expense Board Income/Expense Total Board Income Board Expense Meetings Shirts & Pins Supplies Total Board Expense Donation Expense Total Donation Expense Command Expense Food & Beverages Mules Radios Supplies Telephone/Command Total Command Expense Facilities Expense Clean-Up Fencing Fuel Generators Rolling Stock Light Towers 1999 Bud,c et Expense $ 200.00 $ 2,000.00 $ $ 1,000.00 $ 250.00 $ 200.00 $ $ 4,600.00 $ 12,000.00 $ 2,000.00 $ 360.00 $ 1,500.00 $ 1,500.00 $ 750.00 $ - $ 3,000.00 $ 3,000.00 $ 43,200.00 $ 7,200.00 $ 150.00 $ 400.00 $ 300.00 $ 7,000.00 $ 3,500.00 AF AF $ 1,000.00 $ 3,000.00 $ 4,000.00 $ 10,000.00 $ 1,8O0.00 $ 28,000.00 $ 8,000.00 $ 2,500.00 Income Notes 750.00 Marking Paint ,PA System Radios Signage Special Equipment Rental Storage Bins Supplies Tents Toilets Trash Total Facilities Expense Funds Control Expense Golf CaRs Radios RV's & Modular Tables & Chairs Total Funds Control Expense Marketing Expense Cold Air Balloon Flyers Marketing Expense - Other Marketing Supplies Clipping Service Copies Mileage Photos Postage Telephone & Fax Pdnt Marketing Radio Marketing Retainer Souvenirs for Media Total Marketing Expense Professional Fees Expense Accounting Auditing Consulting Total Professional Fees Expense Public Safety Expense Madnes Public Safety Supplies RV's & Modular Shedffs Tents Total Public Safety Expense Sponsor Income/Expense Income Sponsors $ 250.00 $ 1,600.00 $ 2,000.00 $ 7,000.00 $ 1,500.00 $ 900.00 $ 2,000.00 $ 34,000.00 $ 11,000.00 $ 2,800.00 AF AF AF AF $ 3,600.00 $ 2,000.00 $ 200.00 $ - $ 150.00 $ 700.00 $ 450.00 $ 400.00 $ 1,500.00 $ 650.00 $ 10,000.00 $ 10,000.00 $ 55,000.00 $ 13,000.00 $ $ 3,500.00 $ $ $ 18,000.00 $ 1,000.00 AF $ 16,000.00 AF $ 20,000.00 2 $125,000.00 $ $ 250/3 $ $ $ $ 3.00 3.00 450.0O 50.O0 2,400.00 200.00 Total Sponsor Income ~ Sponsor Expense ~ Power AF Signage AF Souvenirs $ Framed Posters $ Tents AF Total Sponsor Expense ~ Volunteer Expense ~ Food &Beverages $ T-shirts $ Pdnting $ Total Volunteer Expense ~ Total Cost of Doing Business Income/Ex ~ Venue Income/Expense ~ Admissions Income/Expense ~ ,Friday Ticket Sales Saturday Ticket Sales Sunday Ticket Sales RV Ticket Sales Outside Ticket Sales 'Total Admissions Income Admissions Expense County Parks Parking Fee Entry Refund Modulars Radios Ticket Printing Total Admissions Expense Arts & Crafts Income/Expense Arts & Crafts Income Entry Fees Insurance Total Arts & Crafts Income Arts & Crafts Expense Insurance Power Tents Total Arts & Crafts Expense Balloon Income/Expense 'Balloon Income Commercial Balloons ~orporate Balloons Sponsorship $$ for Tethered Balloons Total Balloon Income Balloon Expense Accommodations AF AF 1,000.00 3,000.00 2,000.00 1,500.00 300.00 7,000.00 500.00 1,500.00 2,200.00 350.00 6,500.00 $ 10,000.00 $122,000.00 $ 60,000.00 $ 20,000.00 $ 20,000.00 $ 11,500.00 $ 2,200.00 $ 7,500.00 $ 8,000.00 900.00 3 Show Up Incentive Balloon Lighting Fuel 3,500.00 1,200.00 750.00 Tables & Chairs Tents Tethered Balloons Total Balloon Income Beverage Income/Expense Berverage Income Beer Bloody Mary's & Margadtas Ice Micro Beer Tickets Soda Water Wine By The Glass Total Beverage Income Beverage Expense ABC License Beer Beverage Supplies Bloody Mary & Margarita Mix Gator Ice Micro Beer For Tasting Radios Tables & Chairs Tents ~5oda Water Wine By The Glass Total Beverage Expense ~ommercial Court Income/Expense Commercial Court Income Entry Fees Insurance Total Commercial Income Commercial Court Expense Insurance Power Tables & Chairs Tents Total Commercial Court Expense Entertainment Expense Main Backstage Supplies Accommodations Beverages Food AF AF $ $ $ $ $ AF $ $ AF AF AF $ $ $ $ AF AF AF $ $ AF $ 8,000.00 300.00 13,000.00 1,200.00 300.00 1,800.00 2,000.00 300.00 300.00 3,000.00 2,200.00 500.00 6,000.00 3,000.00 $ 50,000.00 $ 1,500.00 $ 600.00 $ 10,000.00 $ 700.00 $ 500.00 $ 8,000.00 $ 28,000.00 $ 2,200.00 $ $ 100.00 750.00 3.00 700.00 3.00 2,500.00 6,000.00 3,100.00 8,300.00 4 Golf Cads RV's & Modulars Tents Wine Backstage Supplies Beverages Food RV's & Modulars Entertainer Acts Kids Faire Main Stage Wine Stage Producer Sound & Lights Kids Faire Main Stage Wine Stage Stages Kids Faire Main Stage Wine Stage Total Entertainment Expense Food Court Income/Expense Food Court Income Entry Fees Insurance Total Food Court Income Food Expense Insurance Power Tables & Chairs Tents Total Food Court Expense Kids Faire Expense Golf Cads Power Radios RV's & Modulars Tables & Chairs Tents Total Kids Fake Expense 'Parking Income Parking Total Parking Income Parking Expense Chalk Cones Golf Cads AF AF AF AF AF AF $ $ $ $ AF AF AF AF AF AF $ AF AF AF AF AF AF AF AF AF $ $ AF 5,000.00 80,000.00 10,000.00 6,500.00 2,200.00 200,00 800.00 5 $ 19,000.00 $ 2,200.00 $ 21,000.00 1@450=2200 $ 165.00 450.00 2,000.00 7,300.00 5,000.00 Marking Paint Radios Power/Generator RV's & Modulars Total Parking Expense Souvenir Income/Expense Souvenir Expense Golf Carts Inventory Radio Sales Tax Supplies Tables & Chairs Tents Total Souvenir Expense VIP Expense Beverages Food Golf Carts Supplies Tables & Chairs Tents Wine Total VIP Expense Wine Venue Income/Expense Wine Venue Income Wine Tickets Total Wine Venue Income Wine Venue Expense Glasses Golf Carts Tables & Chairs Tents Tickets Wine Total Wine Venue Expense Total Venue Income/Expense Net Income/Expense AF AF $ 550.00 AF AF $ 30,000.00 AF $ 11,000.00 $ 500.00 AF AF $ 200.00 $ 1,500.00 AF $ 250.00 AF AF $ 1,200.00 700.00 AF AF $ 200.00 $ 32,000.00 $ 50,000.00 $ 450.00 102 @ 6.50/50 per bag TOTAL $ 626,860.00 $ 579,900.00 6 FESTIVAL TEMECULA VALLEY BALLOON AND WINE FESTIVAL MARKETING PLAN The Temecula Valley Balloon & Wine Festival, (here in after referred to as "Festival") with the assistance of Cooper Communications, Inc., is orchestrating a comprehensive marketing, promotional and publicity campaign designed to attract visitors to the 1999 event, set for May 1 and 2 at beautiful Lake Skinner Recreation Area. Because the name "Temecula" is an integral part of the event title, all marketing of this now-regional entertainment event naturally promotes the city as well. The event campaign also puts both in the spotlight, highlighting Temecula's location, history and amenities along with event-specific information. Elements in the campaign include, but are not limited to: More than 150 corporations and businesses, local, regional and national, have received information packages inviting sponsorship of the 1999 event, with personal follow up calls made to each and meetings being held on an ongoing basis. The Temecula Valley Chamber of Commerce has provided copies of the Temecula Valley Visitors Guide, which the Festival includes with packages as appropriate. 