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HomeMy WebLinkAbout092705 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 27,2005 - 7:00 P.M. 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. Next in Order: Ordinance: No. 2005-16 Resolution: No. 2005-96 CALL TO ORDER: Prelude Music: The Cutie Pies Invocation: Rabbi Hurwitz of Chabad of Temecula Valley Flag Salute: Councilman Washington ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENT ATIONS/PROCLAMATIONS Recoanition of Temecula Vallev Bank on their Success and Achievina listina on the NASDAQ 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" fomn 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. R:\Agenda1092705 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 13, 2005. 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Initiation of the process to establish a Tourism Business Improvement District amona Temecula and Wine Countrv hotels, motels, and bed and breakfasts to promote tourism in the Temecula Vallev RECOMMENDATION: 4.1 Adopt a resolution entitled: R:\Agenda1092705 2 RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO ESTABLISH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID), DECLARING ITS INTENTION TO LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH DISTRICT FOR FISCAL YEAR 2006-07 AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 4.2 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING CONSENT OF THE COUNTY OF RIVERSIDE TO CREATE THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 5 Completion and Acceptance of Construction Contract - Citywide Concrete Repairs FY2004-2005 - Proiect No. PW05-03 RECOMMENDATION: 5.1 Accept the project, Citywide Concrete Repairs FY2004-2005 - Project No. PW05-03 as complete; 5.2 File a Notice of Completion, release the Performance Bond; and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 5.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 6 Contract Amendment for Schirmer Enaineerina RECOMMENDATION: 6.1 Approve the first amendment with Schirmer Engineering for an amount of $30,000. 7 Cable Television Franchise Transfer RECOMMENDATION: 7.1 Adopt a resolution entitled: R:\Agenda1092705 3 RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONDITIONALLY AUTHORIZING (1) A TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM ADELPHIA COMMUNICATIONS CORPORATION TO COMCAST CABLE HOLDINGS, LLC; (2) AN ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE BY COMCAST CABLE HOLDINGS, LLC, TO CAC EXCHANGE I, LLC; AND (3) A TRANSFER OF CONTROL OF CAC EXCHANGE I, LLC FROM COMCAST CORPORATION TO TIME WARNER CABLE INC. 7.2 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE NONEXCLUSIVE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS 8 Rancho California Water District Easement Deed within Kent Hinteraardt Memorial Park RECOMMENDATION: 8.1 Grant Utility Easement to Rancho California Water District for the perpetual easement and right-of-way for construction, operation, and maintenance of their facilities within Kent Hintergardt Memorial Park. 8.2 Authorize the City Clerk to record the Utility Easement Deed. 9 Communitv Grant Aareement with the Temecula Sister Citv Association RECOMMENDATION: 9.1 Approve a grant in the amount of $7,500 for the Temecula Sister City Association for fiscal year 2005-2006. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY ******************** R:\Agenda1092705 4 ******************************.********************************************~~~~AA4AAA********AAAAAAAAAAAA****** TEMECULA COMMUNITY SERVICES DISTRICT MEETING **44444411111111111***************11111111*****************11111111********************************************** Next in Order: Ordinance: No. CSD 2005-01 Resolution: No. CSD 2005-21 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Edwards, Comerchero, Naggar, Roberts, Washington 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 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of September 13, 2005. 2 Acceptance of Parkway and Slope Landscape Bonds and Aareements for Tract Map No. 5004 Valedmosa Development RECOMMENDATION: 2.1 Accept the agreement and surety bonds from KB Home Coastal, Inc. to improve certain perimeter slopes and parkways within Tract Map No. 25004. R;\Agenda1092705 5 COMMUNITY SERVICES DISTRICT BUSINESS 3 Ronald Reaaan Sports Park Monument RECOMMENDATION: 3.1 Approve in its substantial form, the conceptual master plan for the Ronald Reagan monument and its installation at the Ronald Reagan Sports Park. 4 Old Town Temecula Communitv Theater Auditorium Namina RECOMMENDATION: 4.1 Consider a recommendation from the Community Services Commission to name the auditorium of the Old Town Temecula Community Theater the Rancon Auditorium. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, October 11, 2005, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R;\Agenda1092705 6 ***~**************.*.~**.******..*****.*****~*********..***.**~***************~**********~~**~!**~~*~****** TEMECULA REDEVELOPMENT AGENCY MEETING ************************.******~~w.i*****1***.~~1:*~*****.************************************.****.********,** Next in Order: Ordinance: No. RDA 2005-01 Resolution: No. RDA 2005-08 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Edwards, Comerchero, Naggar, Washington, Roberts 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 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of September 13, 2005. 2 Old Town Parkina License Aareement - Munyon RECOMMENDATION: 2.1 Adopt an Old Town License Agreement between the Temecula Redevelopment Agency and Dennis Munyon. R:\Agenda1092705 7 DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, October 11, 2005, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1092705 8 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 the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 10 Citywide User Fee Increase RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN INCREASE IN CITYWIDE USER FEES COUNCIL BUSINESS 11 Emeraency Manaaement Overview (At the request of Mayor Comerchero) RECOMMENDATION: 11.1 Receive and file. 12 Citv Council Meetina Schedule for December RECOMMENDATION: 12.1 Direct the City Clerk to schedule December meetings and perform the appropriate postings and noticing requirements of the Government Code. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, October 11, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1092705 9 PROCLAMA TIONS AND PRESENTATIONS Jeff Comerchero Mayor Ronald H. Roberts Mayor Pro- T em Maryann Edwards Councilmember Michael S. Na9gar Councilmember Chuck Washington Councilmember 951-506-5100 FAX 951-694-6499 Ci!y of Temecula 43200 Business Park Drive . Temecula. CA 92590 . MailingAddress: P.o. Box 9033 . Temecula. CA 92589-9033 (9511 506-5' 00 . Fax 19511 694-6499 . www.cityohemecula.org September 27,2005 Mr. Stephen H. Wacknitz President and CEO Temecula Valley Bank 27710 Jefferson Ave., A-100 Temecula, CA 92593-0690 Dear Mr. Wacknitz, On behalf of the City Council and City staff, I would like to congratulate you on Temecula Valley Bank's recent debut on the Nasdaq National Market. What an accomplishment! You have experienced such amazing growth as a leader in the financial industry and are truly one of Temecula's successful business stories. We are very fortunate to have Temecula Valley Bank as a member of our community and appreciate the ongoing contributions to the events and community organizations that make for a vibrant community. We have provided you with a framed article to display as you wish. Congratulations again on your recognition and we wish Temecula Valley Bank continued success in the years to come! <I Printed on Recycled Paper cc Temecula City Council Shawn Nelson, City Manager Jim O'Grady, Assistant City Manager ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 13, 2005 The City Council convened in a regular meeting on Tuesday, September 13, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session convened at 7:00 P.M. Present: 5 Council members: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None PRELUDE MUSIC The prelude music was provided by M.O.T.I.F. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Chapel of Temecula. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Roberts. PRESENT A TIONS/PROCLAMATIONS PT AlPTSA Month Proclamation Noting the importance of PTAlPTSA, Ms. Diane Bynum thanked the City Council for its recognition. Certificates of Achievement to Little Leaaue All-Star Team Mayor Comerchero presented a Certificate of Achievement to the Undefeated Champions of the Temecula Valley American Little League. Rose Society Presentation Thanking the City Council for its recognition, Ms. Debra Weersing, by way of oyerheads, presented the City Council with photos of the existing Rose Garden. Mayor Comerchero also acknowledged County Supervisor Jeff Stone and Treasurer Paul McDonnell for their tremendous support with regard to the Temecula Valley Rose Society. PUBLIC COMMENTS A. Thanking the City Council for its support, Mr. Dave Blake and Ms. Tammy Marine, representing the Board of Directors of Habitat for Humanity, presented the City Council with a plaque of recognition for its longtime support. R:\Minutesl091305 B. Representing the Arts Council of Temecula Valley, Ms. Luanne Ferrer, Murrieta, presented the City Council with a framed 2005 Arts in the Country Festival signature art piece. Ms. Ferrer gave special thanks to Recreation Supervisor Lawrence and his staff at the Community Recreation Center, Museum Services Manager Ott, and Executive Assistant Steffen for their efforts in helping keep the arts alive in the Temecula Valley. C. Mr. David Lander, Murrieta, representing the Silverhawk Coalition, spoke in favor of the City annexing the Silverhawk area and that the City Council consider agendizing the matter for discussion. D. Echoing the comments made by Mr. David Lander, Ms. Sue Moore, Murrieta, also spoke in favor of the City of Temecula annexing Silverhawk area. With regard to the City annexing the Silverhawk area, Councilman Naggar requested that City Manager Nelson prepare an informal analysis with regard to sales tax, current housing units, and existing and proposed commercial units in the Silverhawk area for the City Council to discuss. E. Representing the Meadowview Equestrian Committee, Ms. Jan Austin, Temecula, spoke in favor of keeping Kahwea Road closed. F. Expressing her dismay with an article in the newspaper regarding opening Kahwea Road, Ms. Ellen Ellish, Temecula, spoke in favor of keeping Kahwea Road closed. G. Ms. Joan Harkins, Temecula, expressed concern with public health issues that could arise due to workers loitering on Butterfield Stage Road and Rancho Vista Road, and requested that the City Council address the issue. Ms. Harkins presented the City Clerk with a letter from residents who have similar concerns. In response to Ms. Harkins' concern, Mayor Comerchero noted that the City Council is aware of the loitering issues and is in the process of assessing safety concerns along the Butterfield Stage Road corridor. Echoing Mayor Comerchero's comments, Councilman Naggar also noted that law enforcement will be patrolling Butterfield Stage Road as needed. Mr. Bill Harkins was called upon to speak but chose not to address the City Council. H. Ms. Diana Broderick, Temecula, thanked the City Council for its quick response to the issue of boat trailers, cars, and RVs parked on both sides of the Kahwea Road barricade, noting that within 36 hours, three No Parking Anytime signs were placed on each side of the barricade. Appreciating the No Parking Anytime signs, Ms. Broderick relayed that due to barricade posts being set in concrete, emergency vehicles would not have the ability to pass through the barricade: that Vehicle Code Section 21101 requires that significant evidence of crime and unsafe traffic volume must be reflected in order to permit the closure of a street: and that in the past, Kahwea Road was open as a direct route for local traffic but that it was closed through an unknown process. Viewing the barricade as illegal, Ms. Broderick questioned how a barricade that would prevent local residents direct route access to its City streets be allowed to exist: and requested a response from the City Council or a designated representative. R:\Minutes\091305 2 Addressing Ms. Broderick's comment, City Attorney Thorson relayed that after reviewing the issue of the barricade, it was concluded that legally the road was never opened; and that Vehicle Code Section 21101 would not apply; that the City Council has never taken an action to close the road; that this area was blocked off when the developers adopted the tract map; that as a result, the City has never accepted it into its road system; and that the fact that the barricade is permanent would not be of merit one way or the other as to whether or not the road is open or closed. City Attorney Thorson also noted that City Manager Nelson has addressed the issue with the Fire Department and that the closure of Kahwea Road would not be viewed as a public safety hazard; and that no further action would be required by the City Council. I. By way of overheads, Mr. Mike Kuhn, Temecula, echoed Ms. Broderick's comments, and requested that Kahwea Road be opened. In response to Councilman Washington's query, City Attorney Thorson advised that due to his residence in Meadowview, it would be appropriate to not comment on any comments made regarding Meadowview. J. Ms. Diana Lovett-Webb, Temecula, publicly thanked the City Council for its support of the residential community and protecting the quality of life in this City. K. Representing the Temecula Tractor Race Organization, Mr. Bill Gould, Temecula, thanked the City Council for its continued support of the event. CITY COUNCIL REPORTS A. Thanking Community Services Director Parker, City staff, and all the volunteers who offered time, Councilman Washington commented on the success of the Fourth Annual Temecula-On-Stage fundraiser event, advising 25% of the proceeds will be going to the victims of Hurricane Katrina. Councilman Washington announced that the Chamber of Commerce will be hosting a Katrina Relief Fund that will be held on Friday, September 23, 2005, from 5:00 pm to 10:00 pm at South Coast Winery Resort and Spa and advised that admission will be free of charge and that for more information one could call (951) 676-5090 or visit info@unite2nite.orQ. B. Councilwoman Edwards relayed that Rancho Community Church in conjunction with other churches in the Temecula Valley will be hosting a concert on Saturday, September 24, 2005, at Rancho Community Church, noting that admission will be free of charge and all offerings will be donated to the American Red Cross and that for more information one could call (951) 693-0771. It was also noted by Councilwoman Edwards that the Crowne Hill area will be holding a community garage sale with all proceeds being contributed to the American Red Cross and that for more information on other ways to with donate, city residents may dial 2-1-1 to receive more information on how to help. On behalf of the individuals from the U.S.S. Ronald Reagan who donated their time to help with the Ronald Reagan Sports Park, Councilwoman Edwards presented the City Council with a plaque of the U.S.S. Ronald Reagan. Via overheads, Councilwoman Edwards displayed a picture of Councilman Naggar's newly born son, Liam Michael Naggar, born Wednesday, August 31,2005. R:\Minutesl091305 3 C. In light of Hurricane Katrina, Councilman Naggar relayed the importance of Temecula's Citizen Corps (TCC) and advised that although the TCC has mechanisms in place that would prepare the City for such a disaster, it would be equally important for citizens to take responsibility of their own homes and neighborhoods. At this time, Councilman Naggar requested that the Fire Department and Police Department, at a future City Council meeting, discuss and provide information to the public as to how the City would be prepared for such a disaster. Councilman Naggar announced to the audience that Elton and Jean Ward have recently celebrated their 65th wedding anniversary. D. Echoing the comments made by Councilman Naggar regarding the importance of being prepared for an emergency, Mayor Comerchero stated that there will be a presentation at the next City Council meeting on Tuesday, September 27, 2005, which will inform residents on how the City would be prepared for a natural disaster. Mr. Comerchero advised that brochures regarding the Temecula Citizen Corps (TCC) would be available to the public at www.tccteam.organdstatedthattheCity.inconjunctionwiththeCounty.isin the process of upgrading the TCC program. Referencing public safety, Mayor Comerchero relayed that the City received a commendation from the Office of Traffic Safety, State of California, in recognition of Temecula's Stop Light Abuse Program (SLAP). Mr. Comerchero reminded the public of the upcoming Temecula Valley International Film and Music Festival to be held Wednesday, September 14 through September 22, 2005, at the Movie Experience at Tower Plaza. E. Councilman Washington also relayed that the Elk's Club and First Centennial Bank are taking donations for the Hurricane Relief Fund. At 8:11 pm, a short recess was taken. The City Council reconvened at 8:21 pm. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 23, 2005. R\Minutes\091305 4 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 05-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of Julv 31. 2005 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of July 31, 2005. 5 Financial Statements for the Fiscal Year Ended June 30. 2005 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2005; 5.2 Approve a budget transfer of $54,000 to Sales Tax reimbursement from Public Works; 5.3 Approve an increase in operating transfers out of $13,100 from AB 3229 COPS fund; 5.4 Approve an increase in operating transfers out of $218,500 from the Gas Tax Fund. 6 Microsoft Software Licenses - Annual Renewal RECOMMENDATION: 6.1 Authorize the annual purchase of 250 Client Access Licenses (CAL) of Microsoft Windows Professional from ASAP Software for $54,972.50. 7 California Department of Justice - Drua and Alcohol AnalysislFinaerprintina RECOMMENDATION: 7.1 Authorize an expenditure of $71,500 from the Police Department budget for drug and alcohol analysis/fingerprinting for Fiscal Year 2005/06 from the California Department of Justice. R:\Minutes1091305 5 8 Resolution of Support in an effort to reduce Drinkinq and Drivina Accidents RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 05-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE POSTING OF TRANSPORTATION SERVICE PROVIDERS AT ALL RESTAURANTS AND BARS THAT SERVE ALCOHOL AND REQUIRING THAT ALL FUTURE CONDITIONAL USE PERMIT APPROVALS INCLUDE A REQUIREMENT FOR POSTING THESE RESOURCES IN A VISIBLE AREA IN AN EFFORT TO REDUCE DRINKING AND DRIVING ACCIDENTS 9 Concert Grand Piano for the Old Town Temecula Community Theater RECOMMENDATION: 9.1 Authorize the City Manager to purchase a Concert Grand Steinway Piano for use in the Old Town Temecula Community Theater for a sum not to exceed $70,500. 10 Temporarv Staffina Aareements RECOMMENDATION: 10.1 Approve an agreement for temporary staffing services with Apple One in the amount of $150,000 plus 10% contingency; 10.2 Approve an agreement for temporary staffing services with Manpower in the amount of $200,000 plus 10% contingency. 11 Professional Service Aqreement for Overland Pacific Cutler, Inc. for Relocation Services - RECOMMENDATION: 11.1 Approve a Professional Service Agreement for Overland Pacific and Cutler, Inc. to provide relocation services in the amount of $45,000; 11.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency of $4,500 which is equal to 10% of the agreement amount; 11.3 Approve an appropriation from the unreserved General Fund balance in an amount not to exceed $299,500 for relocation services and assistance. RIMinutesl091305 6 12 Fiscal Year 2005-06 Economic Development OperatinalMarketina Aareements RECOMMENDATION: 12.1 Approve the operating/marketing agreement with Temecula Valley Chamber of Commerce in the amount of $148,000; 12.2 Approve the operatinglmarketing agreement with Economic Development Corporation of Southwest California in the amount of $22,500. 13 Sponsorship Reauest for the Great Tractor Race and Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation Race for the Cure Sponsorship and Fundina Aareement RECOMMENDATION: 13.1 Approve the event sponsorship agreement for actual City support costs in the amount not to exceed $14,490 for The Great Tractor Race; 13.2 Approve the event sponsorship and funding agreement in the amount of $25,000, City support costs in the amount of approximately $13,075, and promotional services valued at $11,925 for the Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation Race for the Cure event. 14 Authorize Temporarv Street Closure of Old Town Front Street between Third Street and Fifth Street for the Old Town Temecula Antiaue Street Faire Event scheduled for September 24. 2005 and Deleaate Authority to Issue a Special EventslStreet Closures Permit to the Director of Public Works/City Enaineer RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN THIRD STREET AND FIFTH STREET FOR THE "OLD TOWN TEMECULA ANTIQUE STREET FAIRE" EVENT SCHEDULED FOR SEPTEMBER 24, 2005 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKSICITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES (This item was taken off calendar; see page 9.) R:\Minutesl091305 7 15 Authorize Temporarv Partial Street Closures for Race for the Cure Event October 16. 2005. in the Promenade Mall area (Maraarita Road, Overland Drive. Ynez Road. and Solana Way) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 05-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 16, 2005 AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT 16 Authorize Temporarv Street Closures for the Sixth Annual Temecula Fall Car Show and Old Town Cruise Event (Old Town Front Street between Moreno Road and Second Street. and other related streets) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 05-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE SIXTH ANNUAL TEMECULA FALL CAR SHOW EVENT AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 17 Award the Construction Contract for Proiect No. PW04-12 - Pavement Rehabilitation Proaram FY 2005-06 - Ynez Road RECOMMENDATION: 17.1 Award a construction contract for Project No. PW04-12 Pavement Rehabilitation Program FY 2005-06, Ynez Road, to Silvia Construction, Inc. in the amount of $709,568.39 and authorize the Mayor to execute the contract; 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $70,956.84, which is equal to 10% of the contract amount. RIMinutesl091305 8 18 City Maintenance Facility Expansion/Field Operations Center-Phase I - Proiect No. PW03-06 RECOMMENDATION: 18.1 Award a construction contract for the Phase I of the Field Operations Center (Maintenance Facility Expansion), Project No. PW03-06, to Western Rim Constructors, Inc., in the amount of $636,094.80, and authorize the Mayor to execute the contract; 18.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $63,609.48, which is equal to 10% of the contract amount. 19 Purchase and Sale Aareement for Property located in Old Town RECOMMENDATION: 19.1 Approve the Purchase and Sale Agreement and escrow instructions for certain real property located at 41910 Main Street (APN 922-044-019) in the City of Temecula and authorize the Mayor to execute the agreement; 19.2 Approve an appropriation from unreserved General Fund balance in an amount not to exceed $595,000 for acquisition, escrow, closing costs, appraisal, testing, and related fees. 20 License Aareement with the Boy Scouts of America Troop No. 309 to use a City-owned vacant lot (located northwesterly of the intersection of Diaz Road and Rancho California Road) for a parkina lot durina the Temecula Fall Car Show on October 8. 2005 RECOMMENDATION: 20.1 Approve a license agreement between the City of Temecula and the Boy Scouts of America, Troop No. 309, to use a City-owned vacant lot for off-street parking and fund raising activities during the Temecula Fall Car Show. MOTION: Councilwoman Edwards moved to approve Consent Calendar Item Nos. 1-13 and 15- 20 (Item No. 14 was taken off calendar). The motion was seconded by Councilman Naggar and electronic vote reflected approval with the exception of Councilman Naggar who abstained with regard to 13.2 and 15. In response to Councilman Naggar's query, Director of Public Works Hughes noted that the intent would be to complete the repaving of Ynez Road prior to upcoming holiday season. With regard to Item No.8, City Clerk Jones relayed that Mr. Edward Varela gave thanks to the City Council for its efforts in providing the resolution. R\Minute5\091305 9 COUNCIL BUSINESS 21 Financial Assistance for the American Red Cross (requested by Mayor Comerchero and Mayor Pro Tem Roberts) RECOMMENDATION: 21.1 Approve a $36,000 contribution to the American Red Cross to assist with local Chapter operations, local disaster relief, and relief for the victims of Hurricane Katrina; 21.2 Approve an appropriation of $36,000 from Unappropriated Reserves of the General Fund for this contribution. Mayor Pro Tem Roberts provided a staff report (of written record). At this time, the public hearing was opened. On behalf of Mr. Bruce Cripe, City Clerk Jones relayed his full support for the proposed recommendation. Mr. Wayne Hall, Temecula, spoke in favor of the proposed recommendation. At this time, the public hearing was closed. MOTION: Mayor Pro Tem Roberts moved to approve Item No. 21. Councilwoman Edwards seconded the motion and electronic vote reflected unanimous approval. Councilman Naggar directed staff to prepare the Community Development Block Grant (CDBG) report for the subcommittee to review. Mayor Comerchero noted the importance of donating to the local American Red Cross. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT City Attorney Thorson noted that there are no actions to report from closed session. R:\Minutes1091305 10 ADJOURNMENT At 8:49 P.M., the City Council meeting was formally adjourned to Tuesday, September 27, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk RIMinutesl091305 11 ITEM 3 RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $3,540,281.09. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 27'h day of September, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Resos 2005/Resos 05- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 05-_ was duly adopted at a meeting of the City Council of the City of Temecula on the 27'" day of September, 2005 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: ABSTAIN: Susan W. Jones, MMC City Clerk RlResos 2005/Resos 05- 2 I I I CITY OF TEMECULA LIST OF DEMANDS 09/08/05 TOTAL CHECK RUN: 09/15105 TOTAL CHECK RUN: TOTAL liST OF DEMANDS FOR 09/27/05 COUNCil MEETING: 09/08/05 TOTAL PAYROll RUN: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 192 193 194 196 210 280 300 320 330 340 380 390 001 165 190 192 193 194 196 280 300 320 330 340 GENERAL FUND RDA DEV-lOW/MOD SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE lEVEL "B" STREET LIGHTS TCSD SERVICE lEVEL "C" LANDSCAPE/SLOPE TCSD SERVICE lEVEL "0" REFUSE/RECYCLING TCSO SERVICE lEVEL l lAKE PARK MAINT. CAPITAL IMPROV PROJECT FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACiliTIES RDA TABS OEBT SERVICE.TEMECULA 02 TCSD COP DEBT SERVICE-TEMEUCLA 01 GENERAL FUND RDA DEV-lOW/MOD SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE lEVEL "B" STREET LIGHTS TCSO SERVICE lEVEL "C"LANDSCAPE/SlOPE TCSD SERVICE lEVEL "0" REFUSE/RECYCLING TCSD SERVICE lEVEL l LAKE PARK MAl NT. REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST I l4~f?LIr- ,o~,.. 'l:O".~' S $ 547,660.52 20.184.11 182.880.69 46,914.21 12,767.82 815.58 6.890.50 1,796,477.33 28,732.01 736.84 100,456.10 9,301.07 9,140.27 4.850.00 368,792.62 $ 1,579.653.50 279,187.26 4,949.67 76,894.64 102.66 4,878.73 810.55 547.33 3,445.50 1,203.47 22.372.34 2,900.83 6,388.44 1.556.946.17 403.681.42 $ 3,540,281.09 $ 3,136,599.67 403.681.42 $ 3.540,281.09 ,HEREBY CERTIFY THAT THE FOllOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. apChkLst Final Check List Page: 1 09108/2005 12:57:21PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 561 0910812005 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 60,386.03 Blue Shield HMO Payment 0.00 60.386.03 562 0910812005 000444 INSTATAX (EDD) State Disability Ins Payment 19,412.60 19,412.60 563 0910812005 000283 INSTATAX (IRS) Federal Income Taxes Payment 75,268.22 75,268.22 564 0910812005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19,221.55 19.221.55 565 0910812005 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 102.491.00 102,491.00 ---.--. .-..- 566 09108/2005 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 3,407.92 3,407.92 .. .-.... ...-.- - ------. .-..- 567 0910812005 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,753.29 Child Care Reimbursement Payment 0.00 7,753.29 101918 0910812005 001985 A E P (ASSOC OF ENVIRO PROF) Regist:CEQA Wrkshp:l0120:McCoy 125.00 125.00 101919 0910812005 003552 AFLAC AFLAC Cancer Payment 1,830.80 1,830.80 101920 0910812005 004973 ABACHERLI. L1NDI TCSD instructor earnings 760.00 760.00 101921 0910812005 004064 ADELPHIA 9/2-10/1 high speed intemet svcs 46.95 46.95 101922 0910812005 009010 ALEXANDER PACIFIC Repair elect switch @ C. Museum 110.00 110.00 101923 09/08/2005 004022 AMERICAN MINI STORAGE, Storage unit B111:1nf Sys:13 mnths 2,088.00 B&S off site storage unit Fl05 1,620.00 3,708.00 101924 0910812005 000747 AMERICAN PLANNING Membership: Dale West 160530 255.00 255.00 101925 0910812005 005335 ARTIST TOUCH STUDIO Framing T. Vlly Bank Article 177.32 177.32 101926 0910812005 002648 AUTO CLUB OF SOUTHERN Membership: Dale Monticino 95766932 46.00 46.00 101927 0910812005 006823 BARRERA.ORIETTA Refund: Woodworking Bus-T.Museum 18.00 18.00 101928 0910812005 002381 BEAUDOIN. LINDA Retirement Medical Payment 598.10 598.10 Page:l apChkLst 09/08/2005 12:57:21 PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 101929 09/08/2005 002541 BECKER CONSTRUCTION SRVS R&R cntr median rock:Margarita Rd 5,340.00 5.340.00 101930 09/08/2005 004040 BIG FOOT GRAPHICS TCSD instructor earnings 665.00 665.00 101931 09/08/2005 003502 BUILDING INDUSTRY ASSOC. BIA RegistGreen Bldg Sem:10/10:KH RegistGreen Bldg Sem:10/10:BW 169.00 169.00 338.00 101932 09/08/2005 000484 CALIF ASSN FOR LOCAL Membership: Shawn Nelson 465.00 465.00 101933 09/08/2005 009067 CALIF BANK & TRUST ReI Retention Esrw Edge Devel:T.Library 31,461.96 31,461.96 101934 09/08/2005 000152 CALIF PARKS & RECREATION Membership:C.Adkisson-Flohr 021938 125.00 125.00 101935 09/08/2005 007146 CALIFORNIA SENSOR CORP Repair Idscp controller @ Rdhwk Prk 150.21 150.21 101936 09/08/2005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 122.00 122.00 101937 09/08/2005 006954 CRAFTSMEN PLUMBING & HVAC install eye wash @ TES pool site 1,060.00 1.060.00 101938 09/08/2005 001393 DATA TICKET INC July Prkg citation processing: Police 469.49 469.49 101939 09/08/2005 003945 DIAMOND ENVIRONMENTAL Portable restroom:C.Museum 11'.55 111.55 101940 09/08/2005 008230 DOUGLAS E BARNHART INC 6/26-7/25 Prgss:Wolf Crk Sprts Cmplx Credit: CO #4 not authorized 804.447.56 -28.549.80 775,897.76 101941 09/08/2005. 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal 317.19 317.19 101942 09/08/2005 005880 EDGE DEVELOPMENT INC. Aug Prgss PmtPublic Library 283,157.49 283,157.49 101943 09/08/2005 003053 FAGAN, MATTHEW 9/11 Remembrance performer 200.00 200.00 101944 09/08/2005 000165 FEDERAL EXPRESS INC Express mail services 307.34 307.34 101945 09/08/2005 000206 FEDEX KINKOS INC Stationery paper/mise supplies 64.11 64.11 Page2 apChkLst 09/08l200S 12:S7:21PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 101946 09/08/2005 003347 FIRST BANKCARD CENTER MOVIE EXPERIENCE, THE HP Summer day camp movie adminlfood 945.00 I C M A GY RegistlCMA Conf:9/25-2B:Yates 625.00 MARRIOTT HOTEL HP HtI:LCC Comm.Cf:7/27-29:Fox 577.98 MARRIOTT HOTEL RR HII:Exec.Forum:7/27-30 512.51 NATIONAL LEAGUE OF CITIES RR Regist:NLC Ann'l Cf:1216.10 430.00 LEAGUE OF CALIF CITIES RR Regist:05 Ann'l Conl:l0/5.8 400.00 LEAGUE OF CALIF CITIES JC Regist05 Ann'l Conf:1 O/5-B 400.00 CALIF BUILDING OFFICIALS AE Regist:Energy Tmg:B&S Staff 350.00 AMERICAN AIRLINES RR Airtare:NLC .TIS:9123-24105 294.30 AMERICAN AIRLINES RR Airfare:APTA conf:9/26-2B 278.90 SOUTHWEST AIRLINES HP Airfare:WM Conf:9/6-10:Beers 248.10 EXPEDIA.COM HP Airfare:Trash Rate Hearing:B/OB 229.72 HERTZ RENT-A-CAR RR Car Rental:Exec.Forum:7/27-30 210.13 HERTZ RENT-A-CAR HP Car Rental:LCC Comm.Cf:7/27.29 191.65 SOUTHWEST AIRLINES HP Airfare:Trash Rate Hearing:BIOB 184.90 SOUTHWEST AIRLINES HP Airfare:Trash Rate Hearing:B/OB 184.90 DOMENICOS ON THE WHARF HP Meal:LCC Comm.Cf:7/27-29:Parker 155.10 JOBS ON THE WEB GY APA:Planning Tech Ad:2 weeks 150.00 LEAGUE OF CALIF CITIES RR Htl:05 Ann'l Conf:10/5-8 150.00 LEAGUE OF CALIF CITIES JC Htl:05 Ann'l Conf:10/5-B 150.00 GAMEWORKS HP Retrshmnts:Tour of Gameworks 124.24 SOUTHWEST AIRLINES RR Airtare:LCC Annl Conf:10/5-8 116.90 RAGAN COMMUNICATIONS, INC. AE "Mgr's Intelligence" Subscrp:B&S 109.00 GILBERT'S MONTEREY HP Meal:LCC Comm.Cf:7/27-29:Parker 91.99 CALIF PARKS & RECREATION HP Advertising for C.Museum Mgr 75.00 CAROL'S RESTAURANT AT RR Refrshmnts:Sister City Delegation 64.12 ORIGINAL ROADHOUSE GRILL GY Refrshmnts:PW Interview Panel 51.08 MARRIOTT HOTEL HP Meal:LCC Comm.Cf:7/27-29:Parker 45.25 ONTARIO AIRPORT HP Pr1<g:LCC Comm.Cf:7/27-29:Parker 45.00 Page:3 apChkLst Final Check List Page: 4 09108/2005 12:57:21PM CITY OF TEMECULA Bank: union UNiON BANK OF CALIFORNiA (Continued) Check # Date Vendor Description Amount Paid Check Total ONTARiO AI RPORT RR Prkg:Exec.Forum:7/27-30 28.00 UNiON 76 RR tuel:Exec.Forum:7/27-30 22.11 7,440.88 101947 09/08/2005 002982 FRANCHiSE TAX BOARD Support Payment Case # 452379267 75.00 75.00 101948 09/08/2005 004178 FREEDOM SIGNS Fac Impr prgm:Olive View Vineyard 2,475.00 2,475.00 101949 09/08/2005 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 849.00 Printer toner supplies:Citywide 175.95 1,024.95 101950 09/08/2005 005768 GLOBAL ELECTRIC MOTOR Gel batteries:Fire GEM vehicles 1,370.12 1,370.12 101951 09/08/2005 000175 GOVERNMENT FINANCE Application Fee:Achievement award 500.00 500.00 ---- ---- 101952 09/08/2005 005311 H20 CERTIFIED POOL WATER CRcrrES July pool svcs & supplies 1,797.45 1,797.45 101953 09/08/2005 007466 HARRIS, THERESA Reimb:Accela '05 Conf:8J21-25 278.37 278.37 101954 09/0812005 009208 HENZ, JACK Reimb:LCC Comm.Svcs Cf:7/27-29 10.00 10.00 101955 09/08/2005 002107 HiGHMARK INC Voluntary Supp Ute Insurance Payment 734.90 734.90 101956 09/08/2005 007792 HiNTON. BEVERLY L. TCSD instructor earnings 227.50 227.50 101957 09/08/2005 005748 HODSON, CHERYL A. Support Payment 119.98 119.98 101958 09/08/2005 000194 I C M A RETiREMENT-PLAN I eM A Retirement Trust 457 Payment 9,367.75 9,367.75 101959 09/08/2005 005579 INLAND EMPIRE PROPERTY Weed Abatement APN 921-810-025 350.00 Weed Abatement APN 957-340-027 175.00 Weed Abatement APN 921-112-004 125.00 Weed Abatement APN 921-112-007 125.00 775.00 101960 09/08/2005 001407 iNTER VALLEY POOL SUPPLY Aug pool sanitizing chemicals 2,756.36 2.756.36 101961 09/08/2005 004444 iNTUIT iT SOLUTiONS Track It ann'l mntc agrmnt renewal 2.589.47 2,589.47 101962 09/08/2005 001085 L N CURTiS & SONS Fire rescue equip supplies:Stn 84 421.11 421.11 Page:4 apChkLst 09/0812005 12:57:21PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 101963 09/0812005 006744 LAMAR CORPORATION. THE July billboard lease-Old Town Aug billboard lease-Old Town 2,900.00 2,900.00 5.800.00 101964 09/08/2005 000210 lEAGUE OF CAliF CITIES Urban Design Video Trng:Pfanning 250.00 250.00 101965 09/08/2005 003726 liFE ASSIST INC Paramedic Medical Supplies 1,541.50 1.541.50 101966 09/08/2005 009080 M V P liMOUSINE & GROUND JullAug transportation svcs: TCSO 900.00 900.00 101967 09/08/2005 000220 MAURICE PRINTERS INC printing H.R. application/employment 196.11 196.11 101968 09/08/2005 006571 MELODY'S AD WORKS Mrkt Svcs:Main St. Sat.Nites/Antique Faire 2,900.00 2.900.00 101969 09/0812005 003076 MET liFE INSURANCE COMPANY Metloe Denial Insurance Payment 8,426.70 8,426.70 101970 09/0812005 003427 MEYlER, JAMES A reimb:Calif. League Conf 7/27-29/05 682.35 682.35 101971 09/08/2005 008091 MlllMORE'S WAX CREW City vehicles detailing svcs: PW 75.00 75.00 101972 09/08/2005 001384 MINUTEMAN PRESS business cards: S. Faris business cards: B. Smith business cards: D. VillalM. Hilton business cards: D. Fanene-Gascon business cards: W. Van Vechten business cards: B. Barnett 115.55 115.55 86.74 43.37 43.37 43.37 447.95 101973 09/08/2005 001214 MORNINGSTAR PRODUCTIONS, Community Theater sound system 2.133.06 2,133.06 101974 09/08/2005 008820 NEIGHBORS NEWSPAPER Jun ad for Antique St Faire: RDA 95.00 95.00 101975 09/0812005 005608 NEUMAN, JASON reimb: htl accomodationslFire Alann Sem reimb: battery charger replacement 155.79 53.86 209.65 101976 09/0812005 008528 NICHOLS. MElBURG & ROSETIO Jul Consu~ing: Civic Center Complex 487.50 487.50 101977 09/08/2005 006721 OFFICEMAX. A BOISE COMPANY Mise Office Supplies: Finance 96.34 96.34 101978 09/0812005 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs 378.41 234.44 187.84 37.33 838.02 PageS apChkLst 09/08/2005 12:57:21 PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 101979 09/08/2005 002668 OMEGA LAKE SERVICES Aug Duck Pond water maint. svcs 815.00 815.00 101980 09/08/2005 001619 ORANGE COUNTY REGISTER INC 8/14 &17 recruit ads:CSD/PW/IS/Pln/Bldg 675.95 675.95 101981 09/08/2005 004389 OUT OF THE ORDINARY PW team building 9/15/05 9,600.00 9,600.00 101982 09/08/2005 002800 PACIFIC STRIPING INC Striping Prgm: RedhawklPujol/Santiago Street Striping Prgm: Rancho Calif. 19,982.67 3.016.05 22.998.72 101983 09/08/2005 003955 PANE CONSULTING SERVICE participation recogn. awards: F.I.T. 6.178.53 6,178.53 101984 09/08/2005 001958 PERS LONG TERM CARE PEAS Long Tenn Care Payment 288.55 288.55 101985 09/08/2005 001999 PITNEY BOWES Oct-Dee postage meter rental 269.11 269.11 101986 09/08/2005 009161 POLETTI, GUSTAVa TCSD Instructor Earnings 484.31 484.31 101987 09/08/2005 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal SeNices Payment 359.75 359.75 101988 09/08/2005 001364 R C P BLOCK & BRICK INC graft"i remover supplies: TCSD 607.71 607.71 101989 09/08/2005 008651 R M F CONTRACTING INC Jul Prgs #2: VRMS B-hall Court Lighting 21.981.60 21.981.60 101990 09/0812005 000728 RAMSEY BACKFLOW & repair backflow devices: var. City repair backflow devices:var. City repair bckflw devices:LaSerenalSirkdale repair backflow devices:Lake Front St test backflow devices: var. City slopes test backflow devices: var. City test backflow devices:var. City slopes 835.00 625.00 408.00 149.00 108.00 72.00 72.00 2,269.00 101991 09/08/2005 004483 RECREONICS INC equipment for Aquatics Prgm equipment for Aquatics prgm 321.44 209.40 530.84 101992 09/08/2005 004584 REGENCY LIGHTING electrical supplies: C. Museum 13.20 13.20 101993 09/08/2005 002907 REINHART FONTES ASSOCIATES appraisal svcs: Pujol St apn xxx-062-016 1,500.00 1,500.00 101994 09/08/2005 004498 REPUBLIC ELECTRIC Jul on-call traffic signal maint svcs 4.879.82 4.879.82 PageS apChkLst 09/0812005 12:57:21PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 101995 09/08/2005 000418 RIVERSIDE CO CLERK & recording tees: Martinez/Ricardo 27.00 27.00 101996 09/08/2005 000418 RIVERSIDECOCLERK& recording tees: Ledford/Smith 22.00 22.00 101997 09/08/2005 009209 RIVERSIDE CO PUBLIC SOCIAL Homeless Coalition:Adams/Osborne 9/26 20.00 20.00 101998 09/08/2005 003587 RIZZO CONSTRUCTION INC repair ice maker @ TCC 829.00 829.00 101999 09/0812005 009207 RODMAN, JERRY reimb: parts for ice maker @ Stn 92 51.72 51.72 102000 09/08/2005 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,014.36 1.014.36 102001 09/08/2005 008693 SALAZAR, DONALD (SWD 000053) Support Payment case #SWD000053 283.50 283.50 102002 09/08/2005 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00 102003 09/08/2005 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50 102004 09/08/2005 008529 SHERIFF'S CIVIL DIV. CENTRAL Support Pmt LO# 2005033893=$150.00 253.47 253.47 102005 09/08/2005 004814 SIMON WONG ENGINEERING INC Jul DS9n Svcs: Main! St Bridge 2,993.42 2,993.42 102006 09/08/2005 000751 SKILLPATH INC Excelling/1st-Time Mgr: S. Harvey 10/26 199.00 199.00 102007 09/0812005 000751 SKILLPATH INC Cant for Women: V. McCoy 01/12/06 149.00 149.00 102008 09/08/2005 003477 SMITH, BARBARA reimb:venue/large event wrkshp 7/12-13 173.85 173.85 102009 09/08/2005 000537 SO CALIF EDISON Aug 2-20-798-3248 C. Museum Aug 2.10.331.2153 TCC Aug 2-19-683-3263 Front SI Ped Aug 2-22.575-0876 Old Town Front St 1,602.27 1.586.82 1,375.68 392.64 4,957.41 102010 09/08/2005 001212 SO CALIF GAS COMPANY Aug var gas meters: City facilities 1,388.17 1,388.17 102011 09/08/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: CRC pest control svcs: T.E.S. Pool pest control svcs: CRC 90.00 49.00 36.00 175.00 Page:7 apChkLst 09/09/2005 12:57:21PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 102012 09/08/2005 005786 SPRINT 7/15/05-8114/05 cellular phone charges 6,992.35 6,992.35 102013 09/08/2005 000293 STADIUM PIZZA refreshments: SMART Prgm 8/19/05 refreshments:Jr Lifeguard Prgm 83.62 39.43 123.05 102014 09/08/2005 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 2.625.00 2,625.00 102015 09/08/2005 008823 STAR PAINTING & MAINTENANCE Res Imp Prgm: Jacobson, Kent & Melissa 1,780.00 1.780.00 102016 09/08/2005 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,240.00 4.240.00 102017 09/08/2005 006914 TEMECULA COPIERS INC. Jul copier repair/maint: City Facilities 4,285.97 4,285.97 102018 09/08/2005 000307 TEMECULA TROPHY COMPANY Winter/Spring '05 softball awards 590.52 590.52 102019 09/08/2005 004274 TEMECULA VALLEY SECURITY locksmith svcs: Harveston Lake Park 233.69 233.69 102020 09/08/2005 003140 TEMECULA VALLEY TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 313.60 291.20 179.20 84.00 44.80 912.80 102021 09/08/2005 007433 TOVEY SHULTZ CONSTRUCTION reimb: install gas line svclmtr.Comm. 372.51 372.51 102022 09/08/2005 004895 TUMBLES. J.w. TCSD Instructor Earnings TCSD Instructor Eamings TCSD Instructor Earnings 808.50 262.50 115.50 1,186.50 102023 09/08/2005 002702 US POSTAL SERVICE Postage meter deposit 3,470.66 3,470.66 102024 09/08/2005 000325 UNITED WAY United Way Charities Payment 223.65 223.65 102025 09/08/2005 000792 UNIV OF CALIF RVSD Leadership Academy '05:Thorson Sep-Oct 1.350.00 1,350.00 102026 09/08/2005 004819 UNUM LIFE INS. CO. OF AMERICA Long Teon Disability Payment 7,415.78 7,415.78 102027 09/08/2005 008445 WALT ALLEN ARCHITECT E. S. G. exhibit expansion @ T. Museum 500.00 500.00 102028 09/08/2005 006661 WILLIAMS, SUSAN Reimb:Accela Conf:8/21-25105 313.63 313.63 Page:8 apChkLst 09/08/2005 12:57:21PM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 102029 09/08/2005 008808 WOOLBRIGHTS ROOFING Res Imp Prgm: Lizotte, Joann 4,100.00 4,100.00 Grand total for UNION BANK OF CALIFORNIA: 1,579,653.50 Page:9 apChkLst Final Check List Page: 1 0911512005 11:54:35AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 568 0911512005 005460 U S BANK TCSD COPs Debt Service Pmt 368,792.62 368,792.62 102030 09114/2005 009216 AFFORDABLE PIANO MOVERS Piano movers: Theater Steinway 450.00 450.00 102031 09115/2005 004594 2 HOT ACTIVEWEAR JacketlBoots/T rousers:Off. Oeloss 1,414.76 1,414.76 102032 09115/2005 008552 AOKINS DESIGN CONSULTING Comm. Theater logo designs 2.367.53 2,367.53 102033 09115/2005 001916 ALBERT A WEBB ASSOCIATES Jun-Jul Eng svcs:Roripaugh CFD 03-02 2.407.97 2,407.97 102034 09115/2005 001281 ALHAMBRA GROUP Ldscp Design:Winchester Widening 172.00 172.00 102035 09/15/2005 004422 AMERICAN BATTERY Trojan Deep Cell Battery: Police 233.14 233.14 . - -- - - --. -. 102036 09/15/2005 004240 AMERICAN FORENSIC NURSES Sept QUI stand by fee 600.00 Jul DUI Drug & Alcohol Screening 105.00 Aug DUI Drug & Alcohol Screening 70.00 775.00 102037 09/15/2005 008279 AMERICOMP INFOSYSTEMS INC Un-Interruptible pwr supply:Th~ater 596.94 Cisco Access Routers:Theater 471.95 Computer Supplies:Pro Gigabit SX 269.38 1.338.27 102038 09/15/2005 005590 ARMSTRONG & BROOKS LOS deposit agreement w/city 1,200.00 1,200.00 102039 09/15/2005 009270 BENTO, KIMBERLY Refund: Kidz Love Soccer 115.00 115.00 102040 09/15/2005 004778 BERRYMAN & HENIGAR INC Jul.Aug Design:R. Calif Ad Widening 8,305.66 May-Jun Design:R. Calif Rd Widening 3.392.20 Credit: duplicate reimb billing '32.54 11.665.32 102041 09/15/2005 008437 BETZ, MARTIN Reimb:HtI:Cuttural Arts: Woodwrkg Bus 159.82 159.82 102042 09/15/2005 004829 BOB WILSON INC July '05 State lobbyist svcs 3.500.00 Aug '05 State lobbyist svcs 3,500.00 Sept. '05 State lobbyist svcs 3,500.00 10,500.00 102043 09/15/2005 005055 BROWN, STEVE Reimb:Team Bldg Luncheon 60.94 60.94 102044 09/15/2005 009082 C B C TECHNICAL INC Theater: Cables & Stage Lamps 2,712.21 Theater: Condenser Microphones 2,324.94 Theater: Mini Condenser For Drums 827.52 5.864.67 Page:1 apChkLst Final Check List Page: 2 09/15/2005 11:54:35AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 102045 09/15/2005 003138 CAL MAT Aug PW patch truck materials 725.62 725.62 102046 09/15/2005 005321 CALIF ASSOC OF CODE Ann'l CACE Sem:10!4.7:Parker 295.00 295.00 -- --- --- 102047 09/15/2005 005384 CALIF BAGEL BAKERY & DELI Refreshments: City council mtg 181.02 181.02 102048 09/15/2005 001089 CALIF DEBT & INVESTMENT RegistLand-Secured Financing:11/18 125.00 125.00 . 