HomeMy WebLinkAbout041106 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
APRIL 11, 2006 -7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can
be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meetin~. All meetin~s are scheduled to end at 10:00 P.M.
Next in Order:
Ordinance: 06-05
Resolution: 06-33
CALL TO ORDER:
Mayor Ron Roberts
Prelude Music:
Eve Craig
Invocation:
Pastor Wells of Mountainview Community Church
Flag Salute:
Cub Scout Pack #369
ROLL CALL:
Comerchero, Edwards, Naggar, Washington, Roberts
PRESENTA TIONS/PROCLAMA TIONS
National Crime Victims Riahts Week Proclamation
Arrow of Liaht Certificates
Proclamation honorina Marine Coros Lt. Col. John Randall III Retirement
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is
a five minute (5) time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of March 21, 2006.
3 Resolution Aoorovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH
IN EXHIBIT A
4 Citv Treasurer's Reoort as of Februarv 28. 2006
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of February 28, 2006.
2
5 First Amendment to Professional Consultant Services Aareement for NPDES Permit Plan
9heck and Insoection Services
RECOMMENDATION:
5.1 Approve the First Amendment to the Professional Consultant Services Agreement
with AEI-CASC Engineering for Plancheck and Inspection Services required by the
City's NPDES permit in the amount of $25,000, and authorize the Mayor to execute
the amendment.
6 Contract Aareement for Traffic Sianal Timina Evaluation and Coordination - Winchester
Road. Rancho California Road. and 79 South
RECOMMENDATION:
6.1 Approve a Contract with Republic Electric in the amount of $60,000 for traffic signal
timing evaluation and coordination for Winchester Road, Rancho California Road,
and 79 South and authorize the Mayor to execute the contract;
6.2 Authorize the City Manager to approve contract change orders not to exceed the
contingency amount of $6,000, which is equal to 10% of the contract amount.
7 Professional Services Aareement for Bridae Insoections - Rorioauah Ranch Butterfield Staae
Road bridaes over Lona Vallev Wash and over Santa Gertrudis Creek
RECOMMENDATION:
7.1 Approve the Professional Services Agreement for Bridge Inspections of the
Roripaugh Ranch Butterfield Stage Road bridges over Long Valley Wash and over
Santa Gertrudis Creek with TY Lin International in the amount of $150,000 and
authorize the Mayor to execute the agreement;
7.2 Authorize the City Manager to approve Extrawork Authorizations not to exceed the
contingency amount of $15,000, which is equal to 10% of the agreement.
8 TUMF Reimbursement Aareement - French Vallev Parkwav
RECOMMENDATION:
8.1 Approve the model agreement in the amount of $7,517,000 for the Funding of
TUMF Regional Arterial Improvements between the Riverside County
Transportation Commission (RCTC) and the City of Temecula for the French Valley
Parkway 1-15 Overcrossing and Interchange Project in substantially the same format
as attached, and authorize the City Manager to execute the final agreement in
substantially the same format as attached.
3
9 Completion and Acceotance of the Construction Contract for the Winchester Road Widenina
at Jefferson Avenue. Proiect No. PWOO-27
9.1 Accept the project, Winchester Road Widening at Jefferson Avenue, Project No.
PWOO-27 as complete;
9.2 Accept the new improvements into the City-maintained street system;
9.3 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;
9.4 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
10 Comoletion and Acceotance of the Rainbow Canvon Guardrail Installation and Reolacement.
Proiect No. PW02-18 Federal Proiect No. STPLHG-5459(016)
RECOMMENDATION:
10.1 Accept the construction of the Rainbow Canyon Guardrail Installation and
Replacement, Project No. PW02-18, as complete;
10.2 Accept the new improvements into the City maintained street system;
10.3 Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a one year Maintenance Bond in the amount of 10%
of the contract amount;
10.4 Release the Materials and Labor Bond seven months after the filing of the Notice of
Completion if no liens have been filed.
11 Second Readina of Ordinance No. 06-04
RECOMMENDATION:
11.1 Adopt an Ordinance entitled:
ORDINANCE NO. 06-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 15.08 OF THE TEMECULA MUNICIPAL CODE
AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND
ESTABLISHING PROCEDURES FOR THE APPROVAL AND COLLECTION OF
THE TRANSPORTATION UNIFORM MITIGATION FEE
******'14 _"
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT, AND THE
CITY OF TEMECULA REDEVELOPMENT AGENCY
4
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 06-01
Resolution: No. CSD 06-06
CALL TO ORDER: President Jeff Comerchero
ROLL CALL:
DIRECTORS:
Edwards, Naggar, Roberts, Washington,
Comerchero
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CSD CONSENT CALENDAR
12 Minutes
RECOMMENDATION:
12.1 Approve the minutes of March 21, 2006;
12.2 Approve the minutes of March 28, 2006.
13 Comoletion and Acceotance for the Patricia H. Birdsall Soorts Comolex Svnthetic Turf -
Proiect No. PW01-17CSD
RECOMMENDATION:
13.1 Accept the project, Patricia H. Birdsall Sports Complex Synthetic Turf - Project No.
PW01-17CSD - Turf as complete;
13.2 File the Notice of Completion, release the Performance Bond, and accept a one-
year Maintenance Bond;
5
13.3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion, if no liens have been filed.
14 Acceptance of a Storm Drain Construction and Maintenance Easement Deed alona
Maraarita Road within the Harveston Development
RECOMMENDATION:
14.1 Accept the Storm Drain Construction and Maintenance Easement Deed and the
Parkland/Landscape Faithful Performance Bond and authorize the City Clerk to
record the easement document.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER'S REPORT
CSD BOARD OF DIRECTORS' REPORTS
CSD ADJOURNMENT
Next regular meeting: Tuesday, April 25, 2006, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
6
TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 06-01
Resolution: No. RDA 06-04
CALL TO ORDER: Chair Person Mike Naggar
ROLL CALL
AGENCY MEMBERS: Edwards, Comerchero, Roberts, Washington,
Naggar
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
RDA CONSENT CALENDAR
15 Minutes
RECOMMENDATION:
15.1 Approve the minutes of March 21, 2006;
16 Award the Construction Contract and Approval of a Soil Excavation and Temporarv Entrv
Aareement with the Rancho California Water District for the Temecula Education Center
Rouah Gradina - Proiect No. PW06-03
RECOMMENDATION:
16.1 Award a construction contract for the Temecula Education Center Rough Grading -
Project No. PW06-03, - to Yeager Skanska, Inc. in the amount of $3,155,810 and
authorize the Agency Chairperson to execute the contract;
16.2 Authorize the Executive Director to approve change orders not to exceed the
contingency amount of $315,581, which is equal to 10% of the contract amount;
7
16.3 Approve an appropriation of $730,000 and $270,000 ($1,000,000 total) for the
Temecula Education Center Rough Grading Project No. PW 06-03 from Developer
Reimbursables and Reimbursement from the Rancho California Water District
(RCWD), respectively;
16.4 Establish estimated revenues for the Temecula Rough Grading Project No. PW 06-
03 in the amount of $730,000 and $270,000 ($1,000,000 total) for Developer
Reimbursables and for Reimbursement from RCWD, respectively;
16.5 Approve an advance of $1 ,000,000 from Redevelopment Agency Affordable
Housing Funds to the Temecula Education Center Rough Grading Project No. PW
06-03;
16.6 Approve a Soil Excavation and Temporary Entry Agreement with the Rancho
California Water District, and authorize the Executive Director to execute the
Agreement.
RDA EXECUTIVE DIRECTOR'S REPORT
RDA AGENCY MEMBERS' REPORTS
RDA ADJOURNMENT
Next regular meeting: Tuesday, April 25, 2006, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
8
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
17 Appeal of three Conditions of Approval for PA05-0064 - A Comprehensive Sian Proaram for
the Maraarita Crossinas Shoppina Center
RECOMMENDATION:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DENYING THE APPEAL OF THREE CONDITIONS OF
APPROVAL FOR PA05-0064 - A COMPREHENSIVE SIGN PROGRAM FOR THE
MARGARITA CROSSINGS SHOPPING CENTER, GENERALLY LOCATED AT
THE SOUTHWEST CORNER OF MARGARITA ROAD AND OVERLAND DRIVE
COUNCIL BUSINESS
18 Appointment of Members to Ad-Hoc Subcommittee for Issues Reaardina the Consolidation
of Macv's and the Robinsons-Mav at the Promenade Mall
RECOMMENDATION:
18.1 Appoint an ad-hoc subcommittee to provide direction as issues arise regarding
consolidation of Macy's and the Robinsons-May at the Promenade Mall.
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: Tuesday, April 25, 2006 at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
9
PROCLAMA TIONS
AND
PRESENTATIONS
The City of Temecula
PROCLAMATION
WHEREAS, Families and Friends of Murder Victims is a non-profit organization founded with the sole purpose of helping
those who have been victims of crime; and
WHEREAS, this annual commemoration promotes victim's rights and services in all sectors of our society; and
WHEREAS, communities all across the United States will join together this week to commemorate the Silver Anniversary of
National Crime Victims' Right Week and to honor victims and survivors and those who serve them; and
WHEREAS, every time we serve victims and survivors of crime, we are also serving justice; and
WHEREAS, this week, as we pay tribute to crime victims and all those who dedicate their lives to helping them, our shared
challenge is to realize that justice isn't served until crime victims are; and
NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City Council ofthe City of Temecula, hereby proclaim April 23rd
through April 29th, 2006, as
"National Crime Victims' Rights Week"
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Seal of the City of Temecula to be affixed
this 11 th day of April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Paul Diaz
and joins with Cub Scout Pack #369 in congratulating him for attaining
Cub Scouting's highest award, Arrow of Light.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 11th day of
April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Kyle Ruhe
and joins with Cub Scout Pack #369 in congratulating him for attaining
Cub Scouting's highest award, Arrow of Light.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 11th day of
April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Brett M. Goodrich
and joins with Cub Scout Pack #369 in congratulating him for attaining
Cub Scouting's highest award, Arrow of Light.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 11th day of
April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Justin Richard Harvey
and joins with Cub Scout Pack #369 in congratulating him for attaining
Cub Scouting's highest award, Arrow of Light.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 11th day of
April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Kevin Joseph Lobb
and joins with Cub Scout Pack #369 in congratulating him for attaining
Cub Scouting's highest award, Arrow of Light.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 11th day of
April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Richard A. Pytak
and joins with Cub Scout Pack #369 in congratulating him for attaining
Cub Scouting's highest award, Arrow of Light.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 11th day of
April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Jake Shelley
and joins with Cub Scout Pack #369 in congratulating him for attaining
Cub Scouting's highest award, Arrow of Light.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 11th day of
April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Bryce A. Rollins
and joins with Cub Scout Pack #369 in congratulating him for attaining
Cub Scouting's highest award, Arrow of Light.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 11th day of
April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
James Roberts
and joins with Cub Scout Pack #369 in congratulating him for attaining
Cub Scouting's highest award, Arrow of Light.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 11th day of
April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Michael H. Whaling
and joins with Cub Scout Pack #369 in congratulating him for attaining
Cub Scouting's highest award, Arrow of Light.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 11th day of
April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
PROCLAMATION
WHEREAS, John Albert Randall III was born December 2,1951; and
WHEREAS, John has served in the United States Marine Corps from 1977to present. John has earned a Bachelor of Arts Degree,
two Masters Degrees, multiple college credentials, and is currently pursuing a Doctorate in Education Degree; and
WHEREAS, John was commissioned as 2nd Lieutenant on April 1, 1978 and was later promoted to Lieutenant Colonel. He
completed numerous training courses throughout his career; and
WHEREAS, Lieutenant Colonel Randall spent many years serving overseas. Upon his return to the States, he was stationed at
Camp Pendleton from April 1980 until leaving active duty in July 1981. He joined the Marine Corps Reserves in 1982 and has
continued to support Marine Corp activities. He was recalled to Active Duty during Desert Shield and Desert Storm in 1990 and
Operation Enduring Iraqi Freedom in 2002; and
WHEREAS, John received many awards throughout his life. He was awarded the second Military Outstanding Volunteer Service
Medal twice by the Marine Corps for volunteer work with the Temecula Valley High School ~ Golden Valley Regiment Marching Band.
He received the Meritorious Service Medal, Global War on Terrorism Service Medal, and the National Defense Medal, along with several
other medals during the time periods of active duty; and
WHEREAS, John has been active in many community organizations in Temecula. He was Cubmaster for Cub Scout Pack 301,
served as 2nd Vice Commander for the American Legion Post 852, is a member of the Arts Council and Historical Society, and has
sponsored several community projects.
NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City Council ofthe City of Temecula, hereby honor Lieutenant
Colonel Randall on his retirement from the United States Marine Corps and we want to express our deep gratitude for his service to
our Country and to the City of Temecula. We would also like to commend him on his many achievements and wish him the best of
luck in his future endeavors.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal ofthe City of Temecula to
be affixed this U'h day of April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
I~-- .
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ITEM NO.1
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
MARCH 21, 2006
The City Council commenced its regular meeting at 7:00 P.M., on Tuesday, March 21, 2006, in
the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California, was convened.
Present:
5
Council Members:
Comerchero, Edwards, Naggar, Washington, and
Roberts
Absent:
o
Council Members:
None
PRELUDE MUSIC
The prelude music was provided by Eve Craig
INVOCATION
The invocation was given by Gary Nelson of Calvary Chapel of Temecula
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Mayor Pro Tem Washington
PRESENTA TIONS/PROCLAMA TIONS
Presentation of Sponsorship Checks to students travelina to Sister Citv Netherlands
Commenting on the life-long relationships and the exchanges of ideas the City has experienced
with its Sister Cities, Mayor Roberts introduced the students traveling to Leidschendam-
Voorburg, Netherlands and presented each student with a $200 check.
D Brent Wyman
D Brittany Easterwood
D Leslie Kaw
D Joann Weersing
D Brittany Dismukes
D Annalice Heinz
D Alit Adkins
D Michele Sadler
D Dana Kiel
D Jacqueline Anderson
D Kathryn Pratt
The above-mentioned students thanked the City Council for the contribution.
R:\Minutes\032106
Certificates of Achievement to the Ladv Hooos Basketball Team
Mayor Roberts congratulated the following players for their accomplishments and efforts in
leading the Temecula Lady Hoops 6th Grade Basketball Team to victory:
D Mike Pino, Coach
D Hazel Martinez, Assistant Coach
D Alesia Lowery
D Christina Johnson
D Carly Bauer
D Kaitlin Mathewson
D Cassie Davis
D Taelor Shoemaker
D Ariana Wilson
D Jessica Pino
PUBLIC COMMENTS
A. Ms. Suzanne Zychowicz, Temecula, formally requested that the City Council consider
the following:
D That the City Council not consider, as requested by the Meadowview
Association, the erection of a wall on Kahwea Road, advising that a wall would
create a hazardous situation
D That the City Council not consider the installation of a community park on North
General Kearny Road and Nada Lane, as requested by the Meadowview
Association
D That the City Council consider opening closed streets and the completion of
North General Kearny Road
D That the City Council consider ingress and egress routes -- one-way in or out of
the Meadowviewarea
D That the City Council consider one-way traffic flow on Del Rey Road and Via
Norte; and that parking zones, curbs, and new roadways along public utility right-
of-way and lighting be considered
D That the City Council consider the implementation of a community task force.
B. Mr. Clif Hewlett, Temecula, representing Save our Southwestern Hills, expressed his
opposition to the granite quarry project along the southern border of Temecula Valley,
Riverside, and San Diego County; requested that the City Council oppose the project; and
advised of a rally from Temecula High School to Ronald Reagan Sports Park on Sunday, May
7, 2006.
R:\Minutes\032106
2
C. Mr. Mike Kuhn, Temecula, publicly apologized to Council Member Naggar for a
comment that he had made at an earlier City Council meeting with regard to North General
Kearney. Mr. Mike Kuhn requested that the City Council perform a traffic study including east to
west streets between Winchester Road and Rancho California Road.
CITY COUNCIL REPORTS
A. Council Member Edwards informed that on March 20, 2006, Assistant City Manager
O'Grady and she had an opportunity to attend a meeting at Sunrise Power Lake and advised of
a new technology that will supply energy to San Diego County.
Council Member Edwards requested that staff to provide an update with regard to the
new 911 system and stated that the public may view City Council meetings live at
KZSWTV.com.
B. Referencing a recent car accident in the Meadowview area which resulted in a death,
Mayor Pro Tem Washington noted the importance of keeping neighborhoods safe.
Referencing a previously made comment with regard to the Roripaugh project, Mayor
Pro Tem Washington clarified that Council action taken at the February 28, 2006, City Council
meeting, pertained to the sale of bonds which will be utilized for needed infrastructure for the
Roripaugh Ranch project.
C. Commenting on the future state-of-the-art Temecula Library, Council Member Naggar
requested that staff agendize discussion of the Child Internet Protection Act.
Referencing a comment made by Mayor Pro Tem Washington regarding Roripaugh,
Council Member Naggar noted that the bond sale will allocate $42 million toward infrastructure;
that the fire station would be nearing its completion; and encouraged individuals to read the
Growth Management Plan, written in March, 2000, which may be found on the City's internet.
D. Council Member Comerchero noted that the City has seriously addressed
trafficlinfrastructure issues and that he would not approve any new development without the
implementation of infrastructure.
Referencing a comment made by Council Member Edwards, Mr. Comerchero concurred
with requesting a 911 system update including the addition of recommendations to improve the
system.
Council Member Comerchero apprised the public of a new book called Temecu/a,
advising that it would be a pictorial history of Temecula along with commentaries dating back to
the mid 1800's, noting that more information regarding the book may be found at
www.vailranch.com.
On behalf of the City Council, Council Member Comerchero gave condolences to the
family of Mr. Bob Burns, who recently passed away.
R:\Minutes\032106
3
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 February 14, 2006;
2.2 Approve the minutes of February 28, 2006.
3 Resolution approvina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 06-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH
IN EXHIBIT A
4 Citv Treasurer's Report as of Januarv 31. 200q
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of January 31, 2006.
5 Police Department OTS Seatbelt Mini Grant Fundina
RECOMMENDATION:
5.1 Increase estimated General Fund Grant Revenue by $24,256;
5.2 Appropriate $24,256 from General Fund Grant Revenue to the Police Department.
6 Resolution Chanaina the Time of Plannina Commission Meetinas
RECOMMENDATION:
6.1 Adopt a resolution entitled:
R:\Minutes\032106
4
RESOLUTION NO. 06-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING AN AMENDED MEETING TIME FOR THE CITY OF TEMECULA
PLANNING COMMISSION
7 ,second Amendment to the Professional Services Aareement for Geotechnical and Materials
Testina Services with EnGEN Corooration for Various Capital Improvement Proiects for
FY2005-2006
RECOMMENDATION:
7.1 Approve the Second Amendment to the Fiscal Year 2005-2006 Professional
Services Agreement with EnGEN Corporation in the amount of $25,000.00 to
provide as needed geotechnical and material testing services and authorize the
Mayor to execute the amendment.
8 )/Vestern Bvpass Corridor - Phase I Alianment Studv. Proiect No. PW05-10
RECOMMENDATION:
8.1 Approve an agreement with URS Corporation to provide professional engineering
services by doing a specific alignment study and determination for the Western
Bypass Corridor - Phase I Alignment Study - Project PW05-10 - in an amount not to
exceed $265,180.00, and authorize the Mayor to execute the agreement;
8.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $26,518.00, which is equal to 10% of the agreement
amount.
9 Award the Construction Contract for Proiect No. PW06-01 - Slurrv Seal Proiect FY2005-
2006. Redhawk Area
RECOMMENDATION:
9.1 Award a construction contract for Project No. PW06-01- Slurry Seal Project FY
2005-2006 - Redhawk Area - to All American Asphalt in the amount of $563,690.50
and authorize the Mayor to execute the contract;
9.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $56,369.05, which is equal to 10% of the contract amount.
10 Award the Construction Contract for Proiect No. PW06-02 - CitYWide Concrete Repairs
Fiscal Year 2005-2006
RECOMMENDATION:
10.1 Award a construction contract for Project No. PW06-02 - Citywide Concrete Repairs
Fiscal Year 2005-2006 - to S. Parker Engineering, Inc. in the amount of $ 95,257.50
and authorize the Mayor to execute the contract;
R:\Minutes\032106
5
10.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $ 9,525.75, which is equal to 10% of the contract amount.