27919 Front Street · Suite//204 · Temecula. CA 92590 · (909) 676-6713 · email-balloonc7,vmicro.com Companies responding favorably to promotional marketing tie-ins include United Airlines, Coca-Cola, Vons, Budweiser and Target Stores. These affiliations will promote the Temecula name through in-store displays, advertising and other promotions now being negotiated. Similar promotions are being proposed to other companies and regional chains. Shopping centers such as the Lake Elsinore Outlet Center, Ontario Mills, North County Fair, Horton Plaza and other high-traffic centers have been approached to assist in promotions, including displays of posters, flyer distribution and ticket contests. A media distribution list of more than 350 print and broadcast representatives will be receiving a continuing flow of press materials and personal follow-up between now and the Festival date. All media outlets will be provided with stories, photographs, interview opportunities and information that will result in maximum news coverage of the event. The media list includes a broad spectrum of entertainment editors, travel publications and editors, food and wine publications and editors, ballooning publications and more. Selected media representatives will be invited to Temecula on an individual basis for media preview days in February or March, given tours of Temecula's recreation, business, industrial and residential areas, and hot air balloon rides. Media and marketing materials distributed throughout Southern California will encourage visits to the Festival website, which links to the City of Temecula's TemeLink website. Information about the event is being placed on an extensive list of other internet sites, including festival and event calendars, travel sites, wine and ballooning sites, and music and entertainment sites. Los Angeles and San Diego morning television shows and interview programs are being contacted about scheduling on-site programs and event news coverage. Radio stations throughout Los Angeles, Orange, Riverside and San Diego counties will be contacted for interview and promotional opportunities. An aggressive effort has been undertaken to involve top media in the four- county area as event sponsors who will provide increased advertising and exposure in exchange for inclusion in the Festival and its marketing materials. Most media outlets contacted have already responded favorably, with specifics of the participation of each now being worked out. Those responding include the Riverside Press-Enterprise, San Diego Union Tribune, The Californian and North County Times, Inland Entertainment Round-Up, The Entertainer, Bargain Bulletin, Penny Saver, Media One Cablevision, and radio stations KFRG/KXFG, KA TY, KWRP, KGGI, KABC, KFI and KIFM. Media such as the Los Angeles Times and Orange County Register are being contacted for sponsorship participation and/or discounted non-profit ad rates. Two examples of how a radio station promotional tie-in can benefit Temecula, KABC Radio, the top-rated radio talk station in Southern California, has agreed that they will promote not only the Balloon and Wine Festival, but the City Of Temecula and the local wineries as well. The Festival continues to work with KABC radio to plan a promotion with the Saturday Morning Restaurant Show featuring Mario Martinoli and his wife Amy Strong; in the weeks before the Festival, they will promote a weekend in Temecula to their listeners and will accompany the group to the event. They will stay at a Temecula hotel, enjoy a gourmet meal, tour the wineries and experience a hot air balloon flight. This promotion has been purposely conceived to do more to promote the local Temecula wineries than in years past. Additionally, all of the wineries will be encouraged to participate in the overall Festival promotion and will be provided with flyers, newsletter articles and other suitable materials, including table tents for their tasting rooms. Another top radio station, KGGI, plans an extensive promotion that will include a live broadcast of the 6 to 10 a.m. Woody & Shannon Show from the Lake Skinner event site the Friday before the event, plus a weekend live broadcast. Pre-promotions will include station contests featuring Festival packages of tickets, limousine transportation and VIP treatment. On behalf of the Temecula Valley Balloon & Wine Festival, Cooper Communications, Inc., will negotiate with all media to maximize the impact of the Festival's advertising budget, now estimated at $90,000. Media promotions as described can more than quadruple the value of this budget. In addition, co-op advertising programs being discussed with three radio stations have the potential to bring significant advertising benefits to the Festival and the City. A public service campaign to promote the Festival and Temecula, is planned to utilize the free air time made available on broadcast stations to non-profit organizations and events. Radio and television public service spots will be produced and distributed throughout Southern California. Several other promotional avenues are being explored: · Billboard, bus bench and transit companies are being approached to donate space on billboards, benches and buses in the region. · Utility companies, cable companies, banks and other institutions are being asked to mail festival information with bills. · Restaurants are being asked to use Festival table tents, coloring place mats, and/or posters. · Two sizes of posters will be produced for display in stores and businesses in the region. · Promotional tie-in's are being sought with leading real estate developers to include Festival information in sales offices and advertising. The Festival is featured on the cover of the Temecula edition of the Real Dollar Saver coupon book, featuring merchant discounts throughout the area. Once the entertainment is booked for the Festival, additional promotional tie-ins will be pursued with compatible radio stations and music stores. Concert