102049 09/15/2005 004248 CALIF DEPT OF JUSTICE- May 05 DUI Drug & Alcohol Screening 1,295.00 Dec!Jan DUI Drug & Alcohol Screening 210.00 Aug/Oct 04 DUI Drug & Alcohol 140.00 Mar 04 DUI Drug & Alcohol Screening 105.00 May 03 DUI Drug & Alcohol Screening 70.00 Aug 04 DUI Drug & Alcohol Screening 35.00 Dec 03 DUI Drug & Alcohol Screening 35.00 1,890.00 1020SO 09/15/2005 001590 CALIF REDEVELOPMENT ASSN '06 Entry fee: Cotlages of Old Twn 125.00 125.00 102051 09/15/2005 001590 CALIF REDEVELOPMENT ASSN '06 Entry fee: Erie Stanley Gardner 125.00 125.00 102052 09/15/2005 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 31.11 31.11 102053 09/15/2005 008742 CAPE MAY APARTMENTS LLC Refund:Permit fees ovrpmt: 40140 Village 136.94 136.94 102054 09/15/2005 002534 CATERERS CAFE Refreshments:Business mtg w!CA fire 28.02 28.02 102055 09/15/2005 000137 CHEVRON USA INC City vehicles fuel:Potice Dept 688.SO City vehicles fuel:PolicelCM 299.38 987.88 102056 09/15/2005 005585 CHING, MARIA Reimb:Accela Ann'l Conf:8121.24 195.97 195.97 102057 09/15/2005 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 180.46 180A6 102058 09/15/2005 005708 CLEAR CHANNEL advertising Hot Summer Nights 726.00 -- - - - - - --_._- advertising Hot Summer Nights 196.00 922.00 102059 09/15/2005 009269 COLCLAZIER, DALE Refund: Snack Bar Deposit 200.00 200.00 102060 09/15/2005 001193 COMP U SA INC Outdoor \Nireless internet access:Theater 946.09 946.09 Page2 apChkLst Final Check List Page: 3 09/15/2005 11 :54:35AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 102061 09/15/2005 000442 COMPUTER ALERT SYSTEMS Alarm monitoring svcs: City's Fac 1.659.00 R&R damper wire in records vault 190.99 1,849.99 102062 09/15/2005 001923 CONVERSE CONSULTANTS May-Ji,m Geotech:Jefferson Rehab Ph Ii 220.00 220.00 102063 09/15/2005 009273 COOLEY, BARBARA Refund: Skyhawks.Mini.Hawk 108.00 108.00 102064 09/15/2005 002631 COUNTS UNLIMITED INC Citywide Traffic Count Data Collection 13,580.00 13,580.00 102065 09/15/2005 003986 COZAD & FOX INC Feb-Mar Constr. Survey:Winchester Rd 6.612.00 May Canstr. Survey:Winchester Rd 365.00 6,977.00 102066 09/15/2005 009275 CROWN MAINTENANCE AND Refund: Snack Bar DelXlsit 200.00 200.00 102067 09/15/2005 001009 DB X INC Rei Retention: Trffc Signal: Pechange 11,844.50 11.844.50 102068 09/15/2005 004123 D L PHARES & ASSOCIATES Sept lease chrgs:Police storefront 2,141.58 2,141.58 102069 09/15/2005 001393 DATA TICKET INC July Prkg citation processing: Police 220.00 220.00 102070 09/15/2005 002990 DAVID TURCH & ASSOCIATES July/August Federal lobbyist svcs 6,700.00 6.700.00 102071 09/15/2005 009271 DEL CARMEN - MELENDEZ, Refund: Security Depst:CRC 400.00 400.00 102072 09/15/2005 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,493.45 Fuel for City vehicles: PW Mntc 1,374.11 Fuel for City vehicles: Bldg & Safety 1,036.38 Fuel for City vehictes:CIP/Land 846.90 Fuel for City vehicles:PoliceJPlanning 530.75 Fuel for City vehicles:City VanfTrailbzr 288.69 Fuel for City vehicles: CIP PW 263.02 Fuel for City vehicles: Traffic 220.33 Fuel for City vehicles:Code Enforce 123.87 6,177.50 102073 09/15/2005 001714 DREAM ENGINEERING INC Reimb Expenses:V.R. Bsktball Lights 33.38 33.38 102074 09/15/2005 006746 ECO NOMICS, INC Audit For Trash Collection Svcs 2.000.00 2,000.00 102075 09/15/2005 005115 ENTERPRISE RENT A CAR INC T.Musuem explorer excursion van rental 141.72 141.72 Page:3 apChkLst 09/1512005 11 :54:35AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 102076 09/15/2005 005251 EQUIPMENT REPAIR SERVICE 102077 09/15/2005 009327 FARIS, STEVE 102078 09/15/2005 000165 FEDERAL EXPRESS INC 102079 09/15/2005 000206 FEDEX KINKOS INC 102080 09/15/2005 000166 FIRST AMERICAN TITLE 102081 09/15/2005 004239 FISHER SEHGAL YANEZ INC 102082 09/15/2005 004178 FREEDOM SIGNS 102083 09/15/2005 009097 FULL COMPASS SYSTEMS 102084 09/15/2005 004514 G T S I CORP 102085 09/15/2005 000177 GLENNIES OFFICE PRODUCTS 102086 09/15/2005 005947 GOLDEN STATE OVERNIGHT Final Check List CITY OF TEMECULA (Continued) Description PW large equip repair svcs Reimb:Accela Ann'l Conf:8121.24 Express mail selVices Express mail selVices Stationery paper/mise supplies Credit duplicate pmt sent Lot Book Report: Doyle Lot Book Report: Jennings Aug Constr Admin Svcs: Theater Aug Reimbursable: Theater Aug Reimbursable: Theater Fac sign prgm: Stampers Square Lighting & NV equip: Theater Lighting swivel grid:Theater Lighting & AN equip: Theater 4. Laptop Computers:Fire Prevo Card 1ables:Senior Center Office Supplies: Fire Stn/Prev/Medics Office Supplies: Bldg & Safety Office supplies: Land Devel Office Supplies:TCSDI - ~ - Office Supplies: Planning Office Supplies: Inf Sys Office Supplies:CMlEco Devel Office supplies: Human Resource Office Supplies: Aquatics Office Supplies:RDNLow-Mod Office Supplies: Eco Devel Office Supplies: Finance Office Supplies: Records Mgmt Express Mail SelVice:Fire Prevo Page: 4 Amount Paid Check Total 684.00 684.00 63.64 63.64 271.16 40.42 311.58 45.48 -32.06 13.42 75.00 75.00 150.00 2,978.40 49.48 44.69 3.072.57 4,525.50 4,525.50 1,518.00 499.52 214.00 2,231.52 19.484.61 19,484.61 1,774.98 804.67 677.05 552.79 539.04 461.22 440.55 378.08 337.69 289.98 160.39 63.38 50.98 42.94 6,573.74 84.83 84.83 Page:4 apChkLst 09/15/200S 11 :54:35AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 102087 09/1512005 003792 GRAINGER 102088 09/1512005 008245 GROVE, JEFF 102089 09/15/2005 005311 H20 CERTIFIED POOL WATER 102090 09/1512005 000186 HANKS HARDWARE INC 102091 09/15/2005 002372 HARMON. JUDY 102092 09/1512005 004811 HEWLETT PACKARD 102093 09/1512005 009306 HILLCREST SCHOOL INC. 102094 09/15/2005 001517 HORIZON HEALTH 102095 09/1512005 005313 HUFFER MANUFACTURING INC 102096 09/1512005 008939 INTELLIGENT TECHNOLlGIES & 102097 09/1512005 003266 IRON MOUNTAIN OFFSITE 102098 09/1512005 009297 JEMS Final Check List CITY OF TEMECULA (Continued) Description Truck box for Fire Prev Vehicle Truck box for Fire Prev Vehicle Pw Traiffic Division Furniture Pw Traiffic Division Furniture Pw Traffic Division Furniture Credit: Wrong size truck box Credit: shipped extra Truck box Reimb:Accela Ann'l Conf:8/21-24 CRCfTES Aug pool svcs & supplies Hardware Supplies: Park Sites Hardware Supplies: Pw/Eng Hardware Supplies: Cre Hardware Supplies:Fire Stn841Prev. T.Museum Exhibit Supplies Hardware Supplies: C. Museum Hardware Supplies: Mntc Fac Hardware Supplies: Tcc Hardware Supplies: Aquatics Hardware Supplies: Old Too Hardware Supplies: Bldg & Safety Hardware Supplies: Sr. Center Hardware Supplies: City Hall TCSD instructor earnings SO-HP dsktp computers/30 .monitors Comm. Theater Computer Hardware Refund:TUMF chgd in error:renovation bid Aug Ee Confidential Assist prgm Jul Ee Confidential Assist Prgm Sept EE confidential assist prgm Special event supplies:Frog Flinger UPS & AC mntc contract Records mgmt microfilm storage unit Subscription for Stn 73 medics Page: 5 Amount Paid Check Total 633.04 551.68 425.35 319.01 310.05 .633.04 -633.04 973.05 219.45 219.45 1,809.91 1,809.91 1,718.76 296.85 233.53 182.63 66.23 55.90 52.99 27.85 26.61 20.98 19.84 11.27 9.24 2,722.58 700.81 700.81 44,223.55 11,319.45 55,543.00 21.662.55 21,662.55 774.09 765.63 765.63 2,305.35 553.00 553.00 3,934.06 3,934.06 262.00 262.00 61.97 61.97 PageS apChkLst Final Check List Page: 6 09115/2005 11:54:35AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Chock # Date Vendor Description Amount Paid Check Total 102099 09/15/2005 000203 JOBS AVAILABLE INC Recruitment ads: Planning/Museum 198.00 198.00 102100 09/15/2005 009328 JOHNSTON, RICH Reimb: Electrical Conf:8/23105 252.51 252.51 102101 09/15/2005 004796 JONS FLAGS & POLES US & CA Presentation flag set 459.55 459.55 102102 09/15/2005 009274 JUAREZ, JORGE Refund: Pablito's Spanish 3-4 yrs 195.00 195.00 102103 09/15/2005 003046 KF ROG95.1 FM RADIO Broadcasting Hot Summer Nights 1,732.00 1,732.00 102104 09/15/2005 000820 K R W & ASSOCIATES Engineering Plan Check Review 6,090.00 6,090.00 102105 09/15/2005 001091 KEYSER MARSTON ASSOCIATES Aug affordable housing analysis 7,129.39 7,129.39 102106 09/15/2005 004481 KIMLEY HORN & ASSOCIATES Jul Design Bves: Multi-Purpose Trail 3,790.00 3,790.00 102107 09/15/2005 000945 L P S COMPUTER SERVICE Printer Repair at City Hall 10.00 10.00 102108 09/15/2005 008700 LAKE MANAGEMENT INC Aug wtT quality mntc:Harveston lake prk 4,000.00 4.000.00 102109 09/15/2005 003286 LIBRARY SYSTEMS & SERVICES Aug svcs-Iibrary system agrmnt 13.240.03 Aug Bves-library system agnnnt 1,530.60 14.770.63 102110 09/15/2005 004174 LIGHT IMPRESSIONS T.Museum exhibit supplies 180.27 180.27 102111 09/15/2005 008383 L1M & NASCIMENTO Jul design sves: Margarita undercrossing 16,695.00 16,695.00 102112 09/15/2005 006182 M C M CONSTRUCTION, INC. PRGS PMT #12: R.C. BRIDGE WIDENING 173,180.00 release stop ntc:ContechlR.C.Bridge 121,740.74 Release Sip ntc:CemexlR.C.Bridge 20,796.58 credit repairs required due to project -1,195.44 stop n1c: Steiny & CoIR.C.Bridge -91,365.02 stop n1c:Contech/R.C. Bridge Widening -121,740.74 101,416.12 102113 09/15/2005 004141 MAINTEX INC custodial supplies:Maint Facility 244.97 244.97 102114 09/15/2005 009329 MCENTEE, MICHAEL Refund:Skyhawks - Mini-Hawk 108.00 108.00 102115 09/15/2005 004894 MICHAEL BRANDMAN 6/25.7/29/05 Prof Svc:Pech. Pkwy Ph 2 8,319.69 8.319.69 . - - - -. .--- PageS apChkLst 09/15/200S 11 :54:35AM (Continued) Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 102116 09/15/2005 008091 MILLMORE'S WAX CREW 102117 09/15/2005 001384 MINUTEMAN PRESS 102118 09/15/2005 009266 MIRIKITANI, ALAN Final Check List CITY OF TEMECULA Page: 7 Description Amount Paid Check Total City vehicle detailing svcs: PIN Depts City vehicles detailing svcs: B&S Dept City vehicles detailing svcs: B&S Dept City vehicle detailing svcs: PW Depts City vehicle detailing svcs: PIN CIP Div 125.00 100.00 100.00 100.00 50.00 475.00 3000 correction ntcs printing svc:B&S business cards:S. BranaughlL. 378.74 86.65 465.39 entertainmentMain St Sat. Nights 9/17 1,500.00 1,500.00 102119 09/15/2005 004586 MOORE FENCE COMPANY removennstall fence @ Skate Pal1< 4,334.00 4,334.00 102120 09/15/2005 001214 MORNINGSTAR PRODUCTIONS, equip rentallsvcs:Main St Sat. Night 2,800.00 2,800.00 102121 09/15/2005 007011 MORRIS MEYERS MAINTENANCE Aug maint svcs:park r.r./picnic shelters 5,354.00 5.354.00 102122 09/15/2005 002257 MOST DEPENDABLE FOUNTAINS control valve for equipment @ park sites 102123 09/15/2005 005872 MUNICIPAL INFO SYS ASSN OF 102124 09/15/2005 005333 NATIONAL ASSOC CITIZENS- 102125 09/15/2005 002139 NORTH COUNTY TIMES 102126 09/15/2005 002292 OASIS VENOING 228.00 228.00 M.I.SAC. Cf:T.Thorson:10/16-18105 275.00 275.00 Citizen Patrol Cf:TF/LBlLO/CG 10/01/05 60.00 60.00 Aug Hot Summer Nights ads: RDA Aug recruit ads:PWfTCSD/1SlPlnlB&S Aug public ntcs:PlnlCity Clerk/PIN 1.500.00 1,337.82 702.90 3,540.72 Aug coffeelkitchen supplies: City Hall Sep coffeelkitchen supplies: City Hall Sep coffeelkitchen supplies: Maint Fac Aug coffeelkitchen supplies: Maint Fac 297.12 258.60 77.58 77.58 710.88 102127 09/15/2005 006721 OFFICEMAX. A BOISE COMPANY ergonomic task chair for B&S Dept 102128 09/15/2005 002105 OLD TOWN TIRE & SERVICE 102129 09/15/2005 007959 ONEIL SOFTWARE INC 717.06 717.06 City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs 692.96 248.90 941.86 yearly license agrmnt scanning software 647.50 647.50 102130 09/15/2005 001619 ORANGE COUNTY REGISTER INC 8/21 & 8/24 recruit ads:TCSD/PW/ISJPln 102131 09/15/2005 001171 ORIENTAL TRAOING COMPANY 578.20 578.20 Hallo'Neen Event Supplies: Tcsd recreation supplies for C. Museum 1,387.82 44.95 1,432.77 Page:7 apChkLst Final Check List Page: 8 09/15/2005 11 :54:35AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 102132 09/15/2005 002256 P & 0 CONSULTANTS INC Jun bldg inspection svcs: Henderson 12.733.56 Credit: overbilled w/e 7/1/05 -600.00 12,133.56 102133 09/15/2005 002734 P V P COMMUNICATIONS INC (2) Helmets/Communication Kits: Police 1,404.86 1,404.86 102134 09/15/2005 002099 PASCOE MANAGEMENT LLP Sept restroom lease:Old TO\M1 826.00 826.00 102135 09/15/2005 002331 PEP BOYS INC Misc. parts & supplies for PW Maint 37.70 37.70 102136 09/15/2005 000249 PETTY CASH Petty Cash Reimbursement 356.28 356.28 102137 09/15/2005 000580 PHOTO WORKS OF TEMECULA Aug film/photo developmentpwrrCSD 68.99 68.99 102138 09/15/2005 008916 PORTSMOUTH CONSTRUCTION Aug Citywide Concrete Repairs PVvQ5-03 87,075.90 87,075.90 102139 09/15/2005 000253 POSTMASTER Express Mail & Postal Svcs 38.90 38.90 102140 09/15/2005 002185 POSTMASTER-TEMECULA postage: Sep -Inside Temecula- nwsltr 4,273.92 4,273.92 102141 09/15/2005 002185 POSTMASTER-TEMECULA Postage:Comm Thtr grand opening flyers 3.800.40 3.800.40 102142 09/15/2005 006084 POWER DISTRIBUTORS INC Repair Ballfield Lighting @ R.R.Sprts Pk 3,349.02 3,349.02 102143 09/15/2005 000254 PRESS ENTERPRISE COMPANY Aug recruit ads: PW/IS/TCSD/Pln/B&S 6,112.53 6,112.53 102144 09/15/2005 002880 PRO-CRAFT SASH & SUPPLY Res Imp Prog: Osborne, Laurena 968.00 968.00 102145 09/15/2005 003697 PROJECT DESIGN 7/11-817/05 Dsgn:Murr.CrklOvrlnd Dr Ext. 18,666.69 18,666.69 102146 09/15/2005 005075 PRUDENTIAL OVERALL SUPPLY Aug uniform/fir mVtwl rentals:City 844.40 844.40 102147 09/15/2005 004029 R J M DESIGN GROUP INC May Dsgn Svcs: P.B. Sports Complex 4.225.22 Jul Dsgn Svcs: P.B. Sports Complex 3,910.00 May Acid'l SvclSynthetic Turf:Sprts 3,235.00 Jun Acid'l SvclSynthetic Turf:Sprts Cmplx 2,133.00 13,503.22 102148 09/15/2005 009066 RADAR SHOP INC, THE radar gun maint & repair. Police 48.00 48.00 Page:8 apChkLst Final Check List Page: 9 09/1512005 11 :54:35AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 102149 09/15/2005 002176 RANCHO CALIF BUS PRK ASSN Oct-Dee Business Park Assn dues:Diaz Rd 1,948.77 Oct-Dee Business Park Assn 1,417.29 - -- -- Oct-Dee Business Park Assn 1,169.26 4,535.32 102150 09/15/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 4.066.32 Various Water Meters 645.35 Various Water Meters 69.88 4.781.55 102151 09/15/2005 000947 RANCHO REPROGRAPHICS Dup. Blueprints: Diaz Ad Realignment 543.06 Dup. Blueprints: Barrier Rail Replacemnt 12,41 Dup. Blueprints:Diaz Rd Realignment 6.47 561.94 102152 09/15/2005 003591 RENES COMMERCIAL Citywide Weed Abate/Trashldebris 5,000.00 5,000.00 ...... --- .-..- 102153 09/15/2005 004498 REPUBLIC ELECTRIC install type E loops:R.C.lMargarita 8/25 1.180.00 1,180.00 102154 09/15/2005 000352 RIVERSIDE CO ASSESSOR assessors maps for Redhawk:B&S Oept 207.00 207.00 102155 09/15/2005 000353 RIVERSIDE CO AUDITOR Jul '05 parking citation assessments 1.774.00 1,774.00 102156 09/15/2005 000418 RIVERSIDE CO CLERK & recording fees: Lehman/RDA 27.00 27.00 -------- 102157 09/15/2005 000418 RIVERSIDE CO CLERK & recording fees: Saucedo/ADA 11.00 11.00 -------- 102158 09/15/2005 000418 RIVERSIDE CO CLERK & recording fee: Cilurzo/RDA 11.00 11.00 -- - - ---- 102159 09/15/2005 000418 RIVERSIDE CO CLERK & recording fee: Bula/RDA 11.00 11.00 102160 09/15/2005 001592 RIVERSIDE CO INFO Jut radio rental & maint: Police 2,406.58 2,406.58 102161 09/15/2005 003587 RIZZO CONSTRUCTION INC Vail Ranch monument sign repair 5.520.00 repair oven @ Fire stn 84 496.00 6.016.00 102162 09/15/2005 007830 ROAD BUILDERS INC Aug Prgs #14:Wolf VJy Crk Chnl Pw99.11 ch 319,429.28 319,429.28 102163 09/15/2005 000271 ROBERT BEIN WM FROST & Jul Consult Svcs:I-15/79s Ult. Intrchng 35,187.80 35,187.80 102164 09/15/2005 009333 SAATHOFF, APRIL refund: level 3 swim lessons 40.00 40.00 102165 09/15/2005 005736 SAN BERNARDINO CO SHERIFFS water safety brochures:Paramedics 285.51 285.51 Page:9 apChkLst Final Check list Page: 10 09/15/2005 11 :54:35AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 102166 09/15/2005 008765 SAN DiEGO AEROSPACE senior excursion: 9/20105 105.00 105.00 102167 09/15/2005 000278 SAN DIEGO UNION TRIBUNE 'Aug recruit ads: PW/ISfTCSD/Pln/B&S 2,320.04 2,320.04 102168 09/15/2005 000793 SCANTRON FPC CORPORATION 10101/05-9130/06 scanmrk machine mntc 832.00 832.00 102169 09/15/2005 009330 SCHNEEBERGER,CATHRYN refund:basketball skills 45.00 45.00 102170 09/15/2005 009332 SCHREINER, JENNIFER Refund: Tumble Jungle. Early Tumblers 101.00 101.00 102171 09/15/2005 009211 SIDE STREET PROJECTS (6) 2-hr woodworking workshops:TCSD 1,640.00 1.640.00 102172 09/15/2005 009334 SIGMA ENTERPRISES INC refund:eng deposit 42261 Zevo Drive 995.00 995.00 102173 09/15/2005 000645 SMART & FINAL INC recreation supplies: MPSC 140.99 TCSD special event supplies 65.69 206.68 102174 09/15/2005 006719 SMITH, ANDREW L. Refund:Tiny Tots - Fab 4 & 5's 59.00 59.00 102175 09/15/2005 000537 SO CALIF EDISON Sep 2-01-202-7330 various mtrs 46,796.21 Sep 2-01-202-7603 arterial st tights 17,054.25 Sep 2.02-351-5281 CRC 8.589.03 Aug 2-00-397-5059 various mtrs 5,110.34 Aug 2-05-Z"91-8807 various mtrs 4,767.70 Sep 2-02-351-4813 Harveston Dr 2,913.87 Sep 2-26-887-0789 various mtrs 1,661.99 Sep 2-06-105.0654 various mtrs 1,656.52 Sep 2-10-331-1353 Fire SIn 84 1,477.67 Aug 2-24-151-6582 various mtrs 583.46 Sep 2-27-303-5568 Rancho Calif. 69.47 Aug 2-27-239-8876 Pechanga Pkwy 35.88 90,715.39 102175 09/15/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: RivertonlRedhawk 192.00 pest control svcs: Code Enforcement 84.00 pest control svcs: Sports Park 64.00 pest control svcs: City Hall 56.00 pest control svcs: Sports Park 49.00 pest control svcs: T. Museum 42.00 487.00 102177 09/15/2005 000293 STADIUM PIZZA refreshments:Skater's Challenge 5/21/05 120.62 120.62 102178 09/15/2005 006145 STENO SOLUTIONS Aug transcription srvcs: Police 1.649.12 1,649.12 ----- - Page:10 apChkLst 09115/2005 Final Check List CITY OF TEMECULA 11:54:35AM Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 102179 09/1512005 001546 STRAIGHT LINE GLASS INC Res Imp Prog: Clendinen, Judy 102180 09/15/2005 000305 TARGET BANK BUS CARD SRVCS TCSD Halloween event supplies 102181 09/1512005 006914 TEMECULA COPIERS INC. Aug copier repair/maint: City Facilities 102182 09/15/2005 000168 TEMECULA FLOWER CORRAL Sunshine fundlflowers for M. Giiliss 102183 09/1512005 005412 TEMECULA GARDEN & POWER parts for PW equipment 102184 09/15/2005 000307 TEMEGULA TROPHY COMPANY 4th of July event awards recognition awards:commission dinner recogn. awards for Aquatics staff name tagslstamps:VechtenlBamett Jul '05 Econ. Dev. recognition award 102185 09/1512005 009331 TEMECULA VALLEY AMERICAN Refund: See Deposit CRC snack bar n/s 102186 09/15/2005 007340 TEMECULA VALLEY FIRE EQUIP. fire equip annual maint svcs:PW vehicles Fire Equip Annual Maint Svc:Tcsd Fire Equip Annual Maint Svcs:Grc Fire Equip Annual Maint Svcs:Gity Hall Fire Equip Annual Maint Svcs:Tcsd Parks Fire Equip Annual Maint Svcs:T. Museum Fire Equip Annual Maint Svcs:Maint Fac Fire Equip Annual Maint Svcs:Mpsc Fire Equip Annual Maint Svcs:Tcc Fire Equip Annual Maint Svcs:Code Enf. Fire Equip Annual Maint Svcs:C. fire equip annual maint svcs:B&S Dept. 102187 09/1512005 000306 TEMECULA VALLEY PIPE & plumbing parts for shower @ CRC 102188 09/1512005 004274 TEMECULA VALLEY SECURITY locksmith svcs: MPSG locksmith svcs: GRG/Park sites locksmith svcs: T. Museum locksmith svcs: CRG 102189 09/1512005 000316 THORNHILL. GARY reimb:Sister City event 9/1/05 102190 09/1512005 000668 TIMMY D PRODUCTIONS INC sound techlsvcs: Movies in the Park sound techlsvcs: Summer Concert Series OJ svcs: Band Jam 9/9/05 DJ svcs: Teen Prgm Pool Party 8/20/05 Amount Paid Check Total 205.00 205.00 75.93 75.93 3,412.67 3,412.67 529.82 529.82 40.00 40.00 1,210.67 446.09 85.66 49.67 11.15 1,803.14 200.00 200.00 /" 190.93 120.00 120.00 90.00 75.00 52.SO 52.50 45.00 30.00 22.50 22.50 7.50 828.43 2,062.00 2,062.00 272.08 205.88 160.00 80.00 717.96 61.22 61.22 10,000.00 3,600.00 450.00 450.00 14,SOO.00 Page:ll apChkLst 09/15/2005 11 :54:35AM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 102191 09/15/2005 005460 US BANK Trustee Admin Fees; Tabs 4,850.00 4.850.00 102192 09/15/2005 00n66 UNDERGROUND SERVICE ALERT Sep undrgrnd svcs alert tickets:PW 100.75 100.75 102193 09/15/2005 004981 UNISOURCE SCREENING & 8/16-31/05 bckgrnd screening svcs 323.00 323.00 102194 09/15/2005 006807 VANIR CONSTRUCTION Jul constr mgmt svc:Roripaugh Fire Stn ~~I Constr Mgmt Svcs: Community 28.405.08 13.630.57 42,035.65 102195 09/15/2005 009324 VENTURA. ROBYN Refund:tennis-beglint adult 55.00 55.00 102196 09/15/2005 004261 VERIZON Sep xxx-S072 general usage Aug )()()(-S509 general usage Aug )()()(-1540 O.T. Prk Lol Aug )()()(-1999 general usage Aug )()()(-0049 general usage Aug xxx-6620 general usage 4,659.99 148.30 90.56 33.16 31.23 27.34 4.990.58 102197 09/15/2005 004279 VERIZON CALIFORNIA INC. Aug access-C. Museum phone line Aug access-CRC phone line 651.72 352.78 1,004.50 102198 09/15/2005 000348 ZIGLER, GAIL reimb: Team Pace recognition awards 149.85 149.85 2420057 09/14/2005 009210 L1U, FONG YU Theater:Model D Steinway Piano 59,950.00 59.950.00 Grand tolallor UNION BANK OF CALIFORNIA: 1,556,946.17 Page:12 ITEM 4 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: September 27,2005 SUBJECT: Initiation of the Process to Establish a Tourism Business Improvement District Among Temecula and Wine Country Hotels, Motels, and Bed and Breakfasts to Promote Tourism in the Temecula Valley RECOMMENDATION: That the City Council adopt the following resolutions entitled: 1. Adopt Resolution No. 05-_ entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO ESTABLISH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID), DECLARING ITS INTENTION TO LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH DISTRICT FOR FISCAL YEAR 2006-07, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 2. Adopt Resolution No. 05-_ entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING CONSENT OF THE COUNTY OF RIVERSIDE TO CREATE THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) R:/Agenda ReportsfTourism Business Improvement 9 27 05 BACKGROUND: The 16 lodging businesses within the City and the Wine Country in the County are requesting that the City Council initiate proceedings to establish the Temecula Valley Tourism Business Improvement District ("TVTBID"). It is proposed that the City would assess each lodging business within the TVTBID 2% of its gross revenues each year and the City would be required to use those funds for the limited purpose of marketing and promotion activities designed to increase tourism activity in the City of Temecula and the Wine Country. The estimated first year revenues for the TVTBID are approximately $455,000. The TVTBID would be formed under the "Parking and Business Improvement District Law of 1989." This law requires a public informational session at a City Council meeting and a formal public hearing to hear any protests to the formation of the TVTBID. If protests are received from lodging businesses which will pay 50% or more of the assessments, then the district cannot be formed. The informational meeting is scheduled for November 8, 2005 and the public hearing is scheduled for December 13, 2005. Each year after formation of the district a public hearing with the right of protest will need to be held to confirm the assessments. If the TVTBID is formed, the assessments would be collected by the City and the County, as appropriate. The City may enter into an agreement with the Temecula Valley Convention and Visitor's Bureau to administer the expenditure of the district assessments for the promotion of tourism. The agreement would describe the authorized expenditures and provide for the accounting of expenditures to the City Council. It would also provide for the payment of the City's expenses in administering the district. A discussion draft of the proposed agreement will be presented to the City Council at the public information session at the Council meeting of November 8, 2005 and the approval of the agreement is scheduled for the public hearing on December 13, 2005. While it is proposed that the Temecula Valley Convention and Visitor's Bureau administer the expenditures of the TVTBID, the Council will also need to establish an advisory board for the TVTBID. The role of the advisory board is to prepare an annual report to the City Council (commencing with the second year) regarding, among other things, the expenditure of assessment proceeds. The advisory board may be newly created for this purpose, or the city Council may designate an existing advisory board or commission to serve as the advisory board. Membership in the advisory board may be limited by the City Council to persons paying the TVTBID assessment and could consist of a representative of each lodging business within the district. The documents formally establishing this advisory board will be presented to the Council for discussion at the public informational meeting and for approval at the public hearing. The Council will also need to request the County of Riverside to consent to the formation of the TVTBID in the Wine Country. FISCAL IMPACT: There will be no fiscal impact on the City. If the TVTBID is formed, all costs of fomnation will be paid by the TVTBID assessments. Ongoing costs of administration will be paid for by the TVTBID assessments as well. If the District is not formed, the Chamber of Commerce will cover the costs of formation. ATTACHMENTS: 1. Resolution No. 05-_ , Resolution of Intention for the Formation of the Temecula Valley Tourism Business Improvement District 2. Resolution No. 05-_, Resolution Requesting Consent of Riverside County for Formation of the TVTBID in the Wine Country R:/Agenda ReportsfTourism Business Improvement 9 27 05 2 3. Reports from the Chamber of Commerce and Downtown Resources concerning the proposed TVTBID and letters from all owners of lodging businesses in the proposed TVTBID requesting that it be formed R:/Agenda Reportsrrourism Business Improvement 9 27 05 3 RESOLUTION NO. OS-_ A RESOLUTION OF THE CI:rY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO ESTABLISH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID), DECLARING ITS INTENTION TO LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH DISTRICT FOR FISCAL YEAR 2006-07, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Temecula Valley Convention & Visitors Bureau ("TVCVB") is interested in the City Council of the City of Temecula (the "City Council") establishing the Temecula Valley Tourism Business Improvement District ("TVTBID") and levying an annual assessment on lodging businesses, which include hotels, motels, and bed and breakfasts, within the proposed TVTBID; and WHEREAS, the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq., authorizes cities to establish business improvement areas for the purpose of promoting tourism; and WHEREAS, lodging businesses within the proposed TVTBID have requested the City Council to establish such an improvement area. NOW THEREFORE, the City Council of the City of Temecula does hereby resolve, determine and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The City Council declares its intention to establish the Temecula Valley Tourism Business Improvement District ("TVTBID") and to levy and collect annual assessments against lodging businesses within the TVTBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. (the "Law"), commencing with fiscal year 2006-07 (March 1, 2006 through February 28, 2007). Section 3. The boundaries of the TVTBID shall be the boundaries of the City of Temecula and a portion of the unincorporated area of Riverside County known as Wine Country, as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment. Section 4. The name of the business improvement area shall be the "Temecula Valley Tourism Business Improvement District." Section 5. The City Council hereby declares that the types of improvements and activities to be funded by the levy of assessments against lodging businesses within the TVTBID are tourism promotions and marketing programs to promote the Temecula Valley as a tourism destination and projects, programs, and activities that benefit lodging businesses located and operating within the boundaries of the district. The proposed improvements and activities shall be targeted at increasing transient stays. R:/Resos 2005lResos 05-_ Section 6. Except where funds are otherwise available, an assessment will be levied annually against lodging businesses to pay for the improvements and activities within the TVTBID commencing with fiscal year 2006-07. Assessments will be collected in monthly installments or such other installments as determined by the City Council. The proposed assessment is to be levied on all lodging businesses, which include hotels, motels, and bed and breakfasts, within the TVTBID boundaries based upon 2% of the rent charged by the operator per occupied room per night. Extended stays, defined as more than 30 consecutive calendar days, will be exempt from the levy of assessment. New lodging businesses within the boundaries of the TVTBID will not be exempt from the levy of assessment. Assessments levied pursuant to the TVTBID shall not be included in gross room rental revenue for the purpose of detemnining the amount of the transient occupancy tax. Section 7. The City Council hereby sets November 8, 2005 as the date for a pUblic meeting on the establishment of the TVTBID and the levy of assessments and December 13, 2005 as the date for a public hearing on the establishment of the TVTBID and the levy of assessments. Both the publiC meeting and the public hearing will be held at 7:00 p.m., or as soon thereafter as practicable, in the City of Temecula, City Council Chambers, 43200 Business Park Drive, Temecula, California. Section 8. At the publiC meeting and public hearing the testimony of all interested persons for or against the establishment of the TVTBID, the extent of the TVTBID, or the furnishing of specified types of improvements or activities will be heard. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. To count in the determination of a majority protest against the TVTBID, a protest must be in writing. Written protests must be received by the City Clerk of the City of Temecula before the close of the publiC hearing scheduled herein and may be delivered or mailed to the City Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California, 92590. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested sufficient to identify the business. If the person signing the protest is not shown on the official records of the City of Temecula as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. A written protest which does not comply with this section shall not be counted in detemnining a majority protest. Section 10. If, at the conclusion of the public hearing, written protests are received from the owners of businesses in the proposed TVTBID which will pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protest to les than that 50 percent (i.e., there is a majority protest), no further proceedings to create the TVTBID, as contained in this resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the TVTBID, those types of improvements or activities shall be eliminated. R:/Resos 2005/Resos 05-_ 2 Section 11. Further information regarding the proposed TVTBID may be obtained from the City Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California, 92590. Section 12. The City Clerk is instructed to provide notice of the public meeting and public hearing in accordance with law. Section 13. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED at a meeting of the City Council of the City of Temecula, held on this 27th day of September, 2005 by the following vote: Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 05-_ was duly and regularly adopted by the City Council at a meeting of the City Council on the 27th day of September, 2005, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk R:/Resos 2005/Resos 05-_ 3 RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING CONSENT OF THE COUNTY OF RIVERSIDE TO CREATE THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) WHEREAS, the City Council of the City of Temecula desires to begin the process to form the Temecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1 989, Streets and Highways Code Section 36500 et seq., to fund tourism promotions and marketing programs for the Temecula Valley tourism industry; and WHEREAS, certain lodging business owners have requested that the City Council of the City of Temecula create the TVTBID for purposes of promotion of lodging businesses in the Temecula Valley area; and WHEREAS, a portion of the territory proposed to be included in the TVTBID, known as Wine Country, lies within the boundaries of the County of Riverside (the "County"), as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment; and WHEREAS, the lodging businesses, which include hotels, motels, and Bed & Breakfasts, located within the area of the County which lies within the boundaries of the proposed TVTBID will, in the opinion of the City Council, be benefited by the proposed improvements and actiyities to be carried out, and the purpose sought to be accomplished by the work can best be accomplished by a single comprehensive scheme of work; that: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula Section 1: The above recitals are true and correct. Section 2: Consent of the County, through its Board of Supervisors, is hereby requested to create the TVTBID, and to grant to the City Council of the City of Temecula jurisdiction for all the purposes in connection with creation and operation of the proposed TVTBID. Section 3: The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Clerk of the Board of the County of Riverside. R:/Resos 2005/Resos 05-_ PASSED, APPROVED, AND ADOPTED at a meeting of the City Council of the City of Temecula, held on this 27th day of September, 2005 by the following vote: Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 05-_ was duly and regularly adopted by the City Council at a meeting of the City Council on the 27'h day of September, 2005, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk R:/Resos 2005/Resos 05-_ 2 TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT Submitted to the City of Temecula Septennber19,2005 By TEMECULA VALLEY - - --- Convention and Visitors Bureau Downtown Resources DOWNTow'N RESOURCES Temecula Valley Tourism Business Improvement District TEMECULA VAT.T .EY TOURISM BID IMPROVEMENT DISTRICT TABLE OF CONTENTS INTRODUCTION AND OVERVIEW WHY A TOURISM BID FOR THE TEMECULA VALLEY WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT LODGING BUSINESS OUTREACH AND SUPPORT LODGING LETTERS OF SUPPORT TOURISM BID BOUNDARIES SERVICE PLAN AND BUDGET TOURISM BID ADVISORY BOARD Temecula Valley Tourism Business Improvement District 1 2 3 4 5-17 18 19-20 21 INTRODUCTION AND OVERVIEW Developed by a coalition of lodging business owners in conjunction with the Temecula Valley Convention & Visitors Bureau (TVCVB), the Temecula Valley Tourism Business Improvement District (TVTBID) is a benefit assessment district proposed to improve the tourism activity in the Temecula Valley and Wine Country. The TVTBID will establish various programs to increase the tourism activity in the Temecu]a Valley. This approach has been used successfully in other tourism and commercial districts throughout the country to increase occupancies, and increase sales, promote tourism destinations and increase commercial activity. Location: The approximate boundaries: The proposed TVTBID includes all lodging businesses located within the city limits of the City of Temecula and Wine Country in Riverside County. Services: Marketing and promotions to increase tourism and market the Temecu]a Valley as a tourist destination. Budget: The total TVTBID budget for year one of its operation is a base of approximately $455,000. Cost; Annual assessment rates are based upon 2% of the rent charged by the operator. Extended stays are exempt from the assessment (stays of more than 30 consecutive calendar days). Duration: The proposed District will have a 1 year life. After 1 year, the petition process and City Council hearing process must be repeated for the District to be reestablished. Temecula Valley Tourism Business Improvement District WHY A TOURISM BID FOR THE TEMECULA VALLEY? The Temecu]a Valley Chamber of Commerce has been fortunate to receive uninterrupted funding from the city of Temecula for a number of years to support tourism marketing. However, with increased pressure on local cities from the state and other groups, available resources are dwindling. Additionally, the Temecula Valley Chamber of Commerce and the Temecu]a Valley Convention & Visitors Bureau funding has always been supplied from each city's General Fund (not T.OT. money), which is the same finite pool of funds the cities use to hire additional firefighters, police officers and the like. The City currently spends over $800,000 in economic develop dollars and can not assure the Temecula Valley Convention & Visitors Bureau the same level of funding. The Temecula Valley Convention & Visitors Bureau needs to seek alternative funding source to supports our marketing goals to increase weekday business for our partners. The need to be more self-sufficient in tourism promotion For reasons stated above, the Ternecu]a Valley Convention & Visitors Bureau needs to become more self-reliant when it comes to tourism promotion. In order to continue as a strong organization, the Temecu]a Valley Convention & Visitors Bureau needs a stable source of funding directly tied to tourism. Forming a Temecu]a Valley Convention & Visitors Bureau Tourism BID would provide the Temecula Valley Convention & Visitors Bureau a large, more stable budget base and allow the organization to redirect time previously spent on City budget request preparation to marketing and promotional activities. This will in turn help create greater lodging occupancy, and therefore, increase potential assessment dollars. Need to improve and build upon existing tourism promotion With the formation of a Temecula Valley Tourism BID the Temecu]a Valley Convention & Visitors Bureau could increase its resources to help build upon our existing tourism promotional efforts. The projected annual assessment would provide the funds necessary to augment the Temecula Valley Convention & Visitors Bureau's sales staff and marketing efforts, both designed to increase business opportunities for Temecula Valley lodging properties. Opportunity to continue public/private partnership The formation of a Temecula Valley Tourism BID would allow the Temecula Valley Convention & Visitors Bureau to continue its successful public/private partnership between its dues-paying members, assessed lodging businesses, and city. This new funding model would provide many benefits to the Temecula Valley and the Convention and Visitors Bureau business partners, while addressing specific needs of weekday business for the city, through an increase in business of group and leisure markets making it a win-win proposal for all. Temecula Valley Tourism Business Improvement District Temecula Valley Tourism Business Improvement District WHAT ISA TOURISM BUSINESS IMPROVEMENT DISTRICT Tourism Business Improvement Districts (BIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. Tourism BIDs allow hotel and tourism-related business owners to organize their efforts to increase tourism. Tourism-related business owners within the district fund a BID and those funds are used to provide services that the businesses desire. Temecula Valley Convention & Visitors Bureau The Mission of the Temecula Valley Convention & Visitors Bureau is to stimulate economic growth and tourism in our region by developing, expanding, and marketing our destination to conventions, meetings and leisure travel markets and drive week day traffic. History of the Temecula Valley Convention & Visitors Bureau The Temecula Valley Convention & Visitors Bureau was originally created as the result of a growing Tourism Committee within the Temecula Valley Chamber of Commerce. The Tourism Committee was established in 1991. Initially, the CVB operated under the umbrella of the Chamber and in 2004 the Temecu]a Valley Convention & Visitors Bureau incorporated as an independent, non-profit corporation. Currently the Temecula Valley Convention & Visitors Bureau has over 160 active business members and 10 advisory board members. These board members represent tourism businesses in the Temecula Valley. Temecula Valley Tourism Business Improvement District Lodging Businesses Outreach Meetings Beginning, May 23,2005, the Temecula Valley Convention & Visitors Bureau has invited and welcomed all lodging businesses within the boundaries of the proposed Tourism Business Improvement District to meet and discuss the formation of a Temecula Valley Tourism Business Improvement District. To date, the Temecula Valley Convention & Visitors Bureau has met with 14 of the 16 lodging properties. These meetings were attended by a variety of personnel, from General Managers to business Owners. In each case, the purpose was two-fold: to allow the Temecula Valley Convention & Visitors Bureau to share its ideas and information surrounding the possibility of establishing a tourism BID, and provide each lodging business a chance to ask questions, give feedback, and provide input reg:u-ding benefits they'd like to see specific to their lodging property. Overall, the meetings, which averaged an hour in length, gauged the support level of the lodging establishments for the tourism BID as very high. In fact, 98% of those meetings yielded a "Supportive" or "Leaning towards Supportive" ranking. Given these encouraging numbers, the Temecula Valley Convention & Visitors Bureau has taken steps to formalize a Tourism Business Improvement District. 'Ibe Temecula Valley Convention & Visitors Bureau has collected signed letters from the lodging businesses in support of this district which strengthen the affirmation proposed District to be completed by the end of calendar year 2005. Lodging business supporter; City of Temecula Temecula Creek Inn Embassy Suites Extended Stay America Hampton Inn & Suites Holiday Inn Express Best Western Country Inn Rodeway Inn Comfort Inn Temecula Ranch California Inn Ramada Inn Motel 6 Palomar Hotel Wine Country- South Coast Winery Resort& Spa Temecula Valley Tourism Business Improvement District Fiscal Year 2006-2007 Service Plan Budget Summary The summary of the fiscal year 2006-2007 service plan budget for the Temecula Valley Tourism BID is provided on the following pages. The total improvement and service plan budget for 2006-2007 is projected at approximately $455,000. Lodging business owners will contribute thc entire amount through annual assessments. Expenditures will be made in the following program areas: Marketing-Promotions The budget for the Marketing-Promotions is $364,000 or 80% of the total District budget. Administration The budget for administration including labor, office rent, insurance, utilities, supplics, and advocacy is $68,000 or 15% of the budget. Contingency/ TBID Renewal The budget for fees, legal and TID renewal $23,000 or 5% of the budget. A service plan budget has been developed in conjunction with lodging business stakeholders to deliver scrvice levels throughout the District. An annual service plan and budgct will be developed and approved by thc District. Please see the budget exhibit on the following page. The budget also includes a portion for contingencies and renewal of the District. Should the Tcmecula Valley TEID Board approve, funds may be appropriated for the renewal effort. If there arc funds remaining at the cnd of the District term and owners choose to renew again, these remaining funds could be transferred to the renewed District. Temecula Valley Tourism Business Improvement District The Budget Jor the Service Plan is as illustrated: Temecula Valley Tourism BID Annual Budget, Year One-draft Services Provided Dcscdptiol1S Total MARKETING- PROMOTIONS Leisure Markets and Group Markets, Advertising, Brand Management, Website, On-line, Research and .l\.feasurements Programs $364,000 ADMINISTRATION Labor, Rent, Operations $68,000 Fees/Contingency/ TBID Renewal $23,000 Total $455,000 Temecula Valley Tourism Business Improvement District Temecula Valley Tourism Business Improvement District TEMECULA VALLEY TOUR][SM BUSINESS iMPROVEMENT DiSTRiCT Submitted to the City of Temecula Septernber19,200S By TEMECULA VALLEY --..... - Convention and Visitors Bureau Downtown Resources DO.WNToWN RESOURCES Temecula Valley Tourism Business Improvement District INTRODUCTION AND OVERVIEW Developed by a coalition of lodging business owners In conjunction with the Temecula Valley Convention & Visitors Bureau (TVCVB), the Temecula Valley Tourism Business Improvement District (TVTBlD) is a benefit assessment clistrict proposed to improve the tourism activity in the Temecula Valley and Wine Country. The TVTBlD will establish various programs to increase the tourism activity in the Temecula Valley. This approach has been used successfully in other tourism and commercial clistricts throughout the country to Increase occupanCIes, and increase sales, promote tourism destinations and increase commercial activity. Location: The approximate boundaries: The proposed TVTBlD includes all lodging businesses located within the city limits of the City of Temecula and Wine Country in Riverside County. Services: Marketing and promotions to increase tourism and market the Temecula Valley as a tourist destination. Budget: The total TVTBlD budget for year one of its operation is a base of approximately $455,000. Cost; Annual assessment rates are based upon 2% of the rent charged by the operator. Extended stays are exempt from the assessment (stays of more than 30 consecutive calendar days). Duration: The proposed District will have a 1 year life. After 1 year, the petition process and City Council hearing process must be repeated for the District to be reestablished. Temecula Valley Tourism Business Improvement District 1 WHY A TOURISM BID FOR THE TEMECULA VALLEY? The Temecula Valley Chamber of Commerce has been fortunate to receive uninterrupted funding from the city ofTemecula for a number of years to support tourism marketing. However, with increased pressure on local cities from the state and other groups, available resources are dwindling. Additionally, the Temecula Valley Chamber of Commerce and the Temecula Valley Convention & Visitors Bureau funding has always been supplied from each city's Genera] Fund (not T.OT. money), which is the same finite pool of funds the cities use to hire additional firefighters, police officers and the like. The City currently spends over $800,000 in economic develop dollars and can not assure the Temecula Valley Convention & Visitors Bureau the same level of funding. The Temecula Valley Convention & Visitors Bureau needs to seek alternative funding source to supports our marketing goals to increase weekday business for our partners. The need to be more self-suflicient in tourism promotion For reasons stated above, the Temecula Valley Convention & Visitors Bureau needs to become more self~reliant when it comes to tourism promotion. In order to continue as a strong organization, the Temecula Valley Convention & Visitors Bureau needs a stable Source of funding directly tied to tourism. Forming a Temecula Valley Convention & Visitors Bureau Tourism BID would provide the Temecula Valley Convention & Visitors Bureau a large, more stable budget base and allow the organization to redirect time previously spent on City budget request preparation to marketing and promotional activities. This will in turn help create greater lodging occupancy, and therefore, increase potential assessment dollars. Need to improve and build upon existing tourism promotion With the formation of a Temecula Valley Tourism BID the Temecu]a Valley Convention & Visitors Bureau could increase its resources to help build upon our existing tourism promotional efforts. The projected annual assessment would provide the funds necessary to augment the Temecula Valley Convention & Visitors Bureau's sales staff and marketing efforts, both designed to increase business opportunities for Temecula Valley lodging properties. Opportunity to continue public/private partnership The formation of a Temecula Valley Tourism BID would allow the Temecula Valley Convention & Visitors Bureau to continue its successful public/private partnership between its dues~paying members, assessed lodging businesses, and city. This new funding model would provide many benefits to the Temecula Valley and the Convention and Visitors Bureau business partners, while addressing specific needs of weekday business for the city, through an increase in business of group and leisure markets making it a win~win proposal for all. Temecula Valley Tourism Business Improvement District 2 WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT Tourism Business Improvement Districts (BIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. Tourism BIDs allow hotel and tourism-related business owners to organize their efforts to increase tourism. Tourism-related business owners within the district fund a BID and those funds are used to provide services that the businesses desire. TemecuJa VaDey Convendon & Visitors Bureau The Mission of the Temecula Valley Convention & Visitors Bureau is to stimulate economic growth and tourism in our region by developing, expanding, and marketing our destination to conventions, meetings and leisure travel markets and drive week day traffic. History of the TemecuJa VaDeyConvendon & Visitors Bureau The Temecula Valley Convention & Visitors Bureau was originally created as the result of a growing Tourism Committee within the Temecula Valley Chamber of Commerce. The Tourism Committee was established in 1991. Initially, the CVB operated under the umbrella of the Chamber and in 2004 the Temecula Valley Convention & Visitors Bureau incorporated as an independent, non-profit corporation. Currently the Temecula Valley Convention & Visitors Bureau has over 160 active business members and 10 advisory board members. These board members represent tourism businesses in the Temecula Valley. Temecula Valley Tourism Business Improvement District 3 Lodging Businesses Outreach Meetings Beginning, May 23, 2005, the Temecula Valley Convention & Visitors Bureau has invited and welcomed all lodging businesses within the boundaries of the proposed Tourism Business Improvement District to meet and discuss the formation of a Temecula Valley Tourism Business Improvement District. To date, the Temecula Valley Convention & Visitors Bureau has met with 14 of the 16 lodging properties. These meetings were attended by a variety of personnel, from General Managers to business Owners. In each case, the purpose was two-fold: to allow the Temecula Valley Convention & Visitors Bureau to share its ideas and information surrounding the possibility of establishing a tourism BID, and provide each lodging business a chance to ask questions, give feedback, and provide input regarding benefits they'd like to see specific to their lodging property. Overall, the meetings, which averaged an hour in length, gauged the support level of the lodging establishments for the tourism BID as very high. In fact, 98% of those meetings yielded a "Supportive" or "Leaning towards Supportive" ranking. Given these encouraging numbers, the Temecula Valley Convention & Visitors Bureau has taken steps to formalize a Tourism Business Improvement District. The Temecula Valley Convention & Visitors Bureau has collected signed letters from the lodging businesses in support of this district which strengthen the affirmation proposed District to be completed by the end of calendar year 2005. Lodging business supporter: City ofTemecula Temecula Creek Inn Embassy Suites Extended Stay America Hampton Inn & Suites Holiday Inn Express Best Western Country Inn Rodeway Inn Comfort Inn Temecula Ranch California Inn Ramada Inn Motel 6 Palomar Hotel Wine Country- South Coast Winery Resort& Spa Temecula Valley Tourism Business Improvement District 4 TEMECULA CREEK INN September 14,2005 The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tern Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City ofTemecu]a to begin the process to fonn the Temecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. to fund tourism promotions and marketing programs for the Temecula Valley tourism industry. We support in concept a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketing and promotions to increase tourism and market the Temecula Valley area as a tourist and meeting destination. Sincerely, i\;L---- Doug Leiber General Manager DUpc -+4501 ItU.'\ll0\\- (.\:\)u:-': Rv_\D TE.\lECuU, C\Llh)\{.'\L\ 92592 951.694.1000 F.-\\ 951.676.8961 \\WW.TDIECliL.\CRHKI:--;:'\.CtJ\l 5 TEMECULA VALLEY --...... --- Convention and Visitors Bureau "L-\"I!ilJ't' You H'ant To Be. . Temcculn Vnllc~( The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tern, Ron Roberts And Temecula City Council Members 43200 Business Park Drive PO Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Ternecula to begin the process to forrn the Temecula Valley Tourism Business Improvernent District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. to fund tourisrn promotions and marketing programs for the Temecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketinq and promotions to increase tourism and rnarket the Ternecula Vallev area as a tourist and meetinq destination. Please find below the signature of our support: ~~101~ Na e Embassy Suites Hotel Business Narne ~JNlcwRcr~ Title 0, ) It! 0 0- I I Date 26790 Ynu Coull. Tcmtcul3. C\ 92591 . i95 I) 676-5090. Fa, i951) 694-020 I . "wlr.Temecul3cvb.com TEMECULA VALLEY ---- --- Convention and Visitors Bureau "\,Yhae )Olllvimt To Be... Tcmecliln l/nlley" The Honorable Jeff Cornerchero Mayor, City of Temecula And Mayor Pro Tem, Ron Roberts And Temecula City Council Mernbers 43200 Business Park Drive P.O Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tern Roberts and City Council Mernbers: As a lodging partner of the City of Ternecula, we support the Ternecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Temecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Irnprovernent Area Law of 1989, Streets and Highways Code Section 36500 et seQ. to fund tourisrn promotions and marketing programs for the Temecula Valley tourism industry. We support a 2% assessrnent fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on rnarketina and promotions to increase tourism and market the Temecula Valley area as a tourist and meetina destination. Please find below t~~ture of our support: ~ACkI]~~ .jeneraJ) Jia/la'J'F ame ~ q //4/os I ' Extended Stay America Business Narne Date 26790 Yllez COLIn. Tell1ecula, CA 92591 . (951) 676-5090. F3.