11 Comqletion and Acceptance of Construction Contract Pechanaa Parkwav Phase liB Storm
Drain Improvements - Wolf Vallev Creek Channel - Staae 2. Proiect No. PW99-11 CH
RECOMMENDATION:
11.1 Accept the Pechanga Parkway Phase liB Storm Drain Improvements Project - Wolf
Valley Creek Channel- Stage 2 - Project No. PW99-11 CH as complete;
11.2 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;
11.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
12 Completion and Acceptance of the Construction Contract for the Rancho California Road
Bridae Widenina over Murrieta Creek - Proiect No. PW99-18
RECOMMENDATION:
12.1 Accept the Rancho California Road Bridge Widening over Murrieta Creek Project -
Project No. PW99-18 - as complete;
12.2 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;
12.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
13 Completion and Acceptance of Construction Contract Traffic Sianallnstallation at Route 79
South and County Glen Wav - Proiect No. PW04-09
RECOMMENDATION:
13.1 Accept the Traffic Signal Installation Project at Route 79 South and Country Glen
Way - Project No. PW04-09 - as complete;
13.2 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;
13.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
R:\Minutes\032106
6
14 A~proval of the Plans and Specifications and Authorization to Solicit Construction Bids for
the Rancho California Road Median Modifications between Interstate 15 and Ynez Road-
Proiect No. PW05-04
RECOMMENDATION:
14.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Rancho California Road Median Modifications
between Interstate 15 and Ynez Road - Project No. PW05-04.
15 Acceptance of Quitclaim Deeds - Vail Ranch Parks and Open Space
RECOMMENDATION:
15.1 Accept the six Quitclaim Deeds for Vail Ranch Parks and Open Space and
authorize the City Clerk to record the documents.
MOTION: Mayor Pro Tem Washington moved to approve the Consent Calendar. Council
Member Comerchero seconded the motion and electronic vote reflected unanimous approval.
At 7:40 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 7:42 P.M., the City Council resumed with regular
business.
PUBLIC HEARING
20 Appeal of Plannina Commission Approval of Plannina Application Nos. PA04-0490 throuah
PA04-0492 for site development and construction of 428 residential units on 36.19 acres of
a 47.72 acre site located at the northeastern corner of Loma Linda Road and Temecula
Lane
RECOMMENDATION:
20.1 Adopt a resolution entitled:
RESOLUTION NO. 06-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DENYING THE APPEAL OF THE PLANNING COMMISSION APPROVAL OF
PLANNING APPLICATION NO. PA04-0490, VESTING TENTATIVE TRACT MAP;
PA04-0491, CONDITIONAL USE PERMIT; AND PA04-0492, DEVELOPMENT
PLAN (PRODUCT REVIEW) FOR THE DEVELOPMENT OF 96 SINGLE-FAMILY
UNITS, 96 TRI-PLEX UNITS, AND 236 FOUR-PLEX UNITS (428 TOTAL UNITS)
LOCATED AT THE NORTHEASTERN CORNER OF LOMA LINDA ROAD AND
TEMECULA LANE
City Attorney Thorson stated that due to a business relationship with D.R. Horton Continental
through Rancon, Council Member Comerchero would not be participating in tonight's public
hearing, (Item No. 20). It was also stated by City Attorney Thorson that due to her employer
having a business relationship with the owner of the proposed property, Council Member
Edwards would also not be participating in the public hearing.
R:\Minutes\032106
7
City Attorney Thorson relayed that although Council Member Naggar did not participate in the
public hearing of March 22, 2005, due to a working relationship with D.R. Horton, he has not
received any income from that assignment in the past 12 months; and that, therefore, under the
Political Reform Act, he would be entitled to participate in tonight's hearing.
On a procedural note, City Attorney Thorson advised that the Temecula Zoning Code would
limit the scope of tonight's appeal to only those matters raised in the appeal filed by Mr. Mark
Broderick; that a copy of his appeal has been included in the agenda packets; and that Mr.
Broderick's appeal would not be whether or not to construct the project but where to locate a
future roadway corridor connecting ultimately to Avenida De Missiones; whether Loma Linda
Road should be a four-way roadway from Pechanga Parkway to Redwood Road; whether the
future roadway should be a four-lane roadway from the intersection of Loma Linda Road and
Redwood Road to Temecula Creek; and that, therefore, these traffic issues would be the only
items concerning the project that the Council may consider during the appeal hearing.
Director of Planning Ubnoske presented the City Council with a staff report (of written material).
By way of overheads, Director of Public Works presented a report on the appeal (of written
material), describing the process of how average daily trips are estimated. Referencing traffic
impact fees, Mr. Hughes stated that the proposed project would be conditioned, as most
projects are, to complete its frontage improvements along the project area; that the first phase
would complete its improvements to Pechanga Parkway; that the applicant will be paying traffic
impact fees and traffic signal fees; that the applicant will be paying for other improvements in
the area that will help to mitigate its impacts; and that staff would be confident that the
developer will be mitigating all the impacts of the project. Mr. Hughes stated that the proposed
project will not exceed the Level of Service (LOS) D requirement of the City's General Plan. In
response to Council Member Naggar, Director of Public Works Hughes noted the following:
D That the roads for this project will be required to be built concurrently with the
development;
D That no construction schedule has been set for the future crossing of Temecula Creek
at Avenida De Missiones
D That the future construction of a crossing will be listed in the Capital Improvement
Project (CIP) as a future project
D That Redwood Road will be constructed with the Wolf Creek project; that the
improvements along the southern half of Loma Linda Road will be completed at this
point in time
D That the Pechanga Parkway widening construction will commence in the near future
D That trips related to Pechanga Casino will not be affecting Loma Linda Road
D That residents would likely travel the Via Del Coronado to Via Cordova route to avoid
Pechanga Parkway.
At this time, the public hearing was opened.
R:\Minutes\032106
8
A. Mr. Mark Broderick, Temecula, appellant for the proposed project, provided the City
Council with a report (of written material) regarding traffic safety issues, highlighting the
following concerns:
D That there would be a concern with the location of the future roadway corridor
connecting ultimately to Avenida De Missiones
D That whether or not Loma Linda Road should be a four-way roadway from Pechanga
Parkway to Redwood Road
D That that whether the future roadway should be a four-lane roadway from the
intersection of Loma Linda Road and Redwood Road to Temecula Creek.
B. Mr. Patrick Fay, Temecula, relayed his concern with the crossing of Loma Linda Road
and Via Del Coronado.
C. Concurring with Public Works Director Hughes, Mr. Larry Markham, representing D.R.
Horton Continental, noted the following:
D That the applicant has met with the Temecula Unified Valley School District and that
the District is aware of the need for the additional right-of-way which would eliminate
some of the landscaping at the corner of the school's parking-lot area
D That the School District would be opposed to a potential change to the circulation
element to Redwood Road as proposed in the appeal
D That the safety issues brought up by Mr. Broderick with regard to liquefaction were
adequately addressed in the California Environmental Quality Act (CEQA) document
through special studies that were approved by the Planning Department
D That the applicant would be bound to comply with the General Plan and that any
changes made by the applicant would result in the project being out of compliance
with the City's General Plan, which was adopted in 2005
D That the proposed project, as stated by the Director of Public Works, would decrease
the average daily trips to a lower level than what would have been anticipated in the
General Plan, pursuant to the Professional Office designation; and that the project
will meet and/or exceed the Level of Service criteria
D That the applicant would be of the opinion that all criteria have been met or
exceeded.
D That the applicant would respectfully request that the City Council denv the appeal
and uphold the Planning Commission's recommendation.
In response to Council Member Naggar's question, Mr. Markham stated that a traffic study was
performed, which indicated that the bridge would not be needed to meet the Level of Service at
any of the intersections within the parameters of the traffic study.
At this time, the public hearing was closed.
R:\Minutes\032106
9
Clarifying Council Member Naggar's query, Director of Public Works Hughes noted that at the
time the project was being conditioned, it was staff's opinion that the lowering of trip generation
and the contribution of dedications would be necessary for the 66-foot collector; that the
applicant would not be receiving credits and would be paying its full traffic impact fees; that the
completion of the bridge would be achieved through those fees; and that the applicant would be
making a cash contribution towards the eventual construction of the bridge; and that the
applicant has also been conditioned to ensure that the geometries could be made before the
right-of-way was established.
For the Council Members, Director of Public Works Hughes stated that the triggering
mechanism to build a bridge would be the future degration of Pechanga Parkway; and that staff
would be of the opinion that such a connection would not be anticipated for 10 years or more.
Mayor Pro Tem Washington expressed concern with the bridge project being put on hold for 10
years and would be of the opinion that a projected date for the bridge project should be
implemented.
Referencing Mayor Pro Tem Washington's concern, Director of Public Works Hughes noted that
if it were the desire of the City Council, more advanced, detailed studies could be completed
and the bridge project may be programmed earlier in the Capital Improvement Program (CIP).
Mr. Hughes also stated that there are numerous high-priority projects in the Capital
Improvement Program; that staff would be of the opinion that there would be adequate capacity
on Pechanga Parkway for at least 10 plus years; that having the project identified in the Capital
Improvement Program would be keeping the bridge project on the radar screen; that staff would
not wait until Pechanga Parkway were to fail before starting the process; and that traffic counts
and updates are completed yearly to ensure efficient functioning.
Mr. Hughes noted that the applicant's proposal would be in full compliance with the City's
General Plan.
Mayor Roberts queried if it were best to leave the bridge project in the CIP.
Mr. Mark Broderick informed the City Council that he had contacted the School District and was
informed that the District does not get involved in these matters and would not comment on the
location of the road; that he would be hopeful that the City Council would consider the link at Via
Del Coronado and the safety implications that it would have on the children in the area; and that
he appreciated the time and effort given by staff with regard to his concerns.
At this time, the public hearing was closed.
Having had the opportunity to participate on the Citizens Advisory Committee along with Mr.
Broderick, Mayor Pro Tem Washington expressed his appreciation to Mr. Broderick for his
efforts. Ensuring the public that his number one priority would be the safety of the community,
Mr. Washington advised that it would be his opinion that the project as proposed would be a
safe configuration for the area.
Echoing comments made by Mayor Pro Tem Washington, Council Member Naggar also relayed
his appreciation for Mr. Broderick's participation with the Citizen Advisory Committee. After
reviewing staff's report and its findings and understanding that the project will be in compliance
of the City's General Plan, Council Member Naggar relayed his support of the project and,
R:\Minutes\032106
10
therefore, expressed opposition to changing the configuration to the widening of the roads; and
relayed concern with the future construction of a bridge but noted his preference that adequate
funds be allocated for the future bridge project.
Commending Mr. Mark Broderick on his efforts with the Citizen Advisory Committee, Mayor
Roberts relayed his support of staff's findings but expressed concern with the future bridge
project.
Mayor Pro Tem Washington suggested that in the future, City Council and staff explore the
bridge issues in more detail and decide whether or not the construction of a bridge will be
needed, associated costs, existing contributions, and additionally needed funds.
Council Member Naggar questioned the nexus between the proposed project and the future
bridge project.
In response to Council Member Naggar's query, Director of Public Works Hughes noted that if it
had been zoned Office Professional (OP) or Commercial, there would have definitely been a
nexus that could have been assigned to the project which would have resulted in the project
participating with the bridge project; that as a result of the proposed project, 13,000 trips would
be removed off these roadways in the immediate area; that it would be difficult for staff to draw a
clear-cut nexus connection to the applicant building the bridge when traffic studies would
demonstrate that its improvements on Loma Linda Road would more than adequately address
it; impacts; and that the developer would also be paying the Development Impact Fees for
traffic.
Concurring with Public Works Director Public Works Director Hughes' comments, City Attorney
Thorson noted that with regard to the future bridge project, which would be a regional
improvement affecting many different areas, the Council may require the applicant to participate
up to fair share; and that with payment of the Development Impact Fees (DIF) and dedication of
the right-of-way leading up to the bridge, these items would be considered the applicant's fair
share for the proposed project.
In response to Council Member Naggar's question, Director of Public Works Hughes stated that
another project has been proposed immediately west of Temecula Lane, by the same
developer; that it would a similar use and would result in lowering projected future trips and that
traffic counts (as per staff report) would represent the proposed project as well as the upcoming
project.
Director of Public Works Hughes stated that staff does support the Conditions of Approval; that
the City Council may request that the frontage along the upcoming Temecula Lane project be
added; but that in this case, staff considered a relief due to the fact that the frontage along the
property would not lead anywhere.
Mayor Pro Tem Washington expressed concern with the applicant not contributing to the
frontage along the east side of the upcoming project.
Director of Public Works Hughes reiterated that staff would be satisfied with approving the
proposed project as written.
R:\Minutes\032106
11
In response to City Manager Nelson's query, Director of Public Works Hughes noted that the
Development Impact Fees collected for this project would almost entirely for the 66' right-of-
way.
For the City Council, City Manager Nelson noted the following:
D That in terms of timing for the bridge project, because configuration and design work
would not be known at this time, it would be preferable to collect the fees and defer any
actual improvements until such time
D That on an annual basis traffic counts would be administered to ensure that roadways
are performing at Level of Service
D That on an annual basis, the City Council would have the opportunity to look at the
Capital Improvement Projects, examine traffic counts, and at such time as needed, staff
would have the ability to begin the design work and establish and identify the resources
to construct a bridge.
MOTION: Mayor Roberts moved to uphold the approval and denv the appeal. Council Member
Naggar seconded the motion and electronic vote reflected approval with the exception of
Council Member Edwards and Council Member Comerchero who abstained.
COUNCIL BUSINESS
21 Plannina Commission Appointment
RECOMMENDATION:
21.1 Appoint an applicant to serve an un-expired term on the Planning Commission
through June 15, 2008.
MOTION: Council Member Naggar moved to appoint Carl Carrie to serve an un-expired term
on the Planning Commission through June 15, 2008. Mayor Pro Tem Washington seconded the
motion and electronic vote reflected unanimous approval.
CITY MANAGER'S REPORT
No additional comments.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that there were no actions to report from Closed Session.
30 Economic Development Department Monthlv Report
31 Plannina Department Monthlv Report
R:\Minutes\032106
12
32 Police Department Monthlv Report
33 Buildina and Safetv Department Monthlv Report
34 Public Works Department Monthlv Report
ADJOURNMENT
At 9:28 P.M., the City Council meeting was formally adjourned to Tuesday, March 28, 2006, at
5:30 P.M., for a Closed Session with the regular session commencing at 7:00 P.M., in the City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
R:\Minutes\032106
13
I~-- .
,
II
ITEM NO.3
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
pP<'"
/JIL
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
April 11 , 2006
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Senior Accountant
Reta Weston, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and
approval by the City Council on a routine basis at each City Council meeting. The attached claims
represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized
resources of the City and have been recorded in accordance with the City's policies and procedures.
Attachments: Resolution and List of Demands
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CALIFORNIA, 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 reviewed by the City Manager's Office, and that the same are
hereby allowed in the amount of $3,646,513.37.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 11'h day of April, 2006.
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC
Citry 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
Resolution No. 06-_ was duly and regularly adopted by the City Council of the City ofTemecula
at a meeting thereof, held on the 11th day of April 2006, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, MMC
City Clerk
'Y OF TEMECULA
ST OF DEMANDS
03/23/2006
03/30/2006
03/23/2006
TOTAL CHECK RUN:
TOTAL CHECK RUN:
TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 04/11/06 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
1001
140
1165
190
192
193
194
195
1196
210
280
300
310
320
330
340
I
1001
165
190
192
193
194
1196
280
300
320
330
340
GENERAL FUND
COMMUNITY DEV BLOCK GRANT
RDA LOW /MOD - 20% SET ASIDE
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL D
TCSD SERVICE LEVEL R
TCSD SERVICE LEVEL "L" LAKEPARKMAINT.
CAPITAL IMPROVEMENT PROJECTS F1JND
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
VEHICLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
GENERAL FUND
RDA LOW /MOD - 20% SET ASIDE
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL D
TCSD SERVICE LEVEL "L" LAKEPARKMAINT.