hotlines will be contacted and ticket give-away's will be coordinated with the major stations in the market. Promotional avenues available through the ticketing agency will be utilized, including flyer distribution. In summary, the goal of the entire marketing program is to promote the Balloon & Wine Festival, the City of Temecula and the local wineries in tandem. ITEM ORAL REPORT DEPARTMENTAL REPORTS CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT December 8, 1998 Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department in the month of November. Current Planning Activities New Cases The Division received 27 new applications for administrative and other minor cases and 2 new applications for public hearings during the month of November. The new public hearing cases are as follows: Major Development Plans (Industrial) Pre-applications The pre-application process allows an applicant to meet with City staff and discuss the details of their future development proposal before they invest significant time and energy in designing their projects. There is no charge for this service. The following projects are being reviewed by staff: A proposed senior care facility near the intersection of Winchester and Nicolas Roads. Staff has provided their feedback on the initial proposal and is awaiting submittal of the formal application. A proposed auto repair center just north of the Lucky Center located at the corner of Margarita Road and Highway 79 South. Status of Fast Track Proiects The City's award-winning Fasttrack process provides a way for major businesses relocating to or expanding in Temecula to get their facilities constructed and occupied in the shortest possible time. The current Fasttrack projects are as follows: * Bostik - is currently under construction in the Westside Business Centre. R:\MONTHLY.RPT\1998\New November.doc 1 ., Moving and Storage company relocation on Zevo Drive. - The relocation of an existing business to a new 14,600 square foot building. This project is being prepared for the Planning Commission public hearing in December 1998. C & H Office Specialties - The relocation of a 50,000 square foot furniture manufacturer from the Ontario area to the Westside Business Centre. (The actual requested facility has increased in size from 40,000 square feet to approximately 50,000 square feet.) Status of Major Projects The following projects have been recently submitted and are currently in the City's Development Review Committee (DRC) process. City staff continues to get 99% of all new cases to a DRC Meeting with 30 days of submittal. A 28-1ot tract map on Via La Vida east of Calle Palmas, Tentative Tract Map 29036. Staff is assembling the DRC comments for distribution to the applicant. The expansion of Milgard into a new 108,000 square foot building in the Westside Business Center. Staff is finalizing their comments based upon the previous DRC meeting. (This project represents the retention (and expansion) of business that is currently operating in the City.) Staff is working with project applicants to address any remaining issues and get the following cases ready for public hearing before the Community Development Director or Planning Commission: -k A 22,000 square foot Senior Care and Alzheimer Care Facility located at the south east comer of Margadta and Pauba Roads in the Paloma del Sol Specific Plan. Staff is waiting for a resubmittal from the applicant based upon staff's DRC comments. Rebel Rents new facility on Winchester Road in the Westside Business Center. Staff is waiting for a resubmittal from the applicant based upon staffs DRC comments. A new 11,300 square foot speculative commercial building on Enterprise Circle South. Staff is waiting for a resubmittal from the applicant based upon staff's DRC comments. The expansion of the Temecula Creek Inn. The current proposal consists of 28 additional rooms and doubling the size of their meeting and event spaces. Staff is waiting for a resubmittal from the applicant based upon staff's DRC comments. Rancho Community Church expansion on Vallejo Avenue. This project may require a focused environmental impact report to enable the City to effectively deal with the potential impacts associated with this project. Zone Change (to Planned Development Overlay District No. 2) and Tentative Tract Map 28810 for 78-unit small lot single family units along Margarita Road east of the Tuscany Ridge apartment project. Tentative Tract Map 28510 for 242 residential units and an amendment to the Campos Verdes Specific Plan with an Addendum EIR are being finalized for a future public hearing. R:\MONTHLY.RPT\1998\New November.doc 2 General Plan Amendment and Zone Change from Highway Tourist to Community Commercial for the northeast corner of Butterfield Stage Road and SR-79 South (Corona Ranch). Tentative Parcel Map 28627, the Margarita Canyon Property. Staff is waiting for a resubmittal from the applicant based upon staff's comments on the applicants most recent proposal. Wolf Valley Specific Plan and Environmental Impact Report: The applicant is currently working on the draft environmental impact report. A preliminary draft of the Specific Plan has been submitted for staff review. ., Roripaugh Ranch Specific Plan and Environmental Impact Report: Staff has provided their initial comments and is waiting for the formal submittal from the applicant. The expansion and relocation of Transducer Techniques (within Temecula) to a 20,000 square foot building on Rio Nedo was approved by the Planning Commission on November 18th. (This approval included a future 17,000 square foot speculative industrial building on the adjacent property.) Small Business Assistance The Planning Division continues to meet with small business people on an ongoing basis to facilitate their successful relocation and expansion in Temecula. Some of our recent activities include the following: Agape Auto Repair. Facilitated the approval of a new paint booth. Reuse of the former Temecula Market building. Met with parties interested in starting a new business in the old Temecula Market. FaCade improvements for Mad Madeline's restaurant in Old Town. Facilitated the Planning Division's approval of the facade improvements as part of Division' implementation of the Old Town Specific. Special Event Permits Special events and temporary use