\ (951) 694-020 I . \\lV\v.Temeculacvb.coi11 TEMECULA VALLEY ---- --- Convention and Visitors Bureau "~'Vh::rt' lOll h7t1nz To Be'd TCJ/lt?cula Vnlley" The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tem, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tern Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Ternecula Valley Tourism Business Improvernent District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seQ. to fund tourisrn promotions and marketing prograrns for the Temecula Valley tourisrn industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketinq and prornotions to increase tourisrn and market the Temecula Valley area as a tourist and rneetinQ destination. ~Iease find below the sirnature of our support: : ~.,. ,,,-0 '0, ~~(:, - Lew,,\ i- I.A-.\.....v ~\... ,X~ jJ-l'Vl-cvt0 ,r/~'V) Name - ~N2ru9 f\6"'4-r.- Title Hampton Inn & Suites Business Name c;-I,-{-OS- Date 26790 'y'nez Coun . Temc::cula, C-\ 9259 j . (95 I) 676-5090 . Fa,\ (95 J) 694-020 J . n,:tvtv.Temeculao'b.com TEMECULA VALLEY ---..... ---- Convention and Visitors Bureau "lYhere Yt:!l \'\lwf To Be...Tel1lecllla Valley" The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tern, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 Ternecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Ternecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et sea. to fund tourism promotions and rnarketing programs for the Temecula Valley tourism industry. We support a 2% assessrnent fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketina and promotions to increase tourism and market the Temecula Valley area as a tourist and meetina destination. Please find below thls nature of our support: ,;I - . ",;/ J / _ / 1/ /:, ,-,v} _~ /. _ , .-- v f,.. t?-''r;~.... rL."'4-l f f VJ /'-/,'1 t...:''t,li.. Title Name Holidav Inn Express Business Narne (; - j 'I-c) .S" Date Z6790YnCLCOllrlo1efllccula.C\9Z591 . /951)676-5090. Fa,\/95IJ69+0cOI . \V\V\V.Ttfllteu/acvb.cofll TEMECULA VALLEY --- ---- Convention and Visitors Bureau "~Yfz.:rc }'ou vVaili To Be ..T::i1!eculn VaUilY" The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tem, Ron Roberts And Temecula City Council Members 43200 Business Park Drive PO Box 9033 Ternecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tern Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Temecula Valley Tourisrn Business Improvement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. to fund tourisrn prornotions and marketing prograrns for the Temecula Valley tourisrn industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketinq and promotions to increase tourisrn and market the Temecula Valley area as a tourist and rneetinq destination. Please find below the signature of our support: JACK 8-~ Narne Ml+fJ~,,-- Title " Best Western Country Inn Business Narne (- rb-VS:-- Date 26790YnezCourl' TcmcculJ. C\ 92591 . 1951) 676-5090' FaA 1951) 69-!-0201 . mn\'.Temcculacvb.com TEMECULA VALLEY ---- -- Convention and Visitors Bureau "h'ht'ft" You l,i\'ont To Br.?..Tel11ecula Valley" The Honorable Jeff Cornerchero Mayor, City of Temecula And Mayor Pro Tern, Ron Roberts And Temecula City Council Members 43200 Business Park Drive PO. Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Ternecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Temecula Valley Tourism Business Irnprovement District ("TVTBID") pursuant to the Parking and Business Irnprovement Area Law of 1989, Streets and Highways Code Section 36500 et seq. to fund tourism promotions and marketing programs for the Temecula Valley tourisrn industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketina and promotions to increase tourism and rnarket the Temecula Vallev area as a tourist and meetinq destination. --1 fiod b,low th, "go,t,,, of ""' ,"pport " .~~.~ v, _____ 'ame .. M . ;".- ,0.0/ \ . ~'Y'-'~/~"j L L~"'-"~ .J Title ' Rodewav Inn Business Name , "'" '1 I i I i,f .JL'::.. Date 26790 Ynez COWL. Telllecula. CA 92591 . (95 I) 676-5090. Fa.\ (95 I) 69+020 I . \\1\\LTemtcuI3cvb.com FROM :Holiday InnExpress Goodyear FAX NO. :6235350950 15 2005 06:24PM ~2 I i I I i I ! I I I I Sep. TEMECULA VALLEY --....... ----- Convention and Visitors Bureau "Whp.re YrJll Waut '}() He.. ' Tcrnccula Vlilley" The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tem, Ron Roberts And Temecula City Council Members 43200 Business Park Driye P.O. Box 9033 T emecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members: As a lodging partner of the City of T emecula, we support the T emecula Valley Conyention and Visitors Bureau and the City of T emecula to begin the process to forrn the Temecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Improyement Area Law of 1989, Streets and Highways Code Section 36500 et seQ, to fund tourism promotions and marketing programs for the Ternecula Valley tourism industry. i i I We support a 2% assessment fee that shall be added to our guest folios, as I detailed by the TVTBID. The funds raised shall be spent within the boundaries of i the TVTBID on marketinQ and promotions to increase tourisrn and market the I Temecula Valley area as a tourist and meetina destination. i Please find below the signature of our support: ,-J'YDf} .$6; rtf)/,./ 11 MnRfi- I i I I I ! i I I I \ I 2(;790 Yncz COllrt . Temecu/;I. CA 9259/ . (951) 676-')U90 . Fox (95 i) 691-020 I . www.Temecubcvb.com I 12 ' Name Title Comfort Inn Temecula Business Name q. /4' Or., Date TEMECULA VALLEY ---- --- Convention and Visitors Bureau "VVhar? 1011 vVa!lf To Be. ,Tel1ieClila Val!t?y" The Honorable Jeff Comerchero Mayor, City of Ternecula And Mayor Pro Tern, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 Ternecula, CA 92589-9033 Dear Mayor Cornerchero, Mayor Pro Tem Roberts and City Council Mernbers: As a lodging partner of the City of Temecula, we support the Ternecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to forrn the Ternecula Valley Tourism Business Improyement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. to fund tourism promotions and marketing programs for the Ternecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on rnarketinq and promotions to increase tourism and market the Temecula Valley area as a tourist and rneetinq destination. Please find below the signature of our support: I3ILC1. r h' Name ~ p q ~..e.-{ fcij /Yl c, Yt"'~ r Title Rancho California Inn Business Narne 'f 1,5- - 02..ooT Date 26790 Yntz Cowl' TemecuiJ, C\ 9259 i . (951) 676-5090' Fa.\ (951) 69-1-0201 . \\\\\\.TernecuJac\'b.com 13 TEMECULA VALLEY --..... --- Convention and Visitors Bureau <'t-\.hfl'i: You 'YVm!t;o Be... Ti:lI1ecula Valley" The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tem, Ron Roberts And Ternecula City Council Members 43200 Business Park Drive POBox 9033 Ternecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Temecula Valley Tourisrn Business Irnprovernent District ("TVTBID") pursuant to the Parking and Business Improvernent Area Law of 1989, Streets and Highways Code Section 36500 et seq. to fund tourism promotions and marketing prograrns for the Temecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketina and promotions to increase tourism and market the Temecula Vallev area as a tourist and meetina destination. Please find below the signature of our support: /vjlk~ Narne ( L-A j) .~ /"111 I bCt O(IIN[7<< Title Ramada Inn Business Name ()q-/5- 00)- Date 26790 Ynez COllrl . TemeclIiJ. CA 9259 i . 1951 j 676-5090 . Fa.\ 195 i) 69-1-020 J . \\W\v.TelllecuI3cvb.coll1 TEMECULA VALLEY --- --- Convention and Vlsitors Bureau "l,Yhc}'fl You I.Vant To Be ..Ti?ll1ccllin Valley" The Honorable Jeff Cornerchero Mayor, City of Temecula And Mayor Pro Tem, Ron Roberts And Ternecula City Council Members 43200 Business Park Drive P.O Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members: As a lodging partner of the City of Ternecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Ternecula to begin the process to form the Temecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. to fund tourism promotions and marketing programs for the Temecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketinq and promotions to increase tourisrn and rnarket the Temecula Vallev area as a tourist and meetina destination. DC? /0. L) ~ /)(;Jsk Clc.(-;' (' k . Title Motel 6 Business Name ()q. I to. DC:; Date 26790 YneL. Coun . TcmccuiJ. c.-\ n59 i . (95 I) 676-5090 . FaA (95 I) 69-1-020 I . \V\m.Tellltculacvbcolll 15 TEMECULA VALLEY ---.... ---- Convention and Visitors Bureau "\.Vhc'rt: ~'(m l.\'allr To Be... Teml?cula Valley" The Honorable Jeff Comerchero Mayor, City of Ternecula And Mayor Pro Tern, Ron Roberts And Ternecula City Council Members 43200 Business Park Drive P.O Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tern Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Temecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. to fund tourisrn promotions and rnarketing prograrns for the Ternecula Valley tourism industry. We support a 2% assessrnent fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketina and promotions to increase tourisrn and market the Temecula Valley area as a tourist and meetina destination. Please find below the signature of our support: Palomar Hotel Business Name I . ~ ..1 + t1JQS \ 0.jQ,J\ . Title' q.- (S~c):; Dat'e .;: '\ -~,," .! ' \--) J. '.' f,r, __ .", " " I ;' (t tel IX. '.' Iv i'''"-,, 'X ., , . Narne 26790 Yna COllrl . Temecuio. C\ 92591 . 1951) 676-5090 . Fax 1951) 69+020 I . m\l\.Temecubcvb.coll1 16 TEMECULA VALLEY --- --..... Convention and Visitors Bureau "H7/1cre 1011 \Vm;r To Be.._Temecula 'Valley" The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tem, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O Box 9033 Temecula, CA 92589-9033 Supervisor Jeff Stone Riverside County Supervisor Third District 4080 Lemon Street 5th FL Riverside, CA 92501 Dear Mayor Comerchero, Mayor Pro Tern Roberts and City Council Members and County Supervisor Jeff Stone: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Temecula Valley Tourisrn Business Improvement District ("TVTBID") pursuant to the Parking and Business Irnprovement Area Law of 1989, Streets and Highways Code Section 36500 et seq. to fund tourisrn promotions and rnarketing programs for the Temecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on rnarketinq and promotions to increase tourism and rnarket the Temecula Vallev area as a tourist and meetinq destination. d b low the signature of our support: J7JJ1lf ~/trzl____ /1<tlf Title South Coast Winery Resort & Spa Business Name () 7-/6-05 Date 26790 Ynez(ourl0 Tel1lceul3. ("\925910 (951)676-5090 0 Fa,\ (95 I) 69.J-0201 0 \\W\v.Tel1ltculaevbcol1l ----' -......~ -\\-'" \ ' \\ I' \ \\-.-. \ .. \ \ / \ ~J \ ,_/ \ //\ ~ ,/ /, \ \. "- ~ \ \. .,~-,",-,~ "-- .' ~ !~ ~l <. . ',,- t '''', ~: <0 , -. , ," , .ll; " . \./ \, . , ---...., ..... ~. '~'t7-- ,y ,;i :! ~-'--- \' \ .~, -+-... -- , ~. 1 \ , " , \ \ . " ~ \ ~:\ II; ~ \ I " ,; ~ ~ '\ ,~,r--J ~~l ,'1 ~ \ ~1 / \, 'I, _\ ~j i \. Y\-~-'- \ , \ \ \ -...;y----~,=',~. ) /' \ \. / \ ------\ \ \~ '\/"~'~hJ \ \/., / ~ \ I .------"'\ '\ \ I-~ \. \ .----\- /'. \ - ~---~ \ /' \\ "\;- \ \~\i ) -<y/ II \ ~. \ ~ / \..// \ ';. \ '--C?.J' \ "c I \ ',,>, \', \.......-- \ . -\,""'\ '\ \, y,\ \..... \/' " \ .~ . /' \, ~ ___~ il // \. 'I' 51" ; ~- !/ / ~\ / ,r -l-"f---- ~~ \ s,a . !' , / y " t .\ '-..... " \ \ '... ~ '. \ \ \, \- \~ ~~ ! \ L---<'---\ " ~\ . \ .. \ / ) f J / .) J ",,", I \~ r i i / ':) " ." , / \ \ , \ \ ,/ v/ ~% , , '" r;\1 ~/ I\. ) '> \\ .. \._;~: \ " \~ i; f "- '" ) .)/ ....~"j A.' " ,(' \ \ \. ,/ ./ \ I I i\ --- +- . I ~ (/..............., -----1~---- ~ ""'".'y ,. ^'v ~ ::: ~~ ~ t3 ~ ~ ~ ~ ~~ , ~~ ~. r;.; ~ '..... ~ \ t"\\ ........ '.... r~ \~ '-J ~. \. \ \ \\ \ / , . ! I . ! "II i:h i W'!' . ".~~ - Uf~d I!ill; l.') l~f~~U <::>ml": ~ "t';'11 '''l h ~hJ! ~, ".h .Q ;u:!~" ..... ..1,'€j" ~ ~Ht.!l ~ ifl!ii !;dll d~... '''i'' 'dl ! ~ f I! ; ~! ~~'}",1. 1:" 1 i \.._--.J L \" , \ / / . " Ii ria z _ '" " ( '" ". / " '-. / // / <., '- '''', // . > ~ o o . o o Fiscal Year 2006-2007 Service Plan Budget Summmy The summary of the fiscal year 2006-2007 service plan budget for the Temecula Valley Tourism BID is provided on the following pages. The total improvement and service plan budget for 2006-2007 is projected at approximately $455,000. Lodging business owners will contribute the entire amount through annual assessments. Expenditures will be made in the following program areas: Marketing-Promotions The budget for the Marketing-Promotions is $364,000 or 80% of the total District budget. Administration The budget for administration including labor, office rent, insurance, utilities, supplies, and advocacy is $68,000 or 15% of the budget. Contingency/ TBID Renewal The budget for fees, legal and TID renewal $23,000 or 5% of the budget. A service plan budget has been developed in conjunction ",-jth lodging business stakeholders to deliver service levels throughout the District. An annual service plan and budget will be developed and approved by the District. Please see the budget exhibit on the following page. The budget also includes a portion for contingencies and renewal of the District. Should the Temecula Valley TBID Board approve, funds may be appropriated for the renewal effort. If there are funds remaining at the end of the District term and owners choose to renew again, these remaining funds could be transferred to the renewed District. Temecula Valley Tourism Business Improvement District 19 The Budget jor the Jen'i,~ Plan is aJ illustrated' Temecula Valley Tourism BID Annual Budget, Year One-draft ~- - Services Provided Descriptions Total ~KETING~ ~RbMOTIbNS,' " Leisute ~,trketsan'd G;91lpMarkets,;'\:4ve,rosing, Br"hd Manailement; Webstre,-On'l!ne,,:Researc!:> and ;. ~lias~~e~t~~.~ro~s' ,", ':'.;:._ ' " '. $364,000 '-"-. AQMINISTRATION'. ' ; Labor, Retif,Operations,'. '. --,~ .,', -r . ,.' . ~'e.' "'j- ~. . $68,000 ;.' "-, Fe~~/<;:~nring~tlcy /. T]jID Jlen~w~ll' .. ',' ~ $23,000 "';_.' : . -' ". " _..~. Total $455,000 Temecula Valley Tourism Business Improvement District 20 o .., 0> 1:i g. S' " "-< ::;::0 S' 5 " ~ (')" o ::: " _. ;:l if q .., -< r:n ::; " - - (p I-- ~ <;;' o to ;:l (')- g ~ ~'" ::;::g S' " .., -< r:n o " - ::; (') o 0> ~"-< ::;:: -. _. a ;:l (') !:\ 0> -< ::4- ;;o!:\ " '" o ::4- Re r:n 1:i 0> - ::r: 0> a r 1:i 0> - " o .., ;:l -. " So ;:l _. Rea o r:n" s.o.. - " '" 1;0 - 1;00 o r 0> 0 .., 0.. 0..(JQ $: S' "(JQ a 'Tl cr-o> " () .., -< o .., 0> 1:i " ~$: ~ ...... (t) ~ ::::0 o _ _ " 0..0 'OVJ -< c.. ('tl ....... ",' '< to '< > g:'!--- e:.. $: 0.." -0> "'" ;:l g S <:;;!;. :=t ...... S; S' >0% ~(JQ 0.. '" <: " " - " .., " I-- - t'rl S g";;o '" 0> '" () -< ::; r:ng. 5.1;0 roS" '" ~ ::c" o - g. I-- to to5 o r 0> 0 .., 0.. 0..(JQ $: S' "(JQ a 'Tl cr-o> " () .., -. - '< I-- "tl .., " ~ a " ~' = ..,'< $:0 0> 0> .., " ~ _. " " - - -' '" ;:l 10 21 - -1 " ~ 0 () 0 " " ;;;-(JQ (')r '""t ~. " cr- " " ~.., S ;:l - to 1;05 o r 0> 0 .., 0.. 0..(JQ $: S' "(JQ a 'Tl cr-o> " () .., - '< f-- "tl " () ::; ~ 0 10 " ~ 2. ;;0'" " 'Tl b ~ ::4-(JQ Re5i o (');:l 0> '" S' o -1 g (') o ;:l - ::l cr- " - g -~ o r o 0.. 1!3 ~ 'Tl 0> ~ - ;:; '" > ;:l o..N -10-1 00" " 0\ ::l. I a '" " a N () oS too", ""< ~. OJ ~ ;:l 0 _ ~ ~ (D '" 0.. '< -0(') a ...., 0 '1:i 0" (3 -.< <: .., " ("0 ~ g 3 0 O' g ~ :=t .- 0 ~ 0..,0.. -'(JQ ~~< ""1 :=t _. -'....... r.n () N _. - 0> - > ::to S; 0..0'" <: " to en' e:... $:: o n ~ ~ =r ~ 1;0 0> " o ::4- 0> .., 0.. ;;0 o - 0> - ~ to 5 f-b 0.. Is ~ 'Tl 0> :] - - ;:; '" -1 o " .., ;;; a - " 0.. 1--5i ';1 to " '" S " '" '" " '" ITEM 5 CITY OF TEMECULA AGENDA REPORT APPROVAL a_ CITY ATTORNEY DIRECTOR OF FINAN~Ep/1 CITY MANAGER ~ V TO: FROM: City Manager/City Council ~jwilliam G. Hughes, Director of Public WorkslCity Engineer DATE: September 27,2005 SUBJECT: Completion and Acceptance of Construction Contract Citywide Concrete Repairs FY2004-2005 Project Number PW05-03 PREPARED BY: Greg Butler, Principal Engineer William Becerra, Assistant Engineer RECOMMENDATION: That the City Council: 1. Accept the project, Citywide Concrete Repairs FY2004-2005, Project Number PW05-03 as complete; and 2. File a Notice of Completion, release the performance Bond; and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On June 14, 2005, the City Council awarded a construction contract in the amount of $165,430.00 to Portsmouth Construction Inc. for Citywide Concrete Repairs FY2004- 2005, Project No. PW05-03. The scope of work for this project included improvements to sidewalks, curb & gutter, cross gutters, spandrels, driveway approaches, access ramps, and under sidewalk drains. All work was based on the Public Works Maintenance Division's recommendations. The contractor has completed the work in accordance with the approved plans and specifications and 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: The Citywide Concrete Repairs FY2004-2005, Project No. PW05-03 was funded via the Public Works Department Maintenance Division FY2004-05 Budget for Routine Street Maintenance, Account No. 001-164-601-5402. The total project cost was $165,938.00. ATTACHMENT: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release R:\AGENDA REPORTS\2005\092705\PW05.03 Acceptance.doc RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589.9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described: Citywide Concrete Repairs FY2004-2005. Project No. PW05-03 2. The full address of the City of T emecula is 43200 Business Park Drive, T emecula, California 92590. 3. A Contract was awarded by the City of Temecula to Portsmouth Construction, Inc., 5926 Portsmouth SI., Chino, CA 91710 to perform the fOllowing work of improvement: Citywide Concrete Repairs FY2004-2005. Project Number PW05-03 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 September 27,2005. That upon said contract the North American Specialty Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Citywide Concrete Repairs FY2004-2005 Project Number PW05-03 6. The location of said property is: Temecula, California Dated at Temecula, California, this 27'" dav of September 2005. Susan W. Jones, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC City Clerk of the City ofTemecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE 0 F 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 27'" day of September 2005. Susan W. Jones, MMC, City Clerk R:\AGENDA REPORTS\2005\09270S\PW05-03 Acceptance.doc EXECUTED IN TWO COUNTERPARTS BOND# 2052713 PREMIUM: INCLUDED IN CITY'OF TEMECULA, PUBLIC WORKS DEPARTMENT PERFORMANCE BOND MAINTENANCE BOND FOR PROJECT NO, PW05-03 CITYWIDE CONCRETE REPAIRS FY2004-2005 KNOW ALL PERSONS BY THESE PRESENT THAT; PORTSMOUTH CONSTRUCTION, INC. 5926 PORTSMOUTH ST., CHINO, CA 91710 NAME AND ADDRESS CONTRACTOR'S a CORPORATION (fill In whether 8 CorpotafJon, P81frterwhJp or Individual) . hereinafter called Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 S. PARKER ST., STE. 3800, ORANGE, CA NAME AND ADDRESS OF SURETY 92868 hereinafter called SURElY, are held and fimnly bound unto CIlY OF TEMECULA, hereinafter called' OWNER, in the penal sum of FOTlRTEEN THOUSAND FIVE HUNDRED SEVENTY DOLLARS and SIXTY-FOUR CENTS ($ 14.570.64 ) In lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the paymen.t 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 14TH 'dayof JUNE; 2005, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO, PWOs.. 03, CITYWIDE CONCRETE REPAIRS FY2004-2005, WHEREAS, said Contract proVides that the Principal wllJ fumish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in WOrkmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on_ AUGUST 16 .2005. NOW, THEREFORE, THE CONDITION OF THiS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the tenns 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 defecttve materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this Instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specifled, costs and reasonable expenses and fees shall be Included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included In any judgment rendered. MAINTENANce BONO M-1 R~CIP\PR6JEcTS\PW05\PWos.oo FY~ pcc Repair.llSpe",IPW0503SpetZ.dot The Surety hereby stipulates and agrees that no change, extensIon of lime, alteration, or addition to the terms of the Contract. or to the work to be perfomned thereunde~. or to the speclf1callons accompanying the same, shall In any way affect its obligations on this bond, and It does hereby walye nollce of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 2ND day of SEPTEMBER .2005. (Seal) MATTHEW P. FLAKE (Name) ATTORNEY-IN-FACT PRINCIPAL PORTSMOUTH CONSTRUCTION, INC. By: M/L--- 4~~ .L ~~~ ~c-, (Name) ~ (TItle) By: SURETY NORTH AMERICAN SPECIALTY By:~/fF~ . (11Ue) APPROVED AS TO FORM: (Name) Peter M. Thorson, CIty Attomey (11~e) MAINTENANCE BOND M.2 R.~C1P1PROJECTSIPI'I05\PNIl5 FY04-05 PCC RepairslSpecsIPW0503Specs.dot CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 9-02-05 DATE before me, Lexie Sherwood - Notary Public NAME, TITLE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC. personally appeared Matthew P. Flake NAME(S) OF SIGNER(S) 00 personally known to me - OR - D . LEXIE SHERWOOD -~ COMM. '1593951 I NOTMY' PUIUC . CALIFORNIA ~ ORANGE COUNTY -:: Comm. Exp. JULY 27, 2009 r 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 ac- knowledged 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 m~ hrl;;;t 4 /SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER TITlE(S) D PARTNER(S) 00 D D D D LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY{IES) North American Specialty Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Warranty Bond TITLE OR TYPE OF DOCUMENT Two (2) NUMBER OF PAGES 9-02-05 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 59590(4194) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY W ASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF A TIORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty [nsurance Company, a corpoh,ratioodduwly ohr~anized and exisling under laws oflhc Stale of New Hampshire, and having its principal office in the City of Manchester, New Hamps Ire, an as mglon International Insurnnce Company, a corporation organiz.ed and existing under the laws of the State of Arizona and having its principal office in the City of Ilasca Illinois. each does hereby make. constitulc and appoint: . DA VlD L. CULBERTSON. CHARLES L. FLAKE. RICHARO A. COON, MATIHEW P. FLAKE and LEXIE SHERWOOD joinlly or sevclAlJy lis true and lawful Auomey(s)-in-Fact, (0 make, execute. seal and deliver, for and on its behalf and as its lei and deed, bonds or other Wrilings obligatory in the nalure ofa bond on behal~ of each of said Companies, a~ surety, (In contracts ofs~reryship as are or m~y be re~uired Or permincd by law. regulation. contract or otherwise. prOVided thaI no bond or unden.aklOg or contract or suretyship executed under thiS authonty shall eKceed [he amount of: TEN MILLION (10,000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority oflhe {allowing Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemationallnsurance Company at meetings duly called and held on the 24~ o(Man:h, 2000: "RESOLVED, that any two oCthe President. any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be. and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney 1\3med in the given Power of Attorney to ex.ecute on behalf of the Company bonds. undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein Ihe seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or 10 any certificate relating thereto by facsimile. and any sueh Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, unden.aking or contBct of surety to which it is attached," ~(\\1lIIlUIll'IqIl. A"? '\ ~/ ......\1oMl....... #::t:~~~~~f; By ~ 0 , , {~ '''~~~__ ~~ ~~---- ~ ,~~ ~ c1 / SEAl \ Cl:: ....t 0, A",".C' r.nldn.llc Old EIn;:.t1..~ ow..;:".r Wu..I......'.IU..l!...II...r..u e.""..,,, i i CORPORATE. ~ l =a;:; 'm::.. ..' i.. SEAL 0' Sw'.~ \t71 ..; i2 'Vk,..ralokftt.rr-:..,"AIMric.o.SpeclallJl.........:,Cem,..y i,"" aE W?..'{~ ~~..8~ ~~ AmDf(.\ ~l \..+:;t-~~.~f..$ a/7 \;~ l'.< ~~ ON'. ,.", ~t>'- s..L- '. * .,.to (111J'",nn~ Dy .....,............ Sl..... ... Aad.noa" Elf/c.cly<: Vkc 'n.,ld...{ .rw....I.Cl..I.{.....oll4.'" l...."..c, C."'p...y" Vk~ rrnkk.{ .r N.r" A_rka. Specially I.......ooc, Compuy IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemationallnsurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this --E-day of October . 20~. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page On this ~ day of October . 20~, before me, a Notary Public personally appeared Paul D. Amstutz ,President and CEO of Washington International (osul'3nce Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President ofWashingloD International Insurance Company and Vice President of North American Specialty Insurance Company. personally knO\Vf1 to me. who being by me duly sworn. acknowledged thai they signed lhe above Power of Anorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ss: 'CII"PI(ioc.:-1Ui .w...'..""'"'-. -~~Clf-.......oc "...~~,~........ ~ a.;::P~ Yasmin A. Patel, Notary Public I, James A, Carnenter ,Ihe duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insun.nce Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affiKed the seals oCthe Companies this2ID day of SEPTEMBER. 20 05, ~'4--/3~ I.....". ^. c...p...,..ct'. V"",= "'aMk,,, Ii. ......;.tMll Sccto:c.o-r .(WutliftClon [nl,,",u;o..,<lIt\1~n.""" Cof'nJ"-"Y "- Au;.tanlSc<:~ryorNO<'I"~Spcci.hylt\1u...."""Co<np.o"y ~ -~~-"-_._-~',"--~------_H~---'-~"Il.d.rll____....... >..1, (,./::.>~:. :.: '; ,'.::.\ :": '.': ':':'.~':!. : \,,~.':";'':,::.:::<;~!: CITY OF TEMECUlA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW05-03 CITYWIDE CONCRETE REPAIRS FY2004-2005 This is to certify that~.. -7(/ ~1~ -:i...(hereinafter the 'CONTRACTOR") declares to the City of Temecula, under oath, that he/she 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. PW05-03, CITYWIDE CONCRETE REPAIRS FY2004-2005, situated in the City of Temecula, State of California, more particularly described as follows: e~~ "~'~R~~~~ OR~:S;~~:C~~~roN OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code !l7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any . and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed aboye. CONTRACTOR Dated: J'- J/-" !>- By: ~ -",,}"J;orJ4.6 Signature dA//';~1H A3~....,.~ ~ 'tV-AJ~t't. Print Name and Title RELEASE R-1 R:ICIPIPROJECTSIPW05\PW05-j)3 FY04-<l5 PCC RepairslSpecsIPW0503Specs.dot ITEM 6 APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINA~ j::;If<- CITY MANAGER ' CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Howard Windsor, Fire Chief DATE: September 27,2005 SUBJECT: Contract Amendment for Schirmer Engineering PREPARED BY: Steve Faris, Fire Marshal RECOMMENDATION: That the City Council approve the first amendment with Schirmer Engineering for an amount of $30,000. DISCUSSION: On July 1,2005 the City Manager approved a contract in the amount of $20,000 with Schirmer Engineering, a Fire Protection Engineering company that performs outside plan check services on an as needed basis. These services are utilized when fire prevention staff experiences increased levels of applications that exceed their abilities to process plan submittals within acceptable timeframes (12 working days for new submittals and 5-7 working days for re-submittals). These past several months there has been an increase in plan checks and numerous requests for required fire system field inspections. With plan reviewers out in the field covering inspections, a larger than normal percentage of plan checks were outsourced in order to meet City of Temecula customer service standards for plan check turnaround timelines. This unexpected extensive use of contract services has nearly exhausted the originally contracted amount of $20,000; therefore it is necessary to increase the short-term contract amount to $50,000. We are currently seeking to fill one recently vacant Fire Safety Specialist position. This vacancy should be filled within the next 2-4 weeks. We expect the volume of applications being sent out to decrease when all Fire Safety Specialists positions are filled and requests for field inspections level off. However, this amendment is necessary to allow for the continued occasional outside plan review as needed to allow us to constantly meet the City's stated plan check processing time line goals of 12 working days for new submittals and 5-7 working days for re-submittals. Funds for this amendment are available in the current fiscal year's budget. FISCAL IMPACT: Adequate funds are available in the current fiscal year 2005/2006 Fire Operating Budget. ATTACHMENTS: Contract Amendment. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND SCHIRMER ENGINEERING CORPORA nON THIS FIRST AMENDMENT ism ade and entered into as 0 f October 1, 2005 by a nd between the City of Temecula, a municipal corporation ("City") and Schirmer Engineering Corporation, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 1, 2005 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Outside Plan Check Service ("Agreement") in the amount of $20,000.00. B. The parties now desire to extend the term of the agreement until June 30, 2006 and increase the payment for services in the amount of $30,000.00 and amend the Agreement as set forth in this Amendment. 2. Section 4. Payment of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Twenty Five Thousand Dollars and no Cents ($30,000.00) for additional plan check service for a total contract amount, of Fifty Thousand Dollars and no Cents ($50,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. p:/Agreement Samples.Amendment.2003 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeff Comerchero, Mayor ATTEST: BY: Susan W. Jones, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT Schirmer Engineering Corporation 11770 Bernardo Plaza Court, Suite 116 San Diego, Ca. 92128 Garner Palenske, Engineering Manager 858-673-5845 phone, 858-673-5849 fax BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) R:/purchasing/agreements.all/win harveston.amend l.fieldman 2002 2 EXHIBIT A TASKS TO BE PERFORMED Plan Check Services Schl""er Engineering agrees to review architectural plans for compliance with the life safety provisions of the current edition of the Unlto"" Building, Fire, Mechanlcel and Electrical Codes, including state amendments. Turnaround nme Scbinner Engineering shall provide seven days turnaround time for initial plan review. Rechecks are given first priority and shall be completed within three working days. Correction List Provided . Specific correction lists are prepared for each individual project and returned to the Fire Prevention Bureau with the plans, and a transmittal form. Each correction is written in plain language stating the item shown on the plans that are deficient and the requirement that must be indicated on the plans to show compliance with the code. . #. See attached fee schedule. EXHIBIT B PAYMENT RATES AND SCHEDULE 07/69/2665 65:49 858&735849 S01IRMER ENG. PAGE 02 o ,. SCHIRMER EN.GINEERlNG PLAN JlEVIEW FEE~ ~cnVE JU..,V 1.2005 REVIEW TYPE SCHIRMER FEE A. Above Ground Storage Tauk $368.00 B. Alarm - New or TI 1. \-10 Alarm Devices $218.00 2. 11.50 Alarm Devices $318.00 3. 51-\00 A1ann Devices $568.00 4. > 100 Alarm Devices $869.00 C. CO2 System. 5275.00 D. 0Iv Chemical Systems $175.00 E. DustCollection $324.00 F. ESFR $617.00 G. FlrePump $374.00 H. FoamILiquid Systems $275.00 l. Hazmat Storage Plan $577.00 J. High Piled Storage (BPS) $527.00 K. Hood & Duct System $249.00 L. Industria1 Ovens Inst. $318.00 , M. Industria1 Gases $275.00 N. Inert Gas Systems $323.00 O. Medical Gases $227.00 P. MS Industrial EquIpment $224.00 Q. Raclclng $458.00 R. Regulated Refrigerator $324.00 S. Smoke Control $417.00 T. Spray Booth $272.00 7/1212005 07/69/2665 05:49 858&735849 ~' S01IRMER ENG. PAGE 03 U. Sprinkler I. Residential $523.00 2. Commercial (New) a. 1-100 Sprinklers $318.00 b. 100-300 SDrinklers $418.00 e. 300-700 Sprinklers 5518.00 d. >700 Sprinklet$ 5617.00 3. Commercial (T.I) a. 1-10 Sprinklers 5169.00 b. 11-50 Sprinl""" 5218.00 c. 51-100 Sprinklers $318.00 d. >100 Sprinklers 5617.00 V. TankIPiping Removal $175.00 W. Underground Combo 5468.00 X. Underground Hydrants 5368.00 Y. Underground Sprinkler $368.00 Z. Underground Storage Tank 5368.00 AA. Vap<r Recovely 5323.00 SCHgw:ER ENGINEERING PLAN REVIEW FEES EFFECTIVE JULY I. ZOOS ............... 7/1212005 ITEM 7 APPR~V CITY ATTORNEY DIRECTOR OF FINA CE CITY MANAGER .,. - CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council L/ Herman Parker, Director of Community Service~ DATE: September 27, 2005 SUBJECT: Cable Television Franchise Transfer PREPARED BY: ~~ Phyljjs L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council: 1. Adopt a Resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONDITIONALLY AUTHORIZING (1) A TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM ADELPHIA COMMUNICATIONS CORPORATION TO COMCAST CABLE HOLDINGS, LLC; (2) AN ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE BY COMCAST CABLE HOLDINGS, LLC, TO CAC EXCHANGE I, LLC; AND (3) A TRANSFER OF CONTROL OF CAC EXCHANGE I, LLC FROM COMCAST CORPORATION TO TIME WARNER CABLE INC. 2. Adopt a Resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE NONEXCLUSIVE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS DISCUSSION: The City ofTemecula currently has a franchise agreement with Century- TCI California. L.P. for the provision of cable television services within the City. Century- TCI California, L.P. does business within the City as Adelphia Cable Communications (Adelphia). On June 25, 2002, Adelphia filed for bankruptcy under Chapter 11 protection. Since that time, Adelphia has been exploring various corporate restructuring scenarios that protect investors and other stakeholders and is acceptable to the bankruptcy court. One of those scenarios was to sell some or R:IRUSEP\AGENDASlcable transfer-TimeWarner 9-27-05.doc all of Adelphia's assets to one or more cable service providers. On April 20, 2005, Comcast Corporation and Time Warner Cable Inc. each entered into agreements (Acquisition Agreement) to acquire substantially all of Adelphia's assets. The bankruptcy court has been requested to approve the ComcastlTime Warner acquisition of Adelphia's assets. Under the terms of the ComcastlTime Warner Acquisition Agreements, Time Warner Cable will receive current Comcast and Adelphia cable systems in Southem California. On June 14, 2005. the City ofTemecula received applications, each including a FCC Form 394 titled "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Teievision Franchise" relative to the transfer of the existing cable franchise from Century - TCI California, L.P. The purpose of the Franchising Authority's review of the Form 394 is to ensure that: (1) the new service provider has the legal, financial and technical ability to operate the system; (2) the incumbent provider is currently in compliance with the franchise agreement; and, (3) the financial terms of the agreement will not negatively impact cable operations. If these criteria are met, the City must approve the franchise transfer. The City Attorney's office has extensively reviewed the transfer applications and supporting material. No negative information was disclosed during the review that would preclude the City Council from making the necessary findings that Time Warner Cable, as the transferee, has the financial, technical and legal qualifications to ensure the performance of all of the obligations required under the existing cable television franchise agreement. Pursuant to Federal regulation, the City has 120 days from June 14, 2005, the date of receipt of the transfer applications, to approve or disapprove the transfer. However, if the City takes no action within the time limit, the application is "deemed approved" and the transfer may proceed. By formally authorizing the transfer, the City may recover the costs incurred in processing and evaluating the proposed transfer of the franchise. The existing term of the franchise agreement was originally scheduled to expire on January 9,2004. The City Council has extended the franchise term through December 31, 2005 so that negotiations may be conducted with the ultimate franchisee. Franchise negotiations usually take several months to finalize. The proposed extension of time of the franchise agreement will begin after December 31, 2005 and continue month-to-month. The extension of time will allow staff and the new franchisee, Time Warner Cable, to negotiate the terms of the renewal franchise after the Bankruptcy Court has approved the proposed transactions, which is likely to take place in mid-2006. FISCAL IMPACT: The City will be reimbursed for all costs and expenses reasonably incurred in processing and evaluating the proposed cable franchise transfer, up to an amount of $2,500. R:\RUSEPIAGENDASlcable transfer- TimeWarner 9-27-05.doc CITY OF TEMECULA RIVERSIDE COUNTY, CALIFORNIA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONDITIONALLY AUTHORIZING (1) A TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISEE FROM ADELPHIA COMMUNICATIONS CORPORATION TO COMCAST CABLE HOLDINGS, LLC; (2) AN ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE BY COMCAST CABLE HOLDINGS, LLC, TO CAC EXCHANGE I, LLC; AND (3) A TRANSFER OF CONTROL OF CAC EXCHANGE I, LLC FROM COMCAST CORPORATION TO TIME WARNER CABLE INC. RECITALS: A. Century - TCI California, L.P., ("Franchisee") is the authorized holder of a franchise ("Franchise") that authorizes the construction, operation, and maintenance of a cable television system within the City of Temecula ("Franchise Authority"). B. On April 20, 2005, Comcast Corporation ("Comcast") and Time Warner NY Cable LLC ("TWNY"), an indirect subsidiary of Time Warner Cable Inc., each entered into separate definitive agreements to acquire, collectively, substantially all of the assets of Adelphia Communications Corporation ("Adelphia") for a total of$12.7 billion in cash (of which TWNY will pay $9.2 billion and Comcast will pay the remaining $3.5 billion) and 16% of the common stock of Time Warner Cable Inc. C. In accordance with the provisions of an Exchange Agreement that was also executed on April 20, 2005, Comcast, Time Warner Cable Inc., and their respective subsidiaries agreed, upon consummation of the asset purchase agreements referenced above in paragraph (B), to exchange certain cable systems owned by affiliates of Time Warner Cable Inc. or Comcast, respectively, together with certain cable systems to be acquired in the asset purchase transactions. In these "swap" transactions, Time Warner Cable Inc. will receive current Comcast cable systems located in Southern California, and cable systems currently owned and operated by Century - TCI California, L.P., including the franchised cable system serving the City. D. On June 14,2005, the Franchise Authority received two applications relating to proposed transfers of control of the existing Franchise held by Century - TCI California, L.P. Each application included FCC Form 394 titled "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise." 11086-0068\836105v2.doc 9/13/05 These applications are summarized as follows: (1) FCC Form 394 related to the "Adelphia Transaction." This application was submitted by Adelphia Communications Corporation ("Adelphia"), as the Transferor, and by Comcast Cable Holdings, LLC, as the Transferee. Consent of the Franchise Authority is requested for the acquisition by Comcast Cable Holdings, LLC of Adelphia's 75 percent ownership interest in the Franchisee, Century - TCI California, L.P. Consequently, Comcast Cable Holdings, LLC would become the direct parent and sole owner of the Franchisee, in accordance with the provisions of the Asset Purchase Agreement between Comcast Corporation and Adelphia. (2) FCC Form 394 related to the "Exchange Transaction." This application was submitted by Century - TCI California, L.P., as the Transferor, and by Time Warner Cable Inc., as the Transferee. This application assumes the consummation of the "Adelphia Transaction" described above in subsection (1) whereby Century - TCI California, L.P. becomes a wholly-owned subsidiary of Com cast Cable Holdings, LLC. Consent of the Franchise Authority is requested for a two-step transaction. The first step is for the ultimate parent company, Comcast Corporation, to cause its then indirect, wholly-owned subsidiary, Century - TCI California, L.P., to assign the Franchise to a new subsidiary wholly-owned by Comcast Corporation, which is identified as CAC Exchange I, LLC. The second step is for Comcast Corporation, simultaneously with the internal assignment of the Franchise, to transfer ownership and control of CAC Exchange I, LLC to Time Warner Cable Inc. as part of the Exchange Transaction described in the FCC Form 394. Supplemental information concerning the Adelphia Transaction and the Exchange Transaction was provided to the Franchise Authority by Time Warner Cable Inc. and by Comcast Corporation on July 25,2005. E. In accordance with the applicable provisions of Chapter 5.12 of Title 5 of the Temecula Municipal Code, the Franchise Authority has the right to review and to approve the financial, technical, and legal qualifications of the ultimate Transferee in connection with the proposed transfers of control of the Franchisee and the proposed assignment of the Franchise. F. The staff of the Franchise Authority has reviewed the documentation that accompanied the FCC Forms 394 and, based upon the representations set forth in that documentation, has concluded that the proposed ultimate Transferee has the requisite financial, technical, and legal qualifications to adequately perform, or to ensure the performance of, all obligations required of the Franchisee under the Franchise, and that CAC Exchange I, LLC will be bound by all terms, conditions, and obligations of the Franchise as it currently exists or as it may be modified or superseded by the parties prior to the closing of the two transactions described above in Recital (D). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA RESOLVES AS FOLLOWS: Section 1. In accordance with the applicable provisions of Chapter 5.12 of Title 5 of the Temecula Municipal Code, the Franchise Authority consents to and approves the 2 I J086-0068\836105v2.doc 9113/05 proposed interim assignment of the Franchise and the proposed transfers of control ofthe Franchisee as follows: (a) In connection with the Adelphia Transaction described in paragraph (D) of the Recitals, the Franchise Authority authorizes and consents to the acquisition by Comcast Cable Holdings, LLC from Adelphia, as the ultimate parent company of Century - TCI California, L.P., of Adelphia's 75 percent direct and indirect ownership interest in Century-TCI California, L.P., as a consequence ofwhich Comcast Cable Holdings, LLC, as the Transferee, will become the direct parent company and the sole owner of Century - TCI California, L.P., which is the franchised cable operator. (b) Contingent upon the closing of the Adelphia Transaction referenced above in paragraph (a), the Franchise Authority authorizes and approves the two-step transaction identified as the "Exchange Transaction" in paragraph (D) of the Recitals. Comcast Corporation will cause its indirect, wholly-owned subsidiary, Century - TCI California, L.P., to assign the Franchise to a new wholly-owned subsidiary of Com cast Corporation, which is identified as CAC Exchange I, LLC. Simultaneously with this internal assignment of the Franchise, ownership and control of CAC Exchange I, LLC will be transferred by Comcast Corporation to Time Warner Cable Inc. in accordance with the Exchange Transaction described in the second FCC Form 394 filed with the Franchise Authority. Following consummation of the Exchange Transaction, the Franchisee, CAC Exchange I, LLC, will be a wholly-owned subsidiary of Time Warner NY Cable LLC, which will be controlled solely by Time Warner Cable Inc., and will do business in the franchise service area under the tradename Time Warner Cable. Section 2. Time Warner Cable Inc. has represented to the Franchise Authority that the Exchange Transaction authorized above in Section (l)(b) is based upon the "expectation of sequential closing" and that the two steps of the Exchange Transaction are expected "to close contemporaneously and in direct succession." The Franchise Authority has also been informed that the Exchange Transaction could be terminated prior to the closing of the Adelphia Transaction, e.g., as a result of the failure to obtain FCC or applicable antitrust regulatory approvals. In that event, the consent and approval of the Franchise Authority set forth above in Section (I )(b) will be revoked and rescinded without further action by the Franchise Authority. Similarly, if the Adelphia Transaction is not consummated, then this resolution will be revoked and rescinded without further action by the Franchise Authority. In either case, new consents and approvals, ifrequired, must be obtained by the affected cable operators in connection with any restructured transactions related to an assignment of the Franchise or transfers of control of the Franchisee. Section 3. (a) The authorization, consent and approval ofthe Franchise Authority to the proposed assignment is conditioned upon compliance by the Transferor with the following requirement: Within 60 days after the adoption of this resolution, the Transferor and the Transferee requesting the Franchise Authority's consent to the Adelphia Transaction will execute and file in the office of the City Clerk a "Transfer Agreement and Guarantee of Franchise Obligations (Adelphia Transaction)" in substantially the form attached to this 3 J J 086-0068\836 J 05v2.doc 9/13/05 resolution as Exhibit A. The Mayor is authorized to execute that document and thereby evidence the written consent of the Franchise Authority to the transactions therein described. (b) The authorization, consent, and approval of the Franchise Authority to the proposed transfer of control of CAC Exchange I, LLC to Time Warner Cable Inc. is conditioned upon compliance with the following requirement: Within 60 days after the adoption of this resolution, the Transferor and the Transferee requesting the Franchise Authority's consent to the Exchange Transaction will execute and file in the office of the City Clerk an "Assignment and Transfer Agreement and Guarantee of Franchise Obligations (Exchange Transaction)" in substantially the fonn attached to this resolution as Exhibit B. The Mayor is authorized to execute that document and thereby evidence the written consent of the Franchise Authority to the transactions therein described. (c) Original or confonned copies of the written instruments evidencing the closing and consummation ofthe Adelphia Transaction and ofthe Exchange Transaction, respectively, must be filed in the office of the City Clerk within 60 days after the closing of each of these transactions. (d) Regardless of whether the Adelphia Transaction and the Exchange Transaction described in the FCC Fonns 394 actually close, the Franchise Authority will be reimbursed for all costs and expenses reasonably incurred by the Franchise Authority in processing and evaluating the infonnation relating to the proposed assignment of the Franchise and the proposed transfers of control of the Franchisee; provided, however, that those costs and expenses will not exceed the sum of$2500 and will be set forth in an itemized statement transmitted by the City Manager, or the City Manager's designee, to the Transferor and the Transferee identified in the FCC From 394 related to the Exchange Transaction within 45 days after the effective date of this resolution. The Transferor or the Transferee must pay to the Franchise Authority the total amount set forth in that itemized statement within 30 days after the date of the statement. Section 4. If the conditions set forth above in paragraph (a), (b), and (d) of Section 3 are not satisfied within the period of time specified in each of those paragraphs, then the authorization and consent of the Franchise Authority to the proposed changes of control and assignment as provided for in this resolution will be revoked and rescinded without further action by the Franchise Authority, and, in such event, the FCC Fonn 394 applications will be denied in all respects. In such event, the City Manager is authorized and directed to give written notice to all affected parties of that revocation and rescission, which will be deemed to be without prejudice to the right of those parties to submit new FCC Fonns 394 to the Franchise Authority if required by the Franchise or local ordinance. Section 5. The City Clerk is directed to transmit a certified copy of this resolution to the following persons: 4 11086-0068\836105v2.doc 9/13/05 Mr. Roger Keating, President Los Angeles Division Time Warner Cable Inc. 959 South Coast Drive, Suite 300 Costa Mesa, CA 92626 Brad M. Sonnenberg, Esq. Executive Vice President, General Counsel and Secretary Adelphia Communications Corporation 5619 DTC Parkway Denver, CO 80111 Ms. Sheila R. Willard Senior Vice President, Govemment Affairs Comcast Cable Holdings, LLC 1500 Market Street Philadelphia, PA 19102-2148 Section 6. this resolution. The City Clerk is directed to certify to the passage and adoption of PASSED, APPROVED, AND ADOPTED this _ day of ,2005. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 5 11086-0068\836105v2.doc 9/13/05 EXHIBIT A TRANSFER AGREEMENT AND GUARANTEE OF FRANCHISE OBLIGATIONS (ADELPHIA TRANSACTION) THIS TRANSFER AGREEMENT AND GUARANTEE OF FRANCHISE OBLIGATIONS ("Agreement") is entered into this _ day of ,2005, between Adelphia Communications Corporation, a Delaware corporation ("Transferor"), Comcast Cable Holdings, LLC, a Delaware limited liability company ("Transferee"), and the City ofTemecula, a California municipal corporation ("Franchise Authority"). RECITALS: A. Transferor is acting on behalf of Century - TCI California, L.P., which is the authorized holder of a franchise that authorizes the construction, operation, and maintenance of a cable television system within the City of Temecula, California. B. Transferee is acting on its own behalf and on behalf of Century - TCI California, L.P. which, upon the closing of the Adelphia Transaction, will be a wholly-owned subsidiary of Transferee. C. Subject to the prior consent of the Franchise Authority, Transferor desires to transfer full ownership and control of Century - TCI California, L.P. to Transferee, and Transferee desires to guarantee, effective as of the closing of the Adelphia Transaction (the "Adelphia Closing"), the performance by Century - TCI California, L.P. of all duties, and obligations under the cable television franchise agreement between the Franchise Authority and Century - TCI California, L.P. ("Franchise Agreement") as it currently exists or as it may be modified or superseded by the parties prior to the closing of the Adelphia Transaction that is described in Transferor's FCC Form 394. THE PARTIES AGREE AS FOLLOWS: I. Franchise Authority consents to the transfer of control by Transferor to Transferee of the business entity known as Century - TCI California, L.P., which owns and operates the cable television franchise granted by the Franchise Authority. 2. Transferee covenants and agrees with Transferor and with the Franchise Authority to guarantee the performance by Century - TCI California, L.P. of all duties and obligations of Century - TCI California, L.P. under the Franchise Agreement from and after the Adelphia Closing. 3. This Agreement will become operative and enforceable upon the closing of the Adelphia Transaction described in the FCC Form 394 as filed with the Franchise Authority on June 14,2005. A-I 11086.0068\836105v2.doc 9113/05 4. Upon the closing of the Exchange Transaction described in the FCC Form 394 filed with the Franchise Authority on June 14,2005, by Century - TCI California, L.P., as Transferor, and by Time Warner Cable Inc., as Transferee, this Agreement will terminate and will be of no further force or effect, and this Agreement will be superseded by a similar agreement entered into between the Franchise Authority, Comcast Cable Holdings, LLC, and Time Warner Cable Inc. TO EFFECTUATE THIS AGREEMENT, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below the authorized signature. "TRANSFEROR" ADELPHIA COMMUNICATIONS CORPORATION, a Delaware corporation By: (authorized officer) Title: APPROVED AS TO FORM: Date: Legal Counsel "TRANSFEREE" COMCAST CABLE HOLDINGS, LLC, a Delaware limited liability company By: (Authorized Officer) Title: APPROVED AS TO FORM: Date: Legal Counsel A-2 II086-0068\836105v2.doc 9113/05 APPROVED AS TO FORM: City Attorney ATTEST: City Clerk 11086-0068\836105v2.doc "FRANCHISE AUTHORITY" CITY OF TEMECULA By: A-3 Date: Mayor 9113/05 EXHIBIT B ASSIGNMENT AND TRANSFER AGREEMENT AND GUARANTEE OF FRANCHISE OBLIGATIONS (EXCHANGE TRANSACTION) THIS ASSIGNMENT AND TRANSFER AGREEMENT ("Agreement") is entered into this _ day of ,2005, between Comcast Cable Holdings, LLC, a Delaware limited liability company ("Transferor"), Time Warner Cable Inc., a Delaware corporation ("Transferee"), and the City of Temecula, a California municipal corporation ("Franchise Authority"). RECITALS: A. Transferor is acting on behalf of CAC Exchange I, LLC, which has been authorized by the Franchise Authority to be the assignee of a franchise that authorizes the construction, operation, and maintenance of a cable television system within the City of Temecula, California. B. Transferee is acting on its own behalf and on behalf of CAC Exchange I, LLC which, upon the closing of the Exchange Transaction, will be an indirect majority-owned subsidiary of Transferee and will be controlled solely by Transferee. C. Subject to the prior consent of the Franchise Authority, Transferor desires (I) to assign on an interim basis the ownership and control of the cable television franchise held by Century - TCI California, L.P. to CAC Exchange I, LLC; and (2) to transfer ownership and control of CAC Exchange I, LLC to Transferee. D. Franchise Authority desires to ensure the continued performance of all duties and obligations under the cable television franchise agreement between the Franchise Authority and Century - TCI California, L.P. as it currently exists or as it may be modified or superseded by the parties prior to the closing of the Exchange Transaction described in Transferor's FCC Form 394. THE PARTIES AGREE AS FOLLOWS: 1. Franchise Authority consents to Transferor's assignment of ownership and control of the cable television franchise ("Franchise Agreement") held by Century - TCI California, L.P. to CAC Exchange I, LLC, and to the simultaneous transfer of control by Transferor to Transferee of Transferor's wholly-owned subsidiary, CAC Exchange I, LLC, together with all rights, duties, and obligations specified in the Franchise Agreement, contingent upon (i) the close of the Exchange Transaction; (ii) the assumption by Time Warner Cable Inc. of control ofCAC Exchange I, LLC; and (iii) execution by Time Warner Cable Inc., as guarantor, ofthe "Guarantee of Franchise Obligations" that is attached as Schedule 1 to this Agreement. B-1 11086-0068\836105v2.doc 9113/05 2. This Agreement will become operative and enforceable upon the closing of the Exchange Transaction described in the FCC Form 394 as filed with the Franchise Authority on June 14,2005. Upon its operative date, this Agreement will supersede a similar agreement entered into between the Franchise Authority, Adelphia Communications Corporation, and Comcast Cable Holdings, LLC in connection with a transfer of control arising out of the Adelphia Transaction. TO EFFECTUATE THIS AGREEMENT, the parties have caused this Assignment and Transfer Agreement to be executed by their duly authorized representatives as of the date set forth below the authorized signature. "TRANSFEROR" COMCAST CABLE HOLDINGS, LLC, a Delaware limited liability company By: (Authorized officer) Title: APPROVED AS TO FORM: Date: Legal Counsel "TRANSFEREE" TIME WARNER CABLE INC., a Delaware corporation By: (Authorized Officer) Title: APPROVED AS TO FORM: Date: Legal Counsel B-2 11086-0068\836105v2.doc 9113/05 APPROVED AS TO FORM: City Attorney ATTEST: City Clerk 11086-0068\836105v2.doc "FRANCHISE AUTHORITY" CITY OF TEMECULA By: Mayor Date: B-3 9113/05 SCHEDULE 1 to ASSIGNMENT AND TRANSFER AGREEMENT AND GUARANTEE OF FRANCHISE OBLIGATIONS GUARANTEE GUARANTEE, dated as of ,2005, made by TIME WARNER CABLE INe., a Delaware corporation ("Guarantor"), in favor of the City ofTemecula, California, ("Beneficiary"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce Beneficiary to timely consent to the transfer of the cable television franchise issued by Beneficiary and currently held by Century-TCI California, L.P. (the "Franchise") to Time Warner Cable Inc. ("Transferee") in accordance with the Federal Communications Commission Forms 394 filed by Transferee, Guarantor agrees as follows: I. Interpretive Provisions. A. The words "hereof," "herein" and "hereunder" and words of similar import, when used in this Guarantee, shall refer to this Guarantee as a whole and not to any particular provision of this Guarantee, and section and paragraph references are to this Guarantee unless otherwise specified. B. The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms. II. Guarantee. A. Effective upon the close of the Exchange Agreement, Guarantor unconditionally and irrevocably guarantees to Beneficiary the timely and complete performance of all Transferee obligations under the Franchise (the "Guaranteed Obligations"). The Guarantee is an irrevocable, absolute, continuing guarantee of payment and performance, and not a guarantee of collection. If Transferee fails to pay any of its monetary Guaranteed Obligations in full when due in accordance with the terms of the Franchise, Guarantor will promptly pay the same to Beneficiary or procure payment of same to Beneficiary. Anything herein to the contrary notwithstanding, Guarantor shall be entitled to assert as a defense hereunder any defense that is or would be available to Transferee under the Franchise or otherwise. B-4 11086-0068\836105v2.doc 9113/05 B. This Guarantee shall remain in full force and effect until the earliest to occur of: (i) performance in full of all Guaranteed Obligations at a time when no additional Guaranteed Obligations remain outstanding or will accrue to Transferee under the Franchise; and (ii) subject to any required consent of the Beneficiary, any direct or indirect transfer of the Franchise from Transferee to (or direct or indirect acquisition of Transferee or any successor thereto by (whether pursuant to a sale of assets or stock or other equity interests, merger or otherwise)) any other person or entity a majority of whose equity and voting interests are not beneficially owned and controlled, directly or indirectly, by Guarantor. Upon termination of this Guarantee in accordance with this Section II(B), all contingent liability of Guarantor in respect hereof shall cease, and Guarantor shall remain liable solely for Guaranteed Obligations accrued prior to the date of such termination. III. Waiver. Guarantor waives any and all notice of the creation, renewal, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Beneficiary upon this Guarantee or acceptance of this Guarantee. Guarantor waives diligence, presentment, protest and demand for payment to Transferee or Guarantor with respect to the Guaranteed Obligations; provided, however, that Guarantor shall be furnished with a copy of any notice of or relating to default under the Franchise to which Transferee is entitled or which is served upon Transferee at the same time such notice is sent to or served upon Transferee. IV. Representations and Warranties. Each of Guarantor and Beneficiary represents and warrants that: (i) the execution, delivery and performance by it of this Guarantee are within its corporate, limited liability company or other powers, have been duly authorized by all necessary corporate, limited liability company or other action, and do not contravene any law, order, decree or other governmental restriction binding on or affecting it; and (ii) no authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery and performance by it of this Guarantee, except as may have been obtained or made, other than, in the case of clauses (i) and (ii), contraventions or lack of authorization, approval, notice, filing or other action that would not, individually or in the aggregate, impair or delay in any material respect such party's ability to perform its obligations hereunder. V. Binding Effect. This Guarantee, when executed and delivered by Beneficiary, will constitute a valid and legally binding obligation of Guarantor, enforceable against it in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency or other similar laws applicable to creditors' rights generally and by equitable principles (whether enforcement is sought in equity or at law). VI. Notices. All notices, requests, demands, approvals, consents and other communications hereunder shall be in writing and shall be deemed to have been duly given and made if served by personal delivery upon the party for whom it is intended or delivered by registered or certified mail, return receipt requested, or if sent by Telecopier, provided that the telecopy is promptly confirmed by telephone confirmation thereof, to the party at the address set forth below, or such other address as may be designated in writing hereafter, in the same manner, by such party: B-5 II086-0068\836105v2.doc 9113/05 To Guarantor and Transferee: Time Warner Cable Inc. 290 Harbor Drive Stamford, CT 06902-6732 Telephone: (203) 328-0631 Telecopy: (203) 328-4094 Attention: General Counsel To Beneficiary: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Telephone: (951) 506-5100 Telecopy: (951) 694-6499 Attention: City Manager I. Integration. This Guarantee represents the agreement of Guarantor with respect to the subject matter hereof and there are no promises or representations by Guarantor or Beneficiary relative to the subject matter hereof other than those expressly set forth herein. VIII. Amendments in Writing. None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor and Beneficiary, provided that any right, power or privilege of Beneficiary arising under this Guarantee may be waived by Beneficiary in a letter or agreement executed by Beneficiary. IX. Section Headings. The section headings used in this Guarantee are for convenience of reference only and are not to affect the construction hereof or be taken into consideration in the interpretation hereof. X. No Assignment or Benefit to Third Parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon anyone other than Guarantor and Beneficiary and their respective permitted assigns, any rights or remedies under or by reason of this Guarantee. Xl. Expenses. All costs and expenses incurred in connection with this Guarantee and the transactions contemplated hereby shall be borne by the party incurring such costs and expenses. XII. Counterparts. This Guarantee may be executed by Guarantor and Beneficiary on separate counterparts (including by facsimile transmission), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. B-6 I 1086-0068\8361 05v2.doc 9113/05 XIII. Governing Law. This guarantee shall be governed by and construed and interpreted in accordance with the laws of the state of California without regard to principles of conflicts of law. XIV. Waiver of Jury Trial. Each party hereto hereby irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this guarantee and for any counterclaim therein. TO EFFECTUATE THIS GUARANTEE, each of the undersigned has caused this Guarantee to be duly executed and delivered by its duly authorized officer on the date set forth below the authorized signature. "GUARANTOR" TIME WARNER CABLE INC. By: Name: Title: Date: "BENEFICIARY" CITY OF TEMECULA: By: Name: Title: Date: B-7 11086-0068\836105v2.doc 9113/05 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE NONEXCLUSIVE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS THE CITY COUNCIL OF THE CITY OF TEMECULA RESOLVES AS FOLLOWS: Section 1. This resolution is adopted in recognition of the following facts and circumstances: A. Century- TCI California, L.P., dba Adelphia Cable Communications ("Adelphia"), is the authorized assignee of a cable television franchise agreement that is scheduled to terminate on December 31, 2005. B. Adelphia, through its bankruptcy proceedings, is requesting judicial approval for the sale of substantially all of its cable systems to other qualified cable operators. C. The City has determined that the public interest would best be served by extending the duration ofthe cable television franchise agreement beyond the current expiration date of December 31, 2005. Section 2. The nonexclusive cable television franchise agreement between the City of Temecula and Adelphia is extended until such time as a renewed cable franchise becomes effective, or until either party transmits a 30-day advance written notice to the other party of its intent to terminate the extension. Section 3. Neither the City Council's adoption of this resolution, nor the acceptance of this resolution by Adelphia, will be deemed to waive or alter any rights of renewal, whether formal or informal, that either party may have under 47 U.S.C. Section 546. Section 4. If the attached "Acceptance of Resolution" has been signed by an authorized representative of Adelphia prior to the City Council's adoption of this resolution, then this resolution will become effective on the date of its adoption. Otherwise, this resolution will become effective on the date that Adelphia signs the "Acceptance of Resolution." 11086-0068\839263vl.doc PASSED, APPROVED and ADOPTED this by the following vote: AYES: day of 2003, NOES: ABSENT: ABSTAIN: JeffComerchero, Mayor APPROVED AS TO FORM: City Clerk The undersigned, who is an authorized representative of Adelphia Cable Communications, acknowledges and accepts the extension of the cable television franchise agreement that is authorized by this resolution. CENTURY-TCI CALIFORNIA, L.P., dba ADELPHIA CABLE COMMUNICATIONS By Title Dated II086-0068\839263vl.doc ITEM 8 APPROV~~ . CITY ATTORNEY 0 DIRECTOR OF FINA CE J:l/) CITY MANAGER 1. 'v- f ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council Herman D. Parker, Director of Community service~ September 27, 2005 DATE: SUBJECT: Rancho California Water District Easement Deed within Kent Hintergardt Memorial Park. PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council: 1. Grant Utility Easement to Rancho California Water District for the perpetual easement and right-of-way for construction, operation and maintenance of their facilities within Kent Hintergardt Memorial Park. 2. Authorize the City Clerk to record the Utility Easement Deed. BACKGROUND: The City Councii approved a Ground Lease Agreement for the Boys and Girls Club of Southwest County on October 28, 2003. The first amendment to this agreement was approved July 12, 2005. The Ground Lease Agreement and the First Amendment aliows the Boys and Girls Club to construct a facility within Kent Hintergardt Memorial Park. The development plan for the Boys and Girls Club facility was approved by the Pianning Commission on May 18, 2005. This easement allows Ranch California Water District to provide service to the Boys and Girls Club facility. FISCAL IMPACT: None ATTACHMENTS: Grant of Easement R\McCarthC\Agenda Reports\Kenl Hintergardt Park Rancho Water Easementdoc Recording Requested by RANCHO CALIFORNIA WATER DISTRICT After Recordation Retwn to: Rancho California Water District 42135 Winchester Road Post Office Box 9017 Temecula, CA 92589-9017 Space Above This Line for Recorder's Use I GRANT OF EASEMENT I FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to RANCHO CALIFORNIA WATER DISTRICT, a public corporation, a perpetual non-exclusive easement and right- of-way for pipeline or pipelines, together with incidental appurtenances, connections, and structures in, over, under, upon, along, through, and across the real property situated in in the County of Riverside, State of California, hereinafter described: seE ATTAe.1-IEt> EiVIf'.'7"...... together with the right to grade and improve said right-of-way and to enter upon and to pass and repass over and along said strip of land for the construction, operation, and maintenance of the facilities to be constructed in said easements by the RANCHO CALIFORNIA WATER DISTRICT. It is understood and agreed that the easements and rights-of-way acquired herein are subject to the right of the owner, his successors and assigns, to use the surface of the land within the boundary lines of said easements and rights-of-way to the extent that such use is compatible with the full and free exercise of said easements and rights-of-way by the RANCHO CALIFORNIA WATER DISTRICT; provided; however. that no fences, block walls or other structures, or other improvements shall be constructed upon, over, and along said easements and rights-of-way without first obtaining the written COnsent of the RANCHO CALIFORNIA WATER DISTRICT. No fill or paving of any nature shall be placed or maintained over the surface of the ground, nor shall any earth be removed from the cover of said pipeline after construction, without first obtaining the written approval of the RANCHO CALIFORNIA WATER DISTRICT. IN WITNESS WHEREOF, this instrument has been executed this day of 2005. CERTIFICATE OF ACCEPTANCE The undersigned. being the duly appointed agent of RANCHO CALIFORNIA WATER DISTRICT, a public corporation, Riverside County, California, pursuant to its Resolution No. 22, as amended by Resolution No. 196. does hereby accept on behalf of said District, the grant of all interests in real estate for public purposes as described in the attached Grant of Easement dated , 2005, by ..._...1 1.._.....___ ..L_ T>.."'T,.-,yT...... ........y~~___. __.__ )... ~" 4t" 'o~ '6'd .~" 0).. 1-,--_ 'S'o 'f <J$ . f<9:$>!, ~ <9f ~9 ~/..,. t:::>~<::P ~'<(-&''?' (,v oQ? G r-_ / /~ {<v (":J~ ~" <:' I ~ . /~ ", .ryo, o~o 0..... 0) I! II 0)' <::iQf II ...., 0 N l' ~ II . ~ W ....J ..: U CIl --ill- ~~ ~~ zi U :> {;J' (j g;:..... ~ Q,'t~~ "CO..... "!t..... s.....rv ~o. 'V . s~~ ..... '"' (j. , ......Q;-. g;: ~ /5. ~.' <b :'.1 ~ "'.. q;: ~ ',.,"<0' It -v, <::it/I! ...., . .R ^':J, . .~o~ ~c{<O' c:!C;? 'V 4Y& G~ 't~ ~~ " *' ~ Q. N 07'20'50" W 59.78' --J(j) :J ....... ....::.,f'0 9 '>- ~ -€:~f' (<tJ'.:i...... ........ !:! ~'('....... .&0....... .('''' < 1\1' . /~ ry, .~~.. .>?ryO) ~..... .... ,.!( II ..... "'Qf II ...., N"" OOJ 00 N~ I' .~ ~Ill 0:::1 wN (DO 00 I-N U. 00 ....Joz OWl- ooz Io:::w uo:::;; CIlU=> wWO::: ....J0:::1- oo~ 9w- :::;;wCll .e..: w w I .... W- CIl 0 w -~ 'C I L.o..> l) CIl .- 0 ~ .! fii c ~ 0 C w '" .- U c: w ~ I .2 u :: ::s c 0 => 0 U ..I: V W w 0 ~ \( c: ...... c ,..... W 0 0::: 0 ~ 0 lL. "" ::c 0 ...; <i ~ ~ Z cO U ~ 'ij Q: " ~ 0 ~ " -~ >- .S c: 0 " .- "Q. .c 'c 'i: 0 U <II " " .::. ~O -;;-; U W w ~=: ""') -' 'i) 'C IJl <[ ~~ u ::l '" o " VI o..~ " - ~- _ 0 g>-e .- 0 '00.. 0 a> g 0 '" !!:!'" --'- . - I C 0 00:0 Zoa> ._ c: - on " <II . >< N '< .- ~ 0: a> < '" '" ~ a.. -< N c: >- ~w(.),.... 0.,; .. e g . ~ c: ~" " oldi2~~ - E o..J 0" '" '" 0 '" VlU if ::I ... w I -< en ~ at .!!~ o..J % ~ g 0: Q. -" .2 " liQ o..~ U - " 0 I .- - X .:< w HD0714 EXHIBIT "A" AN EASEMENT FOR WATERLINE PURPOSES WiTHIN THAT CERTAIN PARCEL OF LAND QUITCLAIMED TO THE CITY OF TEMECULA PER INSTRUMENT NO. 118891 DATED MARCH 22, 1994, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID LAND, SAID CORNER BEING A POINT ON THE CURVED RIGHT-OF -WAY OF VIA DEL CORONADO AS SHOWN ON TRACT NO. 29305-1, FILED IN BOOK 350 AT PAGE 71 OF MAPS, RECORDS OF RIVERSIDE COUNTY, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 76.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 17" 56' 34" WEST; THENCE LEAVING SAID CURVED RIGHT-OF-WAY ALONG THE SOUTHERLY LINE OF SAID QUITCLAIMED PROPERTY, SAID LINE BEING A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADiUS OF 1240.00 FEET, A RADIAL TO SAID CURVE AT THE INTERSECTION WITH SAID CURVED RIGHT-OF-WAY BEARS SOUTH 33'35'57" WEST, THROUGH A CENTRAL ANGLE OF 00'27'26" AND AN ARC LENGTH OF 9.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVED SOUTHERLY LINE, THROUGH A CENTRAL ANGLE OF 00'12'28" AND AN ARC LENGTH OF 4.19 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 81.00 FEET, SAID CURVE BEING CONCENTRIC WITH SAID CURVE HAVING A RADIUS OF 76.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'14'11" AND AN ARC LENGTH OF 15.88 FEET; THENCE RADIAL TO SAID CURVE NORTH 03'09'30" WEST 5.00 FEET TO SAID CURVED RIGHT -OF -WAY; THENCE WESTERLY ALONG SAID CURVED RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 14'11'05" AND AN ARC LENGTH OF 18.81 FEET; THENCE LEAVING SAID CURVED RIGHT-OF-WAY ALONG A RADIAL LINE SOUTH 11'01'35" WEST 3.21 FEET TO THE TRUE POINT OF BEGINNING; ANTHONY J. TERICH DATE RCE 21914, EXP. 9/30/07 ITEM 9 APPROVAL ~ CITY ATTORNEY DIRECTOR OF FINANq~ CITY MANAGER JJt'/'1_ " CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manager DATE: September 27, 2005 SUBJECT: Community Grant Agreement with the Temecula Sister City Association Prepared by: Robin Gilliland, Senior Recreation Coordinator RECOMMENDATION: That the City Council approve a grant in the amount of $7,500.00 for the Temecula Sister City Association for fiscal year 2005-2006. BACKGROUND: The Temecula Sister Cities Association (TSCA) is a California non-profit corporation that supports cultural exchanges of people and ideas between the citizens of our community and foreign communities. In doing so, the outlook of our citizens is enhanced and Temecula's quality of life improved. The following is a list of guidelines to assist City Administration in their liaison relationship with the Temecula Sister City Association and Sister City sponsored activities. . The City will work in conjunction with the TSCA to promote understanding, friendship and knowledge. . The Temecula Sister City Association is responsible for the development, coordination and implementation of all Sister City functions, services and special events that occur related to our two Sister Cities: Leidschendam-Voorburg, Netherlands and Nakayama, Japan. This includes coordination of events, special dinners and activities, and travel related services such as gifts, itineraries for visiting dignitaries or travel abroad. . The City will support and encourage the Temecula Sister City program in their efforts to encourage cuitural exchange among our Sister Cities. The City will provide a staff liaison that will represent the City of Temecula at Sister City Board Meetings, programs, special events and activities (as deemed appropriate). . The City liaison will coordinate travel abroad to our Sister Cities when City officials or City Council members are involved in the travel. . The City will provide the Temecula Sister City Association with limited funding to provide necessary Sister City activities and functions. The Temecula Sister City Organization C:IDocuments and SettingslMichaela.BallreichlLocal SettingslTen1porary Internet FileslOLK6AFIStaff Report - funding 2006 (2).docl will be responsible for monitoring and managing their budget to ensure proper expenditures and accounting of funds for all organized activities and events. . The City will provide limited financial support for student scholarships for individual students traveling to Nakayama, Japan or Leidschendam-Voorburg, the Netherlands. . The City will fund & coordinate one official dinner and one official welcome reception per year, for a visiting delegation from Nakayama and Leidschendam-Voorburg, when elected officials from the visiting Sister City are in attendance. . The City will provide official City gifts for elected officials visiting from Nakayama and Voorburg, or when City officials are traveling to Nakayama and Leidschendam-Voorburg. . Membership in the Sister City Association is open to all citizens and or business persons of Temecula & others as determined by the TSCA. . The TSCA must provide an annual budget and financial report/records that are available for review by the City. . The City will provide transportation for official delegations both arriving and traveling abroad. · The TSCA is responsible for transportation of all other guests either coming or going to Nakayama, Japan & Leidschendam-Voorburg, the Netherlands. In the past, TSCA has used funds to provide educational opportunities such as the Children's Matsuri and Dutch American Heritage Day. There have also been sponsorships provided to both students and adults traveling abroad. TSCA has an active book exchange with Nakayama and for the first time, a toy drive for a Tecate, Mexico orphanage was done in December, 2004 FISCAL IMPACT: Funds have been approved and are in account 001-101-999-5280. C:\Documents and Settings\Michaela.Ballreich\Local Settings\Teraporary Internet Fifes\OLK6AF\Staff Report - funding 2006 (2).docl COMMUNITY GRANT AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA SISTER CITY ASSOCIATION THIS AGREEMENT is made by and between the City of Temecula ("City"), a municipal corporation, and the Temecula Sister City Association, a non-profit corporation, and is dated as of September 27,2005. In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each of the parties hereto acknowledge and agree to be true and correct: a. The Temecula Sister City Association ("TSCA") coordinates many programs for cultural exchanges within the City of Temecula, which are not provided by the City's recreation program. b. The TSCA warrants and represents to the City that it is a non- profit, tax exempt corporation under the tax laws of the United State and California, and agrees to continue in such status during the term of this Agreement. c. On June 7, 2005, the City Council approved the budget for FY 04/05 which provides funding in the amount of seven thousand five-hundred dollars ($7,500.00) for the purpose of continuing and enhancing its cultural exchange programs within the City of Temecula and abroad. d. paid to the TSCA. This Agreement provides for the manner in which the grant will be 2. The City shall pay to the TSCA on an annual basis, on July 1, 2005 an amount equal to the actual costs incurred by the TSCA not to exceed $7,500.00 per year ending June 30, 2006. TSCA shall submit a quarterly report to the Director of Community Services for the actual costs of cultural exchanges and shall be accompanied by such . documentation as reasonably required by the Director of Finance to establish that such costs were incurred by the TSCA. 3. The term of this agreement shall be July 1, 2005 to June 30, 2006. 4. The TSCA and City have developed goals and objectives which are set forth in Exhibit A. The TSCA is committed to implementing these Goals and Objectives. 5. The City may at any time, for any breach of this Agreement, suspend or terminate this Agreement, or any portion hereof, by serving upon the TSCA at least ten (10) days prior written notice. If the breach is corrected during this ten day period, City may, in its sole and exclusive discretion, rescind the termination. 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. TSCA shall make available to the City its books, records and financial documents in such form as to allow City to verify TSCA's compliance with the terms of this.Agreement. 6. The TSCA agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, and employees from and against any and all claims, demands, losses, R:/Agreements/Sister City Agreement 9 27 05 1 defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of TSCA's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability attributable to the active negligence of the City. 7. TSCA shall procure and maintain, or shall have provided on its behalf, for the duration of fiscal year 2005-2006 insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the activities of the TSCA, its agents, representatives, or employees. broad as: a. Minimum ScoDe of Insurance. Coverage shall be at least as (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, including a non-owned auto endorsement. b. Minimum Limits of Insurance. TSCA shall maintain limits on the policies described in Subsection a. of no less than the following amounts unless otherwise approved by the City Manager: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. d. Other Insurance Provisions. The general liability policies shall 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 TSCA; premises owned, occupied or used by the TSCA; or automobiles owned, leased, hired or borrowed by the TSCA. 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 Agreement, the TSCA'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 TSCA's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The TSCA'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. R:/AgreementslSister City Agreement g 27 05 . 2 (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City 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. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraae. TSCA shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the TSCA's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 8. TSCA is and shall at all times remain as to the City and TCSD a wholly independent contractor. The personnel performing the services under this Agreement on behalf of TSCA shall at all times be under TSCA's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of TSCA or any of TSCA's officers, employees or agents, except as set forth in this Agreement. TSCA 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. TSCA shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 9. 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, addresse.d to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day . following deposit with the document delivery service or United States Mail as provided above. R:/AgreementslSister City Agreement 9 27 05 3 To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To TSCA: Temecula Sister City Association 27349 Jefferson Ave. Suite 213 Temecula, California 92593 Attention: Keri Vogtmann & Jon Lieberg Co-Chairmen 10. The TSCA shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. 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. R:/Agreements/Sister City Agreement 9 27 05 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney R:/AgreementsJSister City Agreement 9 27 05 5 R:/Agreements/Sister City Agreement 9 27 05 TEMECULA SISTER CITY ASSOCIATION, a California non-profit corporation By: Name: Title: By: Name: Title: 6 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT SEPTEMBER 13, 2005 A regular meeting of the City of Temecula Community Services District was called to order at 8:27 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Edwards, Naggar, Roberts, and Washington ABSENT: o DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 23, 2005. 2 Financial Statements for the Fiscal Year Ended June 30.2005 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2005. 3 Harveston Lake Park and Temecula Duck Pond Water Manaaement/Maintenance Services RECOMMENDATION: 3.1 Award a contract to Marine Biochemists, for Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond in the amount of $64,000.00 4 Harveston Lake Paddle boat Concession Aareement RECOMMENDATION: 4.1 Approve the Harveston Lake Paddleboat Concession Agreement. R\Minutesl091305 5 Acceptance of Median Landscape Bonds and Aoreement alono Rancho California Road and Meadows Parkway RECOMMENDATION: 5.1 Accept the Parkland/Landscape Improvement Agreement and surety bonds from Venture Point for the landscaped medians along Rancho California Road and Meadows Parkway. MOTION: Director Naggar moved to approve the Consent Calendar. Director Comerchero seconded the motion and electronic vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Parker presented the Directors with Fitness in Temecula (FIT) T-shirts, advising that 400 Temecula citizens participated in the FIT program and that a FIT rally will be held at the Ronald Reagan Sports Park on Wednesday, September 21, 2005, at the gazebo. Mr. Parker also noted that the Temecula Theater will open on Tuesday, October 4, advising that a week-long celebration has been planned and noting that more information could be found at www.temeculatheater.oro. GENERAL MANAGER'S REPORT No additional comment. BOARD OF DIRECTORS' REPORTS No additional comment. ADJOURNMENT At 8:30 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, October 11, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\091305 2 ITEM 2 APPROVALIJAJ.... - CITY ATTORNEY J -, DIRECTOR OF FINA/ 1'0/' J./ J CITY MANAGER 1_ N/J I {J CITY OF TEMECULA AGENDA REPORT TO: FROM: Board of Directors ~/ Herman D. Parker, Director of Community Services if DATE: September 27, 2005 SUBJECT: Acceptance of Parkway and Slope Landscape Bonds and Agreements for Tract Map No. 25004 - Valdemosa Development PREPARED BY: Barbara Smith, Senior Management Analyst ~ RECOMMENDATION: That the Board of Directors: 1. Accept the agreement and surety bonds from KB Home Coastal, Inc to improve certain perimeter slopes and parkways within Tract Map No. 25004. BACKGROUND: Tract Map No. 25004 consists of79 residential lots located in the north eastern section of the City of Temecula. This project is bordered by Murrieta Hot Springs and Seraphina Roads. Pursuant to the conditions of approval for this development, KB Home is required to improve certain perimeter slopes and landscaped parkways that are proposed to be maintained by the Temecula Community Services District (TCSD) after acceptance. The parkway and slope areas are described as foilows: The parkway along Murrieta Hot Springs Road within the project's northern boundary. Parkways and down slopes along the east side of Lot 80 adjacent to Chandler Drive. Starting at the southern boundary of lot 69 the parkway around the knuckle to Susi Lane with an expanded area on the south side of Suzi Lane to the eastern boundary of Lot 22. The parkway on the north side of Suzi Lane to the eastern boundary of lot 68. Upon completion and acceptance of the improvements by the Board of Directors, staff will recommend the appropriate release and/or reduction bonds. Liberty Mutual Insurance Company Bond No. 024022755 1. Faithful Performance in the amount of $178,323.00. 2. Labor and Materials Bond in the amount of $89,161.00. 3. Warranty Bond No. 834043S in the amount of $17,832.00. FISCAL IMPACT: None. The cost of construction for the perimeter slopes and parkways will be borne by the developer. ATTACHMENTS: Vicinity Map Project Map Agreement/Bonds R:\SNlITHB\Bonds\StaffTract 25004 Slope Bonds.doc ATTACHMENT 1 .., 'l'j I ; ; > TRACT NO. 25004 YICINITY MAP NO SCALE / _-r ) \~.>;:.._<:/ :::\~';::>>'~~'--~-'-<' -' // ',~~:.__, 1../( :,3~~~:~_ y ~~\ i \ /. .:~~;S~~ l/ , , ~/.-;;;Y V"< . ) 1 ' ATTACHMENT 2 ~ ~ lJ.J -J t 6 CI.l 00 -= t'). -= III CI) US a:: <:( lJ.J o ~~ C~ ~!JJ C\lt-.:: .:c: 0- ~~ OQ ~~ t--:~ ~ . ~ CI.l U ... ATTACHMENT 3 City Of Temecula Community Services Department 43200 8usiness Pai1< Drive. Mailing Address: P.O. 80x 9033. Temecula, CA 92589-9033 (951) 894-6480' Fax (951) 694-6488' www.citvoftemecula.olll Name of Subdivider: Address of Subdivider (street): Address of Subdivider (city, state, zip): Contact: Brian Freeman 26201 Ynez Road, Suite 104 Temecula, CA 92591 Title: Forward Planner Phone Number. (951) 587-3310 Fax Number. ( 951 ) 506-1722 Name of Subdivision: Valdemosa 25004 TCSD Streetscape plans for Tr. 25004 - CSD03-0063 $178,323.00 Name of Surety: Address of Surety (street): Address of Surety (city, state, zip): Liberty Mutual Insurance Company Contact: Joyce Herrin Phone Number. (213) 630-3200 175 Berkeley Street Boston, Massachusetts 02116 Title: Surety Analyst Fax Number. (213) 689-4450 Faithful Periormance Bond Labor and Materials Bond 024022755 024022755 024022755 $178,323.00 $89,161.00 $17,832.00 Bond for Warranty R:\KITCHEL. Janet\BondsI03-0063 - K8 HomeslPai1<iand Landscape Agreement.doc , l This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws.' B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered Into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by 2 R:\KITCHEL. JanellBonds\03-0063 . KB HomeslParkland Landscape Agreement.doc Parkland/Landscaping Improvement Security required by the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. 3 R:\KITCHEL. JanetIBondsl03-0063 - KB HomeslParkland Landscape Agreement.doc As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obliaations to Construct Parkland/Landscapina Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file 4 R:\KITCHEL, JanetIBondsl03-0063 - KB HomeslParkland Landscape Agreement.doc with the City Clerk. Copies may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8,1775,1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider 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 Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site 5 R:\KITCHEL. Janel\BondsI03-Q063 - K8 HomeslParkland Landscape Agreement.doc rights-of-way, easements and other interests in real properly shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acauisition and Dedication of Easements or Riahts-of-Wav. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real properly, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Securitv. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 R:\KITCHEL. Janel\Bondsl03-o063 - K8 HomeslParkland Landscape Agreement.doc b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for. Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or. warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, 7 R:\KITCHEL, Janet\BondsI03-0063 - KB HomeslParkland Landscape Agreement.doc -, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extepsion of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. City Council authorizes the Director of Community Services or the Director of Community Services authorized representative to accept the landscaped medians, perimeter slopes, and parks into the Community Services Maintenance System which is funded by the Parks and Lighting Special Tax. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the 8 R:\KITCHEL, JanelIBondsl03-0063 . K8 HomeslParkland Landscape Agreement.doc maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by Community Services, the securities required by. this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance period and final completion and acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an 9 R:\KJTCHEL. JanetIBondsl03-0063 . KB HomeslParkland Landscape Agreement.doc amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragtaph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. - The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Iniurv to Public Improvements. Public Propertv or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 10 R:\KITCHEL. JanetIBondsl03.Q063 - K8 HomeslParkland Landscape Agreement.doc 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be 11 R:\KITCHEL. Janet\Bondsl03-0063 - KB HomeslParkland Landscape Agreement.doc used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. 12 R:\KITCHEL. JanetIBondsl03-Q063 - KB HomesIParldand Landscape Agreemenl.doc d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warrantv. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary 13 R:\KITCHEL, JanelIBondsl03-0063 - KB HomeslParkland Landscape Agreement.doc repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Aaent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniurv to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be. liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Aareements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obliaation to Warn Public Durina Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonabie actions to protect the public from such dangerous condition. 15. Vestina of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion. ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 14 R:\KITCHEL. JanetIBondsl03-o063 - KB Homes\Parldand Landscape Agreement.doc 16. Final Acceotance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnitv/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the 15 R:\KITCHEL. Janel\8ondsI03-()063 . KB Homes\Parkland Landscape Agreement.doc particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph for Parkland/Landscape Improvements shall remain in full force and effect for ten years following the acceptance by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 16 R:\KITCHEL, JanetIBondsI03-0063 - KS HomeslParkland Landscape Agreement.doc 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Comoletion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than ~D 1....L DL. In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. No Vestina of Riahts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 17 R:\KITCHEL, JanetIBondsl03-o063 - KB HomeslParkland Landscape Agreemenldoc 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: f),;.... F,tt......., 2.201 Y..ez (/.-1 1..:1, Jo~ , le...w./.. LA ~2~11 23. Severabilitv. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litiaation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 18 R:\KITCHEL. Janel\BondsI03-0063 - KB HomeslParl<land Landscape Agreement.doc 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Leaal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider 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 Subdivider to comply with this section. 28. Entire Aareement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. R:\KITCHEL, Janel\Bonds\03-0063 - K8 Homes\Parkland Landscape Agreement.doc 19 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. SUBDIVIDER TEMECULA COMMUNITY SERVICES DISTRICT (TCSD) By:1L By: Name: ~. S l"O 7r tk.nc;..u1.;'''" Title: St". 1;..1"(0 JWJ... fk<IL- --rll:.3i<Jli;iIIL ~ Name: Chuck Washington Title: President By: Name: Title: (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: By: Susan W. Jones, CMC, City Clerk RECOMMENDED FOR APPROVAL: By: Name: William G. Hughes, Director of Public Works/City Engineer By: Name: Herman D. Parker Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney 20 R:\KITCHEL, JanetIBondslO3-0063 - KB HomeslParldand Landscape Agreemenl.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On August 23,2005, before me, Pamela K. Meserole, Notary Public, personally appeared Robert Scott Hansen. personally known to me (or Ilre'.c.:!lo "'" UlI th" bd~rS of ~3tisfaE':tQry 8lJieleflCC) to be the person(~ whose name~ is/a.e. subscribed to the within instrument and acknowledged to me that he/iRll,'tR8'1 executed the same in his/hcr-,'tl-1eir authorized capacity (ies), and that by his/hllr/their signatureCs} 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. .............. -. PAMELA K. MESEROLE E . COMM. .1519508 . Notary Public-Callfomla ~ RIVERSIDE COUNTY ::ii: My Comm. Exp. 00115, 2008 ~ =- Pamela K. Meserole , EXHIBIT A (Attach the basis for the estimate of the cost of improvements.) 21 R:\KITCHEL, JanetIBondsI03-D063 - KB HomeslParkland Landscape Agreement.doc .'- David Neault Asloclates. I"e. 10fl KB Homes Landscape Construction Cost Estimate for Tract 2so04iTcSD Streetscape 2/1512005 ,- Description Unit Quantity Unit Sub Total Cost Total Irrigation - 12' P/U Spray Head Assy. ee. 380 $ 25.00 $ 9,500.00 Shrub Roto' Heads ea. 88 $ 45.00 $ 3,960.00 Remote Control Valves ea. 21 $ 200.00 $ 5.400.00 2" Gat~ Valve ea. 4 $ 150.00 $ 600.00 Quick Couple, ea. 19 $ 125.00 $ 2,315.00 PVC Lateral Line 1.1. 3.025 $ 1.50 $ 4,531.50 PVC lateral line On Grade 1.1. 1,650 $ 1.25 $ 2,062.50 2-1I2"CL. 315 Main Line 1.1. 2.250 $ 4.00 $ 9,000:00 Sleeves 1.1. 360 $ 7.00 $ 2,520.00 14# AWG-UF WI'e 1.1. 40,5C() $ 0.20 $ 8.100:00 1-112" RP 8ackflaw Prevenle, ea. 1 $ 5,000.00 $ 5,000.00 Master Control Valve ea. 1 $ 500.00 $ 500.00 Flow Sensor ea. 1 $ 150.00 $ 150.00 Irrigation Controller Assy ~ ea. 1 $ 7.500.00 $ 1,500.00 Misc. ea. 1 $ 1.500.00 $ 1,500.00 Totals $ 63,305.00 Planting Weed Abatement s.f. 50.308 $ 0.05 $ 2,515.40 5011 Prep. s.f. 50,308 $ 0.10 $ 5,030.80. Mulch C.y. 310 $ 65.00 $' 20,150.00 Ground Cover s.f. 50,308 $ 0.40 $ 20,123.20 Shrubs - 5 Gallon ea. 983 $ 15.00 $ 14.145.00 Shrubs -1 Gallon ea. 102 $ 4.50 $ 459.00 Vines -1 Gallon ea. 22 $ 8.50 $ 181.00 Trees - 24- Box ea. 42 $ 215.00 $ 11,550.00 Trees - 15 Gallon ea. 109 $ 100.00 $ 10.900.00 90 Day Maintenance s.f. 50,308 $ 0.01 $ 3.521.56 Concrete Mow Curb 1.1. 