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
TOTAL BY FUND:
$
$
$
877,050.14
8,000.00
22,882.63
176,251.62
108.47
21,518.29
789.98
3,240.00
10,384.91
2,023,816.86
12,487.55
6,632.43
2,738.30
52,028.74
12,101.87
6,455.54
$
$
283,653.38
5,623.94
77 ,618.95
11136
5,12130
822.42
553.32
2,435.65
801.85
22,886.75
2,914.30
7,482.82
$
1,578,218.77
1,658,268.56
410,026.04
3,646,513.37
3,236,487.33
410,026.04
3,646,513.37
apChkLst Final Check List Page: 1
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
657 03/23/2006 000389 use M WEST (OBRA), OBRA - Project Retirement Payment 2,822.54 2,822.54
NATIONWIDE RETIREMENT
658 03/23/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 108,514.86 108,514.86
RETIREMENT)
659 03/23/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 18,876.02 18,876.02
SOLUTION
660 03/23/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 73.434.89 73.434.89
661 03/23/2006 000444 INSTATAX (EDD) State Disability Ins Payment 18,385.44 18,385.44
106294 03/23/2006 009129 117WEST EntertainmentBluegrass Festival 3/18-19 1,000.00 1,000.00
106295 03/23/2006 004594 2 HOT ACTIVEWEAR 2-motor breeches:Officer Pringle 372.82 372.82
106296 03/23/2006 008239 4 PAWS TRAINING TCSD instructor earnings 1,610.00 1,610.00
106297 03/23/2006 009799 ABSHIRE, BETH Refund: Picnic ShelterTemeku Hills Prk 48.00 48.00
106298 03/23/2006 004765 ACTIVE NETWORK INC, THE Refund:Nicole Murphy:Mommy & Baby 100.00
Refund:Lori Fuller:Bass Guitar 90.00
Refund:Susan Ardigo: Beginning Guitar 85.00
Refund:Georgann Rauch:Wstrn Dance 36.00
Refund:Laurie Goltara:Parent & Me 20.00
Refund:Motomi Elliot:Hawaiian Tahitian 10.00 341.00
106299 03/23/2006 004064 ADELPHIA 3/11-4/10 high speed internet svcs RR 46.95 46.95
106300 03/23/2006 000747 AMERICAN PLANNING Membership:Debbie Ubnoske:068647 280.00
ASSOCIATION
Planning publication:Zoning Practice 75.00 355.00
106301 03/23/2006 008279 AMERICOMP INFOSYSTEMS INC Computer licenses:Virus Protection 2,500.00
Computer Equip:2- Flat Monitors 651.73 3,151.73
106302 03/23/2006 002648 AUTO CLUB OF SOUTHERN Membership:S. Dom inick/J. Gum bert 132.00 132.00
CALIF
106303 03/23/2006 002648 AUTO CLUB OF SOUTHERN Membership: Eric Rodecker 52094984 46.00 46.00
CALIF
Page:1
apChkLst Final Check List Page: 2
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106304 03/23/2006 002541 BECKER CONSTRUCTION SRVS Remove silt:J. Warner Retention Pond 2,004.00 2,004.00
INC
106305 03/23/2006 004040 BIG FOOT GRAPHICS TCSO instructor earnings 385.00 385.00
106306 03/23/2006 009612 BJ'S RESTAURANTS, INC. Refund:Major mod. application fee 5,269.00 5,269.00
106307 03/23/2006 004380 BOY SCOUTS OF AMERICA Refund:Picnic Shelter:Harveston Prk 200.00 200.00
106308 03/23/2006 009437 BRENNER FIELDER & ASSOC, Harveston Lake: Aeration pump repairs 752.35 752.35
INC
106309 03/23/2006 000128 BROWN & BROWN OF CALIF INC Insurance policy:McLaughlin Bldg 148.00
Insurance policy:McLaughlin Bldg 37.00 185.00
106310 03/23/2006 008613 CALIF BANK & TRUST Barnhart-Rei Ret.Esrw2160075819 \Nt Crk 38,684.00 38,684.00
106311 03/23/2006 001054 CALIF BUILDING OFFICIALS Membership: A. Elmo 4/1/06-5/31/07 215.00 215.00
106312 03/23/2006 004248 CALIF DEPT OF JUSTICE- Fingerprinting 10 svcs:Police/HR 4,104.00 4,104.00
ACCTING
106313 03/23/2006 004971 CANON FINANCIAL SERVICES, Apr copiers lease:City facilities 1,908.32
INC
Apr copiers lease:T.Museum/Frnt Rec. 203.58
Apr copier lease: CRC/Aquatics 178.86
Apr copier lease:Fire Stn 12 69.96 2,360.72
106314 03/23/2006 008644 CANTRELL, ROGER, AlA, AICP Feb architect plan review consulting svc 1,126.00 1,126.00
106315 03/23/2006 000387 CAREER TRACK SEMINARS Regist:Managing Emotions:5/4:0H 99.00 99.00
106316 03/23/2006 005829 CHABAD OF TEMECULA VALLEY Refund: Security Oepst: Theater 100.00 100.00
106317 03/23/2006 009800 CHAO LEE, SHIO Refund:duplicate pymt on weed abatement 255.00 255.00
106318 03/23/2006 000137 CHEVRON USA INC City vehicles fuel:Police Oept 864.56
City vehicles fuel:CM/Police 343.64 1,208.20
106319 03/23/2006 000912 CITY CLERKS ASSN OF CALIF 4 City clerk assoc membership shirts 100.00 100.00
Page2
apChkLst Final Check List Page: 3
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106320 03/23/2006 009028 COMMUNICATIONS USA INC Postage chrg for warranty repairs 5.00 5.00
106321 03/23/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 150.00 150.00
106322 03/23/2006 000447 COMTRONIX OF HEMET Install speakers in bathroom: Fire Stn 1,277.79 1,277.79
106323 03123/2006 002631 COUNTS UNLIMITED INC Citywide trifc count data collection 2,700.00 2,700.00
106324 03/23/2006 006954 CRAFTSMEN PLUMBING & HVAC Plumbing repairs @ Sam Hicks Prk 95.00
Plumbing repairs @ CRC 95.00 190.00
106325 03/23/2006 009808 CURRAN, MARK W Ticket Sales:Shake Rattle & Roll 3/18 4,185.72 4,185.72
106326 03/23/2006 001009 D B X INC ReI Retention:79S Trif Signal 14,693.03 14,693.03
106327 03/23/2006 002990 DAVID TURCH & ASSOCIATES FeblMar Federal lobbyist svcs 6,700.00 6,700.00
106328 03/23/2006 003945 DIAMOND ENVIRONMENTAL Portable restroom rental @ Pable Atis 79.78 79.78
SRVCS
106329 03/23/2006 008230 DOUGLAS E BARNHART INC Feb 06 prgss:Wolf Crk sprts Cmplx 348.160.00 348.160.00
106330 03/23/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,627.74
INC
Fuel for City vehicles: PI/\! Mntc 1.463.54
Fuel for City vehicles: Bldg & Safety 431.31
Fuel for City vehicles: Planning/Police 388.87
Fuel for City vehicles: PI/\! Dept 355.94
Fuel for City vehicles: PI/\! Trifc 9714
Fuel for City vehicles: City Van 56.32
Fuel for City vehicles: CIP 54.68
Fuel for City vehicles: Code Enforcement 45.40 4,520.94
106331 03/23/2006 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal 100.21 100.21
106332 03/23/2006 000523 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 224.53 224.53
DIST
106333 03/23/2006 003223 EDAW INC Jan Biological svcs:Pala Rd Bridge prjt 325.06 325.06
Page:3
apChkLst Final Check List Page: 4
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106334 03/23/2006 009807 ELLIOTT, MOTOMI Refund: Hawaiian-Beginning Teen/Adult 15.00 15.00
106335 03/23/2006 001056 EXCEL LANDSCAPE Feb Idscp impr:Wood Crest/Meadowview 5,000.00
Feb Idscp impr:Various slope areas 1,970.48
Feb Idscp impr:Slope Area 899.92
Feb Idscp impr:Campos Verdes 490.00
Feb Idscp impr:MargaritalOvrlnd 389.40
Feb Idscp impr:Wood Crest 287.98 9,037.78
106336 03/23/2006 009798 FANENE-GASCON, DL YNN Refund: Security Depst: CRC 745.00 745.00
106337 03/23/2006 000478 FAST SIGNS 2 - CPRS poster board signs:TCSD 156.54 156.54
106338 03/23/2006 000165 FEDERALEXPRESSINC 2/22-24/06 Express mail services 177.56
2/15-21/06 Express mail services 129.80
3/1-6/06 Express mail services 110.62 417.98
106339 03/23/2006 004000 FENCING BY ACREY INC Res Imp Prgm: Baird, Larry & Sara 4,366.00 4,366.00
106340 03/23/2006 003347 FIRST BANKCARD CENTER
SISTER CITIES INTERNATIONAL ME Regist:Sister Cities Conf:7/13-15 600.00
AMERICAN AIRLINES ME Airfare:Sister Cities Conf:7/13-15 505.18
PAT & OSCARS RESTAURANT SJ Refrshmnts:Council Closed Session 15717
SAN DIEGO REGIONAL TRAIN SJ Regist:Proofreading Sem:1/17:NC 135.00
CTR
EUROPEAN DELI JM Refrshmnts:Budget Mtg 50.13
FILlPPIS PIZZA GROTTO SJ Refrshmnts:lnterview Panel 38.03
JM Bank Charges 35.00
RIVERSIDE CO CLERK & SJ Certified official record request fee 26.00
RECORDER
PENFOLD'S CAFE SN Refrshmnts:Business Mtg w/Sparkman 21.99
THE ATRIUM CAFE SN Refrshmnts:Business Mtg re:TUMF 11.85 1,580.35
106341 03/23/2006 002982 FRANCHISE TAX BOARD Support Pmt 153.83 153.83
106342 03/23/2006 000170 FRANKLIN QUEST COMPANY INC Day timer supplies - Planning 276.14 276.14
106343 03/23/2006 000795 FRED PRYOR SEMINARS- Regist:Multiple Priorities:4/26:CDNM 99.00
CAREERTRAC
Regist:Multiple Priorities:4/26:Schuma 99.00 198.00
Page:4
apChkLst Final Check List Page: 5
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106344 03/23/2006 000172 GASB 1 yr Doc/Report Subscription 160.00 160.00
106345 03/23/2006 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 2,047.91
Printer toner supplies:Citywide 316.08 2,363.99
106346 03/23/2006 009806 GIBSON, SUZANNE Refund: Mother/Son Date Night 20.00 20.00
106347 03/23/2006 007795 GONZALEZ, MARIA Refund: Kids Love Soccer 10.00 10.00
106348 03/23/2006 008647 GOODING, EDWIN EntertainmentBluegrass Festival 3/19-20 1,000.00 1,000.00
106349 03/23/2006 005898 GUNN, MARY Refund:Piano instantly;people wIno time 37.00 37.00
106350 03/23/2006 008081 HALL & FOREMAN INC Design SVcs:Pechange Prkwy Ph II 2,400.00 2,400.00
106351 03/23/2006 000186 HANKS HARDWARE INC Hardware supplies:Theater 1,414.69 1,414.69
106352 03/23/2006 002372 HARMON, JUDY TCSD instructor earnings 98.00 98.00
106353 03/23/2006 003299 HAYES, BARNEY EntertainmentBluegrass Festival 3/18 300.00 300.00
106354 03/23/2006 001135 HEAL THPOINTE MEDICAL Feb Pre-employment physicals 25.00 25.00
GROUP INC
106355 03/23/2006 001013 HINDERLITER DE LLAMAS & 3rd Qtr Sales Tax Consulting/Audit svcs 3,102.58 3,102.58
ASSOC
106356 03/23/2006 005748 HODSON, CHERYL A. Support Payment 24.55 24.55
106357 03/23/2006 003198 HOME DEPOT, THE Hardware supplies: City Parks 93.69 93.69
106358 03/23/2006 009810 HUNZEKER, MIKHAIL Reimb: Paint for Theater Shop area 54.56 54.56
106359 03/23/2006 000194 Ie M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 10,635.83 10,635.83
303355
106360 03/23/2006 004406 IGOE & COMPANY INC Mar 06 flex benefit plan pmt 308.25 308.25
PageS
apChkLst Final Check List Page: 6
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106361 03/23/2006 004833 IMPERIAL PAVING COMPANY INC Asphalt repairs: Del Rey 17,938.00
Asphalt repairs:E.Pauba Rd 13,855.00
Asphalt repairs:Callesito Vallarta 10,948.00
Asphalt repairs:SantiagolYnez 8,315.00
Asphalt repairs: Via Val Verde 5,837.00
Asphalt repairs: La Cadiena Court 4,746.00
Asphalt repairs:Via Canada 4,194.00
Asphalt repairs: Pasada @ Valle Olvera 4,072.00
Asphalt repairs: Calle Madero 3,904.00
Asphalt repairs: Via Norte 2,792.00 76,601.00
106362 03/23/2006 008939 INTELLIGENT TECHNOLlGIES & Computer supplies:A1C Belts 197.56 197.56
SRV
106363 03/23/2006 006924 INTL MUNICIPAL SIGNAL ASSOC. Manuals:Trffc SignalfTrffc Cntrl 229.00 229.00
106364 03/23/2006 001186 IRWIN, JOHN TCSD instructor earnings 2,541.00
TCSD instructor earnings 147.00 2,688.00
106365 03/23/2006 009393 J M DIAZ INC Feb trffc signal design:Pechanga Pkwy 9,018.20
Feb trffc signal design:R.Cal/l-15 6,986.10
Jan Trff Signal design:Pechanga Pkwy 4,536.14
Feb trffc signal design:Jffrsn/Sanbom 485.01
Feb trffc signal design:Jffrsn/Sanbom 117.09 21,142.54
106366 03/23/2006 004265 JEWELL FENCE COMPANY Res Imp Prgm: Vitanza, Thomas & Phyllis 4,314.50 4,314.50
106367 03/23/2006 004603 JOHNSON LIFT / HYSTER Theater Start-up equipment 1,01742 1,01742
106368 03/23/2006 009809 JOHNSON, MARK Fac Sign Prgm :T.House of Wine Prmt fee 135.00 135.00
106369 03/23/2006 005065 K ME FIRE APPARATUS Fire stn 73 medics vehicle repairs 504.34 504.34
106370 03/23/2006 002424 KELLEY DISPLAY INC Western Days banners care svcs:RDA 159.61 159.61
106371 03/23/2006 009336 KOPIE SHOP LLC Theater hard hat invitations 279.61 279.61
106372 03/23/2006 001719 L PAINe Feb 06 Library Donor Related Issues 2,337.50 2,337.50
106373 03/23/2006 007188 LAERDAL MEDICAL CORP AED training books & supplies:Fire 684.00 684.00
Page:6
apChkLst Final Check List Page: 7
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106374 03/23/2006 004905 LIEBERT, CASSIDY & WHITMORE Feb HR legal svcs for TE06G-#0001 260.00 260.00
106375 03/23/2006 005969 LYONS, TIMOTHY J. EntertainmentBluegrass Festival 3/18-19 150.00 150.00
106376 03/23/2006 003782 MAIN STREET SIGNS signs/hardware/supplies for PW Maint 4,401.86
signs/hardware/supplies for PW Maint 525.01 4,926.87
106377 03/23/2006 004141 MAINTEX INC custodial supplies: Park Sites 271.62 271.62
106378 03/23/2006 009812 MAISEY, JOHN reimb: Pool Operators Training 2127/06 82.56 82.56
106379 03/23/2006 001967 MANPOWER TEMPORARY temp help w/e 03/05 JD/JH/DH 3,452.88 3,452.88
SERVICES
106380 03/23/2006 001256 MARRIOTT HOTEL Htl:Tracon '06 Sem/#84693857 5/7-11/06 699.92 699.92
106381 03/23/2006 001905 MEYERS, DAVID WILLIAM TCSD Instructor Eamings 490.00 490.00
106382 03/23/2006 004894 MICHAEL BRANDMAN Jan eng svcs: Pechanga Pkwy Ph IIlmprov 4,054.82
ASSOCIATES
credit: billing error/lack of documentation -100.00 3,954.82
106383 03/23/2006 001384 MINUTEMAN PRESS business cards: J. McNabb 43.37 43.37
106384 03/23/2006 009802 MIRANDA, KACI refund: Creative Beginnings 87.00 87.00
106385 03/23/2006 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Eamings 308.70
A.
TCSD Instructor Eamings 274,40 583.10
106386 03/23/2006 005887 MOFFATT & NICHOL ENGINEERS Jan eng svcs: F V.Pkwy/I-15 Overcrossing 101,126.98 101,126.98
106387 03/23/2006 009803 NAEGELE, DOREE refund: photography-basics of digital 80.00 80.00
106388 03/23/2006 009793 NATIONAL BUSINESS security services: Bluegrass Festival 840.00 840.00
106389 03/23/2006 000727 NATIONAL FIRE PROTECTION NFCSS subscription: 2411797/S.Farris 727.32 727.32
ASSN
106390 03/23/2006 009813 NEWLAND COMMUNITIES, LLC reimbursement of legal fees 8,678.00 8,678.00
Page:?
apChkLst Final Check List Page: 8
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106391 03/23/2006 009337 NOLTE ASSOCIATES INC 1/20-2/16/06 dsgn svcs:bridge fencing 1,378.81 1,378.81
106392 03/23/2006 002139 NORTH COUNTY TIMES 1 year subscription: 165222/City Clerk 106.80
1 year subscription: 199638fTCSD 106.80 213.60
106393 03/23/2006 009707 OFFICE IMAGES FIT Program supplies: Thennometer 200.27 200.27
106394 03/23/2006 006721 OFFICEMAX - A BOISE COMPANY modifications for Planning work stations 1,345.36
modifications of Planning Dept work stns 982.22
modifications for Planning work stations 686.77
office supplies: Code Enforcement 49.48
office supplies: Finance 9.50
credit: item incorrect size/Planning -48.79
credit: item not installed -145.65
credit: duplicate billing/Planning -686.77 2,192.12
106395 03/23/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint SVcs 379.31
City Vehicle Repair/Maint SVcs 182.86
City Vehicle Repair/Maint SVcs 182.86
City Vehicle Repair/Maint SVcs 101.74
City Vehicle Repair/Maint SVcs 77.37
City Vehicle Repair/Maint SVcs 34.27 958.41
106396 03/23/2006 001171 ORIENTAL TRADING COMPANY TCC supplies: Carnival Fun Day 417.29
INC
recreation supplies: Tiny Tots Program 89.65
TCC supplies: Carnival Fun Day 19.95 526.89
106397 03/23/2006 002297 OVERLAND PACIFIC & CUTLER Feb consulting: Civic Center Relocation 2,032.50 2,032.50
INC
106398 03/23/2006 002256 P & D CONSULTANTS INC Feb temp inspection svcs: Henderson 10,015.92 10,015.92
106399 03/23/2006 008471 PARSONS BRINCKERHOFF 1/10/05-9/30/05 svc:Ynez Rd bridge widen 36,357.89 36,357.89
106400 03/23/2006 003218 PELA Feb plan check svcs: Planning 14,818.00
Feb plan check svcs: TCSD 7,000.00
Feb inspection svcs: P.B. Sports 1,980.00
Feb pin ck/inspection:Pech.Pkwy 810.00
Ocl/Nov/Feb svcs: Tem. Library 517.50
credit: billing error/#26-22 TCSD -250.00 24,875.50
106401 03/23/2006 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55
PROGRAM
106402 03/23/2006 000249 PETTY CASH Petty Cash Reimbursement 251.92 251.92
Page:8
apChkLst Final Check List Page: 9
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106403 03/23/2006 007484 PHILIPS MEDICAL SYSTEMS INC CPR/AED pad prgm: Fire Prey 379.39 379.39
106404 03/23/2006 009739 PIERCE, JULIE refund: Hawaiian Tahitian Beginning 55.00 55.00
106405 03/23/2006 001999 PITNEY BOWES postage meter software update:xx2739 257.53
postage meter software update:xx0585 257.53 515.06
106406 03/23/2006 005075 PRUDENTIAL OVERALL SUPPLY Feb unifonn/f1r mtltwl rentals:City 1,142.81
credit: items billed not per contract -48.01 1,094.80
106407 03/23/2006 008651 R M F CONTRACTING INC release retention:VRMS b-balllighting 11,294.50 11,294.50
106408 03/23/2006 007403 RAGAN COMMUNICATIONS, INC. Mar '06-May '07 Bits & Pieces subscr" 51.14 51 14
106409 03/23/2006 008085 RAUCH, GEORGANN refund: Country Western Dance-Texas 2 31.00 31.00
106410 03/23/2006 004483 RECREONICS INC Aquatics Program supplies 1,183.56 1,183.56
106411 03/23/2006 002110 RENTAL SERVICE rental equipment for P\N Maint Div 56.25 56.25
CORPORATION
106412 03/23/2006 007402 RICHARD BRADY & ASSOCIATES 1/1/06-2125/06 svcs: Maint Fac Expan 21,072.40 21,072.40
106413 03/23/2006 006483 RICHARDS, TYREOSHA I. TCSD Instructor Eamings 126.00
TCSD Instructor Eamings 122.50 248.50
106414 03/23/2006 000353 RIVERSIDE CO AUDITOR Feb '06 parking citation assessments 1,972.25 1,972.25
106415 03/23/2006 000418 RIVERSIDE CO CLERK & RDA Facade Prgm: BaronfThesing/Berger 84.00 84.00
RECORDER
106416 03/23/2006 000418 RIVERSIDE CO CLERK & RDA Facade Prgm: Licata 30.00 30.00
RECORDER
106417 03/23/2006 000411 RIVERSIDE CO FLOOD CONTROL map copies: French Vly Pkwy/I-15 5.00 5.00
106418 03/23/2006 007041 RIVERSIDE SHERIFF'S ASSN. Refreshments:Public Safety Expo 11/5/05 387.50 387.50
106419 03/23/2006 008237 RIZZUTO, BONNIE J Refund: Excursions-Getty Museum 30.00 30.00
Page:9
apChkLst Final Check List Page: 10
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106420 03/23/2006 007830 ROAD BUILDERS INC release retention: Wolf Vly Crk Chnl 255,785.47 255,785.47
106421 03/23/2006 000271 ROBERT BEIN VVM FROST & Jan prof svcs: 1-15/Hwy 79S Ult. Intrchng 22,890.57 22,890.57
ASSOC
106422 03/23/2006 000873 ROBERTS, RONALD H. reimb: N.L.C. Conf3/11-15/06 107.56 107.56
106423 03/23/2006 000277 S & S ARTS & CRAFTS INC recreation supplies: Tiny Tots Program 41.99 41.99
106424 03/23/2006 004598 S T KARCHITECTURE INC Feb dsgn svcs: Roripaugh Fire Stn 2,359.50 2,359.50
106425 03/23/2006 008693 SALAZAR, DONALD (SVVD 000053) Support Payment 283.50 283.50
106426 03/23/2006 008515 SAM DE FAZIO'S GOODTIME entertainment:MPSC Swing Sensation 3/24 400.00 400.00
BAND