permits enable short commercial events and communitywide activities to occur with the City. The Division's role is to facilitate inter-departmental review and provide support to the applicants. Some of the recently permitted activities are as follows: Christmas tree sales lots on Nicolas Road, Ynez Roads, and Highway 79 South (Lucky Center). Old Town Tree Lighting Special Event Permit. Town Center Skate Board Demonstration Temporary Use Permit. Norm Reeves Tent Sale (scheduled for the end of December). R:\MONTHLY.RPT\1998\New November.doc Special Projects & Long Ran.qe Plannin.q Activities The Division also 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 are as follows: Old Town In Lieu Parking Program: Staff revised the earlier proposal and is preparing it for the Council's consideration in December. Convention Center Study: Work on the project in underway, Phase I of the study is expected next month. Subsequent Environmental Impact Report for the City Redevelopment Plan: The consultant is currently gathering information to begin preparation of the Draft EIR. -k Southside Specific Plan: Staff and consultant are beginning the process of revisiting the draft Specific Plan. Pala Road General Plan Amendment and Planned Development Oveday: This item is being prepared for the Planning Commission's consideration in December. Massage Business Ordinance: A revised draft of the ordinance is being reviewed by the City Attorney. Adult Business Ordinance: Since the Council's adoption of the new Ordinance, staff has been working out the details for processing these applications to ensure that all constitutional and legal issues are addressed General Plan Circulation Element Update: The Steering Committee (including representatives from the City of Murdeta and the Pechanga Reservation continue to meet. The current focus of the process is finalizing the proposed Circulation Plan and Element Text. Introductory presentations to the Traffic Safety and Planning Commissions are being prepared. Staff has started the process of drafting an improvement and phasing plan that will be used to support the City's capital improvement program process. Subdivision Ordinance: Staff is finalizing and awaiting any comments from the Coordinating Committee on draft ordinance. Redhawk/Vail Ranch Annexation Study: Staff has been working with County staff to try to resolve the outstanding issues. The next LAFCO meeting is scheduled for December 10, 1998. Surface Mining Ordinance: Staff is finalizing a Surface Mining Ordinance to address any future surface mining operations. Geographic Information System (GIS): Staff is working on the final GIS versions of colored Zoning and General Plan Land Use maps. R:\MONTHLY.RPT\1998\New November.doc Environmental Review for City Public Works Department and Community Service District projects as follows: · Completion and approval of a Mitigated Negative Declaration for the Rancho California Sports Park Desilting Basin Management Plan project. The Mitigated Negative Declaration was approved by the Community Development Director on December 2"d after the required public review and comment period. · The community and public notices for the proposed Temecula Valley High School Tennis Court Lighting Project were also prepared and distributed this month in advance of the Community Service District Board's December 15th meeting. R:\MONTHLY.RPT\1998\New November.doc APPROVAL CITY ATFORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: December 15, 1998 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of November, 1998. MOACTRPT LAND DEVELOPMENT MONTHLY ACTIVITY REPORT SPECIAL PROJECTS NOVEMBER 1998 Submitted by: Joseph Kicak Prepared by: Ronald J. Parks Date: December 4, 1998 1. PW95-07 - Phase I Western Bypass Corridor: The Interstate 15/State Route 79 South (I-15/SR79S) interchange improvements including Front Street realignment and its intersection with Western Bypass Corridor are underway. 2. PW95-08 - First Street Extension: The construction phasing plans will be completed upon finalizing the design criteria with Riverside County Flood Control and Water Conservation District. 3. PW95-26 - 6th Street Parking Project: Awaiting for the Contractor to submit the affidavit and maintenance bond in order to file the notice of completion. 4. PW96-05 - Project Study Report (PSR) And Project Report (PR) For Ultimate Interchange Improvements at Interstate 15/State Route 79 South (I-15/SR79S): The PSR analysis will resume once the update on the Circulation Element of the General Plan is finaled. 5. General Plan Circulation Element Update: The committee comprised of Cities of Temecula and Murrieta representatives meet regularly with the consultant to provide direction for the update process. 6. The Regional Mall Project: The infrastructure improvements will be advertised in December. The storm drain improvements in Margarita Road have been completed. The construction of the mall is underway.. 7. PW97-05 - The Old Town Streetscape Project: Construction is in progress. \\TEMEC FS201\DATA\DEPTS\PW\MOACTRPTXDEV\98\NOVEMBER.doc DEPARTMENT OF PUBLIC WORKS DEVELOPMENT ACTIVITY: MONTHLY ACTIVITY REPORT November 1998 Date Submitted: Submitted By: Prepared By: December4,1998 JOSEPH KICAK RONALDJ. PARKS '/F~! JERRY ALEGRIA ~ RECORDED/ RECORDED/ YEAR-TO-DATE SUBMITTED APPROVED SUBMITTED APPROVED PLANS CHECKED THIS MONTH THIS MONTH LAST MONTH LAST MONTH THIS FISCAL LAST FISCAL THIS CALENDAR LAST CALENDAR MAPS & DOCS. 3 3 0 4 13 13 24 33 GRADING PLANS 13 8 16 15 49 42 75 72 IMPROVEMENT PLAN 3 5 0 I 11 6 18 26 GRADING PERM .... 5 --- 11 37 29 57 39 ENCRCH PERM .... 23 .... 23 109 125 183 254 AND UTIL. PERM FEE COLLECTION ACTIVITY: Fee Information: PLN CHECK 1 ) INSPECTION 2) PERMIT 3) DEV REVIEW 4) TOTALS: 1 ) Acct. Codes: 2) Acct. Codes: 3) Acct. Codes: 4) Acct. Codes: # OF HRS TOTAL FEES REVIEWS/ THIS MONTH LAST MONTH INSPECTIONS $19,403.00 $42,843.55 345 $56,430.55 $63,447.30 350 $225.00 $375.00 ---- $2,950.00 $11,503.76 260 $79,008.55 $118,169.61 ---- TOTAL FEES YEAR-TO-DATE THIS FISCAL $261,233.04 $276,839.35 $1,225.00 $44,100.58 $583,397.97 LAST FISCAL $191,332.73 $211,519.09 $1,875.00 $32,831.92 $437,558.74 THIS CALENDAR $490,351.44 $469,572.79 $2,325.00 $77,004.32 $1,039,253.55 4107,4108,4147,4148,4151,4359,4360,4361,4362,4363,4365,4366,4367 4368,4372,4380 4386 4104,4119,4125,4129,4388 LASTCALENDAR $377,658.43 $362,440.54 $3,400.00 $76,574.12 $820,073.09 Nov98 DEPARTMENT OF PUBLIC WORKS DEVELOPMENT ACTIVITY: PLANS CHECKED MAPS & DOCS. GRADING PLANS IMPROVEMENTPLAN GRADING PERM ENCRCH PERM AND UTIL. PERM RECORDED/ SUBMITTED APPROVED THIS MONTH THIS MONTH 0 4 t6 15 0 t .... 