1,925 $ 5.00 $ 9,625.00 Totals . $ 98,806.96 Total $ 162,111.96 Contingency (10%) $ 16,211.20- Grand Total $ 118.323.16 II CERTIFICATE OF ASSISTANT SECRETARY KB HOME COASTAL INC. [RIVERSIDE DIVISION] CERTIFIED RESOLUTIONS I, Ross A. Kay, do hereby certify that I am a duly elected, qualified and acting Assistant Secretary of KB HOME Coastal Inc., a California corporation. I do further certify that the resolutions attached hereto as Exhibit "A" is a true and complete representation of such resolutions which were duly adopted by the unanimous written consent of the Board of Directors of this Corporation as of February 1, 2004, and that said resolutions have not in any way been rescinded, modified or revoked, and are still in full force and effect. By: WITNESS MY HAND this 3,d day of March, 2005. Ross A. Kay Assistant Secretary KB HOME 10990 WILSHIRE BLVD LOS ANGELES, CA 90024 TEl 310 231 4000 FAX 310 231 4222 KBHOMLCOM EXHIBIT "A" KB HOME COASTAL INe. [RNERSIDE DIVISION] RESOLUTIONS ADOPTED AS OF FEBRUARY 1, 2005 RESOLVED FURTHER, that the following resolutions shall supersede and replace any and all resolutions previously adopted with respect to the powers and authority herein granted including, but not limited to, resolutions adopted as of October 1,2004, and any such prior authority is hereby revoked and restated in its entirety as follows: RESOLVED FURTHER, that the following persons, acting on behalf of this Corporation, be, and they hereby are, authorized to execute and deliver for and on behalf of this Corporation, (a) any and all documents and to take and do such acts as may be deemed by them to be necessary or appropriate with respect to the acquisition and/ or disposition of bulk parcels of real property by this Corporation, including, but not limited to, purchase and sale agreements, escrow instructions, amendments and assignments thereto, grant deeds, promissory notes, deeds of trust and related documents; (b) any and all documents, and any acts or other authority conferred upon other officers or employees of this corporation as contemplated hereinbelow; (c) any and all offers of employment for prospective employees of this Corporation having a title of Director or Manager or below; and (d) any and all other documents or agreements deemed necessary or appropriate in connection with this Corporation's ordinary course day-to-day business operations and within the general intent of the foregoing resolutions: Acting alone: Riverside Division Robert Mincer Stephen J. Ruffner RESOLVED FURTI-IER, that the signature of the President from any division of the Corporation is required on any and all disbursements in excess of $1,000 for non-contract items that are executed and delivered for and on behalf of this Corporation; RESOLVED FURTHER, that the following persons, acting alone on behalf of this Corporation, be, and they hereby are, authorized to execute and deliver for and on behalf of this Corporation any and all documents deemed by such person necessary or appropriate in connection with this Corporation's (a) land improvement and construction activities including but not limited to purchase orders and subcontracts for labor and materials; and (b) land improvement and development activities including but not limited to, easements, development agreements, applications for land development approvals and \' subdivision approvals, declarations of covenants, conditions and restrictions, subdivision and tract maps and exhibits thereto, and supporting documents; and (c) any and all other documents or agreements deemed necessary or appropriate in connection with this Corporation's ordinary course day-to-day business operations and within the general intent of the foregoing resolutions: Riverside Division Allen Barrett Scott Hansen Timothy Lokkesmoe Peter Sparks Glen Chastain Eric Hoffman Robert Mincer Michael H. Freeman Scott Huson Stephen J. Ruffner RESOLVED FURTHER, that the following persons, acting alone on behaH of this Corporation, be, and they hereby are, authorized to sign, execute and deliver for and on behaH of this Corporation (a) any and all documents required in connection with the development of real property including, but not limited to, improvement bonds, subdivision improvement agreements, subdivision maps, building permit applications and such other documents related to the permit process; and (b) any and all other documents or agreements deemed necessary or appropriate in connection with this Corporation's ordinary course day-to-day business operations and within the general intent of the foregoing resolutions: Riverside Division Allen Barrett Scott Hansen Timothy Lokkesmoe Peter Sparks Glen Chastain Eric Hoffman Robert Mincer Michael H. Freeman Scott Huson Stephen J. Ruffner RESOLVED FURTHER, that the following persons of this Corporation, acting alone on behalf and in the name of this Corporation, be, and they hereby are, authorized and empowered to take all actions and execute, deliver, file and record any and all certificates, instruments, agreements and documents as may be required or as such officer may deem necessary, advisable or proper, and in the best interest of the Corporation and its shareholders, in connection with the financing of this Corporation's land improvement and development activities, including the public facilities necessary to serve such development, including, but not limited to, (i) the formation of assessment districts or community facilities districts pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, or any other comparable or similar statute or regulation, (ii) authorizing the levy of assessments or special taxes against the real property of this Corporation by any such assessment district or community facilities district and (ill) authorizing the issuance of bonds by any such assessment district or community facilities district secured by a first pledge of the proceeds of the special taxes or assessments levied on the real property of the Corporation: Riverside Division Michaelli.Freeman Stephen J. Ruffner Scott liuson Peter Sparks Robert Mincer RESOLVED FURTHER, that the following persons, acting on behalfof this Corporation; be, and they hereby are, authorized to sign, execute and deliver for and on behalf of this Corporation any and all documents deemed by them to be necessary or appropriate in connection with the sale of residential lots by this Corporation including, but not limited to, property disclosure statements, termite reports, notices of completion, purchase and sale agreements, escrow instructions, amendments and assignments thereto; grant deeds; promissory notes; deeds of trust and related documents: Riverside Division Scott Huson Peter Sparks Robert Mincer Stephen J. Ruffner RESOLVED FURTHER, that the following persons, acting alone on behalf of this Corporation, be, and they hereby are, authorized to sign, execute and deliver for and on behalf of this Corporation, (a) any and all documents deemed by them to be necessary or appropriate in connection with the sale of residential lots by this Corporation including, but not limited to, property disclosure statements, termite reports, notices of completion, purchase and sale agreements, escrow instructions, amendments and assignments thereto, except grant deeds, in which case they are hereby authorized to sign together with any other manager, director or other officer of this Corporation; and (b) any and all other documents or agreements deemed necessary or appropriate in connection with this Corporation's ordinary course day-to-day business operations and within the general intent of the foregoing resolutions: Riverside Division Lorna Davis Saundra DeMey RESOLVED FURTHER, that Kim Adams, Director of Marketing of this Corporation, be and she is hereby authorized to execute and deliver any and all documents with respect to the marketing of residential dwellings owned by this Corporation. RESOLVED FURTHER, that the following persons, acting alone on behalf of this Corporation, be, and they hereby are, authorized to execute and deliver (a) any and all documents required to be submitted to the California Deparbnent of Real Estate ("DRE") in connection with this Corporation's preliminary and final subdivision public report process, and to support filings required to be made pursuant to such DRE requirements, (b) utility contracts and (c) applications and other ancillary documents required to obtain city and/ or county permits for projects developed by.this Corporation: Riverside Division Lorna Davis Robert Mincer ~chaelfi.Freeman Stephen J. Ruffner Scott fiuson Peter Sparks RESOLVED FURTHER, that the following persons of this Corporation, acting alone on behalf and in the name of this Corporation, be, and they hereby are, authorized and empowered to execute, acknowledge and deliver on behalf of this Corporation, any and all documents deemed necessary or appropriate (a) to convey title in and to property which comprises the common area in planned residential projects developed by this Corporation to be conveyed to each respective homeowners association and any and all restrictive covenants, conditions and easements, and any and all supplemental declarations, with respect thereto, (b) as required in connection with the development of real property, (c) as required in connection with the permitting processing with respect to such real property developments, and (d) allow the California Department of Real Estate to issue a public report; such documents to include, without limitation, consultant contracts, utility contracts, improvement bonds, subdivision improvement agreements, subdivision maps, tract maps, parcel maps, building permit applications: Riverside Division Lorna Davis StephenJ. Ruffner Scott Huson Peter Sparks Robert Mincer RESOLVED FURTHER, that any and all actions taken and documents executed by the foregoing persons prior to the date hereof pursuant to the foregoing resolutions be and they hereby are ratified, confirmed and approved. Directors: Officers: III KB HOME COASTAL INC., a California corporation [Riverside Division] Martin UghteriI1k' Jay L. Moss~ Albert Z. Praw- Martin Ughterink- StephenJ. Ruffner" Robert B. Mincer'" Peter Sparks* Kelly Allred...... Domtmico Cecere- CoryF.Cohen- William R. Hollinge"- Scott Huson* Kimberly N. King- Saundra DeMey- Ross A Kay- Joseph M. Manisco- Tony Richelieu- David B. Simons- President Executive Vice President and President, Riverside County Senior Vice President, Regional Finance Senior Vice President Vice President and Treasurer Vice PreSident Vice President and Assistant Secretary Vice President; CPO and Assistant Secretary Vice President, Finance Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Non-Officer, Specific, limited Signing Authority: Kim Adams' Director, Marketing Alan Barrett* Project Manager Glenn Chastain. Director of Development Lorna Davis..... Director, Daily Unit Processing Michael H. Freeman. Director, Forward Planning Scott Hansen* Senior Forward Planner Eric Hoffman* Director, Land Timothy Lokkesmoe* Project Manager Addresses for those listed above: KB HOME Coastal Inc. (Riverside Division) 26201 Ynez Road, Suite 104, Temecula. CA 92591 - - KB HOME Coasta1lnc. (Orange County Division) 3 Jenner, Suite 100, Irvine, CA 92618 - KB HOME Coasta1lne. (San Diego Division) 12235 El Carnino Real Suite 100, San Diego, CA 92130-2006 - KB HOME (Corporate Office) 10990 Wilshire Blvd., 4th and 6th - 8th Floors, Los Angeles, California 90024 KB HOME (Walnut Creek Office) 1333 North California Boulevard, Suite 450 WalnulCreek, CA 94596 - KB HOME Greater Los Angeles lne. 801 Corporate Center Drive, Suite 201, Pomona, CA 91768 , ValdemoBa CITY OFTEMECULA. PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND .. '. BOND #024022755 Premium: $892.00 WHEREAS, the City of Temecula, State of California, and KB ROO Coastal Inc. (hereinafter designated as "Principal") have entered Into an Agreement whereby Principal agrees to Install and complete certain Parkland Improvements, which said Agreement, dated August 22 20~, and identified as TCSD Streetseape plans for Tr. 25004 - CSDu.:S-0063, is hereby referred to and made a part hereof; and WHEREAS, Principal Is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; NOW. THEREFORE, we the Principal and Liberty Mrtml Inwrnnce Cmpmy as surety, are held and firmly bound unto the City ofTemecula, Califomia, I" the penal sum of$178,323.00, lawful money of the United States, for the payment ofsuch sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation Is such that the obligation shall become null and voId if the above-bounded Principal, his or Its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration . . thereof made as therein provided, on his or their part, to be kept and performed at the time and In the manner therein specified, and in all respects according to his or their true Intent and meaning, and shall Indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain In full force sndeffect As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, inclUding reasonable attorney's fees, incurred by City In successfully enforcing such obligation, all to be taxed as costs and Included In any Judgment rendered. R;\I<ITCHEL, Jenot\!londslCa.oc8J . KG t-IolTl.slpsrldsnd Isndsoapo fskhfUl porformsnco.doc I"sgo 1 013 The surety hereby stJpulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under orthe specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. 1/1 . R;\KJTCHEL. Jane1IBOndS103.o063 - K6 H.mes\pal1dand landscape faithful perf.rmance.d.c Page2.fJ IN WITNESSWHEREOF, this instrument has been duly executed by the Principal and Surety above named, on AU2ust 22 , 2005 (Seal) (Seal) SURE By: Joyce Herrin (Name) Liberty Ku ual Insurance Company ::INJ1;- KB HOME Coastal Inc. \? ~,"..1r ~~N (Name) ~r. \7.N...)c:rJ.. ~M~ (Title) Attorney-in-Fact (Title) By: (Name) (Title) APPROVED AS TO FORM: Peter Thorson, Clty.Attomey R;\KITCHEL Jenel\Bonds\03..ooS3 . K8 Homesl>arklend landscapa faithful porforma.nce.doc Pag. 3 of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On August 23, 2005, before me, Pamela K. Meserole, Notary Public, personally appeared Robert Scott Hansen. personally known to me (Qr ~ra'/eB te fl'le SA the 6flSis of satisfactory P\fid~nr;;e) to be the person(s}. whose nameEs-) is/are subscribed to the within instrument and acknowledged to me that he/she/the,! executed the same in his/.Iler,'tileir authorized capacity (~, and that by his/her/their signature(3]-on the instrument the person(sr, or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seat. ) . ..' . ;'~~EU' K. MEsEROLE. ( ". ....... COMM. .1519508 m ~. Notary publlc..callfornla ~ '" ! · RIVERSIDE COUNTY - J..:~.. ~~~om~:~p.~~~5:~.l ~~~ Pamela . Meserole ' - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 22, 2005 before me, Maria Pena, Notary Public, personally appeared Joyce Herrin 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 'execwted the sameiwhis/her/their authorized' i. . '.' 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. r~:)>'!;:~, MARIA PENA --~ iii ~ " COMM.#1414097 :r ~ r~. i_~c 16;~ NOTARY PUBLIC CALIFORNIA II LOS ANGELES COUNTy en L . ....... My Comm. Expires Apr 27 200.:.1 "d~ Maria pena THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTEO ON REO BACKGROUND. This Pawer al Altorney limits the acts 01 those named herein, and they have no authority to bind the Company except In the menner and ta the extent herein stated. 1791887 LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"). a Massachuselis stock insurance company I pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E.S. ALBRECHT, JR., C.K. NAKAMURA, USA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, JOYCE HERRIN, MICHA.EL R. MAYBERRY, ALL OFTHE CITY OF LOS ANGELES, STATE CALIFORNIA . . . . .................................................................................................................................................................................................. , each individually if there be more than one named, its true and lawful attorney;in-fact lomake. execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, anv.and all undertakings, bonds, rec. ognizances_and other surety obligations In the penal sum not exceeding ONE HUNDRED MILLION AND 00/100.................... . . DOLLARS($ 100.000,000.00..... . ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents,-shall be as binding upon the Company as if they had been duly signed by the president.and attested by the 'secretary of the Company in their own. proper persons. That this power is made and executed,pursuant to and by authority of the following By-law and Authorization: - .;;; o D. ., '1:1. ~:t By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: ",$ .cc .I! 'i'i!!l !en U CD That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 'O.a .... .,> =- .,'" -::I .'1:1 Iii';;; ol!! ~.. .,0 oS c'" oS .:: COMMONWEALTH OF PENNSYLVANIA ss : 2! COUNTY OF MONTGOMERY en., 1:::.... On this ~ day of Auaust , ~ , before me, a Notary Public, personally came Garnet W Ellio", to me known, and acknowledged EO.E that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above .. t Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 0'" :;; ;:. IN TESTIMONY WH ~ ~ unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year =" first above wrilien. ~ ~ONW~ < . ~ 5i '" 0 ~.A '(' .. I-. " '05 Zu ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. LIBERTY MUTUAL INSURANCE COMPANY >. '" '1:1 OJ OJ ., c .;;; ::I .c >- c '" _c -0 ~... ,.,0 .,w Ee aD. ~g -" O'<t .'1:1 ;lij OE D.", .!!o '<:0 -" _Cll oc ~., .- ., :21: -., g!.c .,0 .<:'<t _N e"l' ..N :;:::3 50 ,,- o~ 1-- Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of Auaust 2005 ByC.41V.~ Garnet W. Elliott, Assistant Secretary CERTIFICATE COO.MONWEALTH OF PENN YWAN '..._Soal,'. T....._"""'''''''''.......... ..,...."Twp.,~Cailiy.. My~_.....2il-3lll9. MemtI__..P_~tiii.~_\laIlla AuoelalJarl af Nd.~_'; BY~_ '. 'Jeresa f>~stella. Notary Publl~ -...' ,,--.. . -. I, the undersigned. Assistant cretarYofLiberty MutuallllSlJial1qe Compariy.dohereby'certify thai~~ariginalpOWElrofaliOrney of which the foregoing is a full, true and correct copy, is in flJn:tC)r.c~ and effect on tti~:~ate_.ofthi_sG,erttficate; and,L_do furt~er:ce,rtifyt_hat Uie_.officer or official who executed the said power of attorney is an Assistant-.Secretary specially authoIlzecl.bY:.the~chairman or,-ihe:. preside.n(to_:apppirrt, attorneys-in-fact as provided in Article XIII. Section 5 of the 8y.laws of LIberty Mutual Insurance Company." .' .' . This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote at the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature_ of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney Issued by the company..in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as thoug~ manUally-affixed. - IN TESTIMONY WHEREOF, I.bAv.eJ1ereunto subscribed my name and affixed the corporate seal_olthe said company., this "'"" . 'W'. . ~ . 'c"""," . :. b' . . (~,:.'o~ B~' - .(. ' .,s. Davi.M: Carey, Ass . t Secretary 22nd day of Valdemosa CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND BOND #024022755 Premium: Included with Performance Bond WHEREAS, the City of Temecula, State of Califomia, and KB HOME Coastal Inc., (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to Install and complete certain Parkland Improvements, which said Agreement, dated August 22 ,20~, and identified as TCSD Streetscape plans for Tr. 25004 - CSD03~0063, is hereby referred to and made a part hereof; and WHEREAS, under the term of said Agreement, Principal Is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temecula. to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the'State of California; and NOW, THEREFORE, we the principal and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto the City of Temecula, California, arid all contractors,subcontractors, laborers, material men, other persons employed Iii the . . . -". performance of the aforesaldAgreement and referred to inTltle15 ofthe Civil Code, In the penal sum of $89,161.00, lawful moriey of the United States, for materials furnished or labor thereon of any kind, or for amountsdiJe under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, RIKJTCHEL, JonetIBonds\03-0063 .1<8 Homoslpa,.,dand landacapo labor and malerlal. bond.doe Page' of3 including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included In any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part.( of Division 3 of the Civil Code, so as to give a right of action to them or their assigns In any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise. it shall be and remain In full force and effect. The surety hereby stipulates and agrees that no change. extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under or the specifications accompanying the same shall In anyway affect Its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specificatlons. R:\I(ITCHEL, Janel\Bonds\C3-0063 - KB Homes\pa,ldand land.oape 'sbor snd materia's bond.doc Pase2 of! IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above named, on AURust 22 , 20 05 (Seal) (Seal) SUR~: ""Ml I~,_ By: L it ),hiNv oyce Herrin (Name) PRIN/;.L JCB HOME Coastal Inc. By: , Attorney-in-Fact (Title) R. Seoll 1-bns.e1V (Name) 'S f . h-) ('(;"Jc..f J. fIo..t/l.e< (Title) By: (Name) (TItle) APPROVED AS TO FORM: Peter Thorson, City Attorney R:\KITCHe~. Janet\8ond.I03-0063 . KB Hom..\parkJand landscapo I~b.r aod malo rials bond.dOc Page 30f3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On August 23, 2005, before me, Pamela K. Meserole, Notary Public, personally appeared Robert Scott Hansen. personally known to me (or. pro.'eEl tl3 file 61'1 the basis of &3tisfact6ry eviElel'lcc) to be the person(s-) whose name~) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/Rcr/their authorized capacity (.i@s), and that by hiS/J:ler/tJ:leir signaturets} on the instrument the person(61, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1 ~ . ~ . . . . PAMELA" K. MEsERoLE. E ... . '-" COMM..1519506 m U5.' Notary Publk.c.llfoml. ~ w. RIVERSIDE COUNTY -" MyComm,Exp. Oct 1$,2008 ~~ Pamela K. Meserole .' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 22, 2005 before me, Maria Pena, Notary Public, personally appeared Joyce Herrin 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. ~ ~ ~J ~~ A'; --- \l )" . ^'. MARIA PENA :I ~ ~::~:~"'~' COMM. #14'4097 :D ~ ;;.{f;' .~. NOTAR~( PUBLIC,S ~~~~~;NIA ~ ... ~?, . LOS ANGEL 1 1\ 1:' My Comm. Ell.pireS Apf 27 'lOO7J l .".." ..,.~~ _~r~ ~~ Maria Pena THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTEO ON RED BACKGROUNO. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. 1791886 .' LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E.S. ALBRECHT, JR., C.K. NAKAMURA, LISA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, JOYCE HERRIN, MICHAEL R. MAYBERRY, ALL OFTHE CITY OF LOS ANGELES, STATE CALIFORNIA ............................................................................................................................................................................................... .; u; o Q, Ql lJ. ...11I cQl "'.!! QC .E !::", lJ::l E'" l>o '0.2 .... Ql> s::- !!~ .'tJ C'- ",<II .2e .. GiO 00 Co; ." oti "'Ql "'.. t:'" Ql - OC e"":. ...!! fE '0>- =l> ..C >0 ... 0" zi:! , 9ach individually if there be more ,than one named, its true _and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, anv. and all undertakings, bonds, recognizances and other su'rety obligations in the penal sum not exceeding ONE HUNDRED MilLION AND 00/1 OO'*Ult....lt*lt....lt*....lt.**DOLLARS ($ 100.000.000.00....*.... ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of. these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the' secretary of the Com~anyin their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law ~nd Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety 80nds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company, When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact Pursuant to Article XIH, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of Auaust 2005 LIBERTY MUTUAL INSURANCE COMPANY ~ lJ III III Ql C '(ii ::l .c >- C .. _C -0 fh- >-1/) ..W Ee OQ, =0 <e.., -" 0"- ~'C ..C ;:.. Oe D... .!!o .co -" _Ol Oc >-Ql ~! =Ql ~.c ..0 .c"- _N e"l' ~N .-.., -co 50 u.... OlD .....:. COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY Bye 4 /A/ _ a.r-...5tA:- Garnet W. Elliott, Assistant Secretary On this ~ day of Auaust , 2005 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH P. _ ~ unto s~~~~bed my n.!lm~_::~d,:atfi~~d my notariat_~,~.al at ~Iy~_?u.t~ ,ty1eetirl~~ Pennsylvania, on the day and year first above written. <1;' "..ONW~ < ....... ...... .'. .'. .... Iii ov- .,.~":..__'<.,;.; < .. -c"oMMoNW.. E..AL...1HOF PE. N YLV.N<... IA . _::.:--...:.:.... A..................':..:........ . fl. '.' '.. 1-." OF~ 'V T""'=~""" .'. . ....~.. ~ ~ _T.....~Carty.... Y ..' . ~. 1t My~_Met.211,2:ii9Teresa Pasteila, Notary PUbl,c ~VfttsyL"~~.e ......... r''''''''~.'''''''~.' d "'",,,. 'i4RY~.'..""" ..... ........ ............ ".".'. ......... I, the undersigned, Assistant ecretary':of_qberty Mutualln~lI~a.ncl3: Gompany,~d<?-hereby.:certify that":tD~..original"p()wer-_of attorney of which the foregoing is a full, true and correct copy, is in fulI,:fqrce and effect onth.e,;dat~-:of-Jhis.-ce~ificate; and)-._(j.o furthE;lr-ce)tify'thalt,he:officer or official who executed the said power of attorney is an Assistant"S~cretary specially authO"lji~(tby:th-e.chairman 0{~e:preside:f11:,t6.:l:ippo.ir1t-_attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Uberty Mutual Insurance Company,' .... CERTIFICATE This certificate, and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting.duly called. and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certi!ied copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed, IN TEK~'~l?s"1:! WHERE:F'2()tr~ h.ereunto subscribed my name and affi~ed the corporate seal of the said company, this "'~" ~ f' . .""-<<,. , ~ ,~'" g By ~~ ~ , ~ Dav, M. Carey. Ass t Secretary 22nd day of ,- Liberty Mutual Surety Bond Number 024022755 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underWritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by anyone or more of the Issuing . Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 11/15/04 Valdemosa CITY OF TEMECULA PARKLAND/LANDSCAPE WARRANTY BOND BOND 11024022755 Premium: Included with Performance Bond WHEREAS, the City ofTemecula, State of Califomla (hereinafter designated as .CIty"), andKB HOME Coastal Inc. (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to Install and complete certain designated Parklandlmprovemehts, which said Agreement, dated August 22 20~,and identified as TCSD Streetscape plans for Tr. 25004 - CSD03-0063, is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective worl< or labor done or defective materials furnished, in the amountoften percent (10%) of the estimated cost of the improvements; NOW, THEREFORE, we the Principal and Liberty Ihtml I:nsurmx:e CaIpmy as surety, are held and firmly bound unto the CityofTemecula, Califomia, in the penal sum of $17;832.00, lawful money of the United States, for the payment of such sum well and truly to bernade, webirid ourselves, our heirs, successors, executors and . . administrators; jointly and severally. The conditionofthis obllgationis such thatthe . . obligation shall become nullandlioid ifthe above-bounded Princlpal,his or ItS heirs, .' . executors, administrators, successors, or assigns shall In all things stand to, abide by, weil and truly keep, and perform the covenants, conditions, and prOvisions in the Agreement and any alteration thereof made as therein provided, on his ortheir part,to be kept and performed at the time and in the manner therein specified. and In all R;\KITCHEL, Janel\Bonds\03'OOS3 - KB Homes'flalldand landscape Warranty Bond 1.doc Page , 013 respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain In full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be Included costs and reasonable expenses and fees, Including reasonable attorney's fees, Incurred by City in successfully enforcing such obligation, all to be taxed as costs and Included in any jUdgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed hereunder or the specifications accompanying the same shaH in anyway affect its obligations on this bond, and It does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R:\KITCHEL, Janet\Boncls\03-0063 - KB Homes\parkland landscape Warranty Bond 1.dor: Page 2 of! IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on August 22 ,20..,QL. (Seal) (Seal) SURETY Liberty Mutual Insurance ~-' 4f . By: . if-tl ~~ Joyce Herrin (Name) :;INnL KB HOME Coastal Inc. 'R- s.C-<JTr ~s.u/ (Name) Attorney-in-Fact (TItle) ~J. h,rwH'cl T~ (Title) By: (Name) (Title) APPROVED AS TO FORM: Peter Thorson. City Attorney R:\KITCHEL, Janel\Elonds\03-0063 . KB Homeslllarldend lendscape Wartllnly Bond l.do. Page 3 013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On August 23, 2005, before me, Pamela K. Meserole, Notary Public, personally appeared Robert Scott Hansen. personally known to me (O""I'lvvI:J tv "'1: VII thl: bas;s of ~"tjsf.actgIY e"jd~nc'il) to be the person(~ whose name(~ is/Clfe-subscribed to the within instrument and acknowledged to me that he/si:1e/tAcy executed the same in his/Aer./tAcir authorized capacity (i~, and that by his/her/their signature(~ on the instrument the person(.s}, or the entity upon behalf of which the person(-&) acted, executed the instrument. WITNESS my hand and official seal. J' - - .~~. PAMEU"K. MESEROLE-l ~ ~ COMM. '1519508 m en ... Notary Publlc-C.llfomla se W RfllERSlDE COUNTY -. J. . . y. . . ~yComm.Exp.Oct 15: 2.0~8 .1 ~ ~ Pamela K. Meserole CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 22, 2005 before me, Maria Pena, Notary Public, personally appeared Joyce Herrin 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. Maria Pefia THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. 1791885 LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Compeny'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E.S. ALBRECHT, JR., C.K. NAKAMURA, LISA L. TIiORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, JOYCE HERRIN, MICHAELR. MAYBERRY, ALLOFTHE CITY OF LOS ANGELES, STATE CALIFORNIA . - - . ......................................................................................................................................................-.....,;..................................... . each individually if there be more "than one named, its true and lawful attomey~in-fact to make, execUte, seal, acknowl~dge and deliver, for and on its behalf as surety and as its act and'deed, anvand all un.dertakings, bonds, ree. agnizances and other-surety obligation.. s. in,the penal sum not exceeding ONE HUNDRED MilliON AND 00/100.................... . . 'DOLLARS ($ 100.000,000.00..... ) each, and Ihe execution of such undertakings, bonds, recognizances and other surety obligations, in 'pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary-of the Com~anyin their own proper persons. . . . That this power is made and executedpu'rslJant to and by authority of the following By-law a.nd Authorization:: .; 'iij o a. o '0. ~:3 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Ill.!! J:\C ...:l! :a~ !c:n U CD That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. '0.2 ..Ill ..> =- Olll -::I .'0 ;'iij o! -:.. 00 oS CIll ai':: COMMONWEALTH OF PENNSYLVANIA ss mOl COUNTY OF MONTGOMERY Ill! ~ S On this ~ day of Auaust , 2005 , before me, a Notary Public, personally came Garnet W Elliott, to me known, and acknowledged ~.5 that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above .. J!f Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. Olll :; ;;. IN TESTIMONY WH P. ~ unto subscribed my name and affixed my notarial seal al Plymouth Meeijng, Pennsylvania, on the day and year = u first above written. ~ ~ONWiq lHi ~8 .... 0" zi:l ARTICLE XIII- Execuijon of Contracts: Section 5. Surety 80nds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shaH appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in~fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. CERTIFICATE COMMONW AtJH OF PENN. LVANIA ...-,_SeaI T~Pio1oIo.NoIalyl'ltllli:.... ......."T...._Co<iII\'. My~"""""'Mar.2S,llll9 '.. M~.J'~rJii$rlvtniaAUOcI.1lloflol N~.rw.e BY~ '.Te. r6saPaste.lla, Notary PUb.ll" '.' - . ~ ... '.-" ~ ,;. .. 'D '" '" " C 'iij ::I .<l >- C III _c -0 ~1- >00 alW EE ,ga. cd~ -" 0" ..'0 alC ;;:Ill Oe 0. III .!!o '<::0 .. " _0> Oc ';:-0 '6~ .-- -.. !:J:\ alO .<::" ..N e'l' ..N :O::l;l 50 u.... OCD t-~ Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Uberty Mutual Insurance Company, is hereby authorized to appoint such attorneys.in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of AUQust 2005 LIBERTY MUTUAL INSURANCE COMPANY By9...4- //./- ~ Garnet W. Elliott, Assistant Secretary I, the undersigned, Assistant ecret8_ry-,'~fi~b_erty Mutuall~:~~r~tK:~ Comp~rly;::~-hereb~<~9rtify th~t,:'~':9riginal, P9w~:r::'~{attorney of which the foregoing Is a full, true and correct copy, is in fu_IIJq~e_~ and effect on-th~::dat$.-of.tl1is:~hlficate; and-:tdo furtJie~_6ertifYJfiat-t1i9officer or official who executed the said power of attorney is an Assistant'-Secretary specially autho~fz~djjy.:.thechairman orthe.presidef1t-tO::~ppoint-'a.tt6rneys.jn-fact as provided in Article XIII, Section 5 of the 8y-laws of Liberty Mutual Insurance Company,' . . .,,'.' . This- certificate and,the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. . . VOTED- that ,ttte facsimile, or mechanically: reproduced signature of. any~ssistant 'secretary of the ,company, wherever. appearing upon a certi_tied copy of any power of attomeyissued by the company .in connection .wIth surety-bonds,shall be valid and, binding,upon the company with the sal"fleforce and effect as though man~ally affixed.' . ,- . . - . . IN TA~;';!~~~Y WHERE~F, I t>t1'J'H!fraunto subscribed my name and affixed the corporale seal of the said company, this S..~,.<,. ~ ' . . , - ~'~1O~ By ( ~ ""..,".~ . ~ " .~ Davt M. Carey, Ass Secretary 22nd day 01 Liberty Mutual Surety Bond Number 024022755 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (fonnerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that Is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by anyone or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 11/15/04 Suretv Bond Review The attached surety bonds (Liberty Mutual Insurance Company) have been reviewed. (KB Home) Bond # $ 178,323.00 89,161.00 17,832.00 ~ surety company is an admitted company in the State of California ~mitted company was verified at www.insurance.ca.gov/docs/fs/admitted.htm 024022755 OThe surety company is not an admitted company in the State of California Surety bond reference is A.M. Best 2005 version 071400 (A:XV) Verified by: g(~~ "'(jus pagolos, Fiscal Services Manger Approved As to Form: Peter M. Thorson, City Attorney . CornJ"any Profile Company Profile Page I of2 LIBERTY MUTUAL INSURANCE COMPANY 175 BERKELEY ST BOSTON, MA 02116 800-262-8238 Agent for Service of Process JERE KEPRlOS, CIO CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAlC #: NAlC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 23043 0111 1022-3 August 30, 1929 UNLIMITED-NORMAL Property & Casualty MASSACHUSETTS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER httn.//rrlin.www.in.nrnnr..rn.."v/nl./W11r"nmf/irlhr."nmfnl1....tr"nmf."lnF.TD=10QO OR/10/?OO<; ITEM 3 APPROVA CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: Board of Directors ~ Herman D. Parker, Director of Community service~ September 27,2005 TO: DATE: SUBJECT: Ronald Reagan Sports Park Monument RECOMMENDATION: That the Board of Directors approve in its substantial form, the conceptual master plan for the Ronald Reagan monument and its installation at the Ronald Reagan Sports Park. BACKGROUND: At a speech presented by President Ronald Reagan several years ago he mentioned the great volunteer spirit the people of Temecula have in building a sports park in the community. In honor of President Reagan and his comments regarding our community, the City Council renamed the Sports Park the Ronald Reagan Sports Park. Over the last several months the Friends of the Ronald Reagan Sports Park, a local non-profit organization, have been raising funds to design, develop and install a public art monument at the sports park to honor President Reagan and the volunteer spirit of this community he mentioned. The Friends of the Ronald Reagan Sports Park have been working with Mr. Christopher Pardell to develop a conceptual master plan for this monument. The monument is proposed to be installed on the grassy area of the sports park adjacent to the west side of the restroom/snack bar facility off of Rancho Vista Road. The monument features a large planting area with bronze sculptures of men and women working towards the development of the sports park. The planting area is covered with a variety of shrubs and flowering plants. A large masonry wall meanders the memorial; that will contain the words President Reagan mentioned at his speech several years ago. On the north end of the monument stands a bronze statue of President Reagan leaning against a shovel with cowboy hat in hand. A row of concrete benches are adjacent to the monument to the north side of the memorial. The memorial is planned to be developed in two separate phases with all funding for the monument coming from the Friends of the Ronald Reagan Sports Park. The City may contribute towards minor site preparation costs, irrigation alignment and other minor improvements. The City Council sub-committee consisting of Council Member Mike Naggar and Council Member Maryanne Edwards, have met with Mr. Perry Peters representing the Friends of the Ronald Reagan Sports Park to discuss and review the proposed monument. The sub-committee members found the memorial to be attractive and suitable for the park setting is proposed to inhabit. They encouraged staff to move this item forward for the Community Services Commission's review. This conceptual master plan was approved by the Community Services Commission at their regular meeting held on Monday, September 12, 2005. R:\ZIGLERG\REPORT\092705 BOD ronald reagan sports park monument.docR:\ZIGLERG\REPORT\092705 BOD ronald reagan sports park monument.doc FISCAL IMPACT: The cost of design, construction and installation for this monument will be the responsibility of the Friends of the Ronald Reagan Sports Park. The City ofTemecula may provide minor concrete work and site preparation for the installation that should not exceed $25,000. R:\ZIGLERGIREPORT\092705 BOD ronald reagan sports park monument.docR:\ZIGLERGIREPORT\092705 BOD ronald reagan sports park monument.doc Proposed Design for a Monument in Two Phases, at Ronald Reagan Sports Park in The Cio/ of Temecula By Christopher Pardell Design Aspect After visiting the site and giving careful consideration to both the scale and ambience of the park setting. and the purpose of the installation. I came away with several impressions that guided my design choices. The Intention of the installation is to honor the citizen volunteers and public effort that contributed to the creation of the Sports Park, and to link this Image to the park's namesake. Ronald Reagan, and his Inspiring message of communio/ Involvement. Being built In two phases, the first phase will have to stand on Its own until the second phase can be built. The proffered site Is In a sloping gras~ area adjacent to the baseball diamonds and near a small structure housing public washrooms. On a busy day, this area full of actlvlo/. with little league teams. soccer teams. parents and siblings In constant motion. After observing this activio/ on a !}'plcal day. it became apparent that any artwork sited is this space would have to address the flow of traffic in and around the site. Overall, due to the nature of the site and the activities it supports, the space calls for an artwork that is Informal In design and Intimate In comDositlon. Physical Aspect A fami!>' is working on the landscaping of a public space In their community. 'This Is the central image of the artwork and forms the entirety of the phase one build. The Father Is digging a hole, and glancing up the hill as his Son drags a five gallon tree over to be planted. The figure of the Son gazes up at his Father with admiration. Farther down the hili Is the Mother, who, reaching for another potted flower to plant, pauses to look with pride over what they have accomplished through their efforts. And the young Daughter is lost in the simple delight of helping a little sapling take root. Rather than a large plinth reQuiring significant excavation and foundation work, I have opted for creating a "virtual" plinth by siting the figures in an island of plantlngs that float in the grassy embankment. The dark earth, the perimeter mow strip, and the colors and forms of the plants tie the figure together visuallY, creating the same visual impression as a structural plinth. The tableau that has no specific 'front'. - From every side one or another of the figures becomes the focal point, maintaining Interest from all viewing angles, and drawing the viewer into the space. Looking West from the Washrooms A short wall rises from the apex of the planted area, and Is covered on both sides with granite. Into one side of this granite 'stele' is engraved an inscription honoring the Citizens of Temecula who contributed, both physicallY and financial!y. to the construction of the park. On the reverse side of the wall there will be room to etch the names of as many donors as are desired to honor in phase one construction. The Mother and Son's pots are cast in bronze and configured In such a way as to prevent the plants in them from getting too large. Addltlonal!>,- the little girl will be mounted onto a foundation that will have a builtin concrete "planter" to help contain the plant she Is loving!>, setting in place. Dwarf species will be chosen for these spots. Phase One Looking South From the Parking Lot Phase one will Focus on the Families of Temecula, the casting of 4 liFe size figures in bronze. installation of the primary lighting For the site as well as irrigation and landscaping. Phase two will add just one more figure in Bronze... that of Ronald Reagan. j Phase One Looking North from the Sidewalk Below . Phase Two In the second phase we will add the Rgure of Ronald Reagan. .In keeping with the theme of the work, Reagan will be portrayed in the jeans and cowboy hat that he was orten seen wearing as he worked on his ranch, culling wood. clearing trails. The short wall built in phase one becomes just one section of a sweep of wall that runs from the fami!>, group of phase one, up and around the figure of Reagan. The wall serves several purposes. It is an abstract element that links the two Images. while at the same time separating the figure of Reagan onto a separate. higher and more exalted plane than the fami!>' group below. It frames the figure of Reagan and leads the viewers <:res from the image of the former president to the efforts of the fami!>' working below. A similar black granite stele rises behind Reagan at the other end of this curving wall form. On the sculpture side of this stele is another Inscription, a Q.uote from Ronald Reagan regarding the Importance of citizens becoming involved in the process of communi!)'. On the other side is an inscription reading, "Ronald Reagan Sports Park". Practical Aspect The wall also serves to control movement across the slte- deflecting the bathroom bound traffic to the south and around, " rather than through the artspace. In the Island of calm this creates. at the top of the site, we will install a curvilinear sealing bench for visitors to the site. The shape of the wall and slling of the benches offer unobstructed views of the baseball fields beyond. Addltonal!y - There Is space for a falr!y mature tree In the area near the benches- as shown. The tree will be chosen for a wide canopy. so that It can be a source of shade to the visitors. The entire work Is designed to reQ.Ulre minimal assistance from the Cio/ in construction, avoiding the need for competitive bidding. The concrete foundations for each of the figures will be minimal and concealed below grade. By preserving the grassy lawn we avoid both the cost of concrete walkways and the code reQ..ulrements for grade. The 'vlrtual' plinth of the planted area is at grade and so does not present a climbing hazard. The plants will be selected and sited to offer a dls-Incentlve for children to approach the figures and climb on them. however, the figures have been composed such as to olTer as little hazard as possible. The curving wall and stele will have a slanted top surface to discourage children from sitting or walking on it. ITEM 4 APPROVA CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: Board of Directors Herman D. Parker, Director of Community services& September 27,2005 DATE: SUBJECT: Old Town Temecula Community Theater Auditorium Naming RECOMMENDATION: That the Board of Directors consider a recommendation from the Community Services Commission to name the auditorium of the Old Town Temecula Community Theater the "Rancon Auditorium". BACKGROUND: Over the past few weeks staff has met with representatives from the Theater Foundation who have requested that the City honor the contributions by Dan and Beverly Stephenson by naming the theater facility the "Rancon Theater". The Stephenson's have generously contributed approximately $400,000.00 towards the construction of the theater. This item went forward to the Community Services Commission at their September meeting. The Commission strongly supported honoring Dan and Beverly Stephenson for their significant contributions to the theater and cultural arts in the valley, however they suggested that the auditorium be named as opposed to the theater complex, which was previously named by the City Council in August of 2001. The Commission's recommendation was to name the Old Town Temecula Community Theater auditorium "Rancon Auditorium". The Theater Foundation recognizes the theater complex was already named by the City Council. They also recognized that all media, promotional materials and advertising will carry the name of the facility, which is the Old Town Temecula Community Theater. It is their hope however that by naming the auditorium, this would provide recognition to the Stephenson's for their outstanding contributions. FISCAL IMPACT: The cost for construction and installation of the sign is expected to be approximately $5300 and these improvements will be completed by the Theater Foundation. R:\ZIGLERGlREPORTl092705 BOD Theater Auditorium Naming.doc RESOLUfION NO, CSD 92-08 A RESOLUI10N OF TIlE BOARD OF DIRECTORS OF TIlE TEMECULA COMMUNITY SERVICES DISfRlCT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES WHEREAS, on Apri123, 1991, the Board of Directors (the "Board") adopted a policy for naming parks and recreation facilities; and WHEREAS, the Community Services District and the Parks and Recreation Commission r~uests that the aforementioned policy be adopted by resolution; NOW, 11IEREFORE, TIlE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RFSOL VE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit . A. is adopted establishing a uniform policy and procedure that identities criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. .r.;t ~$L Ronald J. Parks. President A TIEST: R.... CSD 92-01 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) S5 CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vole. AYES: S DIREcrORS: Birdsall, Moore, Lindemans, Muiioz Parks, NOES: 0 DIRECTORS: None ABSENT: 0 DIREcrORS: None ~.~ une S. Greek, C' Clerk ::,1 R.... cso 91-01 -. . . Exhibit "Au TEMECULA COMMUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation cOlIIIDission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Oirectors for ratification. staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a name which might be perceived as controversial by the community. All names selected shalJ, be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall.'be named for a person, except where an individual has made a si~nificant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the commission to receive community fnput and direction. No name shall be changed unless there is significant justification and support by the community. . ' RESPOl'iSllill.ITY Department Parks and Recreation Commission Department .:;~ ACUQN 1. Acquires a new park or recreation facility. 2. Solicits possible names from community. 3. Forwards suggested names to the Parks and Recreation Commission for consideration. 4. Receives any additional community input. 5. Selects a name for the new park or recreation facility. 6. Forwards name to City Council for ratification. 7. Installs the appropriate naming sign or plaque. TCSD DEPARTMENTAL REPORT REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY SEPTEMBER 13,2005 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:30 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS Comerchero, Edwards, Washington, Naggar and Roberts ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 23, 2005. 2 Financial Statements for the Fiscal Year Ended June 30. 2005 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 2005. MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency Member Naggaf seconded the motion and electronic vote reflected unanimous approval. Due to a conflict of interest, Chairman Roberts removed himself from the dais. JOINT CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING 3 Third Amendment for Habitat for Humanity of the Inland Valleys. Inc. HousinQ Proiect RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: R:\Minutes\091305 RESOLUTION NO. 05-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND HABITAT FOR HUMANITY 3.2 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 05-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND HABITAT FOR HUMANITY 3.3 That the Temecula Redevelopment Agency authorize an additional $100,000 to cover the cost of the off-site improvements on Pujol, First, and Habitat Way. Redevelopment Director Meyer provided a brief staff report (of written record), noting that $2 million have been allocated in the current Capital Improvement Program for affordable housing and that in the next year, another $1 million dollars will be available. There being no speakers, the public hearing was closed. MOTION: Agency Member Naggar moved to approve Item NO.3. Agency Member Edwards seconded the motion and electronic vote reflected unanimous approval. At this time, Chairman Roberts returned to the dais. EXECUTIVE DIRECTOR'S REPORT No additional comments. AGENCY MEMBERS' REPORTS No additional comments. R\Minutes\091305 2 ADJOURNMENT At 8:35 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 27, 2005 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\091305 3 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: Executive Director/Agency Board John Meyer, Redevelopment DirectoJ~ September 27, 2005 SUBJECT: Old Town Parking License Agreement - Munyon RECOMMENDATION: That the Temecula Redevelopment Agency adopt an Old Town License Agreement between the Temecula Redevelopment Agency and Dennis Munyon. BACKGROUND: On October 4, 2005, the new Old Town Temecula Community Theater will open. In anticipation of this, the City has looked for ways to expand public parking opportunities in Old Town. One alternative is to work with property owners to lease existing off- street private parking lots for public use. Staff has negotiated a License Agreement with Dennis Munyon for use of a 33 space parking lot located at 28581 Old Town Front Street. The parking lot is accessed off 4th Street and is adjacent to the north side of the Theater. Mr Munyon's property contains a two story office building. This use, which is predominately a 9-5 weekday operation, allows for a good opportunity for a shared parking arrangement. The license agreement provides public access to the parking lot from 5:00 pm to midnight Monday through Thursday and from 5:00 pm Friday through midnight on Sunday. Mr. Munyon will receive $8,200 per year for the License. The License also provides for the City to place temporary signage during events adjacent to the parking lot indicating its availability for public use. FISCAL IMPACT: The $8,200 annual license fee will be funded from the Agency's Old Town Implementation line item budget, which has adequate funds. Attachment: License Agreement R:\Oldtown\Temecula Playhouse\Ucense Agreement Parking Mur1yon.doc & o 25 50 OLD TOWN PARKING LICENSE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE AGENCY OF TEMECULA AND DENNIS G. MUNYON THIS LICENSE AGREEMENT is entered into by and between the Redevelopment Agency of the Agency of Ternecula, a pubic body, corporate and politic ("Agency"), and Dennis Munyon ("Owner") and is made as of September 27, 2005. In consideration of the mutual agreements contained herein, the parties hereto agree as follows: I. Right to Use the Property. Owner is the owner of a parcel of real property in the Agency of Ternecula located at 28581 Old Town Front Street in Old Town Temecula, which is described on Exhibit A, attached hereto and incorporated by this reference (hereafter "Property"). Owner hereby grants a license to the Agency to use the Property for the parking of vehicles in Old Town Ternecula, between the hours of 5:00 p.m. and midnight Monday through Thursday of each week and from 5:00 pm Friday through midnight on Sunday of each week, subject to the terms and conditions of this Agreement. 