106427 03/23/2006 005227 SAN DIEGO COUNTY OF Support Payment 25.00 25.00
106428 03/23/2006 001500 SAN DIEGO REGIONAL TRAIN Supervisor's Acad:RT/ERlSR/KN/GF/MD 1,800.00 1,800.00
CTR
106429 03/23/2006 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50
106430 03/23/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 150.00 150.00
106431 03/23/2006 004609 SHREDFORCE INC Mar doc shredding svcs: Rcrds Mgmt 110.00
Mar doc shredding svcs:Police Storefront 32.50 142.50
106432 03/23/2006 004460 SILVERADO BLUEGRASS BAND entertainment: Bluegrass Festival 2,000.00 2,000.00
106433 03/23/2006 000751 SKILLPATH INC conflict mgmt skillslK.LeComte 5/24/06 99.00 99.00
106434 03/23/2006 000645 SMART & FINAL INC TCC supplies: Carnival Fun Day 329.22
recreation supplies: Senior Dances 228.16
supplies: 2006 Volunteer Recogn Event 111.53
recreation supplies: High Hopes Prgm 96.00 764.91
106435 03/23/2006 000537 SO CALIF EDISON Feb 2-00-397-5059 various mtrs 11,121.02
Mar 2-26-887-0789 Harveston 1,561.36
Mar 2-25-393-4681 T.E.S. Pool 891.58
Mar 2-10-331-1353 Fire Stn 84 794.80 14,368.76
Page:10
apChkLst Final Check List Page: 11
03/23/2006 11:51:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106436 03/23/2006 001212 SO CALIF GAS COMPANY Feb 021-725-0775-4 MPSC 276.91 276.91
106437 03/23/2006 000519 SOUTH COUNTY PEST CONTROL pest control services: Code Enforcement 84.00 84.00
INC
106438 03/23/2006 009805 STANDARD PACIFIC OF INLAND refund: penniVTR3-026-4-7 422.00 422.00
106439 03/23/2006 009811 SUNNY HILLS TOWING LOWBED vehicle towing services: Tem. Police 45.00 45.00
SRVC
106440 03/23/2006 003449 THE SOILS COMPANY INC appraisal services: 41950 Main Street 1,650.00 1,650.00
106441 03/23/2006 000305 TARGET BANK BUS CARD SRVCS recreation supplies: C. Museum 64.05
recreation supplies: Tiny Tots Program 30.41
special event supplies: TCSD 21.77 116.23
106442 03/23/2006 004788 TEMECULA ROOFING Res Imprv Prgm: Garcia, Christina 1,266.00 1,266.00
106443 03/23/2006 000307 TEMECULA TROPHY COMPANY plaques: Holiday Light Parade '05 883.39
recogn awrds: Meyler/DomenoelMcBride 226.08
game ball awards:DC/DAIRG/LS 79.74
nameplatelnam etag:W.StrawnfT.Arbogast 17.51 1,206.72
106444 03/23/2006 005970 TEMECULA VALLEY PLAYERS Light Up the Sky theater settlement 3.439.95 3.439.95
106445 03/23/2006 007636 THERMO ELECTRON CORP thermo electron gas test cylinder. stn 255.37 255.37
106446 03/23/2006 007433 TOVEY SHULTZ CONSTRUCTION Feb prgs pmt #12: Roripaugh Fire Stn 124,332.17 124,332.17
INC
106447 03/23/2006 009814 TRAFFIC CONTROL TraCon 2006 Conf: J. Bearshear 5/9-11/06 680.00 680.00
SUPERVISORS
106448 03/23/2006 009724 TRI COUNTY PUMP COMPANY labor to repair pool pump @ CRC 3,680.00
Pool pump repairs @ CRC 1,680.82 5,360.82
106449 03/23/2006 004895 TUMBLES, JW TCSD Instructor Eamings 82.60
TCSD Instructor Eamings 69.30 151.90
106450 03/23/2006 007118 US TELPACIFIC CORPORATION Mar Internet IP Addresses Block 932.71 932.71
106451 03/23/2006 008517 UNITED SITE SERVICES OF
CA,INC
3/2-29/06 fence rental: Main St Bridge
26.40
26.40
Page:11
apChkLst Final Check List Page: 12
03/23/2006 11:51:05AM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106452 03/23/2006 000325 UNITED WAY United Way Charities Payment 222.15 222.15
106453 03/23/2006 009797 VAINER, RENATA TCSO Instructor Eamings 338.10
TCSO Instructor Eamings 96.60 434.70
106454 03/23/2006 006807 VANIR CONSTRUCTION Jan mgmt svcs: Roripaugh Fire Stn 03-01 18,649.17 18,649.17
106455 03/23/2006 003665 VARTEC SOLUTIONS INC Feb long distance phone svcs 3.53 3.53
106456 03/23/2006 004261 VERIZON Mar various phone lines: general usage 5,323.26 5,323.26
106457 03/23/2006 004789 VERIZON ONLINE Internet svcs: Tem. PO OSL 42.70 42.70
106458 03/23/2006 004848 VERIZON SELECT SERVICES INC Mar long distance phone svcs 737.00 737.00
106459 03/23/2006 009101 VISION ONE INC Feb Showare ticket sales:Comm. Theater 631.40 63140
106460 03/23/2006 001342 WAXIE SANITARY SUPPLY INC custodial supplies: MPSC/CRCfTCC 458.70
custodial supplies: City Hall 354.82
custodial supplies: City Hall 288.77 1,102.29
106461 03/23/2006 009378 WESTERN RIM CONTRACTORS Feb prgs pmt #5: Maint Fac Expan pw0306 44,091.54 44,091.54
INC
106462 03/23/2006 009804 WilLIAMS, BRANDON refund: CPR 35.00 35.00
106463 03/23/2006 003776 ZOll MEDICAL CORPORATION prev maint for City owned AEO's 2,450.00 2,450.00
Grand total for UNION BANK OF CALIFORNIA: 1,578,218.77
Page:12
apChkLst Final Check List Page: 1
03/30/2006 12:04:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
106464 03/30/2006 009604 12MILESOUT.COM Council Video Web Hosting Svcs 2,000.00 2,000.00
106465 03/30/2006 002539 3CMA-CITY COMMUNICATION & Membership:Gloria Wolnick T-CA-2006 350.00 350.00
MGMT
106466 03/30/2006 001523 A M BEST COMPANY, INC. Subscription renewal:Finance 143.95 143.95
106467 03/30/2006 004765 ACTIVE NETWORK INC, THE Refund: Motomi Elliott:Kids Lv Soccer 50.00 50.00
106468 03/30/2006 004064 ADELPHIA 3/22-4/21 high speed internet svcs MN 46.95 46.95
106469 03/30/2006 005735 AEROSURF INC Internet activation/lnstallation:stn 12 745.60 745.60
106470 03/30/2006 009767 AL TA LOMA CHARTER INC 3/18 Excursion Bus:Getty Museum 747.98 747.98
106471 03/30/2006 004240 AMERICAN FORENSIC NURSES FeblMar DUI Drug & Alcohol Screening 147.80
Feb DUI Drug & Alcohol Screening 97.50 245.30
106472 03/30/2006 008595 AMERICAN INTL GROUP INC Mar 06 workers' camp premium 42,431.00 42,431.00
106473 03/30/2006 000747 AMERICAN PLANNING Membership: Stuart Fisk 127716 303.00
ASSOCIATION
Membership: Matt Peters 113479 277.00
Membership: Don Hazen 092146 255.00 835.00
106474 03/30/2006 008279 AMERICOMP INFOSYSTEMS INC Cisco Firewall Sys:Police Storefront 850.15
Computer supplies:ATX pwr-supply 107.75 957.90
106475 03/30/2006 000101 APPLE ONE INC Temp help PPE 3/4 Kasparian 655.20
Temp help PPE 3/11 Kasparian 597.87
Temp help PPE 3/11 Shelton 546.00
Temp help PPE 3/4 Shelton 348.08 2,14715
106476 03/30/2006 001561 ARCH WIRELESS 03/20-6/19/06 paging/rental svcs 251.26 251.26
106477 03/30/2006 009828 BAHR, LISA Reimb:CFPI Wrkshp:3/12-14:San Ramon 60.73 60.73
106478 03/30/2006 006364 BARNES AND NOBLE STORE Manuals for paramedics library 488.81 488.81
106479 03/30/2006 002377 BEST BUY COMPANY INC EE computer purchase prgm:Z.Smith 1,823.21 1,823.21
Page:1
apChkLst Final Check List Page: 2
03/30/2006 12:04:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106480 03/30/2006 004262 BIO-TOX LABORATORIES Jan/Feb/Mar DUI Drug & Alcohol Screening 525.86 525.86
106481 03/30/2006 009821 BIRDEN FLlGHT- DE LA VEGA, Refund:Sketching\Painting in the Vineyrd 17.80 17.80
SUZANNE
106482 03/30/2006 005665 BLACK'S TOWING traffic collision tow svcs:Police Dept 240.00 240.00
106483 03/30/2006 009823 BRENNER, DORIS Refund: Security Depst: CRC 150.00 150.00
106484 03/30/2006 000128 BROWN & BROWN OF CALIF INC Insurance bond renewal:S. Jones 350.00 350.00
106485 03/30/2006 008780 BYROM-DAVEY INC Rei Retention:Sprts Cmplx Synthetic Turf 116,352.26 116,352.26
106486 03/30/2006 009067 CALIF BANK & TRUST Rei Retention Esrw Edge Devel:T.Library 75,693.33 75,693.33
106487 03/30/2006 001089 CALIF DEBT & INVESTMENT Regist:Debt Admin Sem:5/19:VonRichter 125.00 125.00
106488 03/30/2006 005660 CALIF EMS AUTHORITY License renewal:Bret Rijke P09938 130.00 130.00
106489 03/30/2006 002534 CATERERS CAFE Refreshments:City Mgrs Business Mtg 76.01 76.01
106490 03/30/2006 009539 CHARLES ABBOTT ASSOCIATES Fire prevention plan check review svcs 1,036.75 1,036.75
106491 03/30/2006 004210 CIRCUIT CITY 42" Widescreen Plasma:Police Storefront 2,369.42
Theater stage electronic equip 1,844.39 4,213.81
106492 03/30/2006 000912 CITY CLERKS ASSN OF CALIF Regist:Ann'l Business Mtg:5/15:Jones 70.00 70.00
106493 03/30/2006 009791 CLARK, MISTY Reimb: Live scan fee -Code Enforce 61.00 61.00
106494 03/30/2006 006118 COAST HOTELS & CASINOS INC htl:Fire-Rescue Med Conf:4123-26 516.66 516.66
106495 03/30/2006 001193 COMP USA INC
Computer supplies:1GB/Mouse/USB cbl
computer supplies:USB cable/Router
160.49
129.26
289.75
106496 03/30/2006 009735 CONSTRUCTION PROTECTIVE
SERVIC
Feb Security svcs:Wolf Crk Sprts Cmplx
1.496.00
1.496.00
Page2
apChkLst Final Check List Page: 3
03/30/2006 12:04:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106497 03/30/2006 002631 COUNTS UNLIMITED INC Citywide Trffc Count Data Collection Svc 1,650.00 1,650.00
106498 03/30/2006 009545 DC HUBBS CONSTRUCTION CO#2- Rnbw Cnyn Guardrail project 7,500.00 7,500.00
106499 03/30/2006 009831 DR HORTON AMERICA'S Refund:Overcharged Fire Fees 1,886.00 1,886.00
BUILDER
106500 03/30/2006 001393 DATA TICKET INC parking citation processing svcs 779.52 779.52
106501 03/30/2006 003945 DIAMOND ENVIRONMENTAL Portable restrooms:Bluegrass Festival 582.76 582.76
SRVCS
106502 03/30/2006 000684 DIEHL EVANS & COMPANY LLP TV Int'I Film & Music financial audit 5,000.00
FY 04/05 Federal grant single-audit 3,400.00 8,400.00
106503 03/30/2006 009833 DISNEYLAND RESORTS-LOCAL 4/15 High Hopes Excusion 1,470.00 1,470.00
CORP
106504 03/30/2006 005880 EDGE DEVELOPMENT INC. Feb 06 Prgss Pmt:Public Library 681,239.54 681,239.54
106505 03/30/2006 008704 EDVVARDS,MARYANN Reimb:NLC-Congressional Cf:3/10-15 140.69 140.69
106506 03/30/2006 009768 ELLIS MANUFACTURING Jacks/Clamps equip:Fire Truck 73 562.33 562.33
COMPANY
106507 03/30/2006 009286 ENTERPRISE GROUP White copy paper for City Facilities 4,945.73 4,945.73
106508 03/30/2006 001056 EXCEL LANDSCAPE Feb Idscp impr: Reagan Sprts Prk 587.00
Feb Idscp impr:Old Town 274.53 861.53
106509 03/30/2006 000478 FAST SIGNS T Museum exhibit signs 40.30 40.30
106510 03/30/2006 000165 FEDERALEXPRESSINC 3/8-14 Express mail services 256.88 256.88
106511 03/30/2006 000166 FIRST AMERICAN TITLE Lot Book Report: Anderson 75.00
COMPANY
Lot Book Report: Radabaugh 75.00 150.00
106512 03/30/2006 003347 FIRST BANKCARD CENTER
002377 BEST BUY COMPANY INC TT Nikon -SLR Digital Camera 7442831 921.25
009485 GROUP MOBILE INT'L LLC TT Computer supplies:Auto Adapter 198.00
009726 TRI-M SYSTEMS TT Smart SkyMaster GPS equip. 179.00 1,298.25
Page:3
apChkLst Final Check List Page: 4
03/30/2006 12:04:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106513 03/30/2006 008416 FRONTBRIDGE TECHNOLOGIES Mar Citywide E-mail Spam Filtering 287.50 287.50
INC
106514 03/30/2006 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 1,286.01 1,286.01
106515 03/30/2006 009830 GERMANN III, WILLIS M. Refund: Security Depst:CRC 400.00 400.00
106516 03/30/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prev 60.15 60.15
106517 03/30/2006 003792 GRAINGER Theater stage tools & safety equip 1,470.31
Theater stage tools & safety equip 1,072.54
Theater stage tools & safety equip 268.14
Theater stage tools & safety equip 41.12 2,852.11
106518 03/30/2006 005363 GRAPELlNE, THE theater patrons shuttle svcs .3/10 517.50 517.50
106519 03/30/2006 009713 H 0 N COMPANY, THE Furniture for Police Mall storefront 15,115.89 15,115.89
106520 03/30/2006 008081 HALL & FOREMAN INC Survey Murrieta Crk low flow crossing 555.00 555.00
106521 03/30/2006 009827 HAWK, TIMOTHY JOE Shed Replacement settlement:PWOo-09 500.00 500.00
106522 03/30/2006 001135 HEAL THPOINTE MEDICAL Feb 06 Pre-employment physicals 305.00
GROUP INC
Feb 06 Pre-employment physicals 70.00 375.00
106523 03/30/2006 004811 HEWLETT PACKARD Hp 4500 Scanner Designjet:lnf Sys 18,178.50
Ultra Slim Hp Dsktp:Police StoreFront 12,916.88 31,095.38
106524 03/30/2006 003198 HOME DEPOT, THE Code Enforcement vehicle tool box 268.30
Hardware supplies: TCSD 25.83 294.13
106525 03/30/2006 006052 HORTON, MIKE Reimb:CFPI Wrkshp:3/12-14:San Ramon 69.82 69.82
106526 03/30/2006 009772 IMPERIAL PRODUCTS Toilet seat replacement Paloma Del Sol 259.94 259.94
106527 03/30/2006 001123 INDUSTRIAL DISTRIBUTION PW mntc crew tools and supplies 269.51 269.51
GROUP
106528 03/30/2006 006113 INTL ASSN OF FIRE CHIEFS- IAFC Regist:Fire-Rescue Med Cf:4/24-26:LV 395.00
Regist:Fire-Rescue Med Cf:4/24-26:LV 395.00
Regist:Fire-Rescue Med Cf:4/24-26:LV 395.00 1,185.00
Page:4
apChkLst Final Check List Page: 5
03/30/2006 12:04:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106529 03/30/2006 009824 ISBN U.S. AGENCY Publisher registlprocess fees:T.Museum 244.95 244.95
106530 03/30/2006 007241 JAEGER CORPORATION Res Imp Prgm: Matuzak, Jeffrey 2,951.00 2,951.00
106531 03/30/2006 003046 K FRO G 95.1 FM RADIO Bluegrass Festival radio broadcasting 828.00
Bluegrass Festival web broadcasting 172.00 1,000.00
106532 03/30/2006 002424 KELLEY DISPLAY INC Balloon & Wine banners care svcs:Eco 1,330.73 1,330.73
106533 03/30/2006 009822 KIM, HAEJIN ELAINE Refund: Tennis-Beginning Jr 45.83 45.83
106534 03/30/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 3/12 Wedeking 580.00 580.00
106535 03/30/2006 003631 KLEIN FELDER INC Jan Geotechnical svcs: Field Oper Ctr 3,453.50 3,453.50
106536 03/30/2006 007321 KOPP, JON R. (RANDY) Old Twn PA system equip:Rod Run 600.00 600.00
106537 03/30/2006 009780 L R KWEST INC Refreshments for Executive Retreat 788.99
Refreshments for Executive Retreat 609.26
Refreshments for Executive Retreat 474.79 1,873.04
106538 03/30/2006 004412 LEANDER, KERRY D. TCSD instructor earnings 208.25
TCSD instructor earnings 207.96
TCSD instructor earnings 199.50
TCSD instructor earnings 157.50 773.21
106539 03/30/2006 000482 LEIGHTON CONSULTING INC Nov-Jan Geotechnical SVcs:Public Library 15,777.50 15,777.50
106540 03/30/2006 009829 LESHOCK, GINNY Refund: Security Depst: CRC 158.00 158.00
106541 03/30/2006 008383 L1M & NASCIMENTO Feb eng. dsgn:Margarita undercrossing 4,595.59 4,595.59
ENGINEERING
106542 03/30/2006 005963 LORMAN EDUCATION SERVICES Regist:Bldg Codes Sem:Horton:2/15 319.00 319.00
106543 03/30/2006 008610 MeR STAMPS entertainment: High Hopes Prgm 3/17 25.00 25.00
106544 03/30/2006 002784 MAILBOX, THE 1 yr subscription: Tiny Tots Prgm 29.95 29.95
PageS
apChklst Final Check List Page: 6
03/30/2006 12:04:14PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106545 03/30/2006 003782 MAIN STREET SIGNS "No Trespassing" signs: TCSD Maint 232.74
hardware for signs: P\N Maint 140.08 372.82
106546 03/30/2006 001967 MANPOWER TEMPORARY temp help w/e 03/19 JD/JH/DH 3,477.04
SERVICES
temp help w/e 03/12 JD/JH/DH 2,453.29 5,930.33
106547 03/30/2006 004307 MARINE BIOCHEMISTS Mar maintHarveston lake/Duck Pond 4,855.00 4,855.00
106548 03/30/2006 006571 MELODY'S AD WORKS reimb expenses: Bluegrass Festival 382.68 382.68
106549 03/30/2006 001905 MEYERS, DAVID WilLIAM TCSD Instructor Eamings 490.00
TCSD Instructor Eamings 262.50 752.50
106550 03/30/2006 004894 MICHAEL BRANDMAN 1/28/06-2/24/06 Eng SVcs:Pech.Pkwy 2,567.36 2,567.36
ASSOCIATES
106551 03/30/2006 007210 MIDORI GARDENS Feb Idscp maint svcs: Neighborhood Parks 49,931.61
Irrigation repairs: Redhawk Park 2/15/06 299.53
Irrigation repairs: Riverton Park 117.84 50,348.98
106552 03/30/2006 004208 MILANOS refreshments: Council mtg 3/21/06 179.00 179.00
106553 03/30/2006 008091 MlllMORE'S WAX CREW City vehicle detailings services: P\N 100.00
City vehicle detailings services: P\N 75.00 175.00
106554 03/30/2006 001384 MINUTEMAN PRESS qty 1500 correction notices: B&S Dept 375.80
Oty 4000 Envelopes: Police 273.93
Oty 4000 letterhead: Police 239.18
qty 2000 letterhead: RDAllow-Mod 175.60
business cards: T Harris 43.37
business cards: W. strawn 43.37 1,151.25
106555 03/30/2006 000883 MONTELEONE EXCAVATING grading of dirt roads: SVc level "R" 3/7 1 ,620.00
Grading Of Dirt Roads: SVc level "R"3/16 1 ,620.00 3,240.00
106556 03/30/2006 007096 MUSICIANS WORKSHOP Perionnance Showcase 3/14: Comm. Thtr 524.74 524.74
106557 03/30/2006 008528 NICHOLS, MElBURG & ROSETTO Feb Consulting: Civic Center Complex 15,190.00 15,190.00
106558 03/30/2006 006140 NORTH JEFFERSON BUSINESS Apr-Jun bus.prk assn dues:F V.l115 xx20 447.00 447.00
106559 03/30/2006 003964 OFFICE DEPOT BUSINESS SVS office supplies: Planning Dept 6.39 6.39
DIV
Page:6
apChkLst Final Check List Page: 7
03/30/2006 12:04:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106560 03/30/2006 006721 OFFICEMAX - A BOISE COMPANY office supplies: Finance 764.39
work station furniture: Planning 475.59
credit: dupl billing/items to be@ "N/C" -475.59 764.39
106561 03/30/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint SVcs 414.04
City Vehicle Repair/Maint SVcs 188.25
City Vehicle Repair/Maint SVcs 175.12
City Vehicle Repair/Maint SVcs 34.27
City Vehicle Repair/Maint SVcs 34.27 845.95
106562 03/30/2006 001619 ORANGE COUNTY REGISTER INC Mar recruitment ads:TCSD/Planning 648.00 648.00
106563 03/30/2006 006939 PAINT CONNECTION, THE Res Imp Prog: Kudalis, Stephen 2,395.00 2,395.00
106564 03/30/2006 008471 PARSONS BRINCKERHOFF Oct-Dec svcs:Ynez Rd bridge widening 5,011.70 5,011.70
106565 03/30/2006 004074 PARTY CITY OF TEMECULA INC '06 Spring Egg Hunt supplies 55.94 55.94
106566 03/30/2006 002498 PETRA GEOTECHNICAL INC Dec Geotechnical Svcs:P.B.Sports Complex 2,726.38
Jan Geotechnical SVcs:P.B. Sports Complx 1,047.50 3,773.88
106567 03/30/2006 000249 PETTY CASH Petty Cash Reimbursement 628.53 628.53
106568 03/30/2006 006653 PLA YPOWER L T FARMINGTON Kid Builder slide: Temeku Hills Park 1,543.65 1,543.65
106569 03/30/2006 000253 POSTMASTER Express Mail & Postal Svcs 83.05
credit: duplicate billing -25.50 57.55
106570 03/30/2006 009832 POTTER, SUMMER refund: Photo Class 300.00 300.00
106571 03/30/2006 003493 PRO-CRAFT Res Imp Prog: Elder, Clarence & Doris 2,718.00 2,718.00
106572 03/30/2006 003697 PROJECT DESIGN 12/5/05-1/8106 Prof Svcs:Murr.Crk/Ovrlnd 3,330.20 3,330.20
CONSULTANTS
106573 03/30/2006 001364 R C P BLOCK & BRICK INC graffiti removal supplies: PW 303.86 303.86
106574 03/30/2006 004029 R J M DESIGN GROUP INC Jan Dsgn SVcs: P.B. Sports Complex 4,272.84 4,272.84
106575 03/30/2006 009748 R K R MEDIA ASSOCIATES INC shirts for Process ImprvTeam:Econ Dev 822.42 822.42
Page:?