11 .... 23 MONTHLY ACTIVITY REPORT October 1998 RECORDED/ YEAR-TO-DATE SUBMITTED APPROVED LAST MONTH LAST MONTH THIS FISCAL LAST FISCAL 3 3 10 10 15 7 41 34 4 I 6 6 .... 4 32 24 .... 21 86 104 Date Submitted: Submitted By: Prepared By: November6,1998 JOSEPH KICAK RONALDJ. PARK~f JERRY ALEGRIA THIS CALENDAR LAST CALENDAR 21 30 67 64 13 26 52 34 160 233 FEE COLLECTION ACTIVITY: Fee Information: PLN CHECK 1) INSPECTION 2) PERMIT 3) DEV REVIEW 4) TOTALS: 1 ) Acct. Codes: 2) Acct. Codes: 3) Acct. Codes: 4) Acct. Codes: TOTAL FEES THIS MONTH LAST MONTH $42,843.55 $41,013.75 $63,447.30 $33,838.75 $375.00 $t50.00 $1t,503.76 $6,830.62 $118,169.61 $8t,833.12 # OF HRS TOTAL FEES YEAR-TO-DATE REVIEWS/ INSPECTIONS THIS FISCAL LAST FISCAL THIS CALENDAR 300 $241,830.04 $172,060.71 $470,948.44 325 $220,408.80 $180,642.96 $413,142.24 .... $1,000.00 $1,475.00 $2,100.00 260 $41,150.58 $23,442.92 $74,054.32 .... $504,389.42 $377,621.59 $960,245.00 4108,4148,4152,4359,4362,4363,4365,4366,4367 4368,4372,4380 4386 4104,4105,4109,4t16,4119,4t25,4129,4t75,4369,4388 LAST CALENDAR $358,386.41 $331,564.41 $3,000.00 $67,185.12 $760,t35.94 0c~8 TO: FROM: DATE: MEMORANDUM Joseph Kicak, Director of Public Works/City Engineer Brad Buron, Maintenance Superintendent November 17, 1998 SUBJECT: Monthly Activity Report - October, 1998 The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of October, 1998: SIGNS a. B. C. Total signs replaced Total signs installed Total signs repaired 26 31 3 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 61 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons 14,891 80 IV. CATCH BASINS A. Total catch basins cleaned 11 RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 1,040 VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. 9 1,574 VII. STENCILING A. 654 B. 60 New and repainted legends L.F. of new and repainted red curb and striping Also, City Maintenance staff responded to 29 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 55 service order requests for the month of September, 1998. The Maintenance Crew has also put in 33 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 October, 1998 was $49,393.94 compared to $22,455.00 for the month of September, 1998. Account No. 5402 $45,613.94 Account No. 5401 $ 3,780.00 Account No. 999-5402 $ - 0 - CC: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer- (CIP/Traffic) Jerry Alegria, Senior Engineer - (Land Development) Bill Hughes, Senior Engineer - (CIP) STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of October, 1998 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR: Date: 10/21/98 # 5401 BECKER ENGINEERING La Serena at Walcott Remove debds & silt from channel and channel repairs CONTRACTOR: PACIFIC STRIPING TOTAL COST $ 3,780.00 Date: October, 1998 #5402 Citywide Striping Program Restriped 452,381 L.F. double yellow 4' white and skip lines TOTAL COST $45,6'13.94 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #5401 GRAND TOTAL TOTAL COST $45,613.94 $ 3,780.00 $49,393.94 DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE FISCAL YEAR 1998-1999 Date Submitted: 17-Nov-98 Submitted By: JOSEPH KICAK Prepared By:Z~'f..~ BRAD BURON SCOPE OF WORK ASPHALT AC Square Footage: Tons: SIDEWALK CURB/GUTTER REPAIR Square Footage: PCC Yards: STRIPING LINEAR FEET: IN-HOUSE PAINTING LEGENDS: SIGNS REPLACED SIGNS INSTALLED GRAFFITI Material: Labor: Matedal: Labor: Square Footage: Cost: DRAINAGE CHANNELS CLEANED Basins: Channels: IN-HOUSE TREES TRIMMED: SERVICE ORDER REQUESTS: AFTER HOURS CALL OUTS: R.O.W. WEED ABATEMENT: TOTALS WORK COMPLETED October '98 14,891 80 0 0 452,381 654 26 31 1,574 11 1 61 29 33 1,040 COST FOR October '98 $29,335.27 $45,613.94 $5,232.00 $1,300.00 $412.62 $1,550.00 $491.91 $440.72 $3,954.57 $968.07 $0.00 $785.73 $95.22 WORK WORK COMPLETED COST FOR COMPLETED November ~J8 November '98 December ~J8 COST FOR December ~J8 TOTAL COST FOR THIS FISCAL YEAR $91,378.16 TOTAL COST FOR LAST FISCAL YEAR $292,466.44 $0.00 $55,931.55 $78,443.84 $22,597.98 $5,232.00 $17,824.00 $4.700.00 $14,850.00 $1,236.60 $4,758.51 $5,100.00 $19,400.00 $2,440.70 $5,386.41 $2,452.24 $6,201.82 $602.60 $96,795.97 $13,712.57 $2,554.23 $15,757.16 $0.00 $0.00 $8,263.83 $22,120.17 $13,213.76 $22,441.88 $216~602.63 $59~653~184.00 r:~qaintainVnoactrpt~97~97-98rpt. wb22 FIRST HALF Asphalt Tons Asphalt Square Feet Concrete Square Feet Drainage Channels Total Costs STRIPING CONTRACTOR Striping Linear Feet Sandblasting Linear Feet Total Costs TREE CONTRACTORS Trees Trimmed Trees Removed Total Costs PESTMASTER R.O.W. Spraying - Sq Ft Total Costs CITY MAINTENANCE CREW A.C. Repairs S.F. Signs Replaced Signs Installed Catch Basins Cleaned Trees Trimmed R.O.W. Weed Abatement Potholes Repaired - Sq Ft After Hours Call Outs Service Order Requests Graffiti Removal - Sq Ft Total Costs MAINTENANCE WORK COMPLETED FISCAL YEAR 1998 - 1999 JULY AUGUST SEPTEMBER ,': :~ 0 r..' :: ,.: ',:. 1 2: OCTOBER NOVEMBER 1 $?, ;,'~;.'..:.!:)' 453 S4:~.,r,.: "-: 94 · 1 820 13 726 2! 3~ 4! 4 15 ~2 18 2 4CC3 ' 10 523 0 0 12(! 8' 6' 34 601 (j 24 3 .~,4.!j ,.'.'...'i.~) ;!8S48 2()4 15 0 0 S(} 0.:) I z 2;)7 Date Submitted: November 17, 1998 Submitted By: JOSEPH KICAK Prepared By: ~BRAD BURON DECEMBER TOTALS ~ 1 ~(' ():~4 , 2 r:maintainVnoaotrpt%98%98_99maintenancework.xts DATE 10/05/98 01/05/98 10/08/98 10/19/98 10/19/98 10/26/98 10/18/98 10/28/98 10/29/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF OCTOBER, 1998 LOCATION DE PORTOLA AT VERDE DRIVE EMPIRE CREEK BEHIND TARGET 27635 JEFFERSON DE PORTOLA PARK 29738 RANCHO CALIFORNIA ROAD 28790 PUJOL AND 28735 PUJOL 26680 YNEZ 29500 RANCHO CALIFORNIA ROAD 29605 SOLANA WAY wont< c0ivtP:t, iv, n REMOVED 5 REMOVED 50 REMOVED 6 REMOVED 2 REMOVED 15 REMOVED 1,000 REMOVED 8 REMOVED 8 REMOVED 480 S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 1,574 TOTAL LOCATIONS 9 l~xJVlAINTAIblXWKCMPLTD\GRAFFITIX98XOCTOBER REPORT.DOC CITY OF TEMECULA 1998 GRAFFITI REMOVAL COSTS January $863.24 Fel:n'ua~' 108.36 March 391.44 April 288.40 May 157.92 Jtme 197.96 July 168.28 