2. Term of License. The term of this License Agreement shall be from October 1,2005 to September 31, 2008. Either party may terminate this License Agreement, with or without cause, on six (6) months prior written notice to the other. 3. License Fee. City shall pay to the Owner the fee of$8,200 dollars annually for the license. The first year will be entirely in advance and subsequent years will be paid per calendar quarter in advance. Owner hereby acknowledges payment of the fee for the first year. Said fee shall be due and payable thereafter on or before the first business day following the end of each calendar quarter. 4. Responsibilities of the Parties. a. Owner shall, at its expense and effort, cause the Property to be maintained in a neat, clean and safe condition during its use. b. Agency shall comply with all applicable local, state and federal laws, ordinances, rules and regulations in the conduct of its operations on the Property. c. Agency may use the property for the parking of vehicles, including, without limitation, public parking, reserved parking, or valet parking. d. Agency shall be authorized to place a temporary sign or signs on the Property and areas adjacent to the Property indicating that the Property may be used for public parking on the day of the event. e. Agency shall not modifY the paving or the striping on the Property, but shall be authorized to place traffic cones, traffic delineators or similar traffic control devices on the Property in order to control the flow of traffic. R:\Oldtown\Temecula Playhouse\Tem OT Parking License Agreement2Rf>A.DOC 837683.1 September 20, 2005 f. Agency shall not directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any lien, encumbrance or charge ofthe Property, or any part thereof. 5. Indemnification. Agency shall defend, indemnifY and hold Owner, and its officers and employees, harmless from all costs (including reasonable attorneys fees and costs), claims, demands, mechanics liens, liabilities or judgments for injury or damage to property and injuries to persons, including death, which may be caused by any of the actions or inactions of the Agency or users of the Property pursuant to this License Agreement, whether such actions or inactions or use be by Agency or any person directly or indirectly employed or contracted with by the Agency and whether such action shall accrue or be discovered before or after termination of this Agreement; provided however, Owner shall be responsible for and shall indemnifY the Agency, City of Ternecuila and their officers and employees for such claims, demands, mechanics liens, liabilities or judgments for injury or damage to property and injuries to persons, including death, which may be caused by the active negligence of the Owner. This section shall survive termination of this License Agreement. 6. Assignment. Agency shall not assign its interest in this Agreement or in the Property to any person or entity without first obtaining the Owner's written consent, except that consent shall not be required for the Agency to assigned this Agreement to either the City of Temecula or theTemecula Community Services District. 7. Notice. 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: Owner: Dennis Munyon 945 N. Los Alisos Road Fallbrook, CA 92028 Agency: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 Attention: Executive Director 8. Interpretation. Each party had the full opportunity to participate in the drafting of this Agreement and, therefore, the Agreement shall not be interpreted against any party on the ground that the party drafted the Agreement or caused it to be prepared. 9. Authority to Enter Into Agreement. Each person signing below personally warrants and represents to the Agency that the Owner has approved this License, R:\Oldtown\Temecula Playhouse\Tem OT Parking License Agreement2WADOC 837683.1 September 20, 2005 intends to be bound by its terms and that they are duly authorized to execute this License Agreement on behalf of the Owner. 10. Legal Remedies; Attorney Fees. Each party shall have all remedies as may be allowed by law or equity to enforce its rights in this Agreement. No legal action shall be filed by one party against the other party until such time as the other party has received the notice of default as provided in this Agreement. Any such action shall be filed in Riverside County, California. The prevailing party in a court action shall be entitled to reasonable attorney's fees and costs. II. Entire Agreement. This Agreement and any documents attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and supersede all oral or written negotiations and prior writing in respect to the use of the Property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Shawn D. Nelson Executive Director ATTEST: Susan Jones, CMC Agency Secretary APPROVED AS TO FORM: Peter M. Thorson General Counsel R:\Oldtown\Temecula Playhouse\Tem OT Parking License Agreement2IW>A.DOC 837683.1 September 20, 2005 OWNER By: Name: Title: By: Name: Title: rSij!natures of two officers of Owner ReQuiredl R:\Oldtown\Temecula Playhouse\Tem OT Parking License Agreement2~A.DOC 837683.1 September 20, 2005 EXHIBIT A DESCRIPTION OF PROPERTY SUBJECT TO UCENSE 837683.1 September 6, 2005 5 EXHIBIT A PARCEL I: LOTS I TO 8 INCLUSIVE IN BLOCK 26 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. NOTE: A CERTIFICATION OF PARCEL MERGERING LOTS 6, 7 AND 8 WITH PARCEL 2 DESCRIBED BELOW WAS RECORDED AUGUST 5,1986 AS INSTRUMENT NO. 186299, OFFICIAL RECORDS. PARCEL 2. THE SOUTHEAST 30.00 FEET OF LOTS 9, 10 AND II OF BLOCK 26 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOKI5, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. R:\LEGALDESCRIPTIONSIMUNYON.doc RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: John Meyer, Redevelopment Director DATE: September 27,2005 SUBJECT: Monthly Departmental Report Attached for your information is the monthly report as of September 27, 2005 for the Redevelopment Department. First Time Homebuvers Proaram Funding in the amount of $100,000 is available for FY 05 -06. Residential Improvement Proarams The program budget for FY 05-06 is $250,000, with $54,600 funded on 9 units. The amount available to each participant increased from $5,000 to $7500. Habitat for Humanitv Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to develop a home-ownership project within the Pujol Neighborhood. The project located on the northwest corner of Pujol and First Streets, will consist of 5 new single-family detached homes. The houses are arranged along Pujol Street and a private lane. Habitat has resubmitted final grading plans, street improvements and final map to Public Works for review. On September 13, 2005, the Council amended the DDA to increase funding for the offsite improvements and contribute an additional lot that will yield two additional home sites. Dalton Mixed-Use On May 28, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project will consist of 24 units over 5,000 sq. ft. of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes. R:\SYERSKIMONTHll VlsepOS.doc Facade Improvement/Non-Conforming Sign Prooram The following facade improvement/sign projects are in process or have recently been completed: . Temecula Olive Oil Company Facade Improvement Program . Texas Lil's Facade Improvement Program · Old Town Coffee House Facade Improvement Program Old Town Promotions/Marketino Hot Summer Fridav Niohts/Main Street Saturdav Nights "Hot Summer Friday Nights" kicked off it's annual series of events in Old Town July 8. The Friday nights featured entertainment adventures with live bands, games and prizes for the children, a rock wall, Dynamite Dave and free family fun under the stars. Each Friday featured a new theme, varying form Blues, Rocking Cajun, Steel Drum, Jazz and Power Rock from 6:30 to 11 p.m. Froggy Jump and a mini-midway with games for the kids were also part of the family fun. Friday Hot Summer Nights were held every Friday through August 26. On Saturday, July 16, a new concert series was introduced to Old Town, "Main Street Saturday Nights in Old Town Temecula." Live on stage, Saturday, July 16 at the Main Street Bridge, was the country performance of the Drew Davis Band, Brian Lynn Jones & the Misfit Cowboys, and Dave Stamey. On Saturday, August 20 Saturday Nights on Main Street featured the Witcher Bros. and Silverado Bluegrass on August 20, and the finalee Blues Saturday on September 17 which featured BB Chung King and the Buddhaheads, and Aunt Kizzy'z Boyz. Individuals dining in participating restaurants in Old Town Friday or Saturday during these concert weekends received preferred seating with their Old Town arm band. On Saturday, September 24, the Redevelopment Agency will be sponsoring the Old Town Temecula Antique Street Faire. Dealers from local antique malls, as well as Southern California-based dealers will be on display. Appraisals by certified antique appraisers Bill and Carol Kearney, were available at Fourth Street Antiques from 10 a.m. to 4 p.m. Grandpa's Attic displayed antique furniture, furnishings, glassware, toys, jewelry and lines. Upcoming Events Upcoming events will include the Quilt Show on October 1, Howl-o-ween in Old Town, October 29 and 30, Erie Stanley Gardner 4,5, and 6 and Christmas in Old Town, November 19 through December 18. ITEM 1 0 CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Genie Roberts, Director of Finance DATE: September 27,2005 SUBJECT: Citywide User Fee Increase Karin A. Grance, Revenue Manage~' PREPARED BY: RECOMMENDATION: That the City Council adopt the following resolution: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN INCREASE IN CITYWIDE USER FEES BACKGROUND: In August 2002, the City contracted with Maximus, Inc. to conduct a detailed cost of services study of user fee activities throughout the City. User fee services are those services performed by a governmental agency on behalf of a private citizen or group. The assumption underlying most fee recommendations is those costs of services benefiting individuals-and not society as a whole-should be borne by the individual receiving the benefit. Setting user fees in government is like establishing prices for services, but making a profit is not the objective for local government in providing services to the public. The intent of the study was to determine the full cost, including all legitimate direct and indirect costs, associated with providing each service. Direct costs include support from other departments and indirect costs include citywide overhead rates. The study used three methodologies in determining the cost for service. They are NEXUS, MAXFEE and Cost- Recovery. The NEXUS methodology, which is designed to establish a strong connection, or nexus, between project cost and fee levels (revenues), was used in determining the Building and Fire fees. MAXFEE was used for the other department's fees for service. This method is a unit cost "build-up" approach to calculating cost components with the assistance of specialized software. The Cost-Recovery approach along with MAX FEE was used due to the programmatic nature of activities that occur in the Community Services Department. The study addresses the different types of methodology in greater detail. Since this study reflects costs that will change over time, it is recommended that the fees be updated periodically to account for these changes. Three alternatives are presented in the study to include: an annual update, CPI factor, and City Labor Cost. In May 2004, the City Council adopted Resolution No. 04-56, Establishing and Imposing New Citywide User Fees, effective July 1, 2004. After implementation of the new user fees, R:\Agendas\OS Agendas\Staff Report. Updated User Fees.doc additional resolutions were adopted as a result of fees that were omitted, minor clerical errors, and changes in business practices. As we approach a year after the last resolution was adopted, the City needs to implement the annual adjustment factor to stay current with rising costs. Staff is recommending using the Consumer Price Index (CPI)-AII Urban Consumers-Los Angeles, Riverside, and Orange County- CA for the twelve month period prior to April 1 of the year in which the change will be effective as the means for updating the fees on an annual basis. The CPI for the twelve month period prior to April 2005 is 4.8%. With the City Council approval of the attached fee increase resolution, the implementation date of the new fees will be November 26, 2005. Staff is not proposing an increase in Home Occupation permit fees, Architectual Plan Review permit fees, Telecommunication Application Review permit fees, Temporary Use Permit fees (TUPs), and Water Quality Management Plan (WQMP) deposits. Mobile Home permit fees follow the State of California Title 25 schedule of fees. Therefore, the increase does not apply to these fees. FISCAL IMPACT: The impact of the 4.8% increase on existing fees in the Community Development Divisions will result in an estimated additional $140,000 in revenue for the remainder of the fiscal year. ATTACHMENTS: (1)Resolution No. 05-_ (Adopting an Increase in Citywide User Fees) (2) Updated Citywide User Fee Reports R:\Agendas\05 Agendas\Slaff Report. Updated User Fees.doc RESOLUTION NO. OS- _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN INCREASE IN CITYWIDE USER FEES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council finds, detenmines and declares that: a. The City Council of the City of Temecula adopted Resolution No. 90-81 a Consolidated Schedule of Fees for Land Use and Related Functions on July 24, 1990 that were consistent with the fees charged by Riverside County. b. The City Council amended the user fees by Resolution No. 93-46 on June 8, 1993 to incorporate certain revisions to the existing fee schedule to correct obvious inequities per the Cordoba Corporation study. c. The City Council approved a contract with the Maximus, Inc. in August 2002 to conduct a detailed cost of services study of user fee activities throughout the city. The Maximus stUdy detenmines the full cost of providing services and provides the City with a true representation of what it costs to provide services to the publiC and create a fair and equitable basis to determine the rate of recovery/subsidy. d. The State of California Government Code Section 66014 et.a!. allows local agencies to charge fees for various activities as long as those fees do not exceed the estimated reasonable cost of providing the service for which the fee is intended. e. The study also addresses a change in methodology for charging Building and Safety and Fire fees. f. The study lists three alternatives to update the fee schedules periodically to account for changes in cost over time. g. The City Council adopted the new user fees by Resolution No. 04-56 on May 25, 2004. On June 22, 2004 and October 26, 2004, additional Resolution Nos. 04-72 and 04-109 were adopted to adjust for omitted fees, clerical errors, and changes in business practices. On January 25, 2005 and February 8, 2005, new fees for Architectural and Telecommunications Reviews were adopted by Resolution Nos. 05-13 and 05-16, respectively. Section 2. As recommended in the Maximus Study, user fees shall be subject to an automatic annual adjustment on July 1 of each year based on the Consumer Price Index (CPI)- . All Urban Consumers-Los Angeles, Riverside, and Orange County-CA for the twelve month period prior to April 1 of the year in which the change will be effective. Section 3. The City Council hereby adopts the new fees as set forth on Exhibit A, attached hereto and incorporated herein as though set forth in full, subject to the CPI adjustment each year on July 1, beginning in 2006, as described in Section 2 of this Resolution. .~ P..~<:'-:'5 ~':~,.. qc'oc r" The City Manager is hereby authorized to implement the CPI adjustment each year without further action of the City Council. Section 4. Citywide User Fees described in Exhibit A will be effective November 26, 2005. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a meeting held on the 27111 day of September, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, Califomia, do hereby certify that Resolution No. 05- _ was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27111 day of September, 2005 by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAIN: Susan W. Jones, MMC City Clerk /_ "';;; ',~e. : .:~. r:...;~::-:..::; . :" 2 EXHIBIT "A" FEE RECOMMENDATION SUMMARY Buildino and Safety Deoartment Appendix 1 Consolidated Schedule of New Construction Fees Pages 1-6 Schedule for Miscellaneous Items - Building Pages 1-3 Mechanical, Plumbing, and Electrical Penmit Fees Pages 1-4 Fire Prevention (Buildino) Appendix 2 Consolidated Schedule of New Construction Fees Pages 1-6 Schedule for Miscellaneous Items - Fire Pages 1-2 Plannino Deoartment Appendix 3 Fee Recommendation Summary Pages 1-2 Public Works Deoartment Appendix 4 Fee Recommendation Summary Pages 1-2 Community Services Deoartment Appendix 5 Fee Recommendation Summary Page 1 Fire Prevention (Other/Non-Buildino) Appendix 6 Fee Recommendation Summary Pages 1-3 Police Deoartment Appendix 7 Fee Recommendation Summary Page 1 '=-' f;"',,:::".~: ;: ,~,_,::: ~_ 3 APPENDIX 1 f.-: -; - ','''_ -:.' ~ ";";":" ~ 4 City of Temecula - Building Fee Analysis Building and Safety Department Consolidated Schedule of New Construction Fees (All Construction Types) Construction Types: Construction Types: Construction Types: I FR,II FR 1I1-HR, 1II1-HR, V 1-HR II N,1lI N,IV,VN Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost fOl Each UBC Project Size Threshold Additional Threshold Additional Threshold Additional Class UBC Occupancy Type Threshold Size 100s.f.- s." l00s.f. - s." l00s.f. - A-1 Theater $0 $111.78 $0 $93.16 n.a. n.a. A-2 Restaurant 10,000 $11,178 $29.99 $9,316 $24.98 n.a. n.a. 25,000 $15,676 $2300 $13,063 $19.16 n.a. n.a. 50,000 $21,425 $5.84 $17,854 $4.86 n.a. n.a. 100,000 $24,343 $24.34 $20,286 $20.29 n.a. n.a. A-1 Theater $0 $80.70 $0 $67.24 n.a. n.a. A-2 Restaurant 10,000 $8,070 $21.90 $6,724 $18.26 n.a. n.a. Tenant Improvements 25,000 $11,354 $16.92 $9,462 $14.10 n.a. n.a. 50,000 $15,585 $4.27 $12,987 $3.56 n.a. n.a. 100,000 $17.721 $17.72 $14,767 $14.77 n.a. n.a. A-3 Auditorium $0 $300.80 $0 $257.33 $0 $205.87 Church 5,000 $15,440 $81.67 $12,866 $68.06 $10,293 $54.45 Restaurant 12,500 $21,566 $62.05 $17.971 $51.71 $14,378 $41.37 25,000 $29,322 $15.85 $24,435 $13.21 $19,548 $10.57 50,000 $33,284 $66.57 $27,737 $55.47 $22,190 $44.38 A-3 Auditorium $0 $245.13 $0 $204.28 $0 $163.43 Church 5,000 $12,256 $65.02 $10,214 $54.17 $8,171 $43.00 Restaurant 12,500 $17,133 $49.47 $14,277 $41.23 $11,421 $32.99 Tenant Improvements 25,000 $23,317 $12.62 $19,431 $10.52 $15,545 $8.41 50,000 $26,472 $52.94 $22,060 $44.12 $17,648 $35.30 B All "B" Occupancies $0 $1<W.08 $0 $116.73 $0 $93.38 (non-repetitive) 5.000 $7,004 $38.96 $5,636 $32.48 $4,669 $25.98 - 12,500 $9,927 $30.59 $8,272 $25.49 $6,617 $20.39 (Please complete all rows. 25,000 $13,750 $7.64 $11,458 $6.37 $9,167 $5.09 This section also used for scaling] 50,000 $15,660 $31.32 $13,051 $26.11 $10,440 $20.88 B AlI"B" Occupancies $0 $165.54 $0 $137.96 $0 $110.38 Tenant Improvements 2.500 $4,139 $94.24 $3,449 $78.53 $2,759 $62.80 6,250 $7,672 $49.15 $6,394 $40.95 $5,114 $32.78 12,500 $10,744 $34.12 $8,953 $28.44 $7,163 $22.75 25,000 $15,009 $60.04 $12,508 $50.03 $10,006 $40.03 E-l [see UBe dass desi9nation] $0 $222.86 $0 $185.71 $0 $148.55 E-2 2,000 $4,457 $66.76 $3,714 $55.61 $2,971 $44.51 S,OOO $6,460 $54.71 $5,383 $45.61 $4,306 $36.49 10,000 $9,195 $13.29 $7,663 $11.07 $6,131 $8.86 20,000 $10,524 $52.62 $8,770 $43.85 $7,016 $35.08 MAXIM US. Inc_ Appendix 1 - Page 1 of 6 % Plan % Check Inspection 46% 54% 46% 52% 43% 57% 43% 57% 55% 45% 38% 84% 69% 31% 09/27/2005 City of Temecula - Building Fee Analysis Building and Safety Department Consolidated Schedule of New Construction Fees (All Construction Types) Construction Types: Construction Types: Construction Types: IFR,lIFR 111-HR, 1II1.HR, V l-HR IIN,IIIN,IV,VN Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost for Each UBC ProJect Size Threshold Additional Threshold Additional Threshold Additional Class UBC Occupancy Type Threshold Size l00al,* Size l00s.l, * SIze 1005.1. * E-' [see use class designation] $0 $143.26 $0 $119.37 $0 $95.53 E-2 Tenant Improvements 2.000 $2,865 $42.34 $2,387 $35.28 $1,911 $28.19 S.OOO $4,135 $34.42 $3,446 $28.69 $2,756 $22.95 10,000 $5,856 $8.40 $4,881 $7.00 $3,904 $5.61 20,000 $6,697 $33.48 $5,581 $27.90 $4,484 $22.32 E-a [see use class designation] $0 $221.91 $0 $184.92 $0 $147.93 - 2,000 $4,438 $64.28 $3,698 $53.59 $2,959 $42." 5,000 $6,367 $51.73 $5,306 $43.09 $4,244 $34.48 10,000 $8,953 $12.71 $7,461 $10.60 $5,968 $8.48 20,000 $10,224 $51.12 $8,520 $42.60 $6,816 $34.08 E-3 [see use class designation] $0 $177.53 $0 $147.93 $0 $118.32 - Tenant Improvements 2,000 $3,551 $51.42 $2,959 $42.86 $2,366 $34.30 - S,OOO $5,093 $41.38 $4,244 $34.48 $3,396 $27.58 10,000 $7,162 $10.18 $5,968 $8.48 $4,775 $6.78 20,000 $8,180 $40.90 $6,816 $34.08 $5,453 $27.26 - F-1 [see use class designation] - $0 $117.15 $0 $97.63 $0 $78.10 F-2 5,000 $5,857 $31.96 $4,882 $26.62 $3,905 $21.31 12,500 $8,254 $24.77 $6,878 $20.64 $5,503 $16.51 25,000 $11,350 $6.24 $9,458 $5.20 $7,567 $4.16 50,000 $12,909 $25.82 $10,758 $21.52 $8,606 $17.21 F-1 [see UBC class designation] - $0 $52.21 $0 $43.51 $0 $34.81 F-2 Tenantfmprovements S,OOO $2,611 $15.24 $2,176 $12.70 $1,741 $10.16 12,500 $3,754 $12.33 $3,128 $10.28 $2,503 $8.22 25,000 $5,296 $3.02 $4,413 $2.52 $3,531 $2.01 - SO.OOO $6,051 $12.10 $5,042 $10.08 $4,034 $8.07 H-' (see USC class designation} $0 $566.65 $0 $472.23 $0 $377.80 H-2 1.000 $5,667 $180.26 $4,722 $150.21 $3,778 $120.17 H-3 2,500 $8,370 $152.50 $6,975 $127.10 $5,581 $101.66 S,OOO $12,163 $36.28 $10,153 $30.22 $8,122 $24.19 10,000 $13,997 $139.97 $11,664 $116.64 $9,331 $93.31 H-l [see USC class designation] $0 $452.00 $0 $376.76 $0 $301.40 H-2 Tenant Improvements ',000 $4,520 $142.32 $3,768 $118.56 $3,014 $94.81 H-3 2,500 $6,655 $119.72 $5,546 $99.77 $4,436 $79.86 5,000 $9,648 $28.59 $8,040 $23.81 $6,433 $19.05 10,000 $11,077 $110.77 $9,231 $92.31 $7,385 $73.85 MAXIM US, Inc_ Appendix 1 - Page 2 of 6 % Plan % Check Inspection 67% a:lo/. 62% 36% 62% 36% 49% 51% 64% 36% 82% 16% 60% 2{)% 09/27/2005 City of Temecula . Building Fee Analysis Building and Safety Department Consolidated Schedule of New Construction Fees (All Construction Types) Construction Types: Construction Types: Construction Types: IFR,IIFR II 1-HR,1II1-HR, V 1-HR IIN,IIIN,IV,VN Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost for Each UBC ProJect Size Threshold Addnlonal Threshold Additional Threshold Addnlonal Class USC Occupancy Type Threshold Size 100s.f. - Size 1009.1. - Size 100s.f.- H-4 [see UBC class designation] $0 $286.52 $0 $238.73 $0 $191.05 H-S 1,000 $2,865 $89.15 $2,387 $74.27 $1,911 $59.39 2,500 $4,202 $74.53 $3,501 $62.13 $2,801 $49.72 5,000 $6,066 $17.86 $5,055 $14.88 $4,044 $11.91 10,000 $6,959 $69.59 $5,799 $57.99 $4,639 $46.39 H-4 [see USC class designation] $0 $266.30 $0 $221.86 $0 $177.53 H-5 Tenant Improvements 1.000 $2,663 $77.13 $2,219 $64.35 $1,775 $51.42 2,500 $3,820 $62.08 $3,184 $51.69 $2,547 $41.38 S,OOO $5,372 $15.26 $4,476 $12.72 $3,581 $10.19 10,000 $6,135 $61.35 $5,112 $51.12 $4,090 $40.90 H-6 [see use class designation] $0 $272.38 $0 $227.00 $0 $181.62 H-7 2.000 $5,448 $73.08 $4,540 $60.89 $3,632 $48.70 S.OOO $7,640 $56.05 $6,367 $46.70 $5,093 $37.37 10,000 $10,442 $14.22 $8,702 $11.85 $6,962 $9.47 20,000 $11,864 $59.32 $9,887 $49.43 $7,909 $39.55 H-6 [see use class designation] $0 $189.85 $0 $158.20 $0 $126.55 H-7 Tenant Improvements 2,000 $3,797 $50.86 $3,164 $42.37 $2,531 $33.92 5,000 $5,323 $38.96 $4,435 $32.49 $3,549 $25.97 10,000 $7,271 $9.90 $6,060 $8.25 $4,847 $6.60 20,000 $8,261 $41.31 $6,884 $34.42 $5,507 $27.54 1-1.1 {see UBe class designation} $0 $102.44 $0 $85.37 $0 $68.30 - 10,000 $10,244 $30.04 $8,537 $25.03 $6,830 $20.02 - 25.000 $14,750 $24.33 $12,292 $20.27 $9,833 $16.22 50,000 $20,831 $5.95 $17,359 $4.96 $13,888 $3.97 100,000 $23,808 $23.81 $19,841 $19.84 $15,872 $15.87 1-1.1 [see use class designation] $0 $76.63 $0 $63.85 $0 $51.09 Tenant Improvements 10,000 $7,663 $22.91 $6,385 $19.09 $5,109 $15.27 25,000 $11,099 $18.76 $9,250 $15.64 $7,400 $12.50 50,000 $15,790 $4.56 $13,159 $3.80 $10,526 $3.04 100,000 $18,070 $18.07 $15,058 $15.06 $12,046 $12.05 1-1.2 [see use class designation] $0 $263.10 $0 $219.24 $0 $175.38 2,000 $5,262 $78.32 $4,385 $65.29 $3,508 $52.23 5,000 $7,612 $84.01 $6,344 $53.34 $5,074 $42.67 10,000 $10,812 $15.58 $9,011 $12.97 $7,208 $10.39 20,000 $12,371 $61.85 $10,308 $51.54 $8,247 $41.23 MAXIM US, Inc. Appendix 1 - Page 3 of 6 %0 Plan % Check Inspection 78% 22% 62% 38% 46% $4% 45% SS% 65% 35% 59% 31% 68% 32% 09/27/2005 City of Temecula - Building Fee Analysis Building and Safety Deparlment Consolidated Schedule of New Construction Fees (All Construction Types) ConstructIon Types: ConstructIon Types: Construction Types: IFR,IIFR IIl-HR, Illl-HR, V l-HR IIN,IIIN,IV,VN Base Cost @ Cost for Each Base Cost @ Cost lor Each Base Cost @ Cost for Each UBC Project Size Threshold Addltlonal Threshold Additional Threshold Additional Class USC Occupancy Type Threshold Size 100s.f. ~ S~. loos.1. ~ Size loos.l. ~ 1-1.2 [see UBC class designation] $0 $182.09 $0 $151.75 $0 $121.41 - Tenant Improvements 2,000 $3,642 $54.22 $3,035 $45.20 $2,428 $36.16 - s,ooo $5,268 $44.33 $4,391 $36.91 $3,513 $29.53 10,000 $7,485 $10.n $6,237 $8.99 $4,990 $7.19 20,000 $8,562 $42.81 $7,136 $35.68 $5,708 $28.54 >a [see UBC class designation] $0 $76.14 $0 $63.45 $0 $50.75 10,000 $7,614 $22.36 $6,345 $18.63 $5,075 $14.90 25,000 $10,967 $18.12 $9,140 $15.10 $7,311 $12.08 50,000 $15,497 $4.43 $12,913 $3.70 $10,331 $2.96 100,000 $17,712 $17.71 $14,761 $14.76 $11,809 $11.81 1-3 [see use dass designation] $0 $55.27 $0 $46.06 $0 $36.85 Tenantlmp~emen~ 10,000 $5,527 $16.21 $4,606 $13.51 $3,685 $10.81 25,000 $7,959 $13.13 $6,632 $10.95 $5,306 $8.75 - 50,000 $11,242 $3.21 $9,368 $2.68 $7,494 $2.14 100,000 $12,848 $12.85 $10,706 $10.71 $8,565 $8.57 M [see UBC Class designation] $0 $202.37 $0 $168.82 $0 $134.88 2.000 $4,047 $61.41 $3,372 $51.18 $2,698 $40.94 5.000 $5,890 $50.70 $4,908 $42.26 $3,926 $33.81 10,000 $8,425 $12.25 $7,021 $10.21 $5,616 $8.17 20.000 $9,650 $48.25 $8,041 $40.21 $6,434 $32.17 M (see use class designation) $0 $139.38 $0 $116.17 $0 $92.91 Tenantlmprovemems 2.000 $2,788 $42.37 $2,323 $35.28 $1,858 $28.26 - 5,000 $4,059 $35.00 $3,382 $29.18 $2,706 $23.33 10,000 $5,809 $8.46 $4,841 $7.05 $3,872 $5.64 20,000 $6,655 $33.27 $5,546 $27.73 $4,436 $22.18 R-l [see use class designation] $0 $192.48 $0 $160.41 $0 $128.32 R-2.1 S,OOO $9,624 $51.66 $8,020 $43.04 $6,416 $34.43 12,500 $13,498 $39.61 $11,248 $33.02 $8,998 $26.42 25,000 $18,450 $10.05 $15,375 $8.38 $12,300 $6.70 50,000 $20,963 $41.93 $17,469 $34.94 $13,975 $27.95 R-' [see use Class designation] $0 $92.n $0 $n.30 $0 $61.85 R-2.1 Tenant Improvemen~ 5,000 $4,638 $27.23 $3,865 $22.71 $3,093 $18.15 12,500 $6,681 $22.08 $5,568 $18.39 $4,454 $14.72 25,000 $9,441 $5.40 $7,867 $4.'" $6,294 $3.60 50,000 $10,791 $21.58 $8,993 $17.99 $7,195 $14.39 MAXIMUS, Inc. Appendix 1 - Page 4 of 6 % Plan % Check Inspection 68% 32% 65% 35% 65% 35% 72% 28% 73% 27% 46% 54% 65% 35% 0912712005 City of Temecula ~ Building Fee Analysis Building and Safety Department Consolidated Schedule of New Construction Fees (All Construction Types) Construction Types: Construction Types: Construction Types: IFR,IIFR II 1-HR,lII1.HR, V 1-HR IIN,IIIN,IV,VN Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost for Each USC Project Size Threshold Additional Threshold Additional Threshold Additional Class USC Occupancy Type Threshold Size 1008.1. * Size l00s.1. * Size 1008.1.* R.3 Dwellings. Model n.a. n.a. n.a. n.a. $0 $149.65 (First Unit of Tract) 1.000 n.a. n.a. n.a. n.a. $1,497 $27.60 2,500 n.a. n.a. n.a. n.a. $1,911 $39.24 5.000 n.a. n.a. n.a. n.a. $2,891 $15.38 10,000 n.a. n.a. n.a. n.a. $3,661 $36.61 R.3 Dwellings. Repeats n.a. n.a. n.a. n.a. $0 $58.79 (Additional Units of 1.000 n.a. n.a. n.a. n.a. $588 $4.26 Tract/Subdivision) 2,500 n.a. n.a. n.a. n.a. $652 $16.89 5,000 n.a. n.a. n.a. n.a. $1,074 $5.76 10,000 n.a. n.a. n.a. n.a. $1,362 $13.62 R.3 Dwellings - Custom n.a. n.a. n.a. n.a. $0 $138.96 1,000 n.a. n.a. n.a. n.a. $1,390 $25.85 2,500 n.a. n.a. n.a. n.a. $1,777 $44.56 . 5,000 n.a. n.a. n.a. n.a. $2,891 $15.38 10,000 n.a. n.a. n.a. n.a. $3,661 $36.61 S.l [see USC class designation] $0 $76.50 $0 $63.76 $0 $51.00 S-2 5,000 $3,825 $20.75 $3,188 $17.29 $2,550 $13.83 12,500 $5,381 $16.03 $4,4114 $13.36 $3,587 $10.69 25,000 $7,385 $4.05 $6,155 $3.37 $4,924 $2.70 50,000 $8,398 $16.80 $6,999 $14.00 $5,598 $11.20 S-l (see USC class designation) $0 $46.15 $0 $38.46 $0 $30.n 8-2 Tenarnlmprovemems 5.000 $2,308 $12.16 $1,923 $10.13 $1,538 $8.10 12,500 $3,219 $9.21 $2,683 $7.68 $2,146 $8.15 25,000 $4,371 $2.36 $3,643 $1.97 $2,914 $1.57 50,000 $4,961 $9.92 $4,134 $8.27 $3,307 $6.61 S.3 [see USC class designationJ $0 $271.12 $0 $225.95 $0 $180.78 S-4 1.000 $2,711 $76.08 $2,259 $63.37 $1,808 $50.65 S-5 2,500 $3,852 $59.99 $3,210 $50.01 $2,568 $39.99 5.000 $5,352 $14.92 $4,460 $12.45 $3,587 $9.98 10,000 $6,096 $60.98 $5,083 $50.83 $4,066 $40.66 8-3 (see USC class designation) $0 $164.64 $0 $137.18 $0 $109.73 8-4 Tenantlmprovemems 1.000 $1,646 $46.46 $1,372 $38.71 $1,097 $30.95 8-S 2,500 $2,343 $36.81 $1,952 $30.69 $1,562 $24.57 . 5,000 $3,263 $9.14 $2,720 $7.61 $2,176 $6.10 10,000 $3,720 $37.20 $3,100 $31.00 $2,481 $24.81 MAXIM US, Inc. Appendix 1 - Page 5 of 6 % Plan % Check Inspection 49% 51% 12% 88% 47% 53% 48% 52% 42% 58% 55% 45% 57% 43% 09/27/2005 City of Temecula - Building Fee Analysis Building and Safety Department Consolidated Schedule of New Construction Fees (All Construction Types) Construction Types: Construction TVpes: Construction Types: IFR,II FR 1I1-HR, 1lI1-HR, V 1-HR IIN,IIIN,IV,VN Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost for Each UBC Project Size Threshold Additional Threshold Additional Threshold Additional Class UBC Occupancy Type Threshold Size 1008.f.- S~. 100s.1. - Size 100s.f,- U.l Custom Homes $0 $117.80 $0 $98.09 $0 $78.60 U-2 500 $589 $34.09 $49Il $28.51 $393 $22.78 1,250 $84S $27.50 $704 $22.89 $584 $18.28 2,500 $1,188 $6.75 $990 $5.62 $792 $4.49 5,000 $1,357 $27.14 $1,131 $22.62 $904 $18.09 U-l Tract Repeat $0 $47.79 $0 $39.82 $0 $31.86 U.2 500 $239 $12.44 $199 $10.34 $159 $8.24 1,250 $332 $9.22 $277 $7.71 $221 $6.20 - 2,500 $447 $2.43 $373 $2.01 $299 $1.59 . 5.000 $508 $10.17 $423 $8.47 $339 $6.77 All Shell Buildlngs $0 $83.09 $0 $69.23 $0 $55.40 5,000 $4,154 $14.64 $3,462 $12.21 $2,770 $9.75 12,500 $5,253 $18.21 $4,377 $15.18 $3,501 $12.14 25,000 $7,529 $10.00 $6,274 $8.33 $5,019 $6.67 50,000 $10,028 $20.06 $8,357 $16.71 $6,685 $13.37 Each additional 100 square feet, or portion thereof, up to the next highes1 project size threshold. MAXIMUS, Inc. Appendix 1 - Page 6 of 6 % Plan % Check Inspection 62% 38% 39% 61% 50% 50% 09/27/2005 City of Temecula - Building Fee Analysis POTENTIAL FEE SCHEDULE FOR MISCEllANEOUS ITEMS Building and Safety Department Work Item Unit Current Rate Standard Hourly Rate Antenna each $0 Radio, <30 ft each $83 Radio, >30 ft each $132 Dish>2ft each $83 Cellular/Mobile Phone, free-standing each $848 Cellular/Mobile Phone, attached to building each $361 Awning/Canopy (supported by building) each $107 Balcony addition each $166 Carport each $166 Close Existing Openings $0 Interior wall each $59 Exterior wall each $73 Commercial Coach (per unit) each unit $205 Covered Porch each $117 Deck (wood) each $117 Demolition each $166 Door $0 New door (non structural) each $73 New door (structural shear wall/masonry) each $93 Duplicate I Replacement Job Card each $24 Electrical Fixtures Freestanding Wall (non-masonry) sq.ft. residential $0.035 6 - 10 feet In height up to 100 1.1. $132 Each additional 100 If each 100 I.f. $34 Over 10 feet in height up to 100 1.1. $132 Each additional 100 If each 100 1.1. $34 Fence or Freestanding Wall (masonry) $0 Masonry, Standard (6-8 feet high) up to 100 I.f. $146 Each additional 100 If each 100 1.1. $20 Masonry, Special Design (6-10' high) $215 Each additional 100 If each 100 1.1. $20 Masonry, Special Design (over 10' high) upto 100 I.f. $215 Each additional 100 If each 1001.1. $20 Fireplace each $0 Masonry each $244 Pre-Fabricated I Metal each $88 Flag pole (over 30 feet in height) each $117 Gas Piping Fixtures <or=5each $16 Each Additional Fixture > 5 each $3 Lighting pole each $107 each add'l pole each $20 Mobile Homes each State Title 25 Partition. Commercial, Interior (up to 30 I.f.) up to 30 1.1. $132 Additional partition each 30 1.1. $16 Partition - Residential, Interior (up to 30 Lt.) up to 30 1.1. $83 Additional partition each 30 1.1. $59 Patio Cover $0 WoodIMetallOlher frame up to 300 s.f. $117 MAXIMUS, Inc. Appendix 1 . Page 1 of 3 Recommended Rate $0 $87 $138 $87 $889 $378 $112 $174 $174 $0 $61 $77 $215 $123 $123 $174 $0 $77 $97 $26 $0.037 $138 $36 $138 $36 $0 $153 $20 $225 $20 $225 $20 $0 $256 $92 $123 $17 $3 $112 $20 State Title 25 $138 $17 $87 $61 $0 $123 09/27/2005 City of Temecula - Building Fee Analysis POTENTIAL FEE SCHEDULE FOR MISCELLANEOUS ITEMS Building and Safety Department Work Item Unit Current Rate Additional patio each 100 sJ. $12 Enclosed, wood/metal/other frame up to 300 s.f. $141 Additional enclosed patio each 100 sJ. $28 Photovolta;c System each $185 Stucco Applications up to 400 sJ. $98 Additional Stucco Application each 400 s.f. $49 Retaining Wall (concrete or masonry) $0 Standard (up to 50 If) up to 50 I.f. $142 Additional retaining wall each 50 I.f. $19 Special Design, 3-10' high (up to 50 If) up to 50 I.f. $205 Additional retaining wall each 50 I.f. $93 Special Design, over 10' high (up to 50 If) up to 50 I.f. $268 Additional retaining wall each 50 I.f. $93 Gravity I Crib Wall, 0-10' high (up to 50 If) up to 50 I.f. $268 Additional Gravity I Crib Wall each 50 1.1. $93 Gravity I Crib Wall, over 10' high (up to 50 ID upt0501.f. $268 Additional Gravity I Crib Wall each 50 I.f. $93 Remodel - Residential $0 Less than 300 S. f. up to 300 s.f. $166 Kitchen up to 300 sJ. $166 Additional remodel each 300 s.1. $117 Reroof up to 5000 s.f. $145 Additional reroof each 1000 sJ. $3 Sauna - steam each $166 Siding $0 Stone and Brick Veneer (interior or exterior) up to 400 sJ. $98 All Other up to 400 s.f. $98 Additional siding each 400 s.f. $98 Signs $0 Directional each $166 Each additional Directional Sign each $59 Monument each $142 Each additional Monument Sign each $19 Pole each $107 Each additional Pole Sign each $20 Wall each $120 Each additional Wall Sign each $39 Skylight $0 Less than 10 sf each $98 Greater than 10 sf or structural each $156 Spa or Hot Tub (Pre-fabricated) each $83 Stairs - First Flight first flight $180 Each additional flight per flight $83 Storage Racks $0 0-8' high (up to 100 iD up to 100 If $132 each additional 100 If each 100 If $28 over 8' high (up to 100 ID up to 100 If $196 each additional 100 If each 100 II $48 Swimming Pool I Spa $0 Vinyl-lined (up to 800 s.t.) each $185 MAXIMUS, Inc. Appendix 1 - Page 2 of 3 Recommended Rate $13 $148 $29 $194 $102 $51 $0 $149 $20 $215 $97 $281 $97 $281 $97 $281 $97 $0 $174 $174 $123 $152 $3 $174 $0 $102 $102 $102 $0 $174 $61 $149 $20 $112 $21 $126 $41 $0 $102 $164 $87 $189 $87 $0 $138 $29 $205 $51 $0 $194 09/27/2005 City of Temecula - Building Fee Analysis POTENTIAL FEE SCHEDULE FOR MISCELLANEOUS ITEMS Building and Safety Department Work Item Unit Current Rate Fiberglass each $176 Gunite (up to 800 s.l.) each $180 Additional pool (over 800 s.l.) each 100 s.l. $93 Commercial pool (up to 800 sf) each $283 Commercial pool (over 800 sf) $346 Window or Sliding Glass Door $0 Replacement each $59 New Window (non structural) each $59 New window (structural shear wall/masonry) each $156 Bay Window (structural) each $166 $0 Acoustical Review per hour $98 $0 Geologic Review per hour $98 $0 Disabled Access Compliance Inspection per hour $98 Address Assignment per hour $98 $0 Supplemental Plan Check Fee (first 1/2 hour) each $98 Each Additional 1/2 hour (or portion thereof) per 1/2 hour $49 Supplemental Inspection Fee (first 1/2 hour) each $98 Each Additional 1/2 hour (or portion thereof) per 1/2 hour $49 $0 $0 MAXIMUS, Inc. Appendix 1 - Page 3 of 3 Recommended Rate $184 $189 $97 $296 $363 $0 $61 $61 $164 $174 $0 $103 $0 $103 $0 $102 $102 $0 $102 $51 $102 $51 $0 $0 09/27/2005 City of Temecula - Building Fee Analysis MECHANICAL, PLUMBING, AND ELECTRICAL PERMIT FEES BuildIng and Safety Department Current Rate (Actual Unit Cost - based on a per-minute Fee Types rate 0') $ 1.63 ADMINISTRATIVE AND MISC. FEES Travel and Documentation Fees: SimDle Pro.ect (1 triD) $24.38 Moderate Pro.eet (2 trios $40.63 Comolex Project 3 trios) $56.89 Permit Issuance $48.76 Suoolemental Permit Issuance $0.00 MECHANICAL PERMIT FEES Stand Alone Mechanical Plan Check (hourlv rate $97.52 UNIT FEES: 1 Install/Relocate each forced air or gravity-type furnace or burner (including attached ducts and vents) up to and including 100,000 Btu/h $65.01 2 Install/Relocate each forced air or gravity-type furnace or burner (including attached ducts and vents) over 100,000 Btu/h $81.27 3 Install/Relocate each floor furnace including vent) $32.51 4 Install/Relocate each suspended heater, recessed wall heater, or floor- mounted unit heater $32.51 5 Install/Relocate/Replace of each appliance vent installed and not included in an appliance permit $8.13 6 Repair/Alteration/Addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code. $16.25 7 Install/Relocate each boiler or compressor, up to and including 3HP, or each absorption system up to and including 100,000 Btulh. $20.32 8 Install/Relocate each boiler or compressor, over 3HP and up to and including 15 HP, or each absorption system over 100,000 Btu/h and up to and including 500,000 Btulh. $32.51 9 Install/Relocate each boiler or compressor, over 15 HP and up to and including 30 HP, or each absorption system over 500,000 Blu/h and up to and including 1,000,000 Btulh. $40.63 10 Install/Relocate each boiler or compressor, over 30 HP and up to and including 50 HP, or each absorption system over 1,000,000 Btulh and up to and including 1,750,000 Btu/h. $40.63 11 Install/Relocate each boiler or compressor, over 50 HP, or each absorption system over 1,750,000 BluIh. $40.63 12 Each air-handling unit to an includeing 10,000 CFM, including attached ducts. (Note: This fee shall not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere in this code. $32.51 13 Each air-handlina unit over 10,000 CFM $24.38 14 Each evaporative cooler other than portable tvoe $16.25 15 Each ventilation fan connected to a single duct $16.25 17 Installation of each hood which is served by mechanical exhaust, including the ducts for such hood. $48.76 18 Install/Relocate of each domestic-type incinerator $24.38 19 Install/Relocate each commercial or industrial-tvne incinerator $40.63 20 Each Appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code. $16.25 $0.00 OTHER FEES: Other Mechanical Insoections (cer hour $97.52 $0.00 Recommended Rate (Actual Unit Cost- based on a per- minute rate of) $ 1.70 $ 25.55 $ 42.58 $ 59.62 $ 51.10 $ $ 102.20 $ 68.13 $ 85.17 $ 34.07 $ 34.07 $ 8.52 $ 17.03 $ 21.29 $ 34.07 $ 42.58 $ 42.sa $ 42.58 $ 34.07 $ 25.55 $ 17.03 $ 17.03 $ 51.10 $ 25.55 $ 42.sa $ 17.03 $ $ 102.20 $ MAXIMUS, Inc. Appendix 1 . Page 1 of 4 09/27/2005 City of Temecula - Building Fee Analysis MECHANICAL, PLUMBING, AND ELECTRICAL PERMIT FEES Building and Safety Department Current Rate Recommended (Actual Unit Rate (Actual Cost - based on Unit Cost- a per-minute based on a per- Fee Types rate of) minute rate of) $ 1.63 $ 1.70 PLUMBING I GAS PERMIT FEES Stand Alone Plumbina Plan Check (hauriVrate S 97.52 S 102.20 UNIT FEES: $ S $ S Each plumbing fixture or trap or set of fixtures on one trap (including water, 1 drainane nininn, and backflow protection therefor\- S 8.13 . 8.52 2 Each buildina or trailer oark sewer . 8.13 S 8.52 3 Rainwater sYStems (( er drain) . inside buildina S 16.25 . 17.03 5 Each nrivate sewage disposal system . 40.63 S 42.58 6 Each Water Heater and/or vent . 16.25 . 17.03 Each Industrial waste pretreatment interceptor including its trap and vent, 7 excentinn kitchen-type grease interceptors functioninn as fixture trans . 40.63 . 42.58 Installation, alteration, or repair of water piping and/or water treating 8 eauiamentleach! S 16.25 . 17.03 9 Reoair or alteration of drainaae or vent lininn, each fixture S 8.13 . 8.52 . S OTHER FEES: . S . . Other Plumbina and Gas Insoections (per hou(\ . 97.52 . 102.20 . . ELECTRICAL PERMIT FEES Stand Alone Electrical Plan Check lhourlv rate\ S 97.52 . 102.20 SYSTEM FEES: . - $ . . Private, Residential, In-around Swimmina Pools (each new) . . (Includes a complete system of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar electrical eouioment directlv related to the ooeration of a swimmina 0001.) . S - (For all other types of swimming pools, therapeutic whirlpools, spas, and alterations to existing swimmino pools, use the UNIT FEE schedule: \ . 40.63 . 42.58 Outdoor Events . . (Camivals, circuses, or other traveling shows or exhibitions utilizing transnortable-type rides, booths, displavs, and attractions.) Each electric aenerator and electricall -driven rides . 24.38 . 25.55 Mechanically-driven rides and walk-through attractions or displays having electric lIahtina leach) . 24.38 $ 25.55 Each s~tem of area and booth Iightin . 16.25 . 17.03 (For permanently installed rides, booths, displays, and attractions, use the UNIT FEE schedule) . . - . . Temnorarv Power Service . . Temporary Service power pole or pedestal, including all pole or pedestal- mounted receolacle outlets and aoourtenances. . 24.38 . 25.55 Temporary distribution system and temporary lighting and receptacle outlets for constructions sites, decorative light, Christmas tree sales lots, firework stands, etc. . 44.70 . 46.84 . . UNIT FEES: . . . . - Receptacle, Switch, and lighting Outlets . . (Receptacle, switch, lighting, or other outltes at ~iCh current is used or controlled, exceot services, feeders, and meters. . 3.25 . 3.41 First 10 or aortion thereof) . 16.25 . 17.03 MAXIMUS, Inc. Appendix 1 - Page 2 of 4 09/27/2005 City of Temecu/a ~ Building Fee Analysis MECHANICAl, PLUMBING, AND ELECTRICAl PERMIT FEES BuildIng and Safety Department Current Rate (Actual Unit Cost - based on a per-minute Fee Types rate of) $ 1.63 Each Additional 1 0 (or nortion thereof\ $ 8.13 (For multi-outlet assemblies, each 5 feet or fraction thereof may be considered as one outlet.) $ 8.13 $ U htinn Fixtures $ Unhtinn Fixtures, sockets, or other lamo-holdina devices - First 10 $ 19.50 Each additional 10 $ 6.50 Pole or latform-mounted linhtinn fixtures each' $ 6.50 Theatrical:tVne jj(ihtinafixtures or assemblies leach $ 16.25 $ Residential Annliances $ Fixed residential appliances or receptacle outlets for same, including wall- mounted electric ovens; counter mounted cooking tops; electric ranges; self-contained room console or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing amachines; water heaters; clothe~ ~~~s; or other ,~ot~~-operated appliances not exceeding one horsenower HP in ratinn. each $ 4.88 (For other types of air conditioners and othe motor-driven appliances havinn larn~r electrical ratinas, see Power Aooaratus.) Nonresidential Annliances Residential appliances and self.contained factory-wired, nonresidential appliances not exceeding one horsepower (HP), kilowatt (KW), or kilovolt- ampere (KVA), in rating, including medical and dental dvices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; ve,~di~~\ machines; laundry machines; or other similar types of enuinment. each $ 4.88 (For other types of air conditioners and othe motor-d:i~en appliances havinn larn~r electrical ratinns, see Power Annaratus. $ Power Annaratus $ Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or bakinn enuinment, and other annaratus, as follows: Rating in horsepower (HP), kilowatts (KW), or kilovolt-amperes (KVA), or kilovolt-am':"eres-reactive tKvAR\: Un to and includinn 1 each\ $ 16.25 Over 1 and not over 10 leach $ 32.51 Over 10 and not over SOTeachf $ 48.76 Over 50 and not over 100 each' $ 65.01 Over 100 'each\ $ 81.27 Note #1: For equipment or appliances having more than one otore, transformer, heater, etc., the sum of the combined ratinns mav be used. Note #2: These fees include all switches, circuit breakers, contactors, thermostats, relavs, and other directlv related control eauioment. $ - 8usw~ $ Trollevand nlun-in-tvne buswavs - each 100 feet or fraction thereof $ 16.25 (An additional fee will be rquipred for Ilighting fisxtures, motors, and other appliances that are connected to trolley and plug-in-tupe busways. No fee is renuired for oortable tools. \ $ 16.25 $ siMs, Outline ~tjnn, and Mamuees $ ~gn~~ Outline Ughting, or Marquees supplied from one branch circuit each $ Recommended Rate (Actual Unit Cost - based on a per. minute rate of) $ 1.70 $ ..52 $ a.52 $ $ $ 20.44 $ 6.81 $ 6.81 $ 17.03 $ $ $ 5.11 $ 5.11 $ $ $ 17.03 $ 34.07 $ 51.10 $ 68.13 $ 85.17 $ $ $ 17.03 $ 17.03 $ $ $ MAXIMUS, Inc. Appendix 1 - Page 3 of 4 09/27/2005 City of Temecula - Building Fee Analysis MECHANICAL, PLUMBING, AND ELECTRICAL PERMIT FEES Building and Safety Department Current Rate (Actual Unit Cost - based on a per-minute Fee Types rate of) $ 1.63 Additional branch circuits within the same sign, outline lighting system, or marauee leachl $ $ SelVices $ SelVices of 600 volts or less and not over 200 amoeres in ratina teach) $ 39.01 se~~~s 0:~~00 volts or less and over 200 amperes to 1000 amperes in ratin each $ 24.38 SelVices over 600 volts or over 1000 amneres in ratina (each) $ 48.76 $ Miscellaneous Aooaratus, Conduits, and Conductors $ Electrical apparatus, conduits, and conductors for which a permit is reouired, but for which no fee is herein set forth $ 16.25 (This fee is not applicable when a fee is paid for one or more selVices, outlets, f;~~res, appliances, power apparatus, busways, signs, or other Anuinment. $ $ Other Insoections and Fees $ Innections outside of normal business hours, 0-2 hours (minimum charae $ 195.04 Each additional hour $ 97.52 Reinsnection fee assessed under orovisions of Section 305 (h) - oer hour $ 97.52 Inspections for which no fee is specifically indicated. per hour (minimum charae = 1/2 hour) $ 97.52 Additional Plan Review required by changes, additions, or revisions to anoroved olans - oer hour (minimum charne = 1/2 hour) $ 97.52 $ OTHER FEES: $ $ Other Electricallnsnections {oer hour\ $ 97.52 OllfER INSPECTIONS AND FEES 1 lnsoections outside of normal business hours (Q-4 hours) $ 390.09 Inspections outside of normal business hours (each additional hour or !oortion thereon $ 97.52 2 Reinsnection fees assessed under orovisions of Section 305(Q) $ 3 lnsoections for which no fee is snecificallv indicated (0-1/2 hour) $ 48.76 Inspections for which no fee is specifically indicated (each additional 1/2 hour or Dortion thereon $ 48.76 Additional plan review required by changes, additions, or revisions to 4 annroved ~Ians'io - 1/2 hour\ $ 48.76 Additional plan review required by changes, additions, or revisions to aODroved olans (each additional 1/2 ho~r) $ 48.76 $ $ Recommended Rate (Actual Unit Cost. based on a per- minute rate of) $ 1.70 $ $ $ - $ 40.00 $ 25.55 $ 51.10 $ $ $ 17.03 $ $ $ $ 204.40 $ 102.20 $ 102.20 $ 102.20 $ 102.20 $ $ $ $ 102.20 $ 408.81 $ 102.20 $ $ 51.10 $ 51.10 $ 51.10 $ 51.10 $ $ MAXIMUS, Inc. Appendix 1 - Page 4 of 4 09/2712005 APPENDIX 2 PF"., -:~ -, c: 'i::--, . 5 CIty of Temecula - Building Fee Analysis Consolidated Schedule ot New Construction Fire Prevention Fees (All Construction Types) Construction Types: Construction Types: Construction Types: IFR,IIFR IIt-HR, IIIt-HR, V t-HR IIN,IIIN,IV,VN Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost for Each UBe Project Size Threshold Additional Threshold AddlUonal Threshold Additional % % Class use Occupancy Type Threshold Slz. 100s.f.