apChkLst Final Check List Page: 8
03/30/2006 12:04:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106576 03/30/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 7,710.71
Mar 01-08-92010-0 P.B. Sports Cornplex 1,028.23
Mar 01-04-47210-0 TES Pool 261.29
Mar water rneters: Fire Stn 84 195.28
Mar 01-04-10033-2 Margarita Rd 96.47 9,291.98
106577 03/30/2006 004498 REPUBLIC ELECTRIC furnish/deliver 100 cabinet filters: PW 350.00 350.00
106578 03/30/2006 009052 RICHICHI, JENNIFER Refund: Picnic Shelter/Meadows Park 43.00 43.00
106579 03/30/2006 000418 RIVERSIDE CO CLERK & Res IrnpIY Prgrn: Whiting/RDA 11.00 11.00
RECORDER
106580 03/30/2006 001592 RIVERSIDE CO INFO Feb radio rental & rnaint: Police 684.00 684.00
TECHNOLOGY
106581 03/30/2006 000406 RIVERSIDE CO SHERIFFS DEPT FY 05/06 Police Facility Expenses 213,857.69
February 2006 Booking Fees 10,267.20 224,124.89
106582 03/30/2006 000406 RIVERSIDE CO SHERIFFS DEPT FY 05/06 Police Records Mgrnt Sys Usage 123,514.00 123,514.00
106583 03/30/2006 003587 RIZZO CONSTRUCTION INC electr installation:Old Twn WIFI p~t 1,340.00 1,340.00
106584 03/30/2006 008962 ROAROCKIT SKATEBOARD 12 skateboard street deckllong board 2,298.96 2,298.96
COMPANY
106585 03/30/2006 000815 ROWLEY, CATHY TCSD Instructor Earnings 392.00
TCSD Instructor Earnings 378.00
TCSD Instructor Earnings 315.00
TCSD Instructor Earnings 315.00
TCSD Instructor Earnings 189.00
TCSD Instructor Earnings 189.00
TCSD Instructor Earnings 56.00 1,834.00
106586 03/30/2006 007113 RYLE, SHEILA H. TCSD Instructor Earnings 932.40
TCSD Instructor Earnings 436.80
TCSD Instructor Earnings 109.20 1,478.40
106587 03/30/2006 001942 S C SIGNS Nov new public hearing signs: Planning 5,390.00
Oct new public hearing signs: C.C.lPln 3,850.00 9,240.00
106588 03/30/2006 004598 S T KARCHITECTURE INC Feb Dsgn: Wolf Creek Fire Stn 5,582.50 5,582.50
Page:8
apChklst Final Check List Page: 9
03/30/2006 12:04:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106589 03/30/2006 009196 SACRAMENTO THEATRICAL Lighting Color Control Units:Theater 3,964.87
LIGHTING
Stage Lighting: Community Theater 3,905.88
Theatrical Lighting Equip: Comm. Thtr 356.18
Freight Charges/Stage Lighting:Comm.Thtr 69.03 8,295.96
106590 03/30/2006 005329 SAFE ALTERNATIVE FOR FY 05/06 CDBG Reimb. For SAFE Prgm 8,000.00 8,000.00
EVERYONE
106591 03/30/2006 009621 SCOTTSDALE COMMERCE LLC Apr Off-site City storage: Records Mgmt 1,000.00 1,000.00
106592 03/30/2006 009745 SILVERADO AVIONICS INC radios for City emergency vehicles 17,243.52
radios for City emergency vehicles 513.75 17,757.27
106593 03/30/2006 000645 SMART & FINAL INC senior swing dance supplies: MPSC 146.47
'06 Volunteer Recognition event supplies 50.89 197.36
106594 03/30/2006 003477 SMITH, BARBARA ee computer purchase program 970.39 970.39
106595 03/30/2006 000537 SO CALIF EDISON Feb 2-19-999-9442 various mtrs 1,360.05
Mar 2-27-615-1750 Fire Stn 73 651.25
Mar 2-23-365-5992 Fire Stn 92 540.62
Feb-Mar 2-27-560-0625 Deerhollow Wy 369.20
Mar 2-27-632-3565 Camino Piedra Raja 146.10
Mar 2-21-981-4720 Hwy 79 61.10
Jan 2-27-560-0625 DeerhollowWay -57.69 3,070.63
106596 03/30/2006 001212 SO CALIF GAS COMPANY Mar City facilities gas meters 4,514.00
Mar 095-167-7907-2 Fire Stn 84 312.75 4,826.75
106597 03/30/2006 000282 SO CALIF MUNICIPAL ATHLETIC TCSD adult softball league rulebooks 840.00 840.00
106598 03/30/2006 004282 SOUTHWEST TRAFFIC SYSTEMS Lightbar/Controller/Back Up Alann: Pin 2.470.00 2.470.00
106599 03/30/2006 005786 SPRINT Mar Acct level Chrgs 32.31 32.31
106600 03/30/2006 008337 STAPLES BUSINESS office supplies: T Museum 52.97 52.97
ADVANTAGE
106601 03/30/2006 004570 STEPHEN G WHITE, MAl updated appraisal/CDF 03-02:Roripaugh 14,000.00 14,000.00
106602 03/30/2006 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Eamings 945.00
TCSD Instructor Eamings 658.00 1,603.00
106603 03/30/2006 009452 STRAWN, WILLIAM R. Reimb:supplies for Community Theater 107.95
Reimb:supplies for Community Theater 88.66 196.61
Page:9
apChkLst Final Check List Page: 10
03/30/2006 12:04:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106604 03/30/2006 003840 STRONGS PAINTING prep/paint fence around Fire Stn 84 3,200.00 3,200.00
106605 03/30/2006 007670 STUDIO "c" TCSD Instructor Eamings 420.00 420.00
106606 03/30/2006 003599 T Y UN INTERNATIONAL 1/28-2/24/06 Bridge Inspection:Roripaugh 2,720.00 2,720.00
106607 03/30/2006 000305 TARGET BANK BUS CARD SRVCS '06 Spring Egg Hunt supplies 241.08 241.08
106608 03/30/2006 006465 TEMECULA AUTO REPAIR City vehicle repair/maint svcs: 3,486.99
City Vehicle Repair/Maint SVcs:M.S. 529.50
City Vehicle Repair/Maint SVcs:M.S. 265.11
City Vehicle Repair/Maint SVcs: Fire 139.30
City Vehicle Repair/Maint svcs: Fire 52.89
City vehicle repair/maint svcs: Fire 35.75 4,509.54
106609 03/30/2006 006914 TEMECULA COPIERS INC. Feb copier maint/usage: City Facilities 3,88746 3,887 46
106610 03/30/2006 008677 TEMECULA SWIM CLUB refund:sec. deposit/room rental CRC 255.00 255.00
106611 03/30/2006 000307 TEMECULA TROPHY COMPANY plaques & gavels for the Council Members 285.27
nametags: K. Bottorff/D. Adamiah 19.29 304.56
106612 03/30/2006 000515 TEMECULA VALLEY CHAMBER State/City address:Pln Commisioners 4/5 140.00 140.00
OF
106613 03/30/2006 000515 TEMECULA VALLEY CHAMBER State/City address:J.S.lG.P.lP.B.lP V 140.00 140.00
OF
106614 03/30/2006 000515 TEMECULA VALLEY CHAMBER State/City address: 4 Police staff 4/5 140.00 140.00
OF
106615 03/30/2006 000515 TEMECULA VALLEY CHAMBER State/City address:Traf.Commisioners 4/5 105.00 105.00
OF
106616 03/30/2006 000515 TEMECULA VALLEY CHAMBER State/City address: Fire Chief Anthony 35.00 35.00
OF
106617 03/30/2006 003140 TEMECULA VALLEY TCSD Instructor Eamings 210.00
TAEKWONDO
TCSD Instructor Eamings 126.00
TCSD Instructor Eamings 42.00 378.00
106618 03/30/2006 009738 TILLMAN, CHERYL refund: Kids Love Soccer - Soccer 3 80.00 80.00
Page:10
apChkLst Final Check List
03/30/2006 12:04:14PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
106619 03/30/2006 009643 TOASTMASTERS Apr-Sept '06 membership dues: C. Damko
INTERNATIONAL
106620 03/30/2006 005937 TOMCZAK, MARIA T TCSD Instructor Eamings
106621 03/30/2006 000978 TRAUMA INTERVENTION PRGM 3rd Qtr Emerg. Response Vol. Prgm
INC
106622 03/30/2006 009726 TRI-M SYSTEMS GPS antennas for Fire vehicles
106623 03/30/2006 002706 US POSTAL SERVICE Delivery Stat. Retrieval Software: Cty
106624 03/30/2006 002492 U S TOY COMPANY INC '06 Volunteer Recognition event supplies
106625 03/30/2006 004368 VAll COOPER & ASSOCIATES Feb temp inspection svc: G.Berg/D.Franco
INC
106626 03/30/2006 004789 VERIZON ONLINE
Internet svcs xx9549: Police Storefront
106627 03/30/2006 004848 VERIZON SELECT SERVICES INC Mar long distance phone svcs
106628 03/30/2006 003730 WEST COAST ARBORISTS INC 2/16-28/06 Citywide Tree Trimming SVcs
2/16-28/06 Slope Tree TrimmingNar
2/16-28/06 Tree Trimming: Parks/Slopes
106629 03/30/2006 000348 ZIGLER, GAil Reimb:Cprs Annual Conf 3/16-19/06
106630 03/30/2006 003776 ZOll MEDICAL CORPORATION medical supplies: Paramedics
Page: 11
Amount Paid
Check Total
39.00
39.00
noo noo
2,442.00 2,442.00
323.00 323.00
75.00 75.00
100.85 100.85
16,797.02 16,797.02
42.70 42.70
3.80 3.80
8,515.00
459.00
297.00 9,271.00
263.03 263.03
264.74 264.74
Grand total for UNION BANK OF CALIFORNIA:
1,658,268.56
Page:11
I~-- .
,
II
ITEM NO.4
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
V
ell
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
April 11 , 2006
SUBJECT:
City Treasurer's Report as of February 28, 2006
PREPARED BY:
Karin A. Grance, Revenue Manager
Shannon Buckley, Accountant
RECOMMENDATION:
February 28, 2006.
That the City Council receive and file the City Treasurer's Report as of
BACKGROUND: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Attached is the City Treasurer's Report that provides this information.
The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635
as of February 28, 2006.
FISCAL IMPACT:
None.
ATTACHMENTS:
City Treasurer's Report as of February 28, 2006
City of Temecula, California
Portfolio Management
Portfolio Summary
February 28, 2006
City of Temecula
43200 Business Park Drive
P.O.80X9033
Temecula, CA, 92590
(951)694-6430
p., Market Book %01 Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 350 Equiv. 365 Equiv.
Managed Pool Accolllts 9,385,434,94 9,385,434,94 9,385,434,94 B.9B , 3.850 3.940
Lccal Agency Investmeri Funds Bl,78G,B84.00 Bl,B9a,915.43 Bl,78G,B54.00 4582 , 3.983 4.043
FederalAgencyCallableSocurities 49,595,000.00 48,738,5&2.W 49,587,3BO.00 3B.78 'M en 1.BGB 3.B5B
Federal AgencyBLJlet Securities 9,000,000.00 8,9BB,880.00 9,000,000.00 B.BE C"' '" 4.219 4.277
InvestrnentGontracts 5,OBB,488.75 5,GBB,488.7B 5,OBB,488.75 3.7B 9,33B 7,859 4.288 4.348
134,827,607.70 133,856,281.93 134,819,967.70 100.00% 723 500 3.867 3.921
Investments
Cash
PassbaJk!Chockirr;] 3,335,839.15 3,335,839.15 3,335,839.15 1.G44 1.GS9
(rKltincludE>dinyieldcalculatials)
Total Cash and Investments 138,164,446.86 137,193,121.09 138,156,806.86 723 500 3.867 3.921
Total Earnings February 28 Month Ending Fiscal Year To Date
CurrentYear 424,843.33 3,196,459.31
Average Daily Balance 137,871,395.46
Effective Rate of Return 4.02%
Reporting period 0210112006-0212812006
Portfolio TEME
CP
PM(PRF]M1)SymFep8.41.2D2a
ReportVer.5.DD
Run Date: D1I30'20D8. 1D:31
City of Temecula, California
Portfolio Management Page 2
Portfolio Details - Investments
February 28, 2006
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Managed Pool Accounts
SYSCFD 03-04-1 AD 03-04-1 First American Treasury 43,867.08 43,867.08 43,867.08 3.940 3.886 3.940
SYSCFD 03-04-2 AD 03-04-2 First American Treasury 21,996.79 21,996.79 21,996.79 3.940 3.886 3.940
SYSCFD 03-04-3 AD 03-04-3 First American Treasury 100,428.94 100,428.94 100,428.94 3.940 3.886 3.940
SYSCFD 03-04-5 AD 03-04-5 First American Treasury 09/01/2005 32,267.35 32,267.35 32,267.35 3.940 3.886 3.940
SYSCFD 01-2-1 CFD 01-2-1 First American Treasury 1,068,195.69 1,068,195.69 1,068,195.69 3.940 3.886 3.940
SYSCFD 01-2-2 CFD 01-2-2 First American Treasury 442,500.15 442,500.15 442,500.15 3.940 3.886 3.940
SYSCFD 01-2-3 CFD 01-2-3 First American Treasury 7,804.81 7,804.81 7,804.81 3.940 3.886 3.940
SYSCFD 01-2-4 CFD 01-2-4 First American Treasury 135,829.85 135,829.85 135,829.85 3.940 3.886 3.940
SYSCFD 01-2-5 CFD 01-2-5 First American Treasury 2,883,812.37 2,883,812.37 2,883,812.37 3.940 3.886 3.940
SYSCFD 03-1-1 CFD 03-03-1 First American Treasury 1,701,630.68 1,701,630.68 1,701,630.68 3.940 3.886 3.940
SYSCFD 03-03-11 CFD 03-03-11 First American Treasury 10,284.86 10,284.86 10,284.86 3.940 3.886 3.940
SYSCFD 03-03-2 CFD 03-03-2 First American Treasury 106.81 106.81 106.81 3.940 3.886 3.940
SYSCFD 03-03-3 CFD 03-03-3 First American Treasury 17.03 17.03 17.03 3.930 3.876 3.930
SYSCFD 03-03-6 CFD 03-03-6 First American Treasury 0.02 0.02 0.02 3.930 3.876 3.930
SYSCFD 03-03-6 CFD 03-03-7 First American Treasury 828.13 828.13 828.13 3.940 3.886 3.940
SYSCFD 03-03-9 CFD 03-03-9 First American Treasury 3,051.30 3,051.30 3,051.30 3.940 3.886 3.940
SYSCFD 03-06-0 CFD 03-06-0 First American Treasury 01/01/2006 191,968.10 191,968.10 191,968.10 3.940 3.886 3.940
SYSCFD 03-06-1 CFD 03-06-1 First American Treasury 3,152.61 3,152.61 3,152.61 3.940 3.886 3.940
SYSCFD 03-06-2 CFD 03-06-2 First American Treasury 348,935.66 348,935.66 348,935.66 3.940 3.886 3.940
SYSCFD 03-06-3 CFD 03-06-3 First American Treasury 12,686.65 12,686.65 12,686.65 3.940 3.886 3.940
SYSCFD 03-1-1 CFD 03-1-1 First American Treasury 588,769.04 588,769.04 588,769.04 3.940 3.886 3.940
SYSCFD 03-1-10 CFD 03-1-10 First American Treasury 953.01 953.01 953.01 3.940 3.886 3.940
SYSCFD 03-1-13 CFD 03-1-13 First American Treasury 08/31/2005 0.00 0.00 0.00 3.860 3.807 3.860
SYSCFD 03-1-16 CFD 03-1-16 First American Treasury 08/31/2005 226,208.36 226,208.36 226,208.36 3.940 3.886 3.940
SYSCFD 03-1-2 CFD 03-1-2 First American Treasury 82.75 82.75 82.75 3.940 3.886 3.940
SYSCFD 03-1-21 CFD 03-1-21 First American Treasury 08/31/2005 11,230.78 11,230.78 11,230.78 3.940 3.886 3.940
SYSCFD 03-1-3 CFD 03-1-3 First American Treasury 0.00 0.00 0.00 3.340 3.294 3.340
SYSCFD 03-1-5 CFD 03-1-5 First American Treasury 4.27 4.27 4.27 3.980 3.925 3.980
SYSCFD 03-1-6 CFD 03-1-6 First American Treasury 762.57 762.57 762.57 3.940 3.886 3.940
SYSCFD 03-1-8 CFD 03-1-8 First American Treasury 523,248.32 523,248.32 523,248.32 3.940 3.886 3.940
SYSCFD 88-12-1 CFD 88-12-1 First American Treasury 359,650.58 359,650.58 359,650.58 3.940 3.886 3.940
SYSCFD 88-12-3 CFD 88-12-3 First American Treasury 664,706.84 664,706.84 664,706.84 3.940 3.886 3.940
SYSCFD 88-12-5 CFD 88-12-5 First American Treasury 2.14 2.14 2.14 3.740 3.689 3.740
SYSRDA TABS-1 RDA TABs-1 First American Treasury 147.15 147.15 147.15 3.940 3.886 3.940
SYSRDA TABS-3 RDA TABs-3 First American Treasury 0.00 0.00 0.00 2.300 2.268 2.300
SYSTCSD COPS-1 TCSD COPs-1 First American Treasury 300.29 300.29 300.29 3.940 3.886 3.940
SYSTCSD COPS-2 TCSD COPs-2 First American Treasury 2.96 2.96 2.96 3.940 3.886 3.940
SYSRDA TABS-2 RDA TABs-2 MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190
Portlolio TEME
CP
Run Date: 03/30/2006-10:31 PM (PRF _PM2) SymRept 6.41.202a
ReportVer.5.00
City of Temecula, California
Portfolio Management Page 3
Portfolio Details - Investments
February 28, 2006
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Subtotal and Average 10,934,046.61 9,385,434.94 9,385,434.94 9,385,434.94 3.886 3.940
Local Agency Investment Funds
SYSCFD 03-03-10 CFD 03-03-10 CA Local Agency Investment Fun 3,790,505.10 3,790,505.10 3,790,505.10 4.043 3.988 4.043
SYSCFD 03-03-12 CFD 03-03-12 CA Local Agency Investment Fun 10,356,313.00 10,356,313.00 10,356,313.00 4.043 3.988 4.043
SYSCFD 03-03-4 CFD 03-03-4 CA Local Agency Investment Fun 12.68 12.68 12.68 4.043 3.988 4.043
SYSCFD 03-03-8 CFD 03-03-8 CA Local Agency Investment Fun 4,453,986.44 4,453,986.44 4,453,986.44 4.043 3.988 4.043
SYSCFD 03-06-4 CFD 03-06-4 CA Local Agency Investment Fun 02/08/2006 3,938,000.00 3,938,000.00 3,938,000.00 4.043 3.988 4.043
SYSCFD 03-1-11 CFD 03-1-11 CA Local Agency Investment Fun 1,327,322.59 1,327,322.59 1,327,322.59 4.043 3.988 4.043
SYSCFD 03-1-22 CFD 03-1-22 CA Local Agency Investment Fun 02/08/2006 3,376,000.00 3,376,000.00 3,376,000.00 4.043 3.988 4.043
SYSCFD 03-1-7 CFD 03-1-7 CA Local Agency Investment Fun 992,096.81 992,096.81 992,096.81 4.043 3.988 4.043
SYSCFD 03-1-9 CFD 03-1-9 CA Local Agency Investment Fun 6,161.65 6,161.65 6,161.65 4.043 3.988 4.043
SYSCITY CITY CA Local Agency Investment Fun 29,816,641.88 29,743,951.26 29,816,641.88 4.043 3.988 4.043
SYSRDA RDA CA Local Agency Investment Fun 2,015,367.43 2,010,454.12 2,015,367.43 4.043 3.988 4.043
SYSRDA TABS-4 RDA TABs-4 CA Local Agency Investment Fun 0.00 0.00 0.00 2.967 2.926 2.967
SYSTCSD TCSD CA Local Agency Investment Fun 1,708,276.42 1,704,111.78 1,708,276.42 4.043 3.988 4.043
SYSTCSD COPS-3 TCSD COPs-3 CA Local Agency Investment Fun 0.00 0.00 0.00 3.324 3.278 3.324
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Subtotal and Average 59,827,184.00 61,780,684.00 61,698,915.43 61,780,684.00 3.988 4.043
Federal Agency Callable Securities
31339YGQ9 01004 Federal Home Loan Bank 07/24/2003 1,000,000.00 989,690.00 1,000,000.00 2.250 2.219 2.250 145 07/24/2006
31339YXP2 01005 Federal Home Loan Bank 08/14/2003 2,000,000.00 1,978,760.00 2,000,000.00 2.500 2.466 2.500 166 08/14/2006
3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 2,953,742.00 3,050,000.00 3.100 3.058 3.101 67B 01/08/2008
3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,865,850.40 2,965,000.00 3.000 2.960 3.001 677 01/07/2008
3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,901,570.00 3,000,000.00 3.000 2.960 3.001 667 12/28/2007
3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 967,190.00 1,000,000.00 3.000 2.960 3.001 667 12/28/2007
3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 969,060.00 1,000,000.00 3.150 3.108 3.151 6B4 01/14/2008
3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,935,000.00 2,000,000.00 3.070 3.029 3.071 685 01/15/2008
3133X5K49 01020 Federal Home Loan Bank 04116/2004 1,000,000.00 968,440.00 1,000,000.00 3.125 3.083 3.126 6B6 01/16/2008
3133X5QF8 01021 Federal Home Loan Bank 04122/2004 2,000,000.00 1,931,880.00 2,000,000.00 3.000 2.960 3.001 692 01/22/2008
3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,950,000.00 2,000,000.00 3.520 3.473 3.521 700 01/30/2008
3133)(AY84 01026 Federal Home Loan Bank 03/23/2005 1,000,000.00 988,750.00 999,750.00 3.850 3.810 3.863 3B7 03/23/2007
3133)(AZ91 01027 Federal Home Loan Bank 03/28/2005 1,000,000.00 990,940.00 999,750.00 3.785 3.750 3.802 302 12/28/2006
3133XBY66 01029 Federal Home Loan Bank 06/15/2005 2,000,000.00 1,985,620.00 2,000,000.00 4.000 3.781 3.833 2B9 12/15/2006