August 1,748.04 Sept,.'mber 95.20 October 440.72 November Dcccn'nbcr SQUARE FOOTAGE Janumry 3,083 February 387 March 1,398 April 1,030 May 564 June 707 July 601 August 6,243 Septc~nber 340 Octolx,"r I}574 November December TOTAL CALLS January, 22 February 3 March 13 April 15 May 5 June 7 July 15 August 17 September 4 October 9 November December Totals for the Year To Date: Oct. 1, 1998 Sq. Foot 15,941! Cost $4,450.66i Calls I 101 7000 6000 5000 4000 3000 : I JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC COST --n- SQFT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF OCTOBER, 1998 DATE 10/21/98 10/29/98 LOCATION PAUBA EAST OF YNEZ YNEZ AT K-MART · Z '. WORK COMPLETED · ABATED 1,000 S.F.R.O.W. WEEDS ABATED 40 S.F.R.O.W. WEEDS TOTAL S.F. R-O-W WEEDS ABATED \\TEMEC_FS201XDATAXDEFfS~W'XMAINTAIN~WKCMPLTD\WEEDSXgg. OCTOBER REPORT. DOC CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF OCTOBER, 1998 ~DATE 10/27/98 10/28/98 10/29/98 LOCATION MARGARITA AT MORAGA CORTE TALVERA YNEZ AT K-MART WORK COMPLETED CLEANED & CHECKED 5 CATCH BASINS CLEANED & CHECKED 2 CATCH BASINS CLEANED & CHECKED 4 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 11 R::'~iAINTAI~WKCMPLETD\CATCHBAB~88*',OCI~BER REPORT DATE 10/01/98 10/02/98 10/06/98 10/07/98 10/12/98 10/13/98 10/15/98 10/19/98 10/20/98 10/21/98 10/22/98 10/26/98 10/28/98 10/29/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF OCTOBER, 1998 LOCATION SCOPE OF WORK COSMIC AT TWILIGHT COSMIC AT TWILIGHT RAINBOW CANYON ROAD CABRILLO WEST OF VALLEJO VERDE DRIVE SAN FERMIN PLACE JOHN WARNER ROAD RANCHO VISTA BETWEEN MIRA LOMA & SO. CROSS JOHN WARNER ROAD CAJON DRIVE CAJON DRIVE CABRILLO AVENUE CABRILLO AVENUE CABRILLO AVENUE R & R SINKHOLE R & R SINKHOLE FILL POTHOLES O.L. A.C. O.L. A.C. O.L. A.C. O.L. A.C. R&R A.C. O.L. A.C. O.L. A.C. O.L. A.C. O.L. A.C. O.L. A.C. O.L. A.C. S.F. TOTAL· TONS 340 7.5 420 6 700 5 586 5 1,409 6.5 1,258 6.5 631 5 1,499 5.5 1,998 6.5 1,439 6 935 6 1,476 5 461 3 1,739 6.5 TOTAL S.F. OF REPAIRS TOTAL TONS 14,891 80 R:~MAINTAINJWKCMPLTD~.SPHALT. RPRLoI~OCTOBER REPORT DAT.E 10/05/98 10/06/98 10/07/98 10/08/98 10/13/98 10/15/98 10/20/98 10/21/98 10/22/98 10/26/98 10/27/98 10/28/98 10/29/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF OCTOBER, 1998 LOCATION NIGHT WORK (SEE DAILY'S FOR LOCATIONS) NIGHT WORK (SEE DAILY'S FOR LOCATIONS) NIGHT WORK (SEE DAILY'S FOR LOCATIONS) NIGHT WORK (SEE DAILY'S FOR LOCATIONS) PAUBA SOUTH OF MEADOWS VIA RAMI AT AMARITA WAY FELIX VALDEZ AT BALLDARY CIRCLE AREA #1 AREA #1 AREA #1 AREA #1 AREA #2 AREA #2 (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) (SEE DAILY FOR LOCATIONS) WORK COMPLETED ' REPAINTED 91 LEGENDS REPAINTED 89 LEGENDS REPAINTED 97 LEGENDS lIEPAINTED 44 LEGENDS REPAINTED 6 LEGENDS INSTALLED 8 LEGENDS INSTALLED 60 L.F. RED CURB REPAINTED 72 LEGENDS REPAINTED 73 LEGENDS REPAINTED 63 LEGENDS REPAINTED 55 LEGENDS REPAINTED 24 LEGENDS REPAINTED 32 LEGENDS TOTAL NEW & REPAINTED LEGENDS NEW & REPAINTED RED CURB & STRIPING L.F. 654 60 RAMAINTAINXWKCMPLTD\STRIPIN~OCTOBER REPORT.DOC DATE 10/05/98 10/12/98 10/12/98 10/13/98 10/14/98 10/16/98 10/19/98 10/20/98 10/21/98 10/28/98 10/29/98 10/30/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF OCTOBER, 1998 LOCATION YNEZ NORTH OF PAUBA YNEZ NORTH OF PAUBA RANCHO VISTA AT MEADOWS FELIX VALDEZ AT BALLDARY MIRA LOMA AT RANCHO VISTA MARGARITA EAST OF RANCHO VISTA LA PRIMAVERA TO VIA ALTURAS PAUBA EAST OF YNEZ PAUBA EAST OF YNEZ SOUTH SIDE MARGARITA AT DE PORTOLO YNEZ AT K-MART MARGARITA AT RUSTIC GLEN WORK COMPLETED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED 9 R.O.W. TREES 6 R.O.W. TREES 2 R.O.W. TREES 3 R.O.W. TREES 6 R.O.W. TREES 5 R.O.W. TREES 5 R.O.W. TREES 11 R.O.W. TREES 7 R.O.W. TREES 1 R.O.W. TREES 4 R.O.W. TREES 2 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED R:MMAINTAII~WKCMPLTD\TREESX98XOCTOBER REPORT.DOG DAT~E 10/02/98 10/07/98 10/07/98 10/08/98 10/08/98 10/09/98 01/12/98 10/13/98 10/14/98 10/15/98 10/16/98 10/19/98 10/21/98 10/21/98 10/21/98 10/21/98 10/21/98 10/27/98 10/27/98 10/27/98 10/27/98 10/28/98 10/28/98 10/29/98 10/29/98 10/29/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF OCTOBER, 1998 LOCATION PAUBA 100' WEST OF VIA CERDA CALLE MEDUSA AT NICHOLAS 42176 LYNDIE LANE RANCHO CALIFORNIA RD. AT BUSINESS PARK DRIVE 1sT STREET AT PUJOL MORENO ROAD AT FRONT STREET DE PORTOLA AT VIA DEL SUR MAIN STREET AT PUJOL MIRA LOMA AT CALLE CANIDIDA VIA RAMI AT AMARITA WAY YNEZ NORTH OF MOTOR CAR PARKWAY MIRA LOMA AT CASA CHATA PLACE CORTE BANO AT CORTE FIGUEROA PAUBA EAST OF YNEZ DE PORTOLA AT CAMPANULA MEADOWS AT LA SERENA MARGARITA AT MORAGA MAROARITA AT MORAGA MARGARITA AT LA SERENA MARGARITA AT MORAGA MARGARITA SOUTH OF SANTIAGO CORTE PORFIRIO 42221 MAIN STREET YNEZ AT PAUBA PAUBA AT CAMINO MERANO MARGARITA AT NORTH GENERAL KEARNY ROAD REPLACED REPLACED INSTALLED REPLACED REPLACED REPLACED REPLACED REPLACED INSTALLED INSTALLED REPLACED REPLACED INSTALLED REPLACED WORK COMPLETED.. "' W-7A "T.R." R-2 50 "T.R." 3 MULTI HOUSING SIGNS W-41 "T.C." R-1 "T.C., R-1 "T.C." R-1 "T.C., R-1 "T.C." S.N.S. 2 R-l, 4 R-1A, 2 W-17 R-2 45 "T.C." S.N.S. T.C. 2 N.H.W. SIGNS W-17 DAMAGED REPLACED R-1 FADED REPLACED R-1 AND R-260 FADED REPLACED W-56 TYPE N FADED REPLACED W-41 DAMAGED REPLACED 4 R-260 FADED REPLACED R-18 -2 DAMAGED REPLACED 3 R-260 FADED INSTALLED N.H.W. SIGN INSTALLED 2 APPT. PRGROM SIGNS REPLACED W-56 DAMAGED REPLACED W-17 DAMAGED INSTALLED 14 DELINEATORS TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED 26 31 3 R:xaMAINTAIN~WKCMPLTD~IGNSx~I~OCTOBER REPORT DATE RECEIVED 10/01/98 10/01/98 10/02/98 10/05/98 10/05/98 10/06/98 10/06/98 10/07/98 10/07/98 10/07/98 10/08/98 10/09/98 10/12/98 10/12/98 10/12/98 10/12/98 10/12/98 10/14/98 10/14/98 10/19/98 10/20/98 10/20/98 10/22/98 10/26/98 10/27/98 10/27/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF OCTOBER, 1998 LOCATION nEQUEST 31007 SHABA CIRCLE 31252 ENFIELD LANE 30587 IRON BARK CHAPARRAL HIGH SCHOOL 42721 LAS VIOLETTAS 30175 CABRILLO AVENUE RANCHO CALIFORNIA ROAD AT HUMBER 41981 VIA RENATE 30289 MERSEY COURT 45275 SILVERADO LANE 31063 CORTE ALAMAR 30311 COLINA VERDE 31140 KAHWEA ROAD 31220 NICHOLAS ROAD 40612 NOB COURT PALA ROAD SOUTH OF VIA GILBERTO CANDIDA AT MIRA LOMA 41883 ASTEROID WAY CALLE PINA COLADA AT VIA NORTE 31063 CORTE ALAMAR 29976 VIA PUESTA DEL SOL 31554 CORTE