* Size 100s.f. * Size tOOs.f.* Plan Check InspecDon A-l Theater $0 $16.93 $0 $14.11 n.a. n.a. A-2 Restaurant 10,000 $1,693 $4.28 $1,411 $3.56 n.a. n.a. 25,000 $2,334 $3.24 $1,945 $2.70 n.a. n.a. - 50,000 $3,144 $1.35 $2,620 $1.13 n.a. n.a. - 100,000 $3,823 $3.83 $3,186 $3.19 n.a. n.a. 53% 47% A-l Theater $0 $11.33 $0 $9.44 n.a. n.a. A-2 Restaurant 10,000 $1,133 $3.06 $944 $2.54 n.a. n.a. - Tenant Improvements 25,000 $1,592 $2.33 $1,326 $1.95 n.a. n.a. 50,000 $2,176 $0.92 $1,813 $0.76 n.a. n.a. 100,000 $2,634 $2.63 $2,195 $2.19 n.a. n.a. 45% 55% A-a Auditorium $0 $35.00 $0 $29.18 $0 $23.35 Church 5,000 $1,750 $9.28 $1,459 $7.73 $1,167 $6.18 Restaurant 12,500 $2,446 $7.08 $2,038 $5.90 $1,631 $4.72 25,000 $3,332 $2.82 $2,n6 $2.35 $2,221 $1.88 50,000 $4,037 $8.07 $3,364 $6.73 $2,691 $5.38 470/, 53% A-3 Auditorium $0 $25.47 $0 $21.21 $0 $16.98 Church 5,000 $1,273 $6.30 $1,061 $5.27 $849 $4.21 Restaurant 12,500 $1,746 $4.76 $1,456 $3.97 $1,164 $3.18 Tenant Improvements 25,000 $2,341 $2.04 $1,951 $1.70 $1,562 $1.36 - 50,000 $2,851 $5.70 $2,376 $4.75 $1,901 $3.80 55% 45% B All "S" OccupanCies $0 $31.50 $0 $26.26 $0 $21.00 - (non-repetitive) 5,000 $1,575 $8.50 $1,313 $7.07 $1,050 $5.66 12,500 $2,212 $6.49 $1,843 $5.41 $1,475 $4.33 [Please complete all rows. 25,000 $3,023 $2.55 $2,519 $2.13 $2,016 $1.69 This section also used for scaling] 50,000 $3,661 $7.32 $3,051 $6.10 $2,440 $4.88 45% 55% B AII'S" Occupancies $0 $41.38 $0 $34.50 $0 $27.58 Tenant Improvements 2,500 $1,034 $11.04 $863 $9.17 $690 $7.35 6,250 $1,448 $8.42 $1,206 $7.03 $965 $5.62 12,500 $1,974 $3.34 $1,645 $2.78 $1,316 $2.22 25,000 $2,392 $9.57 $1,993 $7.97 $1,594 $6.38 46% 54% E-' [see USC class designation] $0 $79.60 $0 $66.29 $0 $53.03 E-2 2,000 $1,592 $20.12 $1,326 $16.80 $1,061 $13.45 5,000 $2,196 $15.26 $1,830 $12.72 $1,464 $10.17 10,000 $2,959 $6.38 $2,466 $5.31 $1,972 $4.25 20,000 $3,597 $17.98 $2,997 $14.99 $2,398 $11.99 53% 47% MAXIMUS, Inc. Appendix 2 - Page 1 of 6 09/27/2005 City 01 Temeeula - Building Fee Analysis Consolidated Schedule of New Construction Fire Prevention Fees (All Construction Types) Construction Types: Construction Types: Construction Types: IFR,IIFR 111-HR,1II1-HR, V 1-HR IIN,IIIN,lV,VN Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost for Each UBe ProJect Size Threshold Additional Threshold AddlUonal Threshold Additional % % Class UBC Occupancy Type Threshold Size 100s.f. . Size 100s.f.* Size 100s.1. . Plan Check Inspection E-' [see use class designation] $0 $39.77 $0 $33.17 $0 $26.51 E-2 Tenant Improvements 2,000 $795 $10.10 $663 $8.38 $530 $6.71 5,000 $1,098 $7.63 $915 $6.35 $732 $5.09 10,000 $1,480 $3.19 $1,232 $2.66 $986 $2.13 20,000 $1,798 $8.99 $1,499 $7.49 $1,199 $5.99 53% 47% E-3 [see use class designationl - $0 $53.34 $0 $44.49 $0 $35.58 2,000 $1,067 $12.19 $890 $10.13 $712 $8.10 5,000 $1,433 $9.05 $1,194 $7.55 $955 $6.04 10,000 $1,885 $4.22 $1,571 $3.52 $1,257 $2.82 20,000 $2,308 $11.54 $1,923 $9.62 $1,538 $7.69 65% 35% E-a (see use class designation] $0 $39.40 $0 $32.85 $0 $26.25 - Tenant Improvements 2,000 $788 $8.21 $657 $6.85 $525 $5.48 - 5,000 $1,034 $5.99 $863 $4.99 $690 $4.00 10,000 $1,334 $3.09 $1,112 $2.58 $890 $2.06 20,000 $1,643 $8.22 $1,370 $6.85 $1,096 $5.48 76% 24% F-' [see use class designation} $0 $30.56 $0 $25.47 $0 $20.37 F-2 5,000 $1,528 $7.84 $1,273 $6.54 $1,019 $5.23 12,500 $2,116 $5.96 $1,764 $4.96 $1,411 $3.97 25,000 $2,861 $2.46 $2,384 $2.05 $1,907 $1.63 50,000 $3,475 $6.95 $2,896 $5.79 $2,316 $4.63 51% 49% F-' [see use class designation] $0 $20.37 $0 $16.98 $0 $13.58 F-2 Tenant Improvements 5,000 $1,019 $5.04 $849 $4.21 $679 $3.37 12,500 $1,397 $3.81 $1,164 $3.18 $932 $2.54 25,000 $1,874 $1.63 $1,562 $1.36 $1,249 $1.09 50,000 $2,280 $4.56 $1,901 $3.80 $1,521 $3.04 55% 45% H-l [see use class designation] $0 $178.26 $0 $148.50 $0 $118.84 H-2 1,000 $1,783 $46.25 $1,485 $38.57 $1,188 $30.81 H-3 2,500 $2,476 $35.13 $2,064 $29.30 $1,651 $23.43 5,000 $3,355 $14.34 $2,796 $11.95 $2,236 $9.56 - 10,000 $4,071 $40.71 $3,393 $33.93 $2,714 $27.14 50% 50% H-' [see UBe class designation) $0 $127.33 $0 $106.06 $0 $84.89 H-2 Tenant Improvements 1,000 $1,273 $32.21 $1,061 $26.90 $849 $21.52 H-3 2,500 $1,756 $24.44 $1,464 $20.33 $1,172 $16.26 5,000 $2,367 $10.21 $1,972 $8.51 $1,578 $6.81 10,000 $2,878 $28.78 $2,398 $23.98 $1,919 $19.19 53% 47% MAXIMUS, Inc. Appendix 2 - Page 2 of 6 09/27/2005 City 01 Temecula - BuildIng Fee Analysis Consolidated Schedule of New Construction Fire Prevention Fees (All Construction Types) Construction Types: Construction Types: Construction Types: IFR,II FR 111.HR, 1II1-HR, V l-HR IIN,IIIN,IV,VN Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost for Each use Project Size Threshold AddlUonal Threshold Additional Threshold Additional % % Class uae Occupancy Type Threshold Size 100s.f. * Size 100s.f. * Size 100s.f. * Plan Check Inspection H-4 (see uae class deSignation] $0 $150.39 $0 $125.34 $0 $100.29 H-5 1,000 $1,504 $35.56 $1,253 $29.62 $1,003 $23.68 2,500 $2,037 $26.62 $1,698 $22.18 $1,358 $17.73 5,000 $2,703 $11.97 $2,252 $9.98 $1,802 $7.99 10,000 $3,301 $33.01 $2,751 $27.51 $2,201 $22.01 61% 39% H-4 [see use class designation) $0 $113.81 $0 $94.84 $0 $75.88 H-5 Tenant Improvements 1,000 $1,138 $25.99 $948 $21.66 $759 $17.33 2,500 $1,528 $19.33 $1,273 $16.10 $1,019 $12.87 5,000 $2,011 $9.01 $1,676 $7.50 $1,340 $6.02 10,000 $2,462 $24.62 $2,051 $20.51 $1,641 $16.41 65% 35% H-6 (see use class designation] $a $81.32 $0 $67.75 $0 $54.23 H-7 2,000 $1,626 $17.92 $1,355 $14.95 $1,085 $11.95 5,000 $2,164 $13.25 $1,804 $11.05 $1,443 $8.82 10,000 $2,826 $6.42 $2,356 $5.34 $1,884 $4.29 20,000 $3,469 $17.34 $2,890 $14.45 $2,313 $11.56 69% 31% H-6 [see use class designation] $0 $57.95 $a $48.31 $0 $38.62 H-7 Tenant Improvements 2,000 $1,159 $12.30 $966 $10.24 $772 $8.21 5,000 $1,528 $8.99 $1,273 $7.50 $1,019 $5.99 10,000 $1,978 $4.56 $1,649 $3.79 $1,318 $3.04 20,000 $2,433 $12.17 $2,028 $10.14 $1,622 $8.11 74% 26% 1-1.1 [see use class deSignation] $0 $17.60 $0 $14.66 $0 $11.73 10,000 $1,760 $4.53 $1,466 $3.78 $1,173 $3.03 25,000 $2,440 $3.45 $2,033 $2.88 $1,626 $2.30 50,000 $3,302 $1.41 $2,752 $1.18 $2,201 $0.94 100,000 $4,009 $4.01 $3,341 $3.34 $2,672 $2.67 51% 49% 1-1.1 [see use class designation] $0 $10.16 $0 $8.47 $0 $6.77 Tenant Improvements 10,000 $1,016 $2.42 $847 $2.02 $677 $1.61 - 25,000 $1,379 $1.82 $1,150 $1.51 $919 $1.21 50,000 $1,833 $0.81 $1,528 $0.67 $1,222 $0.54 100,000 $2,237 $2.24 $1,864 $1.86 $1,492 $1.49 60% 40% 1-1.2 [see use class designation] $0 $82.74 $0 $68.96 $a $55.18 2,000 $1,655 $22.08 $1,379 $18.37 $1,104 $14.71 5,000 $2,317 $16.83 $1,930 $14.04 $1,545 $11.23 - 10,000 $3,159 $6.69 $2,633 $5.56 $2,106 $4.44 - 20,000 $3,827 $19.14 $3,189 $15.95 $2,551 $12.75 46% 54% MAXIMUS, Inc. Appendix 2 - Page 3 01 6 09/27/2005 City of Temecula - Building Fee Analysis Consolidated Schedule of New Construction Fire Prevention Fees (All Construction Types) Construction Types: Construction Types: Construction Types: I FR,II FR 1I1-HR, 11I1-HR, V 1.HR IIN,IIIN,IV.VN Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost for Each UBe Project Size Threshold Additional Threshold Additional Threshold Additional % % Class use Occupancy Type Threshold Size 100s.f. * SIz. 100s.f. * Size laOs." * Plan Check Inspection 1-1.2 [see use class designation) $0 $57.27 $0 $47.74 $0 $38.20 Tenant Improvements 2,000 $1,145 $15.06 $955 $12.54 $764 $10.03 5,000 $1,597 $11.49 $1,331 $9.58 $1,065 $7.65 10,000 $2,171 $4.61 $1,810 $3.85 $1,447 $3.08 20,000 $2,633 $13.16 $2,195 $10.97 $1,755 $8.78 48% 52% '-3 [see use class designation] - $0 $13.88 $0 $11.57 $0 $9.25 10,000 $1,388 $3.48 $1,157 $2.90 $925 $2.32 25,000 $1,909 $2.63 $1,592 $2.19 $1,273 $1.75 50,000 $2,568 $1.11 $2,140 $0.93 $1,711 $0.74 100,000 $3,123 $3.12 $2,603 $2.60 $2,082 $2.08 54% 46% '-3 (see use class designation] $0 $9.31 $0 $7.76 $0 $6.20 Tenant Improvements 10,000 $931 $2.28 $776 $1.90 $620 $1.52 25,000 $1,273 $1.72 $1,061 $1.43 $849 $1.14 50,000 $1,703 $0.74 $1,419 $0.62 $1,135 $0.50 100,000 $2,075 $2.08 $1,729 $1.73 $1,383 $1.38 57% 43% M (see use class designation] $0 $57.74 $0 $48.16 $0 $38.51 2,000 $1,155 $14.57 $963 $12.09 $770 $9.68 - 5,000 $1,592 $11.00 $1,326 $9.18 $1,061 $7.36 10,000 $2,142 $4.62 $1,785 $3.86 $1,428 $3.08 20,000 $2,604 $13.02 $2,170 $10.85 $1,737 $8.68 53% 47% M [see use class designation] $0 $35.58 $0 $29.66 $0 $23.74 Tenant Improvements 2,000 $712 $8.10 $593 $6.74 $475 $5.38 5,000 $955 $6.04 $795 $5.03 $636 $4.02 10,000 $1,257 $2.82 $1,047 $2.35 $837 $1.89 20,000 $1,538 $7.69 $1,282 $6.41 $1,026 $5.13 65% 05% R-l (see use class designation] $0 $9.35 $0 $7.80 $0 $6.23 R-2.1 5,000 $467 $2.25 $390 $1.87 $311 $1.51 12,500 $636 $1.70 $530 $1.42 $424 $1.13 25,000 $849 $0.75 $707 $0.62 $566 $0.49 50,000 $1,035 $2.07 $863 $1.73 $690 $1.38 58% 42% R-l {see use class deSignation] $0 $5.70 $0 $4.74 $0 $3.79 R-2.1 Tenant Improvements 5,000 $2a5 $1.29 $237 $1.09 $190 $0.87 - 12,500 $381 $0.97 $319 $0.80 $255 $0.65 25,000 $503 $0.45 $419 $0.37 $305 $0.30 50,000 $615 $1.23 $512 $1.02 $410 $0.82 65% 05% MAXIMUS, Inc. Appendix 2 - Page 4 of 6 09/27/2005 City of Temecula - Building Fee Analysis Consolidated Schedule of New Construction Fire Prevention Fees (All Construction Types) Construction Types: Construction Types: Construction Types: IFR,IIFR 1I1-HR, 1II1-HR, V '-HR IIN,1II N,IV, V N Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost for Each UBC Project Size Threshold Additional Threshold Additional Threshold Additional % % Class UBe Occupancy Type Threshold Size 100s.f. . SIz. 100s.f.* Size 100s.l. * Plan Check Inspection R-3 OweUings - Model n.a. n.a. n.a. n.a. $0 $42.44 (First Unit of Tract) 1,000 n.a. n.a. n.a. n.a. $424 $0.00 - 2,500 n.a. n.a. n.a. n.a. $424 $0.00 5,000 n.a. n.a. n.a. n.a. $424 $0.00 10,000 n.a. n.a. n.a. n.a. $424 $4.24 50% 50% R-a Dwellings. Repeats n.a. n.a. n.a. n.a. $0 $4.20 (Additional Units of 1,000 n.a. n.a. n.a. n.a. $42 $0.00 Tract/Subdivision) 2,500 n.a. n.a. n.a. n.a. $42 $0.00 5,000 n.a. n.a. n.a. n.a. $42 $0.00 - 10,000 n.a. n.a. n.a. n.a. $42 $0.42 50% 50% R-3 Dwellings - Custom - n.a. n.a. n.a. n.a. $0 $42.44 1,000 n.a. n.a. n.a. n.a. $424 $0.00 2,500 n.a. n.a. n.a. n.a. $424 $0.00 5,000 n.a. n.a. n.a. n.a. $424 $0.00 10,000 n.a. n.a. n.a. n.a. $424 $4.24 50% 50% S-1 [see USC class designation] - $0 $15.93 $0 $13.29 $0 $10.63 S-2 5,oaO $796 $3.61 $664 $2.99 $5a1 $2.40 12,500 $1,067 $2.67 $889 $2.23 $712 $1.78 25,000 $1,400 $1.26 $1,167 $1.05 $934 $0.84 50,000 $1,716 $3.43 $1,429 $2.86 $1,144 $2.29 66% 34% S-1 [see use class designation] $0 $8.80 $0 $7.34 $0 $5.87 S-2 Tenant Improvements 5,000 $440 $1.93 $367 $1.61 $293 $1.29 12,500 $585 $1.43 $487 $1.19 $390 $0.96 25,000 $764 $0.70 $636 $0.58 $509 $0.46 - 50,000 $938 $1.88 $781 $1.56 $625 $1.25 69% 31% s-a {see USC class designation] $0 $75.14 $0 $62.67 $0 $50.09 S-4 1,000 $751 $17.82 $627 $14.81 $501 $11.88 S-5 2,500 $1,019 $13.29 $&19 $11.07 $679 $8.89 5,000 $1,351 $5.99 $1,126 $4.99 $901 $3.98 - 10,000 $1,651 $16.51 $1,375 $13.75 $1,100 $11.00 61% 39% s-a (see USC class designation] $0 $36.58 $0 $30.50 $0 $24.31 S-4 Tenant Improvements 1,000 $366 $9.57 $305 $7.96 $243 $6.43 S-5 2,500 $509 $7.29 $424 $6.08 $340 $4.86 - 5,000 $692 $2.96 $576 $2.45 $461 $1.97 10,000 $839 $8.39 $599 $6.99 $560 $5.60 4a% 52% MAXIMUS, Inc. Appendix 2 - Page 5 of 6 09/27/2005 City 01 Temecula - Building Fee Analysis Consolidated Schedule of New Construction Fire Prevention Fees (All Construction Types) Construction Types: Construction Types: Construction Types: IFR,IIFR IIt-HR, IIIt-HR, V l-HR II N, IIIN, IV, VN Base Cost @ Cost for Each Base Cost @ Cost for Each Base Cost @ Cost for Each UBC Project Size Threshold Additional Threshold Additional Threshold Additional % % Class UBe Occupancy Type Threshold Size 100s.'. . Size 1005.1. * Size 100s.f. . Plan Check Inspection u-, Custom Homes $0 $63.72 $0 $53.03 $0 $42.34 U-2 500 $319 $10.62 $265 $8.80 $2'2 $7.13 1,250 $398 $7.29 $001 $6.12 $265 $4.95 2,500 $489 $4.90 $408 $4.11 $327 $3.23 5,000 $612 $12.24 $510 $10.21 $4oa $8.15 100% 0% U-1 Tract Repeat n.a. n.a. n.a. n.a. n.a. n.a. U-2 500 n.a. n.a. n.a. n.a. n.a. n.a. 1,250 n.a. n.a. n.a. n.a. n.a. n.a. 2,SOD n.a. n.a. n.a. n.a. n.a. n.a. 5,000 n.a. n.a. n.a. n.a. n.a. n.a. 43% 57% AU Shell Buildings $0 $11.72 $0 $9.77 $0 $7.82 5,000 $596 $3.00 $499 $2.50 $391 $2.00 12,500 $811 $2.28 $676 $1.90 $541 $1.53 25,000 $1,096 $0.94 $914 $0.78 $732 $0.62 50,000 $1,332 $2.66 $1,110 $2.22 $888 $1.78 51% 49% Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. Average % Plan Check 56% Average % Ins ection 44% MAXIMUS, Inc. Appendix 2 - Page 6 of 6 09/27/2005 City of Temecula - Building Fee Analysis POTENTIAL FEE SCHEDULE FOR MISCELLANEOUS ITEMS Fire Prevention Bureau Current Fee (based upon calculated Work Item Unit hou~y rate) Standard Hourly Rate $101 Antenna each $71 Radio, <30 ft each $71 Radio, >30 ft each $71 Dish>2ft each $71 Cellular/Mobile Phone, free-standing each $334 Cellular/Mobile Phone, attached to building each $202 Awning/Canopy (supported by building) each $405 Balcony addition each $304 Carport each $71 Close Existing Openings Interior wall each $142 Exterior wall each $142 Commercial Coach (per unit) each unit $304 Covered Porch each $71 Deck (wood) each $101 Demolition (up to 3,000 5.1.) each $202 Additional demolition each 3,000 sf $202 Door New door (non structural) each $71 New door (structural shear wall/masonry) each $71 Duct Detector Inspection 1-2 Detectors 1-2 det. $202 Each Additional Detector each $71 Fence or Freestanding Wall (non-masonry) $101 6 - 10 feet In height upto 100 1.1. $10 Each additional 100 If each 100 I.f. $10 Over 10 feet In height up to 100 1.1. $10 Each additional 1 00 If each 100 1.1. $10 Fence or Freestanding Wall (masonry) Masonry, Standard (6-8 feet high) up to 1001.1. $10 Each additional 100 If each 100 Lt. $10 Masonry, Special Design (6-10' high) Each additional 100 If each 100 I.f. $10 Masonry, Special Design (over 10' high) up to 100 1.1. $10 Each additional 100 If each 100 I.f. $10 MAXIMUS, Inc. Appendix 2 - Page 1 of 2 Recommended Fee (based upon calculated hou~y rate) $106 $74 $74 $74 $74 $350 $212 $424 $318 $74 $149 $149 $318 $74 $106 $212 $212 $74 $74 $212 $74 $106 $10 $10 $10 $10 $10 $10 $10 $10 $10 09/27/2005 City of Temecula - Building Fee Analysis POTENTIAL FEE SCHEDULE FOR MISCELLANEOUS ITEMS Fire Prevention Bureau Current Fee (based upon calculated Work Item Unit hourly rate) Partition - Commercial, Interior (up to 30 Lt.) up to 30 I.f. $304 Additional partition each 30 I.t. $10 Room Addition - First Story Up to 300 sJ. up to 300 s.t. $172 Additional room addition each 300 sJ. $10 Room Addition - Multi-story $0 Up to 300 s.t. up to 300 sJ. $172 Additional room addition each 300 sJ. $10 Skylight Less than 10 sf each $202 Greater than 10 sf or structural each $202 Stairs. First Flight first flight $121 Each additional flight per flight $121 Storage Racks 0-8' high (up to 100 If) first 100 II $202 each additional 100 If each 100 If $71 over 8' high (up to 100 If) first 100 If $202 each additional 1 00 If each 100 If $71 Disabled Access Compliance Inspection per hour $101 Address Assignment per hour $10 Supplemental Plan Check Fee (first 1/2 hour) each $101 Each Additional 1/2 hour (or portion thereof) per 1/2 hour $51 Supplemental Inspection Fee (first 1/2 hour) each $101 Each Additional 1/2 hour (or portion thereof) per 1/2 hour $51 MAXIMUS, Inc. Appendix 2 . Page 2 of 2 Recommended Fee (based upon calculated hourly rate) $318 $10 $180 $11 $0 $180 $11 $212 $212 $127 $127 $212 $74 $212 $74 $106 $11 $106 $53 $106 $53 09/27/2005 APPENDIX 3 , ::. '.; ,.. _ . r-"" "- 6 MAXrMUS, Inc. City of Temecula USER FEE STUDY FEE RECOMMENDATION SUMMARY PLANNING DEPARTMENT fl!!..~ RECOMMENDED FEES " R_",., Recommended (~~~I FM' FIl8 Service Neme / Descrlntlnn CurrsntFIl8 FM 1 GPA-TXTIMAP NOT LSTD . 4,725 . 4,952 '00% 2 AMDMNT-ZNING & LNOMP . 3,778 . 3,959 100% 3 AMDMNT-ZNING OR LDMP . 2,556 . 2,679 '00% 4 AMDMNTTO CITY ORD . 4,010 . 4,202 '00% 5 SPECIFIC PLAN-NEW . 38.906 . 40,773 '00% 6 SPEC PLN AMOMNT MJR . 19.230 . 20,153 '00% 7 SPEC PLN AMDMNT MNR . 7,438 . 7,795 '00% 8 CUP $ 2,447 $ 2,564 '00% sa CUP wlDEV PLAN . 734 . 769 '00% . LARGE FAM DY CR PRMT . 1>" $ '.556 '00% 12 OEV PLN.NEW >1001< sf . 6,679 . 7,rm 100% 13 DEV PLN-NEW lo-l00K . 6,049 $ 6,339 '00% 14 DEV PLN-NEW <10K sf l 4>56 l 4,460 '00% 15 MAJOR MODIFICAlTON l 3,633 l 3,= '00% 16 MINOR MOD-APPRVD PRJ . 1,786 . t8n '00% 17 MINOR MOD-PLN DEP RV l 135 . 14' '00% 18 VARIANCE l 2,743 l 2,875 '00% 19 MINOR EXCEPTION . 422 . 442 100% '" MINOR EXCEPTION-INDIVIDUAL HOMEOWN . 105 . 110 100% 20 T.U.P. MINOR . 17 . 17 100% 21 T.U.P. MAJOR . 123 . 123 100% 22 T.U.P. MAJOR-NON PFT . 60 . 60 100% 23 T.U.P. MINOR-NON PFT . 26 . 26 100% 24 SIGN PROGRAM . 2,100 . 2.201 100% 2S TEMP SIGN PERMIT . 21 . 22 100% 26 RSDNTL PROCT RVW . 8,405 . 8.80S 100% 27 SECOND UNIT PERMIT l 230 l 241 100% " VENDORS PERMIT . 40 . 42 100% 29 TIME EXT W/O PH . 265 l 278 100% 30 TIME EXT Wt PH . 891 . .34 100% 31 APPEAL l 32S l 341 '00% 32 ZONING PLNG LETTER . 20 . 21 '00% 33 DEV. AGREEMENT . 28,668 l 30,044 '00% 33' MAJOR MOD TO APPVD DEV OR ANNEX . 10,034 . 10,516 '00% 33b MINOR MOD TO APPVD DEV OR ANNEX l 2,867 l 3,005 100% 34 ANNEXATION AGRMNT . 24,643 . 25,826 '00% 35 SUBSTNL CNFRMNCE S.P l 2,446 l 2,863 '00% 36 LNDSCPE CNSTRCTN PLN l 521 l 546 '00% 37 CERT. OF HSTAC APPR . 37S l 393 '00% 36 MASSAGE EST. PERMIT . 429 . 460 '00% 36a MASSAGE EST. PERMIT-RENEWAL . 200 . 210 100% 380 MASSAGE PRACTITIONER'S LICENSE l 50 . 52 100% 39 TENTTRCTMP5-34LT . 6,132 l 6,426 100% 40 TENTTRCTMP35-751T . 6,80S l 6,"" 100% 41 TNTTRCTMP75-165 . 7,497 . 7,657 100% 42 TNTTRCTMP >166 LTS . 8,158 . 8,550 100% 43 RVSDTNTTRCTMAP . 3,417 . 3,581 100% 44 VST TNT TACT 5-34 L T . 7,735 . 8,106 100% 45 VST TNT TACT 35-75 . 8.00. . 8,393 100% 46 VST TNT TRCT 75-165 . 8,845 . 9.270 100% 47 VST TNT TRCT >166 LT . '.349 . 9,798 100% 48 RVSD VSTTNTTRCT MP . 5,126 l 5,372 100% 48 PARCEL MAP.RSDNTL . 1,726 . 1.80S 100% 50 PARCEL MAP.cOMM. l 2,763 . 2,917 '00% 51 REVISED PARCEL MAP l 793 . 89' '00% 52 CONDO MAP . 7,437 l 7,794 '00% 53 COMM. INTRST OEV CNV l 3,435 . 3,500 '00% 54 MNR CHG-APRVD TNT MP . 1,001 l ',049 '00% 65 TNT RES PRCL MP wrwv l 1,457 . ',527 '00% 56 TNT COM. PCL MP wrwv l 1,901 . ',992 '00% 67 PHSNG PLN- TENT MAP . 1,201 . '''' 100% 56 MERGER.cNTGUOUS PRCL . S64 l 895 100% 59 LOT LINE ADJUSTMENT . 318 . 333 100% 60 CERT-LND DIV. COMPLN . 516 . 541 100% 61 REVERSION TO ACREAGE . 4S6 . 478 100% 52 TIME EXT-SUBVSN ORD . 1,541 . 1,615 100% 63 AOLT BUS. ORD C.U.P. . 8,645 . 9,063 100% 54 AOLT BUSORD EMP PMT . 64 . 67 '00% 65 AOLT BUSORD OWNER . 122 . 128 100% 66 RECORDS RESEARCH . 113 l 118 100% 67 ANNEXATIONlDETACHMNT l 13,933 . 14,602 '00% 66 ENVRMNTL OTRMINATIQN . 217 l 227 '00% 69 NEGDEC . 3,694 . 3,871 '00% 70 MITIGATED NEG DEC l 4,863 . 5,096 '00% 71 APPLCNT MNGO E.I.R . 38,735 l 40,594 100% 72 CITY MNGD E.I.R l 30,872 . 32,354 '00% 73 D.I.F. REDUCTION . 110 l 115 100% 74 FNOG OF CONVNC/NECST l 789 . 827 100% 7" FNDG OF CONVNClNECST WIOEV PLAN . 789 . 827 100% 75 VSTNG TENT PARCEL MP l 2,450 . 2,568 100% 76 PLND OEV. OVERtAY . 22,672 l 23,760 100% T7 PC PBLC PRKS <5 ACRE . 40 . 42 100% .4;>pendix3-Pagelof2 0912712005 City d Temecufa USER FEE STUDY FEE RECOMMENDATION SUMMARY PLANNING DEPARTMENT RECOMMENDED FEES % Recovery Recommended (:a~:l 'H' FeeServlceNamefOescr1ptlon Current Fee 'H ~ 78 PC PBLC PRKS 5-10 AC . 65 . 66 100% I 79 PC PBLC PRJ<S > 10 ACR . 70 . 73 100% I 50 PC MEDIANS <10K SF . 42 . 44 100% 81 PC MEDIANS lG-25K SF . 71 . 74 100% 82 PC MEDIANS >251< SF . 109 . '" 100% 83 PC SLOPES <15OK SF . OS . 66 100% 64 PC SLOPES 150-250 SF . 109 . "' 100% as PC SLOPES >2501< SF . 123 . '" 100% ew 86 PW GRADING <500 CV . 21 . 22 100% 87 PW GRADING 501-5K CV . 41 . 43 100% 86 PW GRONG 5-101< CY . 46 . 48 100% B9 PW GRONG 10-501< CY . 109 . "' 100% SO PW GRONG 5O-100K CY . 121 . 127 100% 92 PW GRONG >100K 010K . 5 . 5 100% 93 PW CLEARING PER ACRE . 7 . 7 100% 94 PW ONSITE IMPRVMNTS . 196 . 205 100% 95 PW SBDVSN P GRD BS F . 101 . 106 100% 96 PW FNL AMND MAP . 71 . 74 100% 97 PW SUMMARY VACATION . 120 . 126 100% 98 PW FULL GEN VACATION . 164 . 203 100% 98 PW FNL PRCL MAP BS F . 291 . 306 100% 100 FNL TRCT MAP BS FEE . 561 . 568 100% 101 CLEARING PMT BSE FEE . 82 . 86 100% 102 NON FEE ACTIVITY . . 0% 103 ADVANCE PLANNING . . 0% 104 CODE ENFORCEMENT . . 0% 105 CITYWIDE ADMIN . . 0% 106 BLDG SUPPORT . . 0% 107 HOME OCCUPATION PERMIT . 20 . 20 100% 108 ARCHITEClUAL PLAN REVIEW FEE $.05'S ft $.05's ft 100% 109 TELECOMMUNICATlOlIl APP REV FEE . 2,000 . 2,000 100% "' WOMP GRADED SITE 0-5 ACRES . 1,000 . 1,000 DEPOSIT 111 WOMP GRADED SITE 5.01-10 ACRES . 1,500 . 1.500 DEPOSIT 112 WOMPGRADED SITE 10.01.15ACRES . 2,000 . 2.000 DEPOSIT 113 WOMPGRADED SITE 15.01 & > ACRES . 2,500 . 2,500 DEPOSIT MAXIMUS, h::. Appendix 3. Page 2 012 09(2712005 APPENDIX 4 ,,~,. :."\,.. ,.: 7 City 01 Temecuf. USER FEE STUDY FEE RECOMMENDATION SUMMARY PUBUC WORKS DEPARTMENT RECOMMENDED FEES % Recovery Recommended (~~I Fe.. Fee Service Name I DescrlDtlon Current Fee Fee 1 GRD INSP <500 CY , 362 , 379 100% 2 GRD INSP 501-5K CY , 436 , 457 100% 3 GRD INSP 5-10KCY , S22 , 547 100% 4 GRD INSP 1(}..50K CY , 737 $ 772 100% 5 GRD INSP 50-lOOK , 999 , 1,047 100% 6 GRD INSP >looK , 1,279 , 1,340 100% 7 GRD INSP >looK@10K , 49 , 51 100% 8 CLRNG INSP PER ACRE , 100 , 105 100% 9 DEVPLN ONSITE INS? , 316,546 , 331,740 100% 10 OFFsrrE IMPVMNT INSP , 379,597 , 397,818 100% 11 PARKWAY DRAIN PERMIT , 47 , 49 100% 12 COMM. DRVWAY PRMT , 64 , 67 100"", 13 RES. DRVWAY PRMr , 47 , 49 100% 14 EXCVTNISTRT XING PMT , 187 , 175 100% 15 EXCVTNfPARALLEl PMT , 187 , 175 100% 18 UTlITY CO. PMTIMONTH , 103 , 108 100% 17 USA SERVICE PMT , 140 , 147 100% 18 STREET CLOSURE pm , 100 , 105 100% 19 BLOCK PARTY PMT , 22 , 23 100% 20 MOV!E FILMING PERMIT , 140 , 147 100% 21 TREE TRIMMING PERMIT , 2S , 26 100% 22 UTLTY BLANKET PMT 1 , 33 , 3S 100% 23 TRANS-oVRSZE ANNUAL , 60 , 63 100% 24 TRANS-oVRSZE ONCE , 25 , 26 100% 25 CERT OF CORR DCMNT , 558 , S85 100% 26 SUMMARYVAC.DCMNT , 783 , 821 100% 27 MISC LEGAL DOC , 294 , 308 100% 28 FULL GEN VAC. DCMNT , 2,506 , 2,626 100% 29 PBlC DEDICTN-NO MAP , 87' , 921 100% 30 FNL AMNDND MAP DCMNT , 288 , 302 100% 31 MONUMNET REVIEW , 274 , 287 100% 32 FINAL MAP 4TH & SUB , 173 , 181 100% 33 FNl PRCL MAP DCMNT , 1,807 , 1,894 100% 34 FNL TRCT MP BASE FEE , 1,808 , 1,893 100% 3S FNL TACT MP PER lOT , 50 , 52 100% 36 FEMA CLOMR DCMNT , 4,152 , 4,351 100% 37 FEMA LOMR DCMNT , 1,328 , 1,392 100% 36 FEMA LOMA DOCUMENT , 1,446 , 1,515 100% 39 HYDROLOGY<l50AC , 1,711 , 1,793 100% 40 HYDROLOGY>l50AC , 2,495 , 2,615 100% 41 ClRNG PC PER ACRE , 50 , 52 100% 42 GROG PC <500 CY , 367 , 385 100% 43 GROG PC 501-5K , 471 $ 494 100% 44 GRDGPC5oo1-10K , 645 $ 676 100% 45 GROG PC loo01-50K , 765 $ 802 100% " GROG PC 50K-l00K , "6 , 1,033 100% 47 GROG PC >100K@10 , 64 , 67 100% " DEVPlN ONSIlE IMP PC , 300,345 $ 314,762 100% 49 GRADING PLN RVSN , 206 , 218 100% 50 PC 4TH & SUBSQNT , 79 , 83 100% 51 SUBDV PGP BASE FEE , 110 $ 115 100% S2 SUBDV PGP PER LOT , 25 , 26 100% 53 DEVPLN OFFSITE PC , 294,557 $ 308,696 100% 54 PERMIT FEE , 25 , 26 100% SS TlA-MAJOR , 2,000 , 2,096 100% " TlA - MINOR , SOO $ 524 100% S7 TRF CNTRl PLN PRlSHT , 50 $ 62 100% 09fl712005 MAXlMUS, Inc. Appendix4-Paget 012 ~Parks ;1005 I I Planning ,- MAXlMUS, Inc. City of Temecula USER FEE STUDY FEE RECOMMENDATION SUMMARY PUBLIC WORKS DEPARTMENT RECOMMENDED FEES % Recovery Fee Service Name I Descrlntlon Recommended (of full Fee. Current Fee Fee ",.n 64 PC LNDSCP MEON <10SF $ 26 $ 27 100% 65 PC LNOS MEDN 1Q-25SF $ 26 $ 27 100% 66 PC LNDS MEDN :>25K SF $ 44 $ 46 100% 100 GPA.TXT/EXHBT NT LST $ 659 $ 691 100% 101 AMDMT ZNG & GPLND MP $ 376 $ 394 100% 102 AMDMT ZNG OR GPLD MP $ 266 $ 279 100% 103 AMNDMNT TO CTY ORD $ 103 $ 108 100% 104 SPECIFIC PLN-NEW $ 10,161 $ 10,649 100% lOS SPCFC PLN AMND-MJR $ 4,834 $ 5,066 100% 106 SPCFC PLN AMND-MNR $ 913 $ 957 100% 107 TIME EXT WIOUT PH $ 499 $ 523 100% 108 TIME EXT. WI PH $ 998 $ 1,046 100% 110 DVPLN NW BLD >100K $ 2,396 $ 2,511 100% 111 DVPLN NW BLD 10.100K $ 1,643 $ 1,931 100% 112 DVPLN NW BLD <10K SF $ 1,511 $ 1,594 100% 113 MJR MODIFICATION $ 468 $ 490 100% 114 MNR MOD.APPRVD PRJCT $ 248 $ 260 100% 115 VARIANCE $ 7 $ 7 100% 116 T.U.P. MINOR $ 21 $ 21 100% 117 T.U,P. MAJOR $ 48 $ 48 100% 118 T.U.P. MAJOR NON PFT $ 10 $ 10 100% 119 T.U.P. MINOR NON PFT $ 10 $ 10 100% 120 2ND UNIT PERMIT $ 167 $ 175 100% 121 CUP wlDEV PLAN $ 51 $ 53 100% 122 APPEAL $ $ 0% 123 DEV. AGREEMENT $ 2,580 $ 2,704 100% 12. ANNEXATION AGRMENT $ 2,501 $ 2,621 100% 125 SBSTNL CNFRMNC S,P. $ 555 $ sa2 100% 126 TNT TACT MP 5-34 $ 1,773 $ 1,858 100% 127 TNT TACT MP 35-75 $ 2,159 $ 2,263 100% 128 TNTTRCT MP 76-165 $ 2,506 $ 2,626 100% 129 TNTTRCT MP :>166 LTS $ 2,855 $ 2,992 100% 130 RVSD TNT TRCT MAP $ 613 $ 642 100% 131 VST TRCT MP 5-34 L TS $ 2,930 $ 3,071 100% 132 VSTG TNT TACT 35-75 $ 3,480 $ 3,647 100% 133 VSTG TNT TACT 76-165 $ 4,052 . 4,246 100% 134 VSTG TNT TACT :>166 $ 4,619 $ 4,641 100% 13S RVSD VSTG TNT TACT M $ 1,343 $ 1,407 100% 136 PRCL MAP.RSDNTL . 1,140 $ 1,195 100% 137 PARCEL MP-COMMRCIAL $ 1,074 $ 1,126 100% 138 AVSD PARCEL MAP $ 643 $ 67' 100% 139 CONDO MAP $ 1,079 $ 1,131 100% 140 CMMN INRST DEV CNVAS . 2.2 . 264 100% 141 MNA CHNG APRVD TNT M . 448 $ 470 100% 142 TNT RSDNTL PRCL MP $ 830 $ 670 100% 143 TNT CMN PRCL MP WI W $ 830 $ 670 100% 144 PHSNG PLN TENT MAP $ 621 $ 651 100% 145 MRGR OF CONTGS PRCLS $ 646 $ 572 100% 146 LOT LINE ADJSTMENT $ 646 $ 572 100% 147 CERT OF lND DIV COMP $ 547 $ 573 100% 148 RVRSN TO ACEAAGE $ 162 $ 170 100% 149 EXT OF TME SBVSN ORD $ 6S5 $ 582 100% 150 ANNXTNlDETACHMENT $ 2,748 $ 2,880 100% 151 MmGATED NEG DEC $ 167 $ 196 100% 152 APLCNT MNGO EIR $ 9,267 $ 9,712 100% 153 CITY MNGO EIR $ 4,866 $ 5,100 100% 154 OIF REDUCTION . 622 $ 652 100% lsa SLOG SUPPORT $ $ 0% 157 NON FEE ACTIVITY $ $ 0% 158 PLANNED DEVELOPMENT OVERLAY $ 1,137 $ 1,192 100% 09I27f2005 Appendix4-Page2of2 APPENDIX 5 t--:";.~ _: ~.~ _ .'.', 8 City of Temecufa USER FEE STUDY FEE RECOMMENDATION SUMMARY COMMUNITY SERVICES DEPARTMENT I~w L- RECOMMENDED FEES % Roco""'Y Recommended (of full Fee' Fee Service Name I Descrlotlon Current Fee Fee costl INDIVIDUAL NOT PROGRAM COSTSlFEES 40 DEVELOPER ELECTIONS $ 800 $ 8sa 100% 41 PC PARK <5 ACRES $ 6,826 $ 7,154 100% 42 PC PARK 5-10 ACRES $ 9,898 $ 10,373 100% 43 PC PARK >10 ACRES $ 15,059 $ 15,782 100% 44 PC MEDIAN <10K SF $ 1,869 $ 1,959 100% 4S PC MEDIAN 10-25K SF $ 2,923 $ 3,063 100"/0 46 PC MEDIAN >25K SF $ 3,970 $ 4,161 100% 47 PC SLOPES <150K SF $ 2,394 $ 2,509 100% 48 PC SLOPES 150-250 SF $ 4,513 $ 4,730 100% 49 PC SLOPES >250K SF $ 6,656 $ 6,975 100% 50 INSP PRK <5 ACRES $ 3,184 $ 3,337 100% 51 INSP PRK 5-10 ACRES $ 4,738 $ 4,965 100"/0 S2 INSP PRK >10 ACRES $ 7,806 $ 8,181 100% 53 INSP MEDIAN> 10K SF $ 1,428 $ 1,497 100% 54 INSP MEDIAN 10-25 SF $ 2,391 $ 2,506 100% SS INSP MEDIAN >25K SF $ 3,197 $ 3,350 100% 56 INSP SLOPES <150K SF $ 1,652 $ 1,731 100% S7 INSP SLOPES 150-250K $ 2,925 $ a,065 100% sa INSP SLOPES >250K SF $ 4,562 $ 4,781 100% 61 DEV PlN NEW <10K SF $ 451 $ 473 100% 62 DEVELOPMENTAGRMNT $ 7,452 $ 7,810 100% 63 ANNEXATION AGRMNT $ 7,266 $ 7,615 100% 64 SBSTNL CNFRMNCE S.P. $ 2,053 $ 2,152 100% 66 TNT TRCT MP 5-34 L T $ 522 $ 547 100% 67 TNT TRCT MP 35-75 LT $ 714 $ 748 100% 66 TNT TRCT MP 76.165l $ 727 $ 762 100% 69 TNTTRCTMP >166 LTS $ 929 $ 974 100% 70 RVSD TNT TRCT MP $ 613 $ 642 100% 71 VSTNG TNT TRCT 5-34 $ 187 $ 196 100% 72 VSTNG TNT TRCT 35-75 $ 410 $ 430 100% 73 VSTNG TNT TRCT76-165 $ 410 $ 430 100% 74 VSTNG TNT TRCT >166 $ 410 $ 430 100% 7S RVSD VSTNG TNT TRCT $ 153 $ 160 100% 76 PRCL MP RESIDENTIAL $ 187 $ 198 100"/0 77 PRCL MAP COMMERCIAL $ 412 $ 432 100% 78 RVSD PRCL MAP $ 1,266 $ 1,327 100% 79 CONDO MAP $ 604 $ 6aa 100% 80 PHSNG PlN TRCT MAP $ 1142 $ 882 100% 81 EXT OF TME SUB. ORD $ 556 $ 583 100% 82 ANNXTNlDETATCHMENT $ 12,539 $ 13,141 100% 83 VSTNG TENT PRCL MAP $ 410 $ 430 100% 84 APPLCNT MANAGED ErR $ 8,273 $ 8,670 100% 85 CITY MANAGED EIR $ 2,310 $ 2,421 100% 86 SPECIFIC PLAN-NEW $ 13,768 $ 14,429 100% 87 SPECIFC PlN AMND MJR $ 2,058 $ 2,157 100% 66 SPCFC PLN AMND MNR $ 775 $ a12 100% 89 DEV PLN NEW >looK SF $ 1,096 $ 1,149 100% 90 DEV PLN NEW 10-1ooK $ 604 $ 6aa 100% 91 MAJOR MODIFICATION $ 718 $ 752 100% 92 TIME EXT. WI PH $ 317 $ 332 100% 93 TIME EXT. WID PH $ 317 $ 332 100% 94 MNR CHG APRVD $ 126 $ 132 100% 9S TNT RES PRCL MAP WI $ 187 $ 196 100% 96 TENT COM. PRCl MP WI $ 187 $ 196 100% 97 FNl PRCl MP BSE FEE $ 141 $ 146 100% 98 FNL TRCT MP BASE FEE $ 975 $ 1.022 100% 99 OFF SITE IMPVMNTS $ 187 $ 196 100% 100 NON FEE ACTIVITY $ $ - 100% 'Planning fees MAXIMUS, Inc. Appendix5-Page1011 09/2712005 APPENDIX 6 i:" ~ : ~." .7:, ", " 9 City of Temecula USER FEE STUDY FEE RECOMMENDATION SUMMARY FIRE PREVENTION (OTHERlNON-BUILDING) RECOMMENDED FEES % Recovery Recommended (of full Fee # Fee Service Name I DescriDtion Current Fee Fee cost) 1 SPRKLR PC NW 1-100 $ 424 $ 444 100% 2 SPRKLR PC NW 100-300 $ 557 $ 584 100% 3 $PRKLR PC NW 300-700 $ 691 $ 724 100% 4 $PRKLR PC >700 $ 822 $ 861 100% 5 SPRKLR IN NW 1-100 $ 467 $ 489 100% 6 S?RKLR IN NW 100-300 $ 710 $ 744 100% 7 SPRKLR IN NW 300-700 $ 952 $ 998 100% 8 SPRKLR IN >700 $ 1.3n $ 1.443 100% 9 S?RKLR PC Tl1-10 $ 225 $ 236 100% 10 SPRKLR PC Tll'-50 $ 291 $ 305 100% 11 SPRKLR ?C TI 51-100 $ 424 $ 444 100% 12 SPRKLR PC TI >100 $ 823 $ 863 100% 13 SPRKLR INSP T11-10 $ 286 $ 300 100% 14 SPRKLR INS? T111-50 $ 407 $ 427 100% 15 SPRKLR INS TI 51-100 $ 528 $ 553 100% 16 SPRKLR INSP TI >100 $ 770 $ 807 100% 17 ALRM PC NW 1-10 $ 291 $ 305 100% 18 ALRM PC NW 11-50 $ 424 $ 444 100% 19 ALRM PC NW 51-100 $ 757 $ 793 100% 20 ALRM PC NW >100 $ 1,158 $ 1,214 100% 21 ALRM INSP NW 1-10 $ 407 $ 427 100% 22 ALRM INSP NW 11-50 $ 589 $ 617 100% 23 ALRM INSP NW 51-100 $ 892 $ 935 100% 24 ALRM INSP NW >100 $ 1,864 $ 1,953 1000Al 25 ALRM PCTll-10 $ 291 $ 305 100% 26 ALRM PC Tll'-50 $ 424 $ 444 100% 27 ALRMPCTI51-100 $ 757 $ 793 100% 28 ALRM PC Tl >100 $ 1,158 $ 1,214 1000/0 29 ALRM INS? T11-10 $ 407 $ 427 100% 30 ALRM INSP T111-50 $ 588 $ 616 100% 31 ALRM INSP T151-100 $ 892 $ 935 100% 32 ALRM INS? TI >100 $ 1,864 $ 1,953 100% 33 UNDRGD SPKLR PC $ 491 $ 515 100% 34 UNDGRD HYDRNTS PC $ 491 $ 515 100% 35 UNDGRD COMBO PC $ 624 $ 654 100"'" 36 UNDGRD SPKLR INSP $ 467 $ 489 100% 37 UNDGRD HYDRNTS INSP $ 528 $ 553 100% 38 UNDGRD COMBO INSP $ 650 $ 681 100% 39 RES. $PRKLR PC $ 349 $ 366 100% 40 RES. SPRKLR INSP $ 155 $ 162 100% 41 HOOD & DUCT SYS PC $ 332 $ 348 100% 42 HOOD & DUCT SYS INS? $ 228 $ 239 '00% 43 FIRE PUMPS ?C $ 499 $ 523 100% 44 FIRE PUMPS INSP $ 781 $ 818 100% 45 S?RA Y BOOTH ?C $ 363 $ 360 100% 46 SPRAY BOOTH INSP $ 446 $ 467 100% 47 FOAMlLIQ SYSTMS PC $ 367 $ 385 100% 48 FOAMlLIQ SYSTMS INSP $ 363 $ 360 100% 49 ESFR PC $ 822 $ 861 100% 50 ESFRINSP $ 588 $ 616 100% 51 DRY CHEM SYSTMS PC $ 233 $ 244 100% 52 DRY CHEM SYSTMS INSP $ 228 $ 239 100% 53 C02 SYSTMS PC $ 367 $ 365 100% 54 C02 SYSTEMS INSP $ 453 $ 475 100% 55 INERT GAS SYSTMS PC $ 431 $ 452 100% 56 INERT GAS SYSTM INSP $ 453 $ 475 100% 57 VAPOR RECOVERY PC $ 431 $ 452 100% 58 VAPOR RECOVERY INSP $ 394 $ 413 100% 59 MEDICAL GASES PC $ 302 $ 316 100% 60 MEDICAL GASES INS? $ 227 $ 238 100% 61 INDUSTRIAL GASES PC $ 367 $ 365 100% 62 INDUSTRL GASES INSP $ 363 $ 380 100% 63 UST PC $ 490 $ 514 100% 64 UST INSPECTION $ 757 $ 793 100% 65 AST PC $ 490 $ 514 100% 66 AST INSPECTION $ 757 $ 793 100% 09/27/2005 MAXIMUS, Inc. Appendix 6 . Page 1 of 3 MAXIMUS, Inc. City of Temecula USER FEE STUDY FEE RECOMMENDATION SUMMARY FIRE PREVENTION (OTHERlNON-BUILDING) RECOMMENDED FEES % Recovery Recommended (of full Fee # Fee Service Name / DescriDtion Current Fee Fee cosO 67 TANK/PIPING RMVL PC $ 233 $ 244 100% 68 TANK/PIPING RMVL INS $ 322 $ 337 100% 69 SMOKE CONTROL PC $ 556 $ 583 100% 70 SMOKE CONTROL INSP $ 1,472 $ 1.543 100% 71 DUST COLLCTN PC $ 432 $ 453 100",(, 72 DUST COLLCTN INSP $ 260 $ 272 100% 73 INDSTRL OVNS INST PC $ 424 $ 444 100% 74 INDSTRL OVN INST INS $ 255 $ 267 100% 75 HAZMAT STRG PLN PC $ 769 $ 806 100% 76 HAZMAT STRG PLN INSP $ 445 $ 466 100% 77 HPS PC $ 702 $ 736 100% 78 HPS INSPECTION $ 354 $ 371 100% 79 REGLTD REFRIGE PC $ 432 $ 453 100% 80 REGLTD REFRIGE INSP $ 427 $ 447 100% 81 MS INDST EQP INST PC $ 299 $ 313 1000k 82 MS INDST EQP INST IN $ 195 $ 204 100% 83 MNR TECHN RPT RVW $ 294 $ 308 100% 84 MJR TECHNCL RPT RVW $ 699 $ 733 100% 85 ADULT CARE FAC. INSP $ 234 $ 245 100% 86 CHILD CARE FAC. INSP $ 234 $ 245 100% 87 K-12 PBlC SCHl INSP $ - $ - 0% 88 K-12 PRVT SCHl INSP $ - $ - 0% 89 TEM. ONE/POP INSP $ - $ - 0% 90 MNR HIGH RSE INSP $ $ 0% 91 MJR HGH RSE ANNL INS $ $ - 0% 92 RACKING PLAN CHECK $ 611 $ 640 100% 93 RACKING INSPECTION $ 272 $ 285 100% 184 HOME/SMALL FAMILY CHILD CARE $ 71 $ 74 100% PW 94 ONSITE IMPRVMNT PLNS $ 67,211 $ 70,437 100",(, ,fees 95 OFFSITE IMPVMNT PLNS $ 60,357 $ 63.254 100% 96 MOVIE FILMING PERMIT $ 606 $ 635 100% 97 STRT CLOSURE PERMIT $ $ 0% 98 FULL GENRAL VACATION $ 307 $ 322 100% 99 SUMMARY VACATION $ 307 $ 322 100% 100 FNL PRCL MAP BASE FE $ 206 $ 216 100% 101 PW GRDNG <500 CY $ 35 $ 37 100% 102 PW GRDNG 501-5K CY $ 51 $ 53 100% 103 PW GRDNG 5-10K CY $ 68 $ 71 100% 104 PW GRONG 10-50K CY $ 84 $ 88 100% 105 PW GRDNG 50-lOOK $ 153 $ 160 100% , 107 PW GRONG >1 OOK @10CY $ 17 $ 18 1000k 108 FNL TRCT MP BASE FEE $ 205 $ 215 100% Plan 123 GPA TXT/EXBT NT LSTD $ 795 $ 833 100% fees 124 AMNDT ZNGlGPlNO MAP $ 589 $ 722 100% 125 AMNDT ZNG OR GPLNO $ 513 $ 538 100% 126 AMNDT TO CITY ORD $ 731 $ 766 100% 127 SPECIFIC PLN-NEW $ 6,555 $ 6,870 100% 128 SPCFC PLN AMEND-MJR $ 1,419 $ 1,487 100% 129 SPCFC PlN AMEND-MNR $ 484 $ 507 100% 130 CUP $ 210 $ 220 100% 131 CUP wi DEV PLAN $ 63 $ 66 100% 134 OVPlN NW BlD >100K $ 462 $ 484 1000/0 135 DVPLN NW BlD 10-1 ooK $ 397 $ 416 100% 136 DVPLN NW BlD <10K SF $ 331 $ 347 100% 137 MAJOR MODIFICATION $ 210 $ 220 100% 138 MINOR MOD-APRVD PRJC $ 143 $ 150 100% 139 VARIANCE $ 400 $ 419 100% 140 LARGE DAY CARE PRMT $ 277 $ 290 100% 141 T.U.P. MINOR $ 100 $ 100 100% 142 T.U.P. MAJOR $ 117 $ 117 100% 143 T.U.P. MAJOR NON PFT $ 27 $ 27 100% 144 T.U.P. MINOR NON PFT $ 35 $ 35 100% 145 2ND UNIT PERMIT $ 225 $ 236 100% I' 146 EXT OF TIME DEV. CDE $ 75 $ 79 100% I.. 147 APPEAL $ - $ 0% 148 DEVlPMNT AGRMENT $ 5,094 $ 5.339 100% 09/27/2005 Appendix 6 - Page 2 of 3 MAXIMUS, Inc. City of Temecula USER FEE STUDY FEE RECOMMENDATION SUMMARY FIRE PREVENTION (OTHERlNON-BUILDING) RECOMMENDED FEES % Recovery Recommended (of full Fee # Fee Service Name I Descrintion Current Fee Fee cost) 149 ANNEXATION AGRMNT $ 1,349 $ 1,414 100% 150 SUBSTNL CNFRMNCE S.P $ 73 $ 77 100% 151 TNT TRCT MAP 5-34 $ 141 $ 148 100% 152 TNT TRCT MAP 35-75 $ 310 $ 325 100% 153 TNT TRCT MAP 76-165 $ 374 $ 392 100% 154 TNTTRCT MAP >166 LT $ 473 $ 496 100% 155 RVSD TNT TRCT MAP $ 210 $ 220 100% 156 VSTNG TNT TRCT 5-34 $ 141 $ 148 100% 157 VSTNG TNT TACT 35-75 $ 309 $ 324 100% 156 VSTG TNT TRCT 76-165 $ 381 $ 399 100% 159 VSTNG TNT TACT> 166 $ 473 $ 496 100% 160 RVSD VSTNG TNT TRCT $ 209 $ 219 100% 161 PRCL MAP-RSDNTL $ 208 $ 218 100% 162 PRCL MAP-COMMERCIAL $ 277 $ 290 100% 163 AVSD PAACEL MAP $ 141 $ 148 100% 164 CONDO MAP $ 413 $ 433 100% 165 MNR CHG-APRVD TNT MP $ 108 $ 113 100% 166 TNT RES PACL MP W/wV $ 141 $ 148 1000k 167 TNT COM PRCL MP WNlV $ 141 $ 148 100% 168 PHSNG PLN-TENT MAP $ 242 $ 254 100",," 169 MERGER OF CONT PRCLS $ 210 $ 220 100% 170 LOT LINE ADJUSTMENT $ 210 $ 220 100% 171 EXT OF TIME SUB. OAD $ 210 $ 220 100% 172 ADULT BUS. OAD C.U.P $ 293 $ 307 100% 173 ANNXTN/DETACHMENT $ 289 $ 303 100% 174 APPLICANT MNGD EIR $ 2,408 $ 2,524 100% 175 CITY MNGD EIR $ 1,750 $ 1,834 100% 176 PDO INSPECTION $ 1.719 $ 1.802 100% 177 OTHER FEE ACTIVITIES $ - $ 0% 178 FIRE CHIEF-HOUAL Y $ 140 $ 147 100% 179 FIRE MARSHAL-HOURLY $ 140 $ 147 100% 180 DEP FIRE MRSHL-HRL Y $ 109 $ 114 100% 181 FR SFTY SPCLST-HRL Y $ 66 $ 69 100% 182 FR SYSTMS INSP-HRL Y $ 61 $ 64 100% 183 OFF/ON-SITE PIC MIN $ 172 $ 180 100% 0 o $ $ - 100% 0 o $ $ - 100% 09/27/2005 Appendix 6 - Page 3 of 3 APPENDIX 7 ": ~.:<,-' ~--!=:,~.:s-: 10 MAXIMUS, Inc. City of Temecula USER FEE STUDY FEE RECOMMENDATION SUMMARY POLICE DEPARTMENT RECOMMENDED FEES % Recovery Recommended (off,~~1 Fee' Fee Service Name / Description Current Fee Fee cost 1 VEHICLE RELEASE $ 100 $ 105 100% 2 FINGERPRINTS $ 12 $ 13 1000k 3 REPORT COPIES $ 15 $ 16 100% . ABC PERMITS $ 20 $ 21 100% 5 TAXI PERMITS $ 50 $ 52 100% 6 SOLICITORS PERMIT $ 20 $ 21 100% 10 CITATION COPY $ 12 $ 13 100% 11 MASSAGE PERMIT $ 50 $ 52 100% 13 NON FEE ACTIVITY $ $ 100% !;,Ianning ,. CUP $ 67 $ 70 100% lees 140 CUP W/DEV PLAN $ 20 $ 21 100% 18 DVPLN NW BLD :> 1 00 SF $ 66 $ 69 100% 19 T.U.P. MINOR $ 12 $ 12 100% 20 T.U.P. MAJOR $ 12 $ 12 100% 21 T.U.P. MAJOR NON PFT $ 3 $ 3 100% 22 T.U.P. MINOR NON PFT $ . $ . 100% 23 VENDORS PERMIT $ $ - 100% 2. MASSAGE EST. PERMIT $ 67 $ 70 100% 25 ADULT BUS ORD C.U.P $ 69 $ 72 100% 26 ADL T BUS EMPL YE PRMT $ 69 $ 72 100% 27 ADL T BUS ORD. OWNER $ 69 $ 72 100% Appendix 7 - Page 1 of 1 09/27/2005 ITEM 11 CITY ATTORNEY DIRECTOR OF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Grant Yates, Assistant to City Manager DATE: September 27,2005 SUBJECT: Emergency Management Overview-(At the request of Mayor Comerchero) PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: Receive and File. BACKGROUND: At the City Council meeting of September 13, 2005, it was requested by Mayor Comerchero to have a brief overview of the City's emergency management plans. Staff will provide this brief overview with support from the City's Emergency Management Partners which include: Police Department, Fire Department, Office of Emergency Service (OES), Temecula Citizen Corps, Temecula Valley Unified School District, Guidant Corporation, & the utilities including Rancho Water District, The Gas Company, and Southern California Edison. FISCAL IMPACT: None R:\ADAMSAICQUNCIL\Emergency Mgmt Agenda Repon.DOC ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ,. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones City Clerk/Director of Support Services DATE: September 27, 2005 SUBJECT: City Council Meeting Schedule for the Month of December 2005 RECOMMENDATION: Direct the City Clerk to schedule December meetings and perform the appropriate postings and noticing requirements of the Government Code. BACKGROUND: Due to the close proximity of the December 20, 2005 City Council Meeting to the holidays, it has been requested that Council discuss the December meeting Schedule. Several members of the City Council will be attending the National League of California Cities Annual Conference in Charlotte, North Carolina, Tuesday, December6, 2005 through Saturday, December 10, 2005, the first Tuesday of the month. Since there will not be a quorum on December 6, 2005, the only two possible dates in December for Council consideration are Tuesday, December 13, 2005 and Tuesday, December 20, 2005. The City Council could consider either canceling one of the December meetings or hold the regularly scheduled December 20, 2005 meeting. FISCAL IMPACT: None Agenda ReportslMeeting Schedule DEPARTMENTAL REPORTS APPROVAL Vl u:r-- CITY ATTORNEY ~ DIRECTOR OF FINAf\lJ- c;1l CITY MANAGER - v CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: September 27, 2005 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 August, 2005. MOACTRPT TO: FROM: DATE: SUBJECT: MEMORANDUM Bill Hughes, Director of Public Works/City Engineer ~j Brad Buron, Maintenance Superintendent September 1, 2005 Monthly Activity Report - August, 2005 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of August, 2005: I. SIGNS II. TREES A. B. C. Total signs replaced Total signs installed Total signs repaired ~ -11l -1.! A. Total trees trimmed for sight distance and street sweeping concerns 6 III. ASPHALT REPAIRS A. B. Total square feet of A. C. repairs Total Tons 2,773 20 IV. CATCH BASINS A. Total catch basins cleaned 90 V. RIGHT-OF-WA Y WEED ABATEMENT A. Total square footage for right-of-way abatement o VI. GRAFFITI REMOVAL A. B. Total locations 40 4.054 ToIal S.F. VII. STENCILING A. ~ New and repainted legends B. 7,777 L.F. of rtew and repainted red curb and striping R:\MAINT AIN\MOACTRPT\05Jl6\ Also, City Maintenance staff responded to ~ service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 2L service order requests for the month of Julv,2005. The Maintenance Crew has also put in 120 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 August. 2005 was U! compared to $36.000.00 for the month of J ulv. 2005. Account No. 5402 $ 0 Account No. 5401 $ 0 Account No. 999-5402 $ 0 cc: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer (Traffic) Greg Butler, Senior Engineer (Capital Improvements) Amer Attar, Senior Ertgineer (Capital Improvements) Jerry Alegria, Senior Engineer (Land Development) R:\MAINT AI!\'\MOACTRPn05.06\ "' o o '" .; ~ iil 6 .8J:;~ E ~ cE 'sI"Q fir;:: ~ ~ a1 ~ -g .. '" ~ ~~, E-g'" -g-"2 fJ):!::L.. <ll E ~ 15 .g ~ 0(/)0.. UI II: I>:~ '" 01>: 0 ,.owo ;>Q.(JC}I (Jwzan ::Ja::<cg "'>z'" =>l:wl>: o..>~J _z~ LL~-W 00<(> ~<(:;;..J z>~<( W...JWo :;;:t:wUI ~~I>:- O::ZI-LL <(OUl 0..:;; W Q t;;1-~ 85> :a!1>::a! ~oo OLLUI ~ ii: Sril~ o:t:> :a!~:a! 0-00 OLLUI ~ ii: 1>:", 00 LL- ~'"' Ull1. 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Ul5 ............ ~ ~ "' " >- '" ~ ~ .... w w ... d m ~ W 0: o W o ~ Z W .... Z <( 2 ~ c:; c~ Q) C fJ'J +-' -g ~~2~~ C m...J::I::I en ill .c-goar, -g u-g"_=O:1ij Ul u-g"'Ea3.~8tDe; t; ~ro.5EQ)c..(I)'EE 0 ar1i5rJ'i::$:&::iO& CJ e:::.Eall-' ~ (1)._ ~ ",,,,.cill;;:oO .<1~ <( 55.8QlO=:w2:oo 6 U5U58~a::~~~<5 J- CJ z ~~ "-0 mo s:;;! ol5 0:.... CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF AUGUST, 2005 DATE LOCATION SCOPE OF WORK S.F. TOTAL TONS 08/04/05 MIRA LOMA / CALLE ARAGON R&R A.C. 296 4.5 08/09/05 EAST LOMA LINDA AT PUAS A.C. OVERLAY 340 3.5 08/10/05 ZUMA DRIVE A.C. OVERLAY 768 3.5 08/11/05 WELTON WAY AT CAMINO PIEDRA ROJO R & R A.C. 60 2 08/ I 6/05 VIA DOS PICOS A.C. OVERLAY 470 2.5 08/30/05 CLUBHOUSE DRIVE A.C. OVERLA Y 839 4 TOTAL S.F. OF REPAIRS 2.773 TOTAL TONS 20 R:\MAINT AINIWKCMPL TD\ASPHAL T.RPR\O~_06\AUGUST CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF AUGUST, 2005 DATE LOCATION WORK COMPLETED 08/0 1105 CITYWIDE CLEANED & CHECKED 13 CATCH BASINS 08/04/05 REDHA WK AREA CLEANED & CHECKED 6 CATCH BASINS 08/08/05 CITYWIDE CLEANED & CHECKED 10 CATCH BASINS 08/09/05 AREA #3 CLEANED & CHECKED 10 CATCH BASINS 08/1 5/05 CITYWIDE CLEANED & CHECKED 7 CATCH BASINS 08/22/05 CITYWIDE CLEANED & CHECKED 12 CATCH BASINS 08/29/05 CITYWIDE CLEANED & CHECKED 6 CATCH BASINS 08/31105 REDHA WK AREA CLEANED & CHECKED 26 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED -2Q R:\MAINT AIN\WKCMPLETDlCATCHBAS\05.06\AUGUST CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF AUGUST, 2005 DATE LOCATION WORK COMPLETED 08/0 lI05 NO. GENERAL KEARNEY AT SANTA GERTRUDIS CREEK REMOVED 22 S.F. OF GRAFFITI 08/0 lI05 HARVESTON - TEMECULA MONUMENT SIGN REMOVED 100 S.F. OF GRAFFITI 08/03/05 TEMECULA CREEK AT WOLF STORE ROAD REMOVED 1,202 S.F. OF GRAFFITI 08/04/05 COMMUNITY THEATER REMOVED IS S.F. OF GRAFFITI D8/05/05 REDHA WK CAR WASH REMOVED 30 S.F. OF GRAFFITI 08/05/05 LOMA LINDA AT GARDNER MIDDLE SCHOOL REMOVED 95 S.F. OF GRAFFITI 08/05/05 42101 MORAGA REMOVED 180 S.F. OF GRAFFITI 08/05/05 VIA LA VIDA AT VIA RENTE REMOVED 20 S.F. OF GRAFFITI 08/05/05 WOLF V ALLEY AT CAMINO SAN JOSE REMOVED 24 S.F. OF GRAFFITI 08/08/05 PECHANGA PARKWAY AT DEER HOLLOW REMOVED 170 S.F. OF GRAFFITI 08/09/05 PECHANGA PARKWAY AT MUIRFIELD REMOVED 12 S.F. OF GRAFFITI 08/I 0/05 RANCHO CALIFORNIA ROAD BRIDGE REMOVED 38 S.F. OF GRAFFITI 08/I 0/05 OVERLAND DRIVE BRIDGE REMOVED 87 S.F. OF GRAFFITI 08/I lI05 OVERLAND AT BANANAL REMOVED II S.F. OF GRAFFITI 08/I 5/05 29740 RANCHO CALIFORNIA ROAD REMOVED IOI S.F. OF GRAFFITI 08/I 5/05 28545 OLD TOWN FRONT STREET REMOVED 60 S.F. OF GRAFFITI 08/I 7/05 C STREET AT SANTIAGO REMOVED 214 S.F. OF GRAFFITI 08/I 8/05 42221 MAIN STREET REMOVED 13 S.F. OF GRAFFITI 08/I 8/05 YNEZ AT PREECE REMOVED 60 S.F. OF GRAFFITI 08/19/05 PUJOL AT TEMECULA COMMUNITY CENTER REMOVED 85 S.F. OF GRAFFITI 08/22/05 BUTTERFIELD STAGE BRIDGE REMOVED 25 S.F. OF GRAFFITI 08/22/05 MALL - ROBINSONS MAY REMOVED 5 S.F. OF GRAFFITI 08/22/05 OVERLAND BRIDGE REMOVED 20 S.F. OF GRAFFITI R:\MAINT AIN\WKCMPLTD\GRAFFITI\o5,05lAUGUST . DATE LOCATION WORK COMPLETED 08/22105 BUTTERFIELD STAGE AT NIGHTHAWK PASS REMOVED 12 S.F. OF GRAFFITI 08/25/05 DATE STREET AT HARVESTON REMOVED 500 S.F. OF GRAFFITI 08/26/05 42221 MAIN STREET REMOVED 14 S.F. OF GRAFFITI 08/26/05 SANTIAGO AT AMARIT A WAY REMOVED 32 S.F. OF GRAFFITI 08/26/05 PUJOL AT MAIN STREET REMOVED 43 S.F. OF GRAFFITI 08/26/05 SHARON STREET AT PEACH TREE REMOVED 115 S.F. OF GRAFFITI 08/29105 28464 FELIX VALDEZ REMOVED 139 S.F. OF GRAFFITI 08/29/05 28639 PUJOL REMOVED 52 S.F. OF GRAFFITI 08/29/05 MAIN STREET BRIDGE REMOVED 75 SF OF GRAFFITI 08/29/05 TARGET CENTER REMOVED 96 S.F. OF GRAFFITI 08/29105 NO. GENERAL KEARNEY BRIDGE REMOVED 25 S.F. OF GRAFFITI 08/30/05 PUJOL AT MAIN STREET REMOVED 150 S.F. OF GRAFFITI 08/30105 MAIN STREET BRIDGE REMOVED 73 SF OF GRAFFITI 08/30;05 FELIX VALDEZ AT 6TH STREET REMOVED 55 S.F. OF GRAFFITI 08/30/05 2100 MAIN STREET REMOVED 21 S.F. OF GRAFFITI 08/3l/05 HISLOP AT BANANAL REMOVED 37 S.F. OF GRAFFITI 08/3l/05 28475 FRONT STREET REMOVED 26 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 4.054 TOTAL LOCATIONS 40 R:\MAINT AINIWKCMPL TDlGRAFFITII05,OS/AUGUST ~ << ~> ;;;;JO u~ ~~ ~~ ~~ ~~ ~~ O~ ~~ ~~ ~ utn = = N () w C > 0 Z I- () 0 I- Q. W VJ I- el u.. :::l a <C > en ...J + :::l ..., w I- z :::l en ..., 0 ~ (.J ::;: t 0:: Q. <C 0:: <C ::;: al w LL Z <C ..., 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 al co " (Q III .... C') N .... '" ...0 ,,0 """, ><- ......\OO"Ir---ONNO -NN-.q-V}.q-o::::t "" -= ... ... ~ '" " ';~ 00 Eo-< 0 Eo-< '" ..l ..l -< U ~ .... l-o - "" ..l >-~ _.n .....n.n -< ..... '" ..c:: '" a 1l a a b g~ ~R~~b~a~ ~ g ,..~J::::?:-<:;L~~<~oz~ Olf')lf')lf')OV)lrlO ONr--r--V)NNV) M<o::t-orriOI.ONOO r--NMOOV)lf')O...q- V)O\OOMOvN_ \O"N~N-q:v)r--:OO_" {F)&'}&'}&'}&'};:;;;;; \O--V')\OV')O'\V V') f"'-Nooor---o.n r--\O\OI.I')OOO\\OO M"":"""" C"'.f (".I" ~ \O".,f' ~ ~ ~ " "" (JJ Co .Dl-I..P.o ,..fa"'-" ';;iSllSS 7JJ::l 2 e~ >.v >.5bEs ~ 8 o=..c(l:$j:l..~!:-::lfruOIl) u"::!~:;S<:;S~~<UlOzCl r.1 fil~ -<,.. ;:JO 0'0 Ull". ~ ~ ~ c ]....]] c"'-" ';;iSllSS ~] ~].~g~~a~ ~ ~ "::!~:;S<:;S~~<~OZCl -' p" " <Zl r-Or- OOOIl'l 10.....,) M '" r- "'1I'l rr; \0 EA ... o o ~.....!!a: ."'- 0-0" ooUU CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION DATE DATE WORK REC'D LOCATION REQUEST COMPLETED 08/0 1//05 42891 CAMINO ALAGON ROOT PRUNING 08/0 lI05 08/0 lI05 28841 EAST VALLEJO A VENUE DRAINAGE CONCERN 08/01/05 08/0 lI05 LOMA LINDA DRIVE GRAFFITI 08/0 lI05 08/02/05 RIDGE PARK DRIVE SNS MISSING 08/02/05 08/02/05 33053 ROSSMAN CIRCLE ROOT PRUNING 08/02/05 08/03/05 31771 CORTE ENCINAS TREE CONCERN 08/03/05 08/04/0S 41422 WILLOW RUN ROOT PRUNE 08/04/OS 08/05/OS 40880 BACCARATE ROAD WATER LEAK 08/0S/05 08/OS/05 42976 VIA ALHAMA MOSS IN CURB & GUTTER 08/0S/05 08/05/05 31026 MILANO ROAD POTHOLE 08/05/05 08/05/05 45981 CLASSIC WAY WATER LEAK 08/05/05 08/OS/05 31062 CORTE ALAMAR TREE CONCERN 08/0S/05 08/05/05 44766 CALLE BANUELOS DEBRIS PICK-UP 08/05/05 08/05/05 41507 EAGLE PECK WAY REPLACE SNS 08/0S/05 08/05/05 41507 EAGLE PECK WAY REPLACE R-I 08/05/OS 08/06/05 31855 CALLE NOVELDA REPLACE SNS 08/06/05 08/08/05 40296 TANAGER DEBRIS PICK-UP 08/05/05 08/08/05 41050 AVENIDA VERDE SIGNREPAIR 08/08/05 08/08/0S 41S07 EAGLE POINT WAY RAISED SIDEWALK 08/08/05 08/09/05 45096 CORTE VALLE DEBRIS 08/09/05 08/09/0S 31090 RUIDOSA ALGAE 08/09/05 08/09/05 29379 RANCHO CALIFORNIA ROAD SNS MISSING 08/09/OS 08/l 0/05 YNEZ ROAD S/O SOLANA POTHOLE 081! 0/05 08/l 0/05 33068 HARMONY LANE CEMENT SPILL 081! 