3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,968,140.00 2,997,360.00 4.250 4.238 4.296 525 08/08/2007
3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 952,204.80 960,000.00 4.380 4.320 4.380 562 09/14/2007
3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,971,890.00 2,998,125.00 4.375 4.347 4.407 660 12/21/2007
3133XD3Q2 01035 Federal Home Loan Bank 09/28/2005 620,000.00 614,965.60 620,000.00 4.400 4.340 4.400 576 09/28/2007
3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,980,620.00 2,000,000.00 4.500 4.438 4.500 75B 03/28/2008
3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 988,130.00 1,000,000.00 4.230 4.174 4.232 667 12/28/2007
Portlolio TEME
CP
Run Date: 03/30/2006-10:31 PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management Page 4
Portfolio Details - Investments
February 28, 2006
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Federal Agency Callable Securities
3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 990,000.00 1,000,000.00 4.140 4.086 4.143 485 06/29/2007
3133XDA84 01040 Federal Home Loan Bank 09/28/2005 1,000,000.00 994,060.00 1,000,000.00 4.200 4.147 4.204 302 12/28/2006
3133XDAB7 01041 Federal Home Loan Bank 09/29/2005 1,000,000.00 993,440.00 1,000,000.00 4.120 4.068 4.124 303 12/29/2006
3133XDBWO 01043 Federal Home Loan Bank 10/12/2005 1,000,000.00 995,000.00 1,000,000.00 4.050 3.995 4.050 225 10/12/2006
3133XDBQ3 01044 Federal Home Loan Bank 10/14/2005 1,000,000.00 994,060.00 1,000,000.00 4.250 4.196 4.255 315 01/10/2007
3133XDBX8 01045 Federal Home Loan Bank 10/12/2005 1,000,000.00 993,440.00 1,000,000.00 4.150 4.097 4.154 317 01/12/2007
3133XDB67 01046 Federal Home Loan Bank 10/12/2005 1,000,000.00 991,250.00 999,375.00 4.150 4.136 4.193 407 04/12/2007
3133XDKQ3 01047 Federal Home Loan Bank 11/09/2005 1,000,000.00 995,940.00 1,000,000.00 4.500 4.443 4.505 345 02/09/2007
3133XEG94 01053 Federal Home Loan Bank 01/26/2006 1,000,000.00 997,810.00 1,000,000.00 4.750 4.685 4.750 331 01/26/2007
3128XILW5 01002 Federal Home Loan Mtg Corp 06/30/2003 1,000,000.00 990,670.00 1,000,000.00 2.000 1.973 2.000 121 06/30/2006
3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 983,890.00 998,000.00 3.750 3.784 3.837 520 08/03/2007
3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 985,140.00 1,000,000.00 4.050 3.993 4.048 572 09/24/2007
3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 991,420.00 1,000,000.00 4.375 4.315 4.375 596 10/18/2007
3136F6M63 01028 Federal National Mtg Assn 04/05/2005 1,000,000.00 990,000.00 1,000,000.00 4.000 3.945 4.000 400 04/05/2007
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Subtotal and Average 49,587,360.00 49,595,000.00 48,738,562.80 49,587,360.00 3.606 3.656 522
Federal Agency Bullet Securities
31331SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 986,560.00 1,000,000.00 3.820 3.768 3.820 457 06/01/2007
31331S5Y5 01037 Federal Farm Credit Bank 09/16/2005 1,000,000.00 989,690.00 1,000,000.00 4.000 3.947 4.002 411 04/16/2007
3133XDLW9 01048 Federal Home Loan Bank 11/10/2005 2,000,000.00 1,997,500.00 2,000,000.00 4.200 4.142 4.200 70 05/10/2006
3133XDMX6 01049 Federal Home Loan Bank 11/15/2005 2,000,000.00 1,997,500.00 2,000,000.00 4.250 4.192 4.250 75 05/15/2006
3133XE2VO 01050 Federal Home Loan Bank 12/29/2005 1,000,000.00 998,440.00 1,000,000.00 4.625 4.562 4.625 212 09/29/2006
3133XE5U9 01051 Federal Home Loan Bank 12/30/2005 1,000,000.00 998,750.00 1,000,000.00 4.500 4.438 4.500 121 06/30/2006
3133XE7H6 01052 Federal Home Loan Bank 12/29/2005 1,000,000.00 998,440.00 1,000,000.00 4.650 4.586 4.650 212 09/29/2006
---
Subtotal and Average 9,964,285.71 9,000,000.00 8,966,880.00 9,000,000.00 4.219 4.277 189
Investment Contracts
SYSCFD 03-1-4 CFD 03-1-4 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 10,045 08/31/2033
SYSCFD 03-03-5 CFD 03-03-5 IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 10,410 08/31/2034
SYSCFD 88-12-2 CFD 88-12-2 IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.499 5.575 4,202 09/01/2017
SYSCFD 88-12-4 CFD 88-12-4 IXIS Funding Corp 07/24/1998 1,531 ,468.76 1,531 ,468.76 1,531,468.76 5.430 5.509 5.585 4,202 09/01/2017
---
Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.288 4.348 7,859
Total and Average 137,871,395.46 134,827,607.70 133,856,281.93 134,819,967.70 3.867 3.921 500
Run Date: 03/30/2006-10:31
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - Cash
February 28, 2006
Page 5
Average Purchase Stated YTM YTM Days to
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity
Retention Escrow Account
SYSRJ NOBLE RJ NOBLE Bank of Sacramento 0.00 0.00 0.00 1.250 1.233 1.250
SYSBARN HART 1 BARN HART 1 California Bank & Trust 1,125,299.91 1,125,299.91 1,125,299.91 2.400 2.367 2.400
SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 08/04/2005 380,021.71 380,021.71 380,021.71 1.250 1.233 1.250
SYSRIV CONST 1 RIV CONST 1 Community National Bank 152,088.73 152,088.73 152,088.73 2.350 2.318 2.350
Passbook/Checking Accounts
SYSPetty Cash Petty Cash City of Temecula 07/01/2005 1,700.00 1,700.00 1,700.00 0.000 0.000
SYSFlex Ck Acet Flex Ck Acet Union Bank of California 07/01/2005 1,711.25 1,711.25 1,711.25 0.000 0.000
SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2005 1,638,999.76 1,638,999.76 1,638,999.76 0.000 0.000
OLD TOWN CK ACC OLD TOWN CHK Union Bank of California 01/01/2006 30,279.80 30,279.80 30,279.80 0.000 0.000
SYSParking Ck Parking Ck Union Bank of California 07/01/2005 6,738.00 6,738.00 6,738.00 0.000 0.000
Average Balance 0.00
Total Cash and Investmentss 137,871,395.46 138,164,446.86 137,193,121.09 138,156,806.86 3.867 3.921 500
Run Date: 03/30/2006-10:31
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
Cash and Investments Report
CITY OF TEMECULA
Through February 2006
Fund Total
001 GENERAL FUND $ 41,368,803.92
101 STATE TRANSPORTATION FUND 186,389.73
120 DEVELOPMENT IMPACT FUND 9,662,725.32
150 AB 2766 FUND 310,971.77
165 RDA DEV LOW/MOD 20% SET ASIDE 11,252,500.08
170 MEASURE A FUND 5,229,271.23
190 TEMECULA COMMUNITY SERVICES DISTRICT 1,035,623.90
192 TCSD SERVICE LEVEL "B" STREET LIGHTS 107,979.43
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 78,517.47
194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 62,854.75
195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 33,276.09
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 378,303.32
210 CAPITAL IMPROVEMENT PROJECT FUND 16,739,514.13
271 CFD 01-2 HARVESTON IMPROVEMENT FUND 2,896,633.91
273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 6,237,775.73
274 AD 03-4 JOHN WARNER IMPROVEMENT FUND 70,810.17
275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 18,614,968.83
276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 3,950,686.65
280 REDEVELOPMENT AGENCY - CIP PROJECT 1,965,972.00
300 INSURANCE FUND 1,366,594.39
310 VEHICLES FUND 577,169.91
320 INFORMATION SYSTEMS 783,877.41
330 SUPPORT SERVICES 214,026.81
340 FACILITIES 93,435.31
380 RDA 2002 TABS DEBT SERVICE 1,843,174.46
390 TCSD 2001 COP'S DEBT SERVICE 1,286.00
460 CFD 88-12 DEBT SERVICE FUND 3,889,258.86
470 CFD 01-2 HARVESTON DEBT SERVICE FUND 1,673,321.66
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,799,011.04
474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 208,051.13
475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,989,157.58
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 571,178.10
Grand Total: $ 137,193,121.09
I~-- .
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ITEM NO.5
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Approvals
City Attorney
Director of Finance
City Manager
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Lf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
April 11 , 2006
SUBJECT:
First Amendment to Professional Consultant Services Agreement for NPDES
Permits Plan Check and Inspection Services
PREPARED BY:
Aldo Licitra, Associate Engineer (NPDES)
RECOMMENDATION: That the City Council approve the First Amendment to the
Professional Consultant Services Agreement with AEI-CASC Engineering for Plane heck and
Inspection Services required by the City's NPDES permit in the amount of $25,000.00, and authorize
the Mayor to execute the amendment.
BACKGROUND: Under EPA's National Pollutant Discharge Elimination System
(NPDES) program, the City of Temecula (City) was issued an NPDES permit that obligates us to
require developers to submit Water Quality Management Plans (WQMPs) demonstrating how
pollutants will be mitigated throughout the life of their completed development. It is anticipated that
most new developments will require this additional engineering study. The NPDES permit also
mandates that the City conduct detailed inspections at existing commercial and industrial
businesses to determine whether the facilities and operations are in compliance. Currently, the City
is responsible for the inspection of approximately 600 businesses either annually, biennially, or once
during the permit term, depending on their designated status.
As a result of the above obligations, AEI-CASC Engineering was contracted to assist the City in
reviewing WQMPs and performing inspections. Under the existing Professional Consultant Services
Agreement (B SA) with AEI-CASC Engineering dated September 1, 2005, the City originally
approved $20,000.00 to fund this work based on estimated costs. However, a current review of the
actual costs over the past six-months has indicated that it is necessary to modify the original
allocation by an additional $25,000.00 to complete the required annual inspections for FY 2005-
2006and continue reviewing WQMPs. As such, the First Amendment to the AEI-CASC PCSA is
necessary in order to maintain compliance with the NPDES permit requirements.
FISCAL IMPACT: Adequate funds are available in Fiscal Year 2005-2006 Public Works
Department NPDES Compliance Division, Consulting Services Account No. 001-164-605-5248.
ATTACHMENTS:
First Amendment
FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
AEI-CASC ENGINEERING
NPDES PERMITS
WATER QUALITY MANAGEMENT PLANS (WQMP)
PLAN CHECK and INSPECTION SERVICES
THIS FIRST AMENDMENT is made and entered into as of April 11, 2006 by and
between the City of T emecula, a municipal corporation ("City") and AEI-CASC Engineering
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On September 1, 2005 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for NPDES Permits Plan Check and
Inspection Services ("Agreement") in the amount of Twenty Thousand Dollars and No Cents
($20,000.00).
B. The parties now desire to increase the payment for additional NPDES
Permit Plan Check and Inspection Services in the amount of Twenty Five Thousand Dollars
and No Cents ($25,000.00) and amend the A9reement as set forth in this Amendment.
2. Section 5 a., Pavmen~ 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 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 ($25,000.00) for additional N PDES Permits Plan C heck a nd Inspection
Services for a total contract amount, of Forty Five Thousand Dollars and No Cents
($45,000.00).
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
R\Agreements\NPDES\AEI CAse Amend 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
AEI-CASC Engineering
937 S. Via Lata, Suite 500
Colton, CA 92324
(909) 783-0101
Ceazar Aguilar, Vice President
Richard J. Sidor, Corporation Secretary
(Two Signatures Required For Corporations)
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ITEM NO.6
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
April 11 , 2006
SUBJECT:
Contract Agreement for Traffic Signal Timing Evaluation and Coordination -
Winchester Road, Rancho California Road and 79 South
PREPARED BY:
Ali Moghadam, Principal Engineer - Traffic
RECOMMENDATION:
That the City Council:
1. Approve a Contract with Republic Electric in the amount of $60,000.00 for traffic
signal timing evaluation and coordination for Winchester Road, Rancho California Road and
79 South and authorize the Mayor to execute the contract.
2. Authorize the City Manager to approve contract change orders not to exceed the
contingency amount of $6,000.00, which is equal to 10% of the contract amount.
BACKGROUND: Currently, the traffic signals on Winchester Road, Rancho California
Road and 79 South are coordinated; however due to the increase in traffic volumes and several
roadway improvements, the traffic signal coordination timing should be re-evaluated and modified as
necessary. Although the City has taken over the maintenance of Winchester Road and 79 South
from Caltrans, the ramp signals on Winchester Road, Rancho California Road and 79 South remain
under Caltrans' jurisdiction. Therefore, the new traffic signal timing, which will include the ramp
signals, must be submitted to Caltrans for review and approval.
After relinquishment of a portion of Winchester Road and 79 South by Caltrans, the City installed
new traffic signal controllers including new and updated software. The proposed traffic signal timing
coordination will include four time-of-day plans for weekdays and two time-of-day plans for
weekends. Extra attention will be given to fine tuning the coordination timing after the initial timing
implementation. Also, additional attention will be given to weekend plans to accommodate the
Promenade Mall and Pechanga Casino traffic.
Staff interviewed the Engineering Division of Republic Electric, which is currently providing on-call
traffic signal maintenance services for the City. In addition to traffic signal maintenance, Republic
Electric's Engineering Division has extensive expertise in traffic signal timing coordination. Republic
Electric will dedicate many hours to observe the new coordination timing and make fine tuning in the
field.
FISCAL IMPACT: Adequate funds are available in the Public Works Department, Traffic
Division Consulting Services Fiscal Year 2005-2006 Operating Budget Account No. 001-164-602-
5248. The total project cost is $66,000.00, which includes the contract amount of $60,000.00 plus
10% contingency amount of $6,000.00.
ATTACHMENTS:
Contract
CITY OF TEMECULA
CONTRACT AGREEMENT
FOR
TRAFFIC SIGNAL EVALUATION AND COORDINATION
WINCHESTER ROAD, RANCHO CALIFORNIA ROAD and 79 SOUTH
THIS CONSTRUCTION CONTRACT, made and entered into as of April 11 ,2006 by
and between the City of Temecula, and Republic Electric ("Contractor"). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term. This Agreement shall commence on April 11, 2006 and shall remain and
continue in effect until April 11 , 2007 unless sooner terminated pursuant to the provisions of this
Agreement.
2. SCOPE OF WORK. Contractor shall constru.ct and install all of the work described in
the Scope of Work, attached hereto and incorporated herein as Exhibit A. (''Work'') and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and
transportation services required for the Work. All of said Work to be performed and materials to be
furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of
Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall
not commence the Work until such time as directed in writing by the City.
3. COST OF WORK. For the Work described in Section 1. of this Agreement
Contractor shall receive the sum of Sixty Thousand Dollars and No Cents ($60,000.00) payable in
accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B.
Any terms other than a description of the work to be performed, costs of the work, or the payment
schedule contained in Exhibits A or B is null and void and not part of this Agreement.
4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement.
5. CITY APPROVAL. All labor. materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. CHANGE ORDERS. The City Manager may approve additional payment up to ten
(10%) of the Agreement, but in no event shall the total sum of the Agreement (basic contract amount
and change order(s)) exceed twenty-five thousand dollars ($25,000.00). Change orders exceeding
these limits shall be approved by the City Council.
7. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to City, in writing, all claims for compensation under or
arising out of this contract; the acceptance by Contractor of the final payment shall constitute a
waiver of all claims against City under or arising out of this Contract except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release and
indemnify agreement with each claim for payment.
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8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contract from the Director of the Department of Industrial
Relations. Copies may be obtained from the California Department of Industrial Relations Internet
website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any
staff or sub-contractor hired and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
-1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of
the Contract.