SALINAS 43977 GATEWOOD WAY 31695 PASEO OOLETA 45651 OLYLMPIC 40440 CALLE TORCIDA A.C. REPAIRS STREET STRIPING DEBRIS PICK-UP WEED ABATEMENT R.O.W. TREE TRIMMING POTHOLES TREE TRIMMING SKATEBOARD PETRIVAL ROOT PRUNING TREE TRIMMING TREE TRIMMING TREE TRIMMING TREE REMOVAL ROAD GRADING DEBRIS PICK-UP SIDEWALK REPAIR POTHOLE TREE TRIMMING STANDING WATER ROOT PRUNING POTHOLE STUMP GRINDING ROOT PRUNING TREE TRIMMING DEBRIS PICK-UP POTHOLE DATE WORK COMPLETED 10/01/09 10/01/98 10/02/98 10/05/98 10/05/98 10/06/98 10/06/98 10/0~/98 10/0w98 10/0~/98 10/08/98 10/09/98 10/12/98 10/12/98 10/12/98 10/12/98 10/12/98 10/14/98 10/14/98 10/19/98 10/20/98 10/20/98 10/22/98 10/26/98 10/27/98 10/27/98 R:xJ~M'NTAINXWKCMPLTD~SORSX98~OCTOBER REPORT. DO C DATE RECEIVED 10/28/98 10/28/98 10/30/98 LOCATION 28690 LAS HACIENDAS 31965 CORTE CASTRO 28910 RANCHO CALIFORNIA ROAD REQUEST ::DATE'WORK COMPLETED HOLE IN R.O.W. 10/28/98 DEBRIS PICK-UP 10/28/98 PARKING CONCERN 10/30/98 TOTAL SERVICE ORDER REQUESTS 29 \\TEMEC_FS201'd3ATA~DEPTS~W~f. AINTA1N~WKCMpLTD~SORSLO~OCTOBER REPORT. DOC Item 24 (Subsequent Need Item) APPROVAL ~FEF~NANCE C~ANAGER CITY OF TEMECULA SUBSEQUENT NEED AGENDA REPORT TO: FROM: DATE: City ManagedCity Council Joseph Kicak, Director of Public Works/City Engineer December 15, 1998 SUBJECT: Old Town Streetscape Entry Archways Project, PW97-05 Howe Welding & Fabrication Contract Change Order No. 2 PREPARED BY: "l'j']//(,William G. Hughes, Senior Engineer- Capital Projects RECOMMENDATION: That the City Council approval Contract Change Order 2 in the amount of $ 7,726.70, and authorize the City Manager to execute the Contract Change Order. BACKGROUND: On September 29, 1998, the City Council awarded a contract to Howe Welding & Fabrication in the amount of $106,950.00 to fabricate the steel columns and arches. During fabrication of the arches the artist recommended enhancing the top end caps that cover the structural connections. The end caps are 3'x 3'x4' steel boxes that have plain sides. The artist recommends that the end caps be enhanced with a bronzed triangular design with a rose on one side and a grape cluster on the other (See attached rendering). Additional bronzing has also been recommended for the oval medallions. These additions require City Council approval because the City Manager's authorized 10% contingency will be exceeded. CCO#1 added sixty bronze letters and a bronze trim on the top and bottom of the arches. The need for this action was not known at the time of agenda preparation. The City will not have another opportunity to take action on this item before the January 12, 1999 City Council Meeting. If this work is not initiated immediately, the archways will be installed next week without the recommended enhancements. FISCAL IMPACT: Contract Change Order No. 2 will increase the total steel fabrication cost to ~125,726.70. The project is funded through Redevelopment Agency Funds, Account No. 280-199-824-5804. Sufficient funds are available in Account No. 210-165-604-5804. ATTACHMENTS: Contract Change Order 2 Artistic Renderings R:\AGDRPT~98\1215\PW97-05 ,CC02 City of Temecula 43200 Business Park Drive · Temecula, CA 92590 · Mailing Address~ P Q Box 9033 · Ternecula, CA 92589-9033 (909) 6946444 · Fax (909) 694-I 999 CONTRACT NO. PW97-05 PROJECT: Old Town Streetscape Proiect TO CONTRACTOR: Howe Welding & Fabrication NOTE: This chan~ie order is not effective until al~proved by the Engineer. THIS CHANGE PROVIDES FOR: A. SHEET 1 of 1 An INCREASE in the following items: 1. Column Covers: Fabrication and Bronzing of eight (8) artistic plates to enhance the column structural covers for a total amount of ( See attached Proposal) .... $6,483.00 Additional Bronzinq: Bronzing of rings, numbers & letters for a total amount of ( See attached Proposal) .............................................................................. $1,243.70 TOTAL ..............................................................................................$7,726.70 Original Contract Amount ...................................................................................$106,950.00 Adjusted Contract Amount ..................................................................................$117,645.00 Change Order No.1 (+) ...........................................................................................$7,726.70 Total Contract Amount ......................................................................................$125,371.70 Estimated Working Days 0 Approved: Senior Engr. By: Date: We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Date Accepted: 12 - 15 - 98 Contractor: Rowe Nelding & Fabrication (company's name) Title: Owner Name: Randall L. Howe (print) If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. I~ Pnnted on Recycled Paper r:\projects\pwg7\pw97-05\ccol howeweld iFriday December 11, 1998 i:5Oas -- Frees '90~:~75' -- Page Dec. 11 1~ eg:l~Flrl P4 ' i/,u,a~;. ....g/- J 41218 I~mck Lmmmm. MunieXa, CA 92562 (909) 698-6997 - FAX (909) 6~67S To City· of Temecula Dais De~: 10, _,19..~8 Attention, sill ifughes " Ck 92590 EO. Addmss 43200..Business Park Dr., TemeCUlaTeiphone, 909 694-1989 .. Project tPN97-05 Old Town Streetscape .(Steel FabricatiOn) THIS PROPOSAL-LS VOID UNLESS ACCEPfED WITHIN THIRTY DAYS. We propose b iumkh all materisis snd bbOr~,e~,F b pedonn lhe to!!owing: CHANGE ORDER TO 0R*Ig~NXL CONTRA~T --NOT p_3tRT OF ORIGIN. A/, CONTRACT shop ~ab~icate four (4) steel rose face plates and four (4) steel grape 'face pla'[es. All as per d~aeings by Bob 'H~rris,.Ineludes braizing of steel Race plates for brass look, $650'.b0 each, Fabrication.Labor & Naterlal .~ 5,200°00 Sales Tax ..$ 403,00 'inetalla~iou of eight (8) f~i pla~es to column '~overs. $ 8~0,00 Total $ 6,483.00 DATE ..... 19 ~Friday December 11, 1998 6:50am -- From '9096980675' F'B3H: HDLIE 14Ei_DIHG 8. Vii 1-131J:1 n - - Page R-IDHENO. 11 1~ 9~:59AM P:3 41218 Nk~ Lane, Mun~ta, CA 92r~2 (909) 698~gg7 · FAX (909) 6~843675 TO CIty of Temecula ._DI20 Dec, 10, ,19 98 A~tentions Bill Bugbee CA 92590 RO. Jddress 4q~O Rumine~e Pnrk nrlvn, T~R~-IATekN3hone ... qn9 Kg4--1QRQ J0~Addmss project tpw97-05 Old Town Streetscape.(S~eel Fabr.ieatio~) THIS PROPOSAL ~ VOID UNLESS ACCEPTED WITHIN THIRTY DAYS. e~A~ O~Fn mO ORTgTNA~ eOHTRACT N~T P~RT OF ORIGINal-OONtR~C/F Balance due on bronzing o~ number, letters and ri.nqs, . ..... , Sales Tax .. $ 89-45 Total $..1.,243,70 DATE .......... 19 lFrjclay December 11, 1998 6:501m -- From '90969806?5' -- Page .) -, ,T I 34,L0.. - Sym ebout C~ Sign Structure ~ ~ Roadway Post TS 6 x 4 Item 25 (Subsequent Need Item) APPROVAL TO: FROM: DATE: SUBJECT: CITY OF TEMECULA SUBSEQUENT NEED AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works\City Engineer December 15, 1998 Additional Work Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements - Project No. PW95-12 and Front Street Widening Rancho California Road to Moreno Drive - PW98-08 PREPARED BY: A~,/~William G. Hughes, Senior Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve Change Order No. 12 to Widen Front Street from Rancho California Road to Moreno Drive PW98-08 in the amount of 9106,506.00 and authorize the City Manager to sign the Change Order. 2. Authorize the City Manager to approve additional contingency amounts not to exceed $10,650.00, which is the 10% contingency amount· On October 28, 1997, the City Council awarded a contract to Riverside Construction Company in the amount of ~3,907,776.00 for Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements - Project No. PW95-12. In June the City Council approved a new Capital Improvement project to widen Front Street from Rancho California Road to Moreno Road. The Front Street Widening project will place new concrete curbs and gutters and repair and repave Front Street from Rancho California Road to Moreno Drive. If this project would have been previously funded it would have been included in either the Old Town Streetscape project or the Rancho California interchange project because of its proximity and interrelationship to both the streetscape improvements and the Rancho California interchange improvements. The Public Works Department has attempted to negotiate a change to either project to complete the work efficiently and timely. If the City waits for the Rancho California Interchange Project and the Streetscape project to conclude, and then bid Front Street widening separately, we will have to remove new landscaping, paving and signal loop detectors now being installed, increasing the costs to the City. R:~agdrpt\98\12J45~pw95-12Frnt The need for this action was not known at the time of agenda preparation. The City will not have another opportunity to take action on this item before your January 12, 1999 City Council Meeting. If this work is not initiated immediately, the archways will be installed next week without the recommended enhancements. FISCAL IMPACT: We have requested and received quotes from both Riverside Construction and Valley Crest to perform this work immediately. We have negotiated cost of S 106,506.00. $ 200,000 is available for this work in Redevelopment Construction Account 280-199-822- 5804. ATTACHMENT: CCO 12, Proposals from Riverside Construction R:~ggdrpt~98\12J45~pw95-12Fret Cm of Temecula 4-3200 Business Park Drive · Ternecula, CA 92590 · MailingAddress: PQ. Box 9033 · Temecula, CA 92589-9033 Project & PW98-08 Front Street Widening PROJECT: Rancho California Interchacle Iml~rovements- Front Street Widening SHEET 1 of 1 TO CONTRACTOR: Riverside Construction NOTE: This chan.cle order is not effective until al~l~roved by the Enqineer. THIS CHANGE PROVIDES FOR: A. An INCREASE in the following items: 1. Widen Front Street: Remove existing tree stumps, asphalt berms, relocate signs, grade, and place new concrete curbs and gutters along the west side of Front Street for a total amount of .......................................... $37,672.00 2. Pavement Rehabilitation and Overlay: Remove and replace damaged pavement, Overlay full width street, traffic control and re-stripe lanes for a total amount of ..................................................................... $68,512.00 TOTAL ..........................................................................................$106, 184.00 Original Contract Amount ...........................................................................$3,907,776.00.00 Adjusted Contract Amount ...............................................................................~4,568,126.73 Change Order No. 1(+) ....................................................................................$106,184.00 Total Contract Amount ...................................................................................~ 4,674,310.73 Estimated Working Days _3 Approved: Senior Engr. By: Date: We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is appr0ved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Date Accepted: Contractor: (company's name) By: Title: (signature) Name: (print) If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. r:\cip\projects\pw97-21 \cco\cco 1.001 (Pnntedon Recycled Paper '(onday ~ecember 14, 1998 10:&gin -- From '9096991032, ~2/14/g8 10N 12:44 FAX gOgi991032 IIF. C-i I-~i I I t4i Free: - - page RNEFLSIDE CONSTRUCTION COMPANY ~+, CIT~ ~ ~OO2 T-SI~ P.gl/i3 JdPIlil CNJI=.STATG I,ICIgiSEN~266222 ALBERT A, VVIEB8 A~SO,~c.:.: C_JVN,.. ENGINEERS DEC 11 1998 Wo FIlE December I1, 1998 Project No. PWg.$-I1, Rsncho C..alifonia:R~ad at lnt. etszaze Route 15 Bridge Wi,4-e,h,g and Nordd:~,md Ramp lm.pmvemems As r~,-,ted by lh~ City on 12/10/98, Rivessi~ Consnucdo~ Cmxpany's cost proposal forth,- reh~iBr2tion ofFmat Street dszed November 2~, 1998 is revised as follows: Thesspha!~concresesb~bepaidinizcmno. 40'PL~eAspbaltConcre~(TypcA)' at tkc cm~nci un~ imcc (SSO.00/mn). ,a d,'lhi,,-,,,',y, a c. onu"'s~ chan~c order at dse NV'eed price listed below will be ~ zll ~'nmdc sjt..,~.,/,cd in our lcucr dstal 11/'2519S wit excep~_'_on to the asphalt From Sireas Rehabilitation, Change Order Agreed t-,_-'qp Sum Price = $37,672,00 As stm~ h an- carli~ l~u~ ~j'vcrsidc Consu'uction Company requires 'du'ee addidonsl u~orking days for titis extra work b'hould you hvc any questions, please conn~ our Pjverside Construction Company By:. Jason Moore N~nclay December 1/,, 1998 lO:&gm -- From '90969910~2' -- Page 3l · 2/~4/98 iON 3Z:4i ¥iZ 909699103Z TIBIECULA WEBS I)EC-I!-H I1:4i File: -.,~_, -,+., CITY ~ fl003 T-SSB P.I3/B.1 Job-GO RNERSIDE CONSTRUCTION COMPANY' l:2," t .... . _ / Wadit .,~. · ,bplukco~eo=:day(0..25")donSFfumSt.(ST~.~7+~to3S+~,appror..) · Nee, -, ,'~o:,..- (S'U,. :rz+r,o to 3s+2S, approx.) Ot:da-~.~lmnD Lute Sum l~ic:-, s(a, sz2.oo