0/05 08/l 0/05 JEFFERSON AT WINCHESTER POTHOLE 081! O/OS 081!lI05 300II VIA VELEZ TREE CONCERN 081!l/O5 08/1 lIOS 302]S VIA NORTE DIRT IN STREET 08/lll05 08/l1/0S 31943 LEIGH LANE WEEDS IN R.O.W. 08/II/05 , , SERVICE ORDER REQUEST LOG - MONTH OF AUGUST, 2005 R:\MAINTAIN\WRKCOMPLTD\SORS\0.5_06\AUGUST DATE DATE WORK REC'D LOCATION REQUEST COMPLETED 08/12/05 40182 VALERIANA COURT TREE REPLACE 08/ I 2/05 08/l5/05 31695 VIA CORDOBA AIR VALVE LEAKING 08/l5/0S 08/l6/O5 27096 WINCHESTER CREEK TREE TRIMMING 08/l6/05 08/l6/O5 32400 CORTE CORONADO ROOT PRUNING 08/l6/05 08/l6/05 LOWER HWY 79 DEBRIS REMOVAL 08/l6/05 08/l6/05 41895 MOTORCAR PARKWAY PAINTED CURB 08/16/05 08/17/05 42200 MAIN STREET RAISED SIDEWALK 08/17/05 08/l7/0S 30423 DANUBE COURT SIDEWALK REPAIR 08/17/05 08/17/05 OLD TOWN FRONT STREET OIL SPILL 08/17/05 08/l8/05 CALLE PINA COLADA DEBRIS REMOVAL 08/l8/O5 08/l8/05 30050 DEL REY POTHOLES 08/l8/05 08/l9/05 39916 NO. GENERAL KEARNEY DEAD TREE 08/l9/05 08/22/05 VETERANS PARK FOUNTAIN PLUGGED 08/22/05 08/22/05 WOLF V ALLEY ROAD REMOVE c.L. SIGN 08/22/0S 08/22/05 43118 LANCASHIRE COMMON ALGAE IN GUTTER 08/22/05 08/22/0S 31805 HWY 79 SO. TREE TRIMMING 08/22/05 08/22/05 30138 SANTA CECILIA TREE LIMB BROKEN 08/22/05 08/24/05 30552 IRON BARK COURT CATCH BASIN CLEANING 08/24/05 08/25/05 27709 TIERRA VISTA POTHOLE 08/2S/05 08/25/05 42200 MORAGA CATCH BASIN CLEANING 08/25/05 08/26/05 31244 HIAWATHA COURT TREE REMOV AL 08/26/0S 08/26/05 43422 CALLE DE VELARDO DEBRIS REMOVAL 08/26/05 08/26/05 RANCHO CALIFORNIA ROAD AT JEFFERSON BROKEN GLASS 08/26/05 08/29/05 30380 CALLE SONORA ROOT PRUNING 08/29/0S 08/29/05 44001 TERRAZA STREET DEBRIS REMOVAL 08/29/05 08/29/05 29098 MERCURY CIRCLE POTHOLE 08/29/05 08/29/05 41695 CHABLIS COURT DEBRIS REMOVAL 08/29/05 08/30/05 31013 OAK HILL DRIVE TREE LEANING 08/30/05 08/30/05 41437 CHENIN BLANC COURT ROOT PRUNING 08/30/05 08/30/0S 30003 CIELO MESA POTHOLE 08/30/05 TOTAL SERVICE ORDER REQUESTS 58 I R:\MA1NT AIN\WRKCOMPL TD\SOR$\05.06\AUGU$T CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF AUGUST, 2005 DATE LOCA nON WORK COMPLETED 08/0 1I0S OVERLAND AT MARGARITA REPLACED R-7 08/02/05 JEFFERSON AT RANCHO CALIFORNIA ROAD REPLACED R-7 TYPE K 08/04/05 NICHOLAS AT WINCHESTER REPLACED 3 DELINEATORS 08/04/05 MEADOWS PARKWAY AT LEENA WAY REPLACED R26-81 08/04/05 RANCHO CALIFORNIA ROAD AT BUTTERFIELD REPLACED R26-S 08/08/OS BUTTERFIELD STAGE N/O RANCHO CALIFORNIA INSTALLED 7 R26-S 08109/05 VIA NORTE AT PIN A COLADA REPAIRED R2-35 08/09105 40600 CARMELITA CIRCLE REPLACED W-56, "N" MARKER 08/09/0S NO. GENERAL KEARNEY S/O NICHOLAS REPLACED "N" MARKER 08109105 PECHANGA AT LOMA LINDA REPLACED R-26S 08/09/05 RANCHO CALIF ROAD AT BUTTERFIELD STAGE INSTALLED 5 R-26-S 08/1 0/05 BUTTERFIELD STAGE S/O RANCHO CALIFORNIA REPLACED W-41 08/12/05 DIAZ AT VIA MONTEZUMA REPLACED "N" MARKER 08/16/05 WINCHESTER INSTALLED 18 R-26-S 08/16/05 CAMINO MARACA AT LORRAINE DRIVE INSTALLED W-14-2 08/16105 N/O RANCHO CALIF. ROAD AT BUTTERFIELD INSTALLED 8 R26S 08/17105 WINCHESTER INSTALLED II R26S 08/17/05 SOUTHERN HILLS AT POINT WOODS REPLACED R-I 08/17105 SOUTHERN HILLS AT HONORS REPLACED R-I 08/17/05 CAMINO GALLADOS AT CALLE GALAIZA REPLACED SNS 08/18/05 CITYWIDE REPAIRED 9 SIGNS 08/18/OS WINCHESTER ROAD INSTALLED 14 R-26S 08/19105 JEFFERSON AT WINCHESTER REPLACED R-7 R:\MAINT AIN\WKCMPLTDlSIGNSI.05.06\AUGUST DATE LOCATION WORK COMPLETED OS/22/05 WINCHESTER ROAD INSTALLED 6 R-26S OS122/05 PUJOL STREET REPLACED W-19 OS123/05 RANCHO CALIFORNIA RD. AT OLD TOWN FRONT REPLACED R-IS-2 OS/23105 WINCHESTER ROAD INSTALLED 9 R-26S OS/24/0S WINCHESTER ROAD INSTALLED 9 R-26S OS/24105 MARGARITA AT HONORS REPLACED R-26-S1 COMBO OS/2S/04 RANCHO CALIF. ROAD @ BUTTERFIELD STAGE REPLACED 6 DELINEATORS OS/25/0S WINCHESTER ROAD INSTALLED 6 R-26S OS126/05 KAHWEA INST ALLED 6 R-26S OS/29/05 WINCHESTER ROAD INSTALLED 2 R-26S OS/30105 40465 WINCHESTER INSTALLED II R-26S OS/30105 40465 WINCHESTER REPLACE 12 SIGNS OS/30/05 CITYWIDE REPAIRED R2 -45 OS/31/05 30010 RANCHO CALIFORNIA ROAD REPLACED R-7 OS/31105 YNEZ AT TOWER PLAZA REPLACED R-7 OS/31/05 JEFFERSON AT WINCHESTER REPLACED R-7 & K MARKER TOTAL SIGNS REPLACED ~ TOTAL SIGNS INSTALLED ~ TOTAL SIGNS REPAIRED 21 R:\MAINTAIN\WKCMPLTDISrGJ\'SI.O'i.06\AUGUST CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS I STRIPING MONTH OF AUGUST, 2005 DATE LOCATION WORK COMPLETED 08/08/05 V AIL RANCH AREA REPAINTED 34 LEGENDS 08/09/05 V AIL RANCH AREA REPAINTED 40 LEGENDS 08/11/05 V AIL RANCH AREA REPAINTED 31 LEGENDS 08/l5/05 CHANNEL AT WALTON REPAINTED 23 LEGENDS 08/l6/05 MARGARITA AT LA SERENA REPAINTED 19 LEGENDS 081l7/0S DEER HOLLOW AT PEACH REPAINTED 20 LEGENDS 081l8/0S DEER HOLLOW AT CAMINO SAN DIMAS REPAINTED 12 LEGENDS 081l8/05 DEER HOLLOW AT CAMINO SAN DIMAS REPAINTED 2,441 L.F. RED CURB 08/22/05 AREAS #3 & #5 REPAINTED 1,102 L.F. RED CURB 08/23/05 AREA #4 REPAINTED 3,466 L.F. RED CURB 08/24/05 AREAS #4 & #5 REPAINTED 768 L.F. RED CURB 08/29/05 REDHA WK AREA REP AINTED 36 LEGENDS 08/30/05 REDHA WK AREA REPAINTED 39 LEGENDS 08/31/05 REDHA WK AREA REPAINTED 39 LEGENDS TOTAL NEW & REPAINTED LEGENDS 293 NEW & REPAINTED RED CURB & STRIPING L.F. 7,777 R:\MAINT AIN\WRKCOMPLTD\STRIPING\05.06\AUGUST CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF AUGUST, 2005 DATE LOCATION WORK COMPLETED 08/08/05 BUTTERFIELD STAGE ROAD N/O RANCHO CALIFORNIA RD. TRIMMED 3 R.O.W. TREES 0811S/05 PAUBA ROAD AT ELINDA TRIMMED 2 R.O.W. TREES 08116/05 WINCHESTER AT YNEZ TRIMMED I R.O.W. TREES TOTAL R.O.W. TREES TRIMMED -.J! R:\MAINT AIN\WRKCOMPLTD\TREES\05.06\AUGUST APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City ~I Debbie Ubnos~rector of Planning TO: DATE: September 27, 2005 Monthly Report SUBJECT: The following are the recent highlights for the Planning Division of the Community Development Department for the month of August. CURRENT PLANNING ACTIVITIES New Cases The Division received 92 new applications for administrative, other minor cases, and home occupations including .1.Lapplications for public hearings during the month of August The new public hearing cases are as follows: DEVELOPMENT PLAN CONDITIONAL USE PERMITS TENTATIVE TRACT MAP ZONE CHANGE (PDO) TENTATIVE PARCEL MAP HOME PRODUCT REVIEW 4 1 2 1 1 2 Status of Maior Proiect New Proiects . Flow Blown - A Minor Conditional Use Permit to establish an indoor children's party facility in an existing 13,978 square foot building located at 43153 Business Park Drive. The application was submitted on August 11, 2005; and is currently under review. (PA05-0242 - BALES) . Silver Oaks - A Development Plan/Tentative Tract Map to construct 112 age restricted condominiums on 7.5 acres located on the northwest corner of Margarita Road and Dartola Road. The project was submitted on August 9, 2005 and is currently being reviewed. (PA05- 0235, PA05-0236 - BALES) R\MONTHL Y.RPT\2005\8-2005 Report.doc . Pujol Condos - A Development Plan to construct 9 multi-family condominium buildings totaling 134,213 square feet on 7.85 acres located on the west side of Pujol Street, approximately 1,800 feet south of 1s1 Street. The application was submitted on July 21,2005 and is currently being reviewed. (PA05-0208 - FISK) . PA 17 Wolf Creek - A Home Product Review for 133 single family homes within Planning Area 17 of Wolf Creek. Three plans with three different and elevations ranging in size from 2,899 to 3,293 square feet. Plans were submitted July 27, 2005. DRC comments were sent September 8, 2005. (PA05-0215 - PETERS/KITZEROW) . PA23 Wolf Creek - A Home Product Review for 126 single family homes within Planning Area 28 of Wolf Creek. Three plans with three different and elevations ranging in size from 2,878 to 3,150 square feet. Plans were submitted July 27,2005. This project is currently being revised by staff. (PA05-0220 - PETERS/KITZEROW) . Rancho Baptist Church - A Minor Modification to an approved Development Plan to construct a 1,992 square foot administrative office building at Rancho Baptist church located at 29775 Santiago Road. Plans were submitted September 9, 2005 and comments are due back from applicant September 21, 2005. (PA05-0259 - PETERS/KITZEROW) . Mira Loma PDO - A Planned Development Overlay to change the zoning of a 7.24 acre site from High Density Residential (H) to PDO - 11 to change the development standards for the site. The project site is located at 29601 Mira Loma Road. The project was submitted on August 8, 2005 and is currently being reviewed by staff. (PA05-0234 - FISK) . Marriott Fairfield Inn - A Development Plan to construct and operate a 47,897 square foot 92 unit three story hotel on 1.71 acres generally located at the southeast corner of Winchester Road and Jefferson Avenue. The application was submitted on August 8, 2005 and a DRC letter was sent to the applicant on August 9, 2005. Staff is currently awaiting resubmittal. (PA05-0232 - FISK) . Renaissance Villages -A Residential Development Plan and Tentative Tract Map to construct 58 condominium units totaling 78,397 square feet on 3.98 acres generally located on Pujol Street, approximately 100 feet north of Main Street. The application was submitted on August 3, 2005 and is currently being reviewed by staff. (PA05-0229 - FISK) . Tentative Tract Map - 32780 -A Tentative Tract Map application to divide 22.45 acres into 38 single family lots located on Walcott Lane north of La Serena. The project was submitted on August 10, 2005 and is currently under review. (PA05-0240 - MCCOY) . Butterfield Station - A Development Plan application to construct five commercial buildings totaling 72,698 square feet on 7.57 acres located on Highway 79 South and Wolf Store Road. The project was submitted on August 29, 2005 and is currently under review. (PA05-0254- MCCOY) . Recentlv Approved Proiects . County Center Drive Cingular Wireless - A Minor Conditional Use Permit to construct a rooftop wireless antenna facility located at 40940 Country Center Drive. This project was submitted December 6, 2004. A Pre-DRC was held on January 4, 2005. Staff has sent a letter outlining concerns and requesting information. Revised plans were resubmitted on April 21 , 2005. Public R\MONTHL Y.RPn2005\8-2005 Report.doc 2 hearing information was requested from the applicant on April 25, 2005. Conditions of Approval were requested from other department by May 9,2005. This project was approved at the August 25, 2005 Director's Hearing. (PA04-0600 - DAMKO) . Madison Lot 13 - A Development Plan submitted on April 14, 2005 for a 13,411 square foot service commercial building located on the southwest corner of Madison Avenue and Buecking Drive. The project was approved at the August 17, 2005 Planning Commission hearing. (PA05- 0100 - DAMKO) . Temeku Clubhouse - A Tentative Parcel Map submitted on May 24, 2005 to subdivide 3 lots located at the south intersection of Temeku Drive and Cantebury Court. A Pre-DRC was held on June 14, 2005. Project was approved at the August 11, 2005 Director's Hearing. (PA05- 0156 - DAMKO) . Elite's Plaza - A Development Plan to construct two office buildings and one retail building totaling 74,056 square feet on 4.6 acres located on the east side of Jefferson Avenue approximately 500 feet north of Rancho California Road. The application was submitted December 22, 2004. A DRC meeting was held February 24,2005. A DRC letter was sent to the applicant on February 28, 2005. Plans were resubmitted April 18, 2005. A second comment letter was sent May 19, 2005. Plans were resubmitted July 18, 2005. This project was approved at the September 7, 2005 Planning Commission. (PA04-0623 - PETERS) . Marquis at Wolf Creek - Major Modification to craftsman style home plans in the Marquis home product in Wolf Creek. Plans were submitted on June 6, 2005. A Pre-DRC meeting was held on June 14, 2005. A comment letter was sent on June 28,2005. This product was approved at the August 25,2005 Director's Hearing. (PA05-0169 - PETERS) . Grainger will call - A Conditional Use Permit submitted on June 13, 2005 to operate a will call center for package pick up in an existing building. The project is located at 41625 Enterprise Circle South. This project was approved at the September 8,2005 Director's Hearing. (PA05- 0181-MCCOY) Proiects Under Review Commercial . Star World Center - A Development Plan to construct a 13,709 square foot commercial building on 1.4 acres located on the west side of Old Town Front Street, approximately 800 feet south of Santiago Road. The application was submitted on November 22, 2004. A DRC meeting was held with the applicant on January 6, 2005. A DRC letter was sent to the applicant on January 6, 2005. Revised plans were submitted on April 27, 2005. A second DRC meeting was held with the applicant on June 9, 2005 and a DRC letter was sent to the applicant on June 9, 2005. Revised plans were submitted on August 2,2005. A third DRC meeting was held on September 1, 2005. Staff is currently awaiting resubmittal. (PA04-0584 - FISK) . Pujol Condos - A Tentative Parcel Map for condominium purposes for a residential condominium project located approximately 1,800 feet south of 1st Street on the west side of Pujol. The application was submitted on July 7, 2005. A DRC meeting was held on September 1, 2005 and a DRC letter-was mailed on September 1, 2005. Staff is currently awaiting resubmittal. (PA05-0209 - FISK) R:\MONTHL YHPn2005\8-2005 Report.doc 3 . Krieger's Fagade and Porch - A Minor Modification to a Development Plan to paint an existing building and to construct a 528 square foot covered porch along the west side of the building. The application was submitted on February 22,2005. A DRC meeting was held on March 31, 2005 and a DRC letter was sent to the applicant on April 6, 2005. The project was rereviewed at the May 9,2005 Old Town Local Review Board meeting. The Old Town Local Review Board requested that the applicant provide additional information and details. Revised plans were submitted on July 7,2005. Staff determined that information requested by the Old Town Local Review Board had not been included with the resubmittal. Staff has requested the additional information and is currently awaiting resubmittal. This information has not been received as of September 12, 2005. (PA05-0055 - FISK) . Tall Tree Mall Expansion -A Development Plan to construct a 3,000 square foot addition to an existing 3,600 square foot commercial office building on .18 acres, located at 41964 Main Street in Old Town. The project was submitted on December 21,2004. A DRC was held on February 17, 2005. A DRC letter was sent on February 18, 2005. A 30 day letter was sent to the applicant on April 22, 2005. Revised plans were submitted on July 11, 2005. A DRC meeting was held on August 18, 2005 and a DRC letter was sent to the applicant on August 18, 2005. Staff is currently awaiting resubmittal. (PA04-0622 - FISK) . Calle Cortez - A Development Plan application was submitted on October 1, 2004 to construct two concrete tilt-up service commercial buildings. Building 1 is 16,954 square feet and building 2 is 15,432 square feet. The project is located on the north side of Calle Cortez, just west of Jefferson. DRC was held on November 18, 2004. A 30 day no response letter was sent on August 29, 2005. (PA04-0544 - DAMKO) . General Kearney Reservoir Wireless Facility - A Conditional Use permit to replace an existing non-disguised unmanned wireless monopole with a new 65-foot tall unmanned wireless monopine with 12 antennas, four-foot diameter microwave dish and associated 336 square foot equipment shelter and a back-up generator. The subject property is located east of Placer Lafite and south of Chemin Coutet. The application was submitted on March 1, 2005. Letter notifying applicant of initial study was sent on March 28, 2005. A DRC meeting was held on April 21 , 2005. Staff is currently awaiting revisions. (PA05-0063 - BALES) . Creekside Centre Sign Program - To establish and implement a sign program for the Creekside Centre Shopping plaza. The subject property is located at the southeast corner of Overland Drive and Nicole Lane. The application was submitted on March 1,2005. A comment letter was provided to the applicant on April 8, 2005 and a second copy of the letter was provided to the applicant on August 2, 2005. A revised sign program was received on August 22, 2005. A comment letter was mailed to the applicant on September 6, 2005. Staff is currently awaiting resubmittal. (PA05-0062 - FISK) . Temecula Creek Plaza Sign Program -A Comprehensive Sign Program for seven commercial loffice/retail buildings at the southeast corner of Jedediah Smith Road and Hwy 79 South. The application was submitted on February 9, 2005. This item is tentatively scheduled to be presented at the October 5, 2005 Planning Commission meeting. (PA05-0040 - PAPP) . Rancho Temecula Town Center-A comprehensive sign program for Rancho Temecula Town Center submitted on February 17, 2005. The subject property is located at the corner of Winchester and Nicolas. A DRC letter was sent on March 7, 2005. The applicant resubmitted plans on April 11, 2005. Staff reviewed the revised plans and a meeting to discuss further changes was held on June 9, 2005. Plans were resubmitted July 1, 2005 and staff is currently working with applicant on final revisions. (PA05-0052 - PETERS) R\MONTHL Y.RPn2005\8-2005 Report.doc 4 . Industrial Condominiums of Temecula - A Development Plan to construct three light industrial buildings totaling 85,900 square feet on 5.5 acres located on the north side of Remington Avenue, approximately 550 feet west of Diaz Road. The project was submitted on April 27, 2005. A DRC letter was sent to the applicant on June 3, 2005. Revised plans were submitted on June 21, 2005. The project is anticipated to be scheduled for the October 5, 2005 Planning Commission hearing. (PA05-0127 - FISK) . Temecula Glass Company - A Development Plan to construct an 11,271 square foot commercial building on .987 acres located at 41755 Enterprise Circle. The application was submitted on April 12, 2005. A DRC meeting was held on May 19, 2005. A DRC letter was sent on May 20, 2005. Revised plans were submitted on July 29, 2005. Staff is currently reviewing revised plans. (PA05-0105 - BALES) . Nextel at Haz-It Markit - A Conditional Use Permit application submitted on May 24, 2005 for a wireless telecommunications facility consisting of 12 antennas on a mono-palm and an 11 x20" equipment building. A DRC letter was sent to the applicant on June 29, 2005. Staff is currently awaiting submittal of revised plans. (PA05-0157 - FISK) . RedHawk Car Wash and Tire Store - A Development Plan and a Conditional Use Permit submitted on June 8, 2005 for 3 buildings totaling 8,354 square feet used for a self-serve car wash and tire store. The project is located on the northeast corner of Margarita Road and DePortola Road. A DRC meeting was held on August 18, 2005. A DRC letter was mailed on August 23, 2005. Staff is waiting for applicant response. (PA05-0172 - DAMKO) . Butterfield Ranch Self-Storage - A Development Plan submitted June 19, 2005 for a 127,572 square foot self storage building located on the southeast corner of Highway 79 South and Butterfield Stage Road. A DRC meeting was held on September 1, 2005. Staff is waiting for applicant response. (PA05-0152 - DAMKO) . Temecula Town Center- Daphene's A Minor Modification to create a 250 square foot patio and to relocate a trash enclosure at 27644 Ynez Road. The project was submitted on August 8, 2005. a DRC letter was sent on September 8, 2005. Staff is currently awaiting revisions. (PA05-0231 -BALES) . Burke Building - A Development Plan application submitted July 19, 2005 for a three story shell building consisting of approximately 4,156 square feet of retail/commercial on the 1st floor with approximately 8,150 square feet on the 2nd and 3rd floor suites for offices. The project is located at 41955 4th Street. A DRC meeting was held on September 1, 2005 and a DRC letter was sent to the applicant on September 12, 2005. (PA05-0205 - MCCOY) Subdivisions . PM 28049 EOT - A fourth Extension of Time for Parcel Map 28049 (A proposed multi-family residential development. The subject property is located at the northwest corner of Pujol Street and Calle Cerrillo. The application was submitted on September 30, 2004. MSHCP requirements were recently addressed and staff anticipates scheduling the application for an October Planning Commission hearing. (PA04-0539 - FISK) . Selby Parcel Map - A Tentative Parcel Map to subdivide 21.22 acres into 6 parcels located at the east side of Ynez Road north of Rancho California Road and south of Solana Way. This project was submitted on January 6, 2005. Comments are due January 28, 2005 and a Pre- R\MONTHL Y.RPn2005\8-2005 Report.doc 5 DRC has been scheduled for February 1, 2005. A DRC was held February 10, 2005. A DRC letter was sent on February 10, 2005. On June 30, 2005 Staff requested additional information to complete an Initial Study for this project. A DRC meeting was held August 4, 2005. (PA05- 0004 - PETERS) Industrial . Alvarez Del Rio Building - A Development Plan to construct, establish and operate a 17, 378 square foot officelwarehouse building on 1.43 acres. The subject property is located on the east side of Del Rio Road, south of Calle Cortez. A DRC meeting was held on November 18, 2004. Staff sent out a 30 day no response letter on August 29, 2005. (PA04-0543 - DAMKO) . Temecula Corporate Center - Tentative Parcel Map to create two common lots consisting of 6.24 and 9.13 acres with 17 condominium units on the north and south side of Via Industria, and a Development Plan to construct 17 office, flex-tech, and industrial buildings totaling approximately 250,440 square feet. The application was submitted February 8, 2005 and a DRC meeting was held March 17, 2005. Revised plans were submitted June 6, 2005. A DRC meeting was held on June 23, 2005. A DRC comment letter was sent on June 27, 2005. Revised plans were resubmitted July 18, 2005. This project is tentatively scheduled for the September 21, 2005 Planning Commission meeting. (PA05-0036, PA05-0037 - PETERS) . Winchester Gilcrest - A Development Plan submitted on AprilS, 2005 for a total of 55,956 square feet of industrial office /warehouse space in 3 one story buildings. The project is located on the south side of Winchester Road, west of Diaz Road. A DRC was scheduled for May 12, 2005. A DRC letter was mailed on May 17, 2005. Staff sent out a 30 day no response letter on August 29, 2005. (PA05-0096 - DAMKO) . Plaza Rio Vista - A Development Plan submitted to construct a 19,650 square foot office building on .99 acres to be located at the corner of Black Deer Loop and Diaz Road. The application was submitted on May 10, 2005. The DRC meeting was held on June 23,2005. Staff is currently awaiting revised plans. (PA05-0139 - BALES) Mixed Use/Residential . Naron Pacific Tentative Tract Map 30434 and Planned Development - A proposal for a zone change from L-1 to PDO on 31.93 acres and Tentative Tract Map to create 30 residential lots and 4 open space lots in the Chaparral area. The application was originally submitted on April 18, 2002. The CAD has made a recommendation on policy for the Chaparral Area allowing Y:i- acre lots if it does not increase the "net" density. A PDO was submitted on March 25, 2004. Staff met with applicant in April to discuss grading issues and begin preparation of an Initial Study. An environmental constraint map was submitted on February 9, 2005. Staff met with the applicant on March 22, 2005 to discuss grading impacts and received revised plans and constraints map. A letter was mailed to the applicant on April 7, 2005 informing him that the submitted plans are not adequate, the project is still considered incomplete, and additional information is still required in order to proceed with processing. Staff met internally on April 8, 2005 to discuss General Plan update. A letter was sent to the applicant on April 13, 2005 to explain City Council decision not to modify Chaparral Policy, therefore project plans must be revised to adhere to existing policies within General Plan. Staff is currently awaiting submittal of revised plans. (PA02-0204, PA02-0193 - PAPP/KITZEROW) . Wolf Creek Motorcourts -A Home product Review and a Tentative Tract Map to subdivide 14.1 acres into 6 common lots with 113 residential units in a motor court design. The application was R\MONTHL Y.RPn2005\8-2005 Report.doc 6 submitted February 7,2005. A DRC meeting was held March 10, 2005. Revised plans were submitted June 6, 2005. Staff is currently reviewing the resubmittal. (PA05-0034 - PETERS) . Redwood at Wolf Creek - A Home Product Review submitted on April 13, 2005 for 159 single family homes located in Planning Area 22 of the Wolf Creek Specific Plan. Four floor plans with 3 elevations each are proposed, ranging in size from 3299 square feet to 4495 square feet. A DRC letter was mailed to the applicant on May 4, 2005. Staff transmitted a resubmittal on July 11, 2005. Comments are due on July 25, 2005. Staff is working with the applicant on final revisions prior to scheduling for a Director's Hearing. (PA05-0113 - PETERS) . La Vasani TPM - A Tentative parcel Map to subdivide 4.96 acres into 2 parcels located at 30854 Lolita Road. This project was submitted on February 23, 2005. A DRC letter was sent out on March 21, 2005. Applicant is currently working on an environmental studies. (PA05- 0025 - DAMKO) . Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003. A DRC meeting was held on November 6, 2003. Revised plans were submitted on July 7, 2004. A second DRC letter was provided on September 10, 2004. Revised plans were submitted on February 7, 2005. A third DRC letter was provided to the applicant on April 8, 2005. Revised plans were received on August 2, 2005. Staff is currently awaiting submittal of correspondence from the county geologist regarding earthquake faultline setbacks. (PA03-0552 - FISK) . T emecula Lane - A Conditional Use Permit, Development Plan and Vesting Tentative Tract Map to construct 59 4-plex buildings totaling 236 units, 32 3-plex buildings totaling 96 units and 96 single-family detached units on a 47.5 acre site located at the northeast corner of Loma Linda Road and Temecula Lane. The project was submitted on August 8,2004. A DRC meeting was held with the applicant on October 21,2004. Plan revisions were submitted on March 3, 2005. Staff provided revision comments to the applicant on March 31, 2005. The Initial Study is currently in public review until September 16, 2005. (PA04-0496 - DAMKO) . Green Courts at Wolf Creek - A Tentative Tract Map to subdivide 11.65 acres into 85 lots (77 residential units) with an alley type design and a minimum lot size of 3,000 square feet in Planning Area 10 of Wolf Creek. In conjunction, a Development Plan (Product Review) for 77 residential green court homes. Units range from 2, 084 square feet to 2, 204 square feet with 3 different floor plans and 3 architectural designs. This application was submitted on January 10, 2005. A DRC Meeting was held on February 24, 2005. The project was resubmitted on April 19, 2005. A second Pre-DRC meeting was held on May 10, 2005. A DRC comment letter was sent on May 13, 2005. Plans were resubmitted July 18, 2005. Staff is working with the applicant on final revisions prior to scheduling a Planning Commission hearing. (PA05-0009 & PA05- 0010 - PETERS) . Cottonwood at Wolf Creek - A Home Product Review for the architectural design and placement of 133 single family residences within Planning Area 20 of the Wolf Creek Specific Plan Area. The project was submitted on March 21, 2005. A DRC letter was mailed to the applicant on April 22, 2005. The applicant resubmitted on June 24, 2005. Comments are due July 15, 2005. Staff is working with the applicant on final revisions prior to scheduling for a Director's Hearing. (PA05-0084 - PETERS) R:\MONTHL YHPn2005\8-2005 Report.doc 7 . Gallery Reserve - A Home Product Review submitted on June 30, 2005 for 15 single family residences located on the north side of Santiago Road and Margarita Road. A Director's Hearing is scheduled for September 28, 2005. (PA05-0201 - DAMKO) . Wood creek Apartments - A Minor Modification application to build 35 tenant covered parking spaces/garage ports to be located at 42200 Moraga Road. The application was submitted on May 31, 2005. a DRC meeting was held on July 14, 2005. Revised plans were submitted on August 4, 2005. A second DRC letter was sent on August 25, 2005. Staff is currently awaiting the submittal of revised plans. (PA05-0160 - BALES) . Kingdom Hall of Jehovah's Witness Church - A Pre-Application for a Conditional Use Permit to construct an 11,550 square foot church with two additional detached residential units totaling 1,612 square feet located on Calle Girasol and Riverton. The project was submitted on July 19, 2005 and is currently under review. This project is scheduled for DRC on September 22, 2005. (PR05-0012 - MCCOY) Miscellaneous . Sprint 100 Margarita - A Minor Conditional Use Permit for the co-location of six (6) cellular telecommunication antennas on a mono-pine, which includes the replacement of the existing 57 foot high mono-pine with a 68'4 ft mono-pine, located at 41520 Margarita Road. The application was submitted on September 23, 2004. A DRC letter was sent to the applicant on October 19, 2004. Revised plans were submitted on December 9, 2004. The applicant contacted staff on February 22, 2005 stating that the proposed site for co-location was already occupied by another carrier and that revised plans must be submitted for location on another structure on the project site. Revised plans were submitted on June 29, 2005. A DRC letter was sent to the applicant on August 4, 2005. Staff is currently awaiting the submittal of revised plans. (PA04-0529- FISK) . Temecula Faith Center - A Minor Conditional Use Permit submitted on April 14, 2005 for Temecula Faith Center to locate in an existing industrial building located at 42266 Remington Avenue. The total church square footage proposed is 8607 square feet, which represents an addition of a 500 square foot mezzanine. Staff is currently awaiting submittal of a parking analysis from the applicant. A DRC letter was sent to the applicant on May11, 2005. Staff is currently awaiting the submittal of revised plans. (PA05-0114 - FISK) . Margarita Crossings - A Sign Program for the proposed Margarita Crossings Shopping Center located at the southwest corner of Margarita Road and Overland Drive. The application was submitted on March 1, 2005. A DRC letter was sent on March 28, 2005 and staff met with the applicant to review the DRC comments on April 22, 2005. The applicant submitted a revised sign program on July 1, 2005. The project is scheduled for the September 21, 2005 Planning Commission hearing. (PA05-0064 - FISK) . Rancho Baptist Church Monopine - A Conditional Use Permit application to construct an 80' foot monopole antenna facility with shelter on the northwest corner of the Rancho Baptist Church property, located at 29775 Santiago Road, APN 922-130-017. The application was submitted on November 9, 2004. Staff has completed a preliminary review, and the application was forwarded to the City's newly hired telecommunications consultant for review. Comments were mailed May 6, 2005. Staff is awaiting revised plans. (PA04-0578 - PETERS) R:\MONTHL YHPn2005\8-2005 Report.doc 8 . Cingular Mono-Pine Wireless Antenna - A Conditional Use Permit to construct a 50' high monopine on Greentree Road, approximately 500' east of Via Sierra. Project was submitted on April 19, 2004. Staff sent a DRC letter on June 8,2004. The applicant resubmitted plans on September 23, 2004. Staff has received 3rd party review comments. Staff has postponed scheduling the project for a Planning Commission hearing at the applicant's request and anticipates scheduling the application for a September Planning Commission hearing. (PA04- 0285 - FISK) . Meadowview Golf Course - Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The focused EIR requires modification. Staff provided an EIR comment letter to applicant the week of June 7,2004. Staff is currently waiting for the revised EIR. (PA01-0375 - PETERS) . Verizon Wireless Telecommunication -A Conditional Use Permit for a 60-foot high mono-pine within the Rancho California Water District Headquarters facility. Staff has informed the applicant that the proposed mono-pole is not an acceptable design for the area. The applicant indicated alternative sites would not be feasible; however, on November 10, 2003, they offered to look at alternative sites and designs. The applicant resubmitted on May 10, 2004. Staff met with the applicant on August 19, 2004 to discuss design alternatives. The applicant is continuing to cooperate with staff to develop an agreeable design solution. On September 16, 2004 the applicant submitted design concepts that were not supported by staff. There has been no formal resubmittal since May 10, 2004. There is a new consultant working with the applicant who is preparing a new submittal to forward to our new Telecommunication consultant for 3rd party review. (PA02-0637 - PAPP) . Cyberzone - A Minor Conditional Use Permit for the establishment and operation of an Internet business to rent computer times for Internet and Microsoft applications within an existing suite of the Promenade Mall. Staff has received conditions of approval from other departments and scheduled the project for the April 7, 2004 Planning Commission Hearing The applicant lost their iease prior to the hearing, so the application has been continued off calendar in anticipation of another lease space becoming available within the mall. (PRJOO-906 - FISK) . Temecula Regional Hospital - A General Plan Amendment, Conditional Use Permit and Development Plan to construct a fitness center, cancer center, two medical/office buildings (4 stories each) and a six-story hospital structure all totaling approximately 535,000 square feet, located north of Highway 79 South, south of De Portola and west of Margarita Road. Project was submitted June 30, 2004. A DRC was held on August 18, 2004. Staff and the City Council subcommittee have met with the applicant twice. The applicant submitted revised plans and a Tentative Parcel Map (PA04-0571) on November 4,2004. This project went to the Planning Commission on April 6, 2005. The Planning Commission recommended that staff prepare an EIR for this project. P&D Consulting is preparing a Focused EIR. This project is scheduled for Planning Commission and City Council in November. (PA04-0462,PA04-0463 - PAPP) . Verizon Wireless Telecommunication - A one-year extension of time for a previously approved Minor conditional Use Permit (PA01-0019) to co-locate 3 antenna array panels on an existing monopine structure located at the RCWD tank in Chardonnay Hills, 31008 Rancho California Road. A Director's Hearing was held on September 9, 2004 where it was re-directed to Planning Commission due to environmental concerns expressed by neighboring property owners. An Initial Study is being prepared to consider aesthetic impacts. The applicant has been notified that a Negative Declaration will be prepared. There is a new consultant working with the applicant who is preparing a new submittal to forward to our new Telecommunication R\MONTHL YHPn200518-2005 Report.doc 9 consultant for 3rd party review. This item is tentatively scheduled for Planning Commission on October 5, 2005 pending submittal of revised plans and noticing package. (PA04-0264 - PAPP) . Nextel at Bennett - A Development Plan and Conditional Use Permit to construct and operate a cellular telecommunications facility consisting of six antennas (total) on two light poles and 11.5" x 20" equipment building on 12 acres located at 32240 Highway 79 South. The application was submitted on November 1,2004. Comments from the City's consultant for 3rd party review were received on March 20, 2005. A DRC letter was sentto the applicant on March 30, 2005. A new management company recently contacted staff, requesting that the application not be closed. Staff is currently awaiting the submittal of revised plans. (PA04-0566 - FISK) . Wolf Creek Private Recreation Facility - An Administrative Development Plan for the Wolf Creek Private Recreation Center including an administrative building, pool, volleyball court, play area, and grounds located at Wolf Creek Drive approximately 1,000 feet south of Wolf Creek Road and the Fire station property. Plans for this project were submitted on June 8, 2005. This project is under review and a Pre-DRC meeting was held on June 21,2005. A comment letter was sent on June 23, 2005. Plans were resubmitted September 13, 2005. Comments are due September 22, 2005. (PA05-0144 - PETERS) . Brightstart Daycare - A Minor Conditional Use Permit for a large family childcare proposed in a 1,639 square foot home located at 31862 Via Barraza. This project was submitted on July 26, 2005 and is currently under review. A DRC meeting was held on September 1,2005 and a DRC letter will be sent on September 13, 2005 to the applicant. (PA05-0213- MCCOY) . The Emporium- A Minor Modification submitted on June 8, 2005 to improve fagades on the existing building located at 42050 Main Street. Improvements include replacement of existing, and failing pedestrian walkway canopy and to construct a new entry feature. This project is scheduled for the July 12, 2005 pre-DRC Meeting. A DRC was held on August 4,2005 and a DRC letter was sent on August 10, 2005. Staff is waiting for resubmittal. Plans were resubmitted on August 29, 2005. This project is scheduled for Old Town Local Review Board on September 12, 2005. (PA05-0174- MCCOY) . The Stage Stop ATM Shack - A Minor Modification submitted on June 10, 2005 for the construction of an auxiliary structure intended to house weekend/event vendors and a 24 hour ATM. The project is located at 28464 Old Town Front Street. This project is scheduled for the July 12, 2005 Pre-DRC meeting. A DRC meeting was held on August 4, 2005 and a DRC letter was sent on August 10, 2005. Staff is waiting for resubmittal. Plans were submitted on September 1,2005. This project is scheduled for the Old Town Local Review Board on October 1, 2005. (PA05-0178 - MCCOY) Small Business Assistance . Temecula Olive Oil Company - Staff worked with this Old Town business owner on a revised plan for an exterior fagade improvement that includes an expanded outdoor dining area and new patio furniture. This proposal will be submitted to the Old Town Local Review Board for approval on September 12, 2005. R:\MONTHL Y.RPn2005\8-2005 Report.doc 10 Special Event Permits . 2005 Fall Car Show - Staff is working with P & R Productions to help them with their Temporary Use Permitforthis Old Town event that will take place on October 7 and 8, 2005. (PA05-0227- NOLAND) . 2005 Race for the Cure - Staff is helping the organizers with a Major Temporary Use Permitfor this event that will take place on October 16, 2005 at the Promenade Mall in Temecula. Meetings with the applicant and City departments are taking place on a regular basis. (PA05- 0251 - NOLAND) . Home and Garden Show-A Major Temporary Use Permit has been applied for to conduct this event at the southwest corner of Overland Drive and Margarita Road on October 14, 15, and 16, 2005. City departments have submitted their comments regarding this proposal. (PA05-0228- NOLAND) . Antique Faire - A Temporary Use Permit is in progress for this Old Town Front Street event organized by the Redevelopment Department that will take place on September 24,2005. Staff is coordinating comments from all concerned City departments. (PA05-0255 - NOLAND) . 2005 Fall Car How & Cruise - Staff is working with P & R Productions to help them with their Temporary Use Permit for this Old Town Event that will take place on October 7 & 8, 2005. Organizational meetings with the applicant are being held on a regular basis. (PA05-0227- NOLAND) . Temecula On Stage - This event was held on September 3,2005. Staff aided the applicant in obtaining a Major Temporary Use Permit for this activity in addition to holding an organizational meeting to finalize all the details. (PA05-0222 - NOLAND) . Special Projects & Long Range Planning 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 Specific Plan Amendment - Staff is finalizing the draft amendment to the Old Town Specific Plan to expand the protection for historic structures throughout the City, as well as make a number of other clarifications related to alleys, landscaping, signage, and mixed use projects within the Old Town Area. (HOGAN) . Comprehensive General Plan Update - The City Council has approved the General Planupdate and staff has provided the final corrections to the consultant to finalize the General Plan documents. (HOGAN) . Public Transportation Master Plan - The City Council has identified a number of items that should be considered in the development of the Master Plan. Staff is meeting to develop a scope of work to begin soliciting proposals. (HOGAN) . Mixed Use Development Standards - Staff has started the development process for Mixed Use Development Standards by reviewing existing projects and guidelines. This is expected to result R:\MONTHL Y.RPn2005\8-2005 Report.doc 11 in a recommended approach for areas of the City that are designated for Mixed Use development. (WEST) . Santa Margarita River Watershed Planning Project - Staff members from the Planning and Public Works Departments are participating in the process. Since the completion ofthe contract between the San Diego Regional Water Quality Control Board and the County of San Diego, no meetings or program work have occurred (HOGAN) . Roripaugh Estates Specific Plan Amendment - Staff is proposing to amend the Roripaugh Estates Specific Plan to resolve commercial zoning issues and existing land uses A draft Specific Plan has been developed. Staff is preparing to undertake a similar process with the Rancho Highlands Specific Plan. (PA97-0443 - WEST) . Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. . Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the new CEQA Guidelines, and will create new templates for standard CEQA forms. . Development Code Clean-Up Amendment - The item was initially presented to the Planning Commission and has been continued off-calendar. Staff is working on finalizing a revised amendment to the Development Code. (PA05-0041 - WEST) . Surface Mining Ordinance - Staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. . South Side Street Improvement Project - The former South Side Specific Plan is being modified to design guidelines and a street improvement program for Old Town Front Street between First Street and Highway 79 South. . City - Project environmental reviews and permitting: o Overland Drive Extension - Staff reviewed 2nd submittal of the Draft Initial Study 1 Mitigated Negative Declaration and has provided comments to Public Works. No resubmittal to date. o Diaz Road General Plan Level Improvements - Staff has prepared an Initial Study to determine the impacts of constructing ultimate improvements on Diaz Road. Staff is recommending that a Negative Declaration be prepared, the scheduling of this item for the City Council will be coordinated with Public Works Department. (EA107 - PAPP) o 1-151 SR79 S. Ultimate Interchange Project - Staff has provided comments to the Public Works Department on the issues that need to be addressed in the NEPAlCEQA document that is to be prepared for this project. (EA 111 - WEST) General Plan Amendments . PA03-0178 TERC 52, LLC - A General Plan amendment application (and Zone Change PA03- 0177) to change the land use designation on 52.83 acres from Business Park to High Density Residential at the northwest corner of the Rancho California Business Park, adjacent to the R:\MONTHL YHPn2005\8-2005 Report.doc 12 Campus project. Staff is awaiting the submittal of additional information to determine that the project is consistent with the Comprehensive General Plan Update. (PAPP) . PA04-0411, Nicolas 73 - A General Plan Amendment application (and Zone Change PA04- 0414, and TTM PA04-0415) to change the land use designation on 73 acres from very low density Residential to L-1 at the southeast corner of Nicolas Road and Via Lobo. Pre-DRC was held on July 8,2004 and DRC was held on July 15, 2004. Based upon issues raised at DRC and clarified in a follow-up letter the applicant was informed that staff does not support the GPA. Issues related to the overall project density and number of lots proposed on the map will require a resubmittal. (PAPP) R:\MONTHL Y.RPn2005\8-2005 Report.doc 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim Domenoe, Chief of pOlicerjJ DATE: September 27, 2005 SUBJECT: Monthly Departmental Report The following report reflects the activity of the Temecula Police Department for the month of August. PATROL SERVICES Overall calls for police service..............................................................................................3,197 "Priority One" calls for service ................................................................................................... 37 Average response time for "Priority One" calls............................................................5.7 minutes VOLUNTEERS Volunteer administration hours................................................................................................. 95 Community Action Patrol (CAP) hours .................................................................................... 222 Reserve officer hours (patrol)..................................................................................................112 Total Volunteer hours.... ....... ................ ... ................. .......... .................................................. 1,438 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted .. ... ... ........ ... ... ... .... ... .... ....... ..... .... ..... ..... .... .... .... ...........4 Residential/business security surveys conducted.................................................................... 0/0 Businesses visited............. ......................................................................................................... 8 Businesses visited for past crime follow-up............................................................................... 17 Crime prevention articles ............. ............................................................................................... 1 Total square footage of graffiti removed............................................................................... 4,054 OLD TOWN STOREFRONT Total customers served........................................................................................................... 300 Sets of fingerprints taken.......................................................................................................... 63 Police reports filed.................................................................................................................... 31 Citations signed off................................................................................................................... 10 Total receipts ................................................................................................................... $11 ,349 POP TEAMS (POP activities were auamented bv SET in Auaustl On-site felony arrests............. ............................. ........................................................................3 On-site misdemeanor arrests..... ... ... ... ... ... ....... ....... ... ... ... ....... .... ... .... .... ..... .... ..... ..... .... ....... ..... 14 Felony arrest warrants served......... ............................ ................................................................ 6 Follow-up investigations.............. .............................................................................................. 15 C:\OOCUME-1\JDOMENOEILOCALS-1\Temp\AugusLdoc TRAFFIC Citations issued for hazardous violations ............................................................................. 1,047 D.U.1. checkpoints conducted..................................................................................................... 1 Non-hazardous citations .......... .................... ........................................................................... 101 Stop Light Abuse Program (S.L.A.P.) citations........................................................................ 385 Neighborhood Enforcement Team (N.E.T.) citations............................................................... 116 Parking citations..................................................................................................................... 133 Injury collisions......................................................................................................................... 19 INVESTIGATIONS Average open cases per detective .........................................................................................26.4 Average case closure rate (per Detective) ............................................................................... 1.4 Number of community seminars conducted ................................................................................ 0 SPECIAL ENFORCEMENT TEAM (SET TEAM) (SET worked on POP Team durinQ AUQustl On-site felony arrests.................................................................................................................. 0 On-site misdemeanor arrests...................................................................................................... 0 Felony arrest warrants served............. ................. ...... .................................................................0 Misdemeanor arrest warrants served .......................................................................................... 0 Follow-up investigations... ................................ ........................................................................... 0 IlIeqal druqs seized PROMENADE MALL TEAM Calls for service.................................. ...................................................................................... 60 Felony arrest/filings..................................................................................................................... 0 Misdemeanor arrest/filings........................................................................................................ 11 Vehicle burglaries....................................................................................................................... 3 Vehicle thefts.............................................................................................................................. 0 SCHOOL RESOURCE OFFICERS Felony arrests....................................................................................................................... ...... 1 Misdemeanor arrests.................................................................................................................. 0 Citations..................................................................................................................... ................6 Youth counseled.. ..................................................................................................................... 81 Presentations Great Oak High School........................................................................................ School Clothing YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members........................................................................6 School visits......... ....... .......... .................... ................................................................................ 11 Home visits........................................................................................................................ .......25 C:\DOCUME-1\JDOMENOE\LOCAlS-1\Temp\Augusl,doc