9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The District may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractorthe actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
10. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Contractor. If such failure by the Contractor to make progress in the performance of work
hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of
the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, 'excepting
only liability arising out of the sole negligence of the City.
12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductihlp's and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and vollmteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
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performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor'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 District, its officers, officials, employees or
volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the District, its. officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District.
f. Verification of Coveraae. Contractor shall furnish the District with original
endorsements effecting cQverage 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 Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
13. PERFORMANCE AND LABOR MATERIAL BONDS. Prior to commencement
of the Work, Contractor shall provide the City with a Performance Bond in the amount of the contract
and a Labor and Materials Bond in the amount of the Contract from a surety acceptable to the City.
14. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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15. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither City nor any of its officers, employees or agents shall have control over the conduct
of Contractor or any of Contractor's officers, employees or agents, except as set forth in this
Agreement. Contractor 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. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City
in any manner.
a. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Contractor for injury or sickness arising out of performing services hereunder.
16. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect
the performance of its service pursuant to this Agreement. The Contractor 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 Contractor to comply with this section.
17. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by City for purposes of letting this Contract out to proposal will be
accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
18. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
19. BOOKS AND RECORDS. Contractor's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable times be
subject to inspection and audit by any authorized representative of the City.
20. UTILITY LOCATION. District acknowledges its responsibilities with respect to
locating utility facilities pursuant to California GOVernment Code Section 4215.
21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
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22. INSPECTION. The Work shall be subject to inspection and testing by City and its
authorized representatives during manufacture and construction and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
23. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color,
sex, age, or handicap.
24. WRITTEN 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:
To City:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Republic Electric
4200 Osgood Road, #112
Fremont, California 94539-5043
Steve Fitzsimons, P.E., Senior Traffic Engineer
25. ASSIGNMENT. The Contractor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City.
26. LICENSES. At all times during the term of this Agreement, Contractor shall
. have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
27. GOVERNING LAW. The City and Contractor understand and agree that the
laws of the State of Califomia shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction
over the City of Temecula.
28. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
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29. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
30. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Contractor warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Contractor and has the authority to bind
Contractor to the performance of its obligations hereunder.
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IN WITN ESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Republic Electric
42000 Osgood Rd., #112
Fremont, CA 94539-5043
Phone: (510) 440-8127
FAX: (510)440-1751
Steve Fitzsimons, P.E., Sr. Traffic Engineer
Jim Wagner, Vice President Engineering
Two signatures of corporate officers required)
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EXHIBIT A
SCOPE OF WORK
AND
SCHEDULE OF PAYMENT
TRAFFIC SIGNAL EVALUATION AND COORDINATION
WINCHESTER ROAD, RANCHO CALIFORNIA ROAD and 79 SOUTH
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Republic
Electric
42000 Osgood Road, # 112
Fremont, CA 94539-5043
CA Lie: 647154
March 20, 2006
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AIi S. Moghadam, P.E.
City of T emecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
~
Subject: Cost Proposal for Winchester Road, Rancho California Road, and 79 South Traffic
Signal Timing
Dear Mr. Moghadam:
Per our meeting and subsequent discussions with Jerry Gonzales, this letter presents a fee
proposal to update the traffic signal coordination timing plans at 13 locations on or adjacent to
Winchester Road in Temecula. The work will include evaluation of coordination settings and
development of recommendations for four peak periods. The following sections present a
scope of services, schedule, and fee.
SCOPE OF SERVICES
The signal timing services to be provided include the following items:
PHASE I - WINCHESTER ROAD
Task 1.1 - Data Collection
Republic Electric will obtain peak hour turning movement counts at 7 of the 13 study
intersections during the AM, Midday, PM, and Weekend peaks. The full list of intersections and
the traffic count action is shown in the table below.
Intersection Use 2004 2004 Count No 2004
Count with not useful - Count-
growth factor Collect New Collect New
I Winchester at: I I
I 1. Diaz Road I I X
I 2. Enterprise Circle W I I X
I 3. Jefferson Ave I X I
I 4.1-15 Southbound Ramps X' I I
I 5.1-15 Northbound Ramps X' I I
I 6. Ynez Road I X I
I 7. Promenade Mall West X I I
I 8. Margarita Meadows X I I
I 9. Margarita Road I X
I 10. Rorlpaugh Road X I I
AIi S. Moghadam, P.E., City of T emecula
March 20, 2006
Page 2
I 11. Nicolas Road
I Ynez Road at:
I 12. Promenade North
I 13. Promenade South
I * = ConfIrm by taking spot counts oftnrning moves.
x
x
X
Based on an evaluation of count data furnished by the City, counts will be collected during the
following times:
Weekday: AM - 7-9
Midday - II AM to I PM
PM - 3-6
Saturday from 10:00 AM to noon (or time agreed with City staff)
We will enter new turning movement count data into the Synchro file already furnished by the
City. 24-hour machine count data has already been furnished by the City and no new machine
count collection is included.
Task 1.2 - Update and Calibrate Synchro Model
Republic Electric will complete the following tasks to update and calibrate the Synchro model:
.:. Verify the signal timing settings in the Synchro model by comparing them to the timing
sheets already sent by City staff
.:. Look at Level of Service output for general conformity with field observations
.:. Review the Simtraffic output for queuing problems and general platoon predictions
.:. Review a sample of distances between intersections and turn pocket lengths and update
if needed
.:. Conduct a detailed field review with focus on the following factors:
o Collect saturation flow data at select locations
o Collect a sample of travel time runs
o Check lane utilization at key locations such as ramp intersections
o Verify the 120 second system cycle length and observe percent saturation as a
validation of the system cycle
.:. The field review will include observations of Saturday midday traffic
Send the updated files to the City for review.
Task 1.3 - Optimize Settings and Prepare Timing Sheets
Republic Electric will use the Synchro model with an iterative process to optimize the traffic
signal coordination settings, by allowing Synchro to optimize the network first and then
reviewing the output. The focus of the review will be time-space plots and visual optimization
of offsets. Republic Electric will manually input to changes to Synchro. The model will next be
reoptimized and new Measures of Effectiveness (MOEs) compared to the prior outputs.
Multiple iterations will be completed until MOEs no longer show substantial improvements.
REPUBUC ELECTRIC
Ali S. Moghadam, P.E., City of T emecula
March 20, 2006
Page 3
Based on a review of the expected improvements and of daily count profiles, Republic Electric
will recommend implementation times for the new coordinated plans. This is expected to
include 4 plans, possibly designated for AM, midday, PM, and weekend midday. However, it is
possible the weekend plan will also be appropriate for evening implementation at some
locations.
Republic Electric will mark up the existing timing sheets to reflect the new optimization
settings. Care will be taken to note any changes that may impact adjacent intersections that are
within the Winchester system but not included in the list of study intersections.
Send the optimized model and marked up timing sheets to the City for review. This proposal
assumes changes will be implemented by Republic Electric staff.
Task 1.4 - Field Fine Tuning
This task will include start with a general review of implemented timing to verify that it matches
the expected results. Republic Electric will review platoon arrivals at each intersection, queue
lengths, and travel time speeds on the corridor. Where needed, changes will be noted to
implement later and be reviewed on the following day.
When the initial fine tuning effort is complete, Republic Electric recommends letting the plans
operate for a period of 2-3 weeks, then completing a final field review of operations. Further
adjustments can be made as needed.
Task 1.5 - Final Report
Republic Electric will complete a very brief final report summarizing the work completed for
each task, a comparison of expected improvements based on the Synchro model output, and a
comparison of measured travel times.
PHASE 2 - Rancho California Road and 79 South
Task 2.1 - Prepare Scope of Work for Phase 2
When notified by the City, Republic Electric will prepare a scope of services similar to the
Phase I scope for the Phase 2 work. This proposal assumes the following:
.:. Phase 2 will include up to 17 intersections along Rancho California Road, Winchester
Road, and Route 79 South
.:. The City will provide a Synchro model, available turning movement traffic count data,
current machine count data, and current timing sheets.
.:. Republic Electric will complete data collection, model calibration, optimization,
implementation, and final reports as outlined in Phase I.
SCHEDULE
Republic Electric will complete Tasks 1.1-1.3 within 8 weeks from Notice to Proceed, assuming
no delays in data collection because of rain, lane closures for construction, or other factors
outside our control. This schedule assumes a I-week City review ofthe updated model in Task
REPUBLIC ELECTRIC
AIi S. Moghadam, P.E., City of T emecula
March 20, 2006
Page 4
1.2. Republic Electric will complete the initial fine tuning effort of Task 1.4 within two weeks
for receipt of City's approval of the recommended changes and implementation of the timing.
The final field review will be completed at the City's convenience. The final report will be
completed within 3 weeks from completion of the fine tuning.
Phase 2 work will be completed on a mutually agreeable schedule to be determined in Task 2.1.
FEE
The Scope of Services for Phase I can be completed on a lump sum basis for a fee not to
exceed $25,350, based on the estimate of hours shown below.
I
TOTAL HOURS I
COLUMN COST I
Expenses I
TOTAL COST I
1 Senior Associate
En ineer En ineer
Hourlv Rate $165 $140
I 61 1
I 81 241
81 141
2 I 32 I
21 161
26 I 86 I
$4,290 I $12,040 I
Staff
En ineer
$120
1
1
241
I
I
241
$2,880 1
Sen ior
Assistant
$115
1
1
121
81
1
201
$2,300 1
CAD
Tech
$60
1. Data Collection
2. Update and Calibrate Svnchro Model
13. Optimize Settings and Prepare Timing
Sheets
1 4. Field Fine TuninQ
I 5. Final Report
I
1
1
I
1
I
1
41
41
$2401
$3,600 I
$25,350 J
The scope of services for combined Phases I and 2 will be completed for a fee not to exceed
$60,000, based on an average cost per intersection of $2,000.
This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided.
Acceptance of this offer shall constitute a written contract for the engineering services included in the above description
of the work to be performed. Payment for the described engineering services is included in the tump sum amount stated
above for tabor, materials and equipment. Either party seeking to terminate this contract prior to its fult completion must
do so in writing and include a written statement of reasons for early termination.
The foregoing offer is hereby accepted this
day of
.2006.
Please return one signed copy to Republic Electric.
City of T emecula
REPUBLIC ELECTRIC
By:
Steve Fitzsimons, P.E.
RCE 36435
Title:
REPUBLIC ELECTRIC
I~-- .
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II
ITEM NO.7
II
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II
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II
II
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Approvals
City Attorney
Director of Finance
City Manager
V
/JiZ
Cf
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public WorkslCity Engineer
DATE:
April 11 , 2006
SUBJECT:
Professional Services Agreement for Bridge Inspections - Roripaugh Ranch
Butterfield Stage Road bridges over Long Valley Wash and over Santa Gertrudis
Creek
PREPARED BY:
Greg Butler, Principal Engineer
RECOMMENDATION:
That the City Council approve:
1. Approve the Professional Services Agreement for Bridge Inspections of the
Roripaugh Ranch Butterfield Stage Road bridges over Long Valley Wash and over Santa
Gertrudis Creek with T.Y. Un International in the amount of $150,000.00 and authorize the
Mayor to execute the agreement;
2. Authorize the City Manager to approve Extrawork Authorizations not to exceed the
contingency amount of $15,000, which is equal to 10% of the agreement.
BACKGROUND: In gaining approval of the Roripaugh Ranch Development, the
developer, Ashby USA, was conditioned to provide numerous infrastructure improvements. The
Butterfield Stage Road bridges are two of several improvements Ashby USA will be completing to
mitigate the traffic impacts of the Roripaugh Ranch Development. Due to the specialized nature of
bridge construction, it is necessary to supplement the public works inspection staff with a Bridge
Construction Engineer/lnspector.
Previously staff solicited proposals from 3 firms that employee individuals that have the specific
expertise needed. Of the two firms that responded, T.Y. Un International (TYLI) was selected to
provide the needed services for a similar structure within the development based upon the unique
qualifications of their staff, their demonstrated capability with similar projects for the City, and their
demonstrated project understanding. Because TYLI is currently providing bridge
engineeringlinspection services for another bridge structure within the development, the City will be
able to realize a cost savings by having TYLI perform the inspections on these structures
concurrently. A separate agreement is necessary to segregate costs between CFD and non-CFD
facilities.
FISCAL IMPACT: The subject professional services agreement will be funded with
special inspection fees collected from the Developer, as detailed in the Deposit Agreement for
Butterfield Stage Road bridges over Long Valley Wash and over Santa Gertrudis Creek - Bridge
Special Inspection. Adequate funds have been collected for this agreement and are available in
Account No. B001-2613. Ultimately the Developer will be able to recover these fees through the
Roripaugh Ranch CFD acquisition process.
ATTACHMENTS:
Professional Services Agreement
AGREEMENT
FOR PROFESSIONAL CONSULTANT SERVICES
BRIDGE INSPECTIONS for RORIPAUGH RANCH
BUTTERFIELD STAGE ROAD BRIDGES OVER LONG VALLEY WASH
AND OVER SANTA GERTRUDIS CREEK
CFD 03-02
THIS AGREEMENT is made and effective as of April 11 , 2006 between the City of
Temecula, a municipal corporation ("City") and T.Y. Lin International ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on April 11 , 2006, and shall remain
and continue in effect until tasks described herein a re completed, but in no event later than
December 31, 2006 unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged i n providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. Copies may be obtained from the CalifOrnia Department of
Industrial Relations' Internet web site at http://www.dir.ca.gov. Consultant shall provide a copy of
prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage
rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776,
1777.5,1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation of
the provisions of the Contract.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the scope of work to be
performed, payment rates and schedule of payment are null and void. This amount shall not exceed
One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
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b. . Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement or up to twenty-five thousand dollars ($25,000.00) in total. Any additional work in excess
of this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
7 . DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines thatthe Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection 0 f a II work, data, documents, proceedings a nd activities related tot his
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or deatl1 of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
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(4) Professional Liability Insurance shall be written on a policyform
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: One million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately
to this projecVlocation or the general aggregate limit shall be twice
the required occurrence limit.
(2) Automobile Liability: One million dollars ($1,000,000) per accident
for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accidentfor
bodily injury or disease.
(4) Professional Liability coverage: Two million ($2,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provision~. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the poliCies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
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(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceotabili\V 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. Consultant shall furnish the City with 0 riginal
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, I etters of support, testimony at depositions, response to interrogatories 0 r other
information concerning the work performed under this Agreement or relating to any project or
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property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (Hi) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address ofthe party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of T emecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
T. Y. Lin International
Mailing Address:
5030 Camino de la Siesta, Suite 204
San Diego, California 92108
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree thatthe
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
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18. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non..contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligatio(1s of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
T. Y. Lin International
5030 Camino de la Siesta, Suite 204
San Diego, CA 92108
(619) 692-1920
Fax (619) 692-0634
IN. Mark Ashley, Sr. Vice President
Joe Tognoli, Vice President
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
The Scope of Services for this agreement consists of the necessary Construction Management and
Inspector activities involved with the Roripaugh Ranch Butterfield Stage Road bridges over Long
Valley Wash and over Santa Gertrudis Creek CIDH pile construction, and review of the Contractor's
submittal of the pile placing plan. The Consultant's proposal is attached as part of this Agreement.
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R:\CIP\Projects\Oistrlcts\CFO 03-02 Roripaugh\Consultants\TY Un Inter-Butterfield Stage Bridges
Proposal
North Loop Road and Butterfield Stage Road over Santa
Gertrudis Channel, and Butterfield Stage Road over Long Valley
Wash Structure
Construction Management and
Construction Engineering/Inspection Services
Prepared for:
City of Temecula
Prepared by:
T.Y. Lin International
Revised: March 24, 2006
Project Description
This proposal is to provide Structure Construction Management, Construction Engineering
and Inspection services as required for the construction of the South Loop Road/Butterfield
Stage Road Bridge over Santa Gertrudis Channel and the Butterfield Stage Road Bridge over
Long Valley Wash. These two structures are two span, precast concrete arch structures on
cast-in-drilIed-hole pile foundations, with cast-in-place concrete retaining waIl wingwalls on
cast-in-drilIed-hole pile foundations. The total length of both structures is 650 feet; there are
292 piles, and 308 precast concrete bridge segments combined for both structures.
Scope of Services
The Structure Construction Manager/Engineer/Inspectors provided by the Consultant shall
monitor the operations of the Contractor and Subcontractors for compliance with contract
documents and document field construction operations. Construction Management/
Engineering services shaIl include the following activities:
A Monitoring of Construction Operations for Contract Compliance
1. Earthwork (structure excavation and backfill)
2. Form construction and placement (footings, retaining walls)
3. Reinforcing steel placement (footings, retaining walls, piles)
4. Cast-in-place pile steel drilling and concrete placement
5. Concrete delivery, placement, and curing
6. Precast arch placement
7. Cable railing placement
8. Concrete finishing
B. Contract Administration
1. Coordinate agency oversight and inspection with other agencies as necessary
2. Coordinate material testing/ quality control and surveying, review test reports
and survey notes
"r:Y.UNINTERNATIONAL
City of Temecula
Proposal for Santa Gertrudis Channel and Long Valley Wash Bridges
March 24, 2006
Page 2 of 3
3. Attend weekly progress meetings and other meetings with the contractor and
owner as necessary
4. Monitor contractor's schedule
5. Prepare field inspection diaries covering structure construction operations
6. Negotiate and prepare contract change orders as needed
7. Review monthly quantity estimates for progress payments
8. Check construction grades
9. Review contractor submittals, including:
. Temporary shoring plans if required
. Pile placement plan
. Concrete mix designs and aggregate gradings
. Payment requests
10. Keep a record of all as-built changes for inclusion into the final project as-built
drawings
C. General
The Engineer/Inspector shall be present at the project site on a part-time basis to provide a
satisfactory level of monitoring the work. It is anticipated that much of the work on this
project will require full time inspection, per Caltrans and City of Temecula standard
procedures. The Engineer/Inspector and/ or his representative shall provide continuous
inspection during the following operations:
1. All concrete placement operations
2. All pile drilling and concrete placement operations
3. Precast arch placement
All other inspection will be performed on an as-needed basis, with efforts focused on
identification of possible schedule and cost-impacting issues, as well as nonconformity to
the contract plans and specifications.
Work to be Performed by Others
A. Control Surveying
1. Staking of abutment, foundations, bridge layout lines
2. Establishing temporary bench marks
B. Materials Testing
1. Concrete plant inspection
2. Concrete field sampling, testing and lab
3. Reinforcing steel tests
4. Soil testing, inclucting compaction testing
5. Welding inspection and testing
T-YUNINTERNATIONAL
City of Temecula
Proposal for Santa Gertrudis Channel and Long Valley Wash Bridges
March 24, 2006
Page 3 of 3
C. Miscellaneous
1. Traffic control submittals will be reviewed and approved by others.
2. Asphalt and subgrade construction above the structure is not shown on the
structure plans, thus inspection of these items is omitted.
3. The utility companies or agencies that will own the ducts in or above the
structure should perform utility installation inspection and testing.
Consultant Compensation
Consultant services will be billed on a time-and-materials basis for work performed in
accordance with the Schedule of Fees included with this proposal as Exhibit A. Charges will
include mileage and travel time from either the employee's home or T.Y. Un International's
office, whichever is less. Vehicles will be charged per mile in accordance with the Schedule
of Fees included with this proposal as Exhibit A. This schedule of fees is valid until the end
of 2006.
Based on the information known to date, and estimating a construction time of eight
months, we are estimating that the total fee for these services should not exceed $150,000.
Attached to this proposal, as Exhibit B, is a detailed cost estimate based on estimated items
of work. This estimate represents the level of effort that is typical for this type and size of
construction project, but the level of inspection and management effort can be adjusted
based on the client's needs.
Please note the actual inspection time required can vary greatly based on the production
rates of the contractor for all full-time inspection work. The majority of the work on this
project requires full-time inspection. This proposal estimates that the pile placement
production rate will be eight piles per day during normal working hours. Much of the work
may be performed concurrently, depending on the contractor's means and methods as well
as his schedule. This estimate of fee is based on some significant overlap in operations and
inspection requirements. Once a schedule is provided, we can revise our estimate of fees
accordingly.
It is recognized that due to the nature of field construction and the highly variable condition
and circumstances that may be encountered, it is very difficult to accurately predict the exact
level of construction managemenf/inspection services tlzat will be needed. If the construction
contractor is cooperative and the project proceeds smoothly, a reduced level of effort may be
appropriate. Conversely, difficult field conditions or relations with the contractor/oversight
agency or an extended construction period could require additional effort. Also, contract
clzange orders may require greater inspection and management effort than anticipated at the
beginning of the project. The awner will be informed of these conditions as the project
progresses. Work will not be performed above the contract amount until T. Y. Lin
International has received direction in writing autlwrizing the additional work and budget
necessanj to perform that work.
'1':v:LlNINTERNATIONAL
EXHIBIT B
FEE SCHEDULE
10
R:\CIPlProjects\Oistricts\CFO 03-02 Roripaugh\Consultants\TY Un Inter-Butterfield Stage Bridges
"1 CLASSIFlCAnON
I Snr.'''''''
Canst. Ass'l
Ennlnetr BCE
fTASK _________ RATE: I $130.00 $95.00
bC~:R~~E CONSTRUC=~N_~T~:'~G_I__:: _ _;~ J
PILE LAYOUT AND REBAR 13.0 __ 0.0 I
~1"","lfil:6_1IG'iAN.r_ElE't"''.if'~;''l{c..;.;p;;t<<if'_-;0j -",
CHECK ABUT FOOTING REBARlFORMS II 13.0 0.0'
-!t~~.2k"
ESTIMATE OF FEES
Long Valley Wash Bridge
Construction Services
T.Y.lbJ International
3/24/2006
FEES
COMMENTS
$1.462.501'
$845.00 I
$1.690.001---..
iij~ilIfiiS:af8~~it;;g:(
$1.690.00.11
I
-1
Hi';;1
,'5i:<;:;::?;iY\::f-;;
>>~L .~
ICHECKWAU.FOOTlNGREBARlFORMS II 17.0 b 0.0 I $2.210.0011
~'~-'~---'~~I~-~~-~'-,".:oe--~r--~"~M-'"--'=""""---"""_~,"____"T_"'__'__"'___'I
"';:;u,r.'w~~m'Jt:11"'.';>-~:'In"'~""("'t.;Hl t<iW?-<::f.lI%~j.! :~.~ 4lW tzt'* - _ - t'W~'Sib))*';<:"'~~.~_*L'''''_,~~~,Ylf,i{,0.J.0f:c''''''',''-~~.i_?<_P5"':;:,i:-2it;
CHECK WALl AEBARlFORMS II 17.0 0.0 $2.210.00 I
I
ISET HEADWAtLS
IrNSPECT RAILING JNSTAUATION
IINSPECT ARCHITECTURAL ENCHANCEMENTS
IDRYFINISH
IPREPARE & INSPECT PUNCH LIST
I
I
I
I
I CONTRACTOR SUBMITTALS
IREVIEW PILE PLACING PLAN
IREVIEW PRECAST SHOP DRAWINGS
REVIEW MISC ICONC MIXES. MATlS. ETC\
REVIEW SCHEDULE & UPDATES
MISCELLANEOUS
MEETING AlTENDANCE II
PREPARE BRIDGE CONSTRUCTION REPORTS 11
REVEIW MONTHlYPROORESS PAYMENTS II
RESPOND TO CONTIRE QUESTIONS II
AS-BUJlTREVIEW 11
PROJECT MANAGEMENT @I 5% II
I OFFICE WORK SUBTOTAL: II
I FIELD WORK SUBTOTAL: II
I TYlINTOTAl: I,
I SubconsvltBnts I
ISulVsvina
reSlin~
FIELD WORK SUBTOTAL:
0.0 15.0
9.0 0.0
4.0 0.0
9.0 0.0
21.0 0.0
0.0 0.0
0_0 0.0
225.0 161.5
4.0 8.0
0.0 0.0
0.0 16.0
8.0 0.0
0.0 0.0
12.0 12.0
20.0 20.0
8.0 0.0
40.0 0.0
4.0
27.0 0.0
123.0 56.0
~~.~ 161.5
348.0 217.5
348.0 II 217.5
TOTAL:
OTHER DIRECT COSTS:
UII",ane Calculallnm:;
Total Travel Time:
Time per RT:
Miles per RT:
Total # of Trips:
Total Miles:
Mileage @ $0.55fmile:
100 HRS
2.5 HRS
140 MilES
39.8
5572 MILES
$3.064.60
Butterfield-long Valley-CM
Temecula2a:ds
$1.425.0011
$1.170.0011
$520.0011
$1.170.0011
$2.730.0011
so.ooll
so.ooll
$44,592.50 II
II
II
".280.00 II
,0.0011
II $1.520.0011
U $1.040.0011
II so.ooll
II $2,700.0011
II $4.500.00 II
II ".040.00 II
II $5.280.0011
II $520.00 I
II $3.510.00 II
II $21.310.00 II
11 $44.592.50 II
i $65.902:: Ii
I $0.0011
II 565.902.50 II.
$3,064.60 Mileage
$659.00 (shipping, repro, photo, etc)
50.00
569.Q26.10 ~
Page 1 011
EXHIBIT B
5:14PM
3/2412006
ESTIMATE OF FEES
Santa Gertrudis Channel Bridge
Construction ServIces
T.Y.Unlnttrnaliotud
3/2412006
ITASK -"tAT~:
I
lcl-lECK BRIDGE CONSTRUCTION STAKING
llNSPFTGEXC
~~=~;~ItEtt~\i/';
CHECK ABUT FOOTING RESARlFORMS
r:l-ASSlFlCATtON
Snr.Bl1dge
COn.t.
~~IIHI'
~1~1l~
T~,",
-
~~
CLASSIFICATION
Snr.Brtdge
Con".
~l_r
S131l.QO
....,
BCE
$95,~__
Trawl
TI~
BCE
ISETHEADWAUS
IINSPECTRAIUNG INSTAllATION I 4.0
hN!lPFCT ARt':HITI':CTIJRAl. F;NCHANCEMENrn ! 4.0
lORY FINISH .~.___ !~~.
IpREPARE & INSPECT PUNCH LIST 16.0
I
I
I AEl.OWORKSUBTOTAL: 145.0
I I
I CONTRAcroR SUBMiTTALS -t
IREVIEW PILE PLACING PLAN
IRl=Vfl'W PRFCA.~T!'lwnP I'lRAW1NCl!l
IREVIEW MISe (CONe MIXES. MAns. ETC\
'REVIEW SCHEOlH.E & UPDATES
I IItSCEUANEOllS
It.4EETING AT'f1';NOANCE
(PREPARE BRIDGE CONSTRUCTION REPORTS
IREVElW MONTHLY PROGRESS PAYMENTS
IRESPOND TO CONTIRE auesTIONs 40.0
IAS_BlJllTREVI!;w 4.0
IPROJECTMANAGEMENT@ 5% 39.0
I OFFICE WORK SUBTOTAL: 83.0
I FIELD WORK SUBTOTAL: 145.0
I TYUNTOTAL: 2211,0
(JIb,""""""""",.
ISuNevlnlJ
ITttsllnB
5.'
430.0 50.0
111.5
..,
....~_.
?l.n
,.
,.,
195.0
. :: ~II-
,., I
~-_._.- _._-~-_.
5.'
,.,
430.0
430.0
,., I ,.,
-j- ,.,
i ,.,
,., ,.,
" "
" ,.,
,., ,.,
,., ,.,
~, "
.., "
39.0 ,.,
'" ,., EO.' ,.,
511.0 111.5 195.0 ",.
.... 111.5 278.0 541.5
TOTAL:
OTHER DIRECT COSTS:
Mlleaaa Calculations
Total Travel Time:
lIme per RT:
MUes per AT:
Total # of Trips:
TolalMiles:
Mileage @ $O.55/m~e:
228.0 II 430.. 115..00 . 111."
MILEAGE:
OOC'S:
PER DlEM/lODGING: HRS
GRAND TOTAL: HRS
MilES
278.0 II
162 HRS
2.5 HRS
140 MilES
64.6
9044 MilES
$4,974.20
MilES
Santa Gertrudls.CM
Tttmeoula2axls
Page 1 of1
EXHIBIT B
....,
BCE
Sll5.00
FEES
COMMENTS
~
,.,
I
I
-1
I
541.5 :
,'-",
".00
$76.792.50
All submlltlll ((lVI(lwlncludlld on Lllllll ValltIV Wasil Bllda,
so.oo,
so_oo,
SO.oo,
".00
,
I,losl Rttms Includ9don L",,,, Vall/lV Wasil BrI00fl
,
so.oo,
SO.OO,
".00
,
SS.2Oll.oo
,
$520.00,
$5.070.00
,
$10.790.00
J[~~~
641.5 II ~.5B2."
$4,974.20 Mileage
$876.00 (shipping, repro, photo, ale)
~_o.oo
$93,432.70
5:14PM
3/2412006
I~-- .
,
II
ITEM NO.8
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
IJIL
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
April 11 , 2006
SUBJECT:
TUMF Reimbursement Agreement - French Valley Parkway
PREPARED BY:
Beryl Yasinosky, Management Analyst
RECOMMENDATION: That the City Council approve the model agreement in the amount of
$7,517,000 forthe Funding of TUMF Regional Arterial Improvements between the Riverside County
Transportation Commission (RCTC) and the City of Temecula for the French Valley Parkway 1-15
Overcrossing and Interchange Project in substantially the same format as attached, and authorize
the City Manager to execute the final agreement in substantially the same format as attached, and
authorize the City Manager to execute the final agreement.
BACKGROUND: In June 2004, the Riverside County Transportation Commission
(RCTC) issued a Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Call for Projects to
member agencies in Western Riverside County. Of the 24 local jurisdictions projects that were
approved as eligible to receive TUMF Regional Funding, the City ofTemecula received approval for
all three of its project submittals; (1) the French Valley Parkway/I-15 Overcrossing and Interchange,
(2) the Interstate 15/State Route 79 Ultimate Interchange, and (3) the Western Bypass Corridor
Alignment Study.
As part of this process, the Commission established a five-year TUMF Regional Arterial Program
from FY 2005-09 and approved the model TUMF Regional Funding Agreement between local
agencies and RCTC for the selected TUMF projects. The purpose of the Agreement between local
agencies is to ensure that the local agencies complete the various phases of the work as detailed in
the project proposals. A separate agreement is required for each project, with funding allocated on
a two-year basis for the various work phases of each project.
The attached model agreement represents the reimbursable costs approved by RCTC as part of the
TUMF Regional Call for Projects for the French Valley Parkway/I-15 Overcrossing and Interchange
Project. Since the reimbursable amounts and construction cost index increases have already been
approved by RCTC, no substantive changes are expected to the model agreement.
FISCAL IMPACT: None. Upon approval and execution of the final agreement, the City
may begin to submit invoices to RCTC for the reimbursement of $7.517 million for design (PS&E)
and right-of-way acquisition costs for the French Valley Parkway/I-15 Overcrossing and Interchange
Project. Pursuant to the terms of the agreement, RCTC will pay the City within 30 days after receipt
of an invoice.
ATTACHMENTS:
TUMF Reimbursement Agreement
Draft 112/15/116
Agreement No. MOO-OOO
AGREEMENT FOR THE FUNDING OF TUMF REGIONAL
ARTERIAL IMPROVEMENTS WITH THE CITY OF TEMECULA
FOR THE FRENCH VALLEY PARKWAY/I-IS OVERCROSSING
AND INTERCHANGE PROJECT
1. Parties and Date.
1.1 This Agreement is executed and entered into this 2006, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and the
City of Temecula, a municipal corporation ("City"). RCTC and City are sometimes collectively
referred to herein as the "Parties".
2. Recitals.
2.1 RCTC is a county transportation commission created and existing pursuant to
California Public Utilities Code Sections 130053 and 130053.5.
2.2 On November 5, 2002 the voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/200) retail transactions and use tax to fund
transportation programs and improvements within the County of Riverside, and adopting the
Riverside County Transportation hnprovement Plan (the "Plan").
2.3 TIle Plan requires cities and the County in western Riverside County to participate in
a Transportation Uniform Mitigation Fee (1UMF) Program to be eligible to receive Local Streets
and Roads funds generated by Measure A.
2.4 The Plan further requires that the first $400 million in revenues from lUMF be made
available to RCTC to fund equally the Regional Arterial System and development of New
Transportation Corridors identified through the Community and EnvirOlilllental Transportation
Acceptability Process (CETAP). To receive lUMF funding, CETAP corridors must also be
designated on the Regional System of Highways and Arterials as established in the October 2002
lUMF Nexus Study, amended in March 2004, and as may be anlended in the future.
2.5 The Western Riverside Council of Governments (WRCOG) has been selected to
administer the overalllUMF Program pursuant to applicable state laws induding Government Code
Sections 66000 et seq. and has entered into a Memorandum of Understanding (MOU) with RCTC
dated July 10, 2003 regarding the allocation of the $400 million in TUMF Regional Funds to be
made available to RCTC for programming.
2.6 RCTC issued to the cities and the County a "Call for Projects" to be funded with
lUMF Regional funds, and in response to the Project Nomination Fornls, took action on September
8,2004 to adopt a five year TUMF Regional Arterial Program which identifies the projects and the
TllMF AGREEMENTS.RCTc.French ValleyParkway
l,t Draft 02/15/06
Draft 112/15/116
maximum funding commitments awarded for specific phases of work. RCTC's lUMF Regional
Arterial Program may be updated from time to time.
2.7 RCTC intends, by this Agreement, to distribute lUMF Regional Funds, subject to the
conditions provided herein, and to participate in the joint development of the Project, as defined
herein.
3. Terms.
3.1 Descrintion of Work. TIlis Agreement is intended to distribute TUMF Regional
Funds to the City for acquisition of necessary right-of-way and PS&E for the French Valley
Parkway/I-IS Overcrossing and Interchange Project ("the Work"). The Work. including a timetable
and a detailed scope of work, is more fully described in Exhibit "A" attached hereto and, pursuant to
Section 3.15 below, is subjectto modification as requested by the City and approved by RCTC. The
Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed
herein as follows:
I) PA&ED Project Approvals & Environmental Document
2) PS&E - Plans, Specifications and Estimates
3) R1W Right of Way Acquisition and Utility Relocation
4) CONS Construction
The Work phase( s) funded pursuant to this Agreement shall be consistent with the City's Call for
Projects Nomination Form submitted to the RCTC ("the Project") and as approved by the RCTC on
September 8, 2004. TIle Project is more fully described in Exhibit "B" attached hereto. It is
understood and agreed that the City shall expend lUMF Regional Funds only as set forth in this
Agreement and only for the Work. To this end, any use of funds provided pursuant to this
Agreement shall be subject to the review and approval of RCTC.
3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms
and conditions set forth herein, a sum not to exceed Seven Million Five Hundred Seventeen
Thousand Dollars ($7,517,000.00) for acquisition of right-of-way and plans, specifications and
estimates work (PS&E), to be used exclusively forreimbursing the City for eligible Work expenses
as described herein ("Funding Amount"). The City acknowledges and agrees that the Funding
Amount may be less than the actual cost of the Work, and that RCTC shall not contribute lUMF
Regional Funds in excess ofthe maximum lUMF share for the phase/project identified in Appendix
F of the lUMF Nexus Study.
3.2.1 Eligible Work Costs. The total Work costs ("Total Work Cost") may include
the following items, provided that such items are included in the scope of work attached as Exhibit
"A": (I) City and/or consultant costs associated with direct Work coordination and support; (2)
funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation
of environmental review documentation for the Work; (4) all costs associated with right-of-way
acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation
TllMF AGREEMENTS.RCTc.French ValleyParkway 2
l,t Draft 02/15/06
Draft 112/15/116
procedures if authorized by the City, and costs of reviewing appraisals and offers for property
acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the
preparation of plans, specifications, and estimates by City or consultants; (7) City costs associated
with bidding, advertising and awarding of the Work contracts; (8) constmction costs, including
change orders to constmction contract approved by the City; and (9) constmctionmanagement, field
inspection and material testing costs.
3.2.1.1 Ricl1t-of- W av Acquisition. The Parties acknowledge that in order to
protect the City's ability to deliver the Proj ect in a cost effective manner, it may purchase parcels of
property in advance ofthe completion ofthe Project's final design (PS&E) by the City that may not
ultimately be required for the Project. As such, the parties agree that unused remnants of acquired
parcels may be created as a result of the Project's final design. Upon completion of the Project's
final design, the City shall provide RCTC with a detailed list of all parcels purchased by the City for
which it received TUMF Regional Funds pursuant to this Agreement. The City shall identify any
parcels or remnants thereof which were acquired using lUMF Regional Funds and are not required
for constmction ofthe Project. A preliminary list shall be submitted to the RCTC 30 days before the
issuance of bid documents for constmction of the Project and a final list shall be submitted to the
RCTC no later than 30 days following the recording of the Certificated of Completion for the
Proj ect.
3.2.1.2 Valuation and Renavment of Anv Pronertv Remnants. Upon receipt
ofthe City's final list, RCTC shall meet with the City for the purpose of identifying any parcel or
reasonably usable remnant of a parcel for which TUMF Regional Funds were expended that may
reasonably be developed for other use by the City and/or sold. The Parties shall confer in good faith
to agree upon the disposition of such parcels and remnant parcels and their fair market value as of a
date agreed to by the parties, but in no event later than the date of completion ofthe Project. "Fair
Market Value" shall have the definition set forth in Code of Civil Procedure Section 1263.320 and
"remnant" shall have the definition set forth in Code of Civil Procedure Section 1240.410. Nothing
herein shall preclude the City and RCTC from beginning the meetings earlier in the event both
parties agree that the parcel or remnant will not be used for the Project.
3.2.1.3 Reimbursement for Unused Parcels. Following recordation of the
Certificate of Completion for the Project, the City shall be responsible for promptly reimbursing
RCTC for any TUMF Regional Funds which were used to acquire parcels which are completely
unused in the Project. rfCity funds other than lUMF were used to purchase the Parcel, those local
funds shall be considered in determining the reimbursement amount.
3.2.1.4 ;'\nneal to Commission. hl the event of a disagreement between the
Parties regarding the reimbursement oflUMF Regional Funds under this section 3.2.1, either party
may appeal, in writing, to the RCTC Board. The RCTC Board's determination regarding excess
right-of-way and value pursuant to this section shall be final.
3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following
items which shall be bome solely by the City without reimbursement: (1) City administrative costs;
TllMF AGREEMENTS.RCTc.French ValleyParkway 3
l,t Draft 02/15/06
Draft 02/15/06
(2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees
attributed to the processing ofthe Work; and (4) expenses for items of work not included within the
scope of work in Exhibit "A".
3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC's sole
discretion, be augmented with additional TUMF Regional Funds if the TUMF Nexus Study is
amended to increase the maximum eligible TUMF share for the Work. Any such increase in the
Funding Amount must be approved in writing by RCTC's Executive Director. In no case shall the
amount of TUMF Regional Funds allocated to the City exceed the then-current maximum eligible
TUMF share for the Work. No such increased funding shall be expended to pay for any Work
already completed. For purposes of this Agreement, the Work or any portion thereof shall be
deemed complete upon its acceptance by RCTC's Executive Director.
3.2.4 No Funding for Temporary hnprovements. Only segments or components of
the Work that are intended to form part of or be integrated into the Work may be funded by TUMF
Regional Funds. No improvement which is temporary in nature, including but not limited to
temporary roads, curbs, or drainage facilities, shall be funded with TUMF Regional Funds except as
needed for staged construction ofthe Work.
3.3 Citv's Funding Obligation to Complete the Work. In the eventthatthe TUMF
Regional Funds allocated to the Work represent less than the total cost of the Work, the City shall
provide such additional funds as may be required to complete the Work as described in Exhibit "A".
3.3.1 Citv's Obligation to Repav TUMF Regional Funds to RCTC. In the event
that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the
Work is not timely completed, subject to any extension oftime granted by RCTC pursuant to Section
3.15; the City agrees that any TUMF Regional Funds that were distributed to the City for the Work
shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a
reasonable repayment schedule and repayment mechanism which may include, but is not limited to,
withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees
that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the
City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal
action to compel repayment, ifthe City fails to repay RCTC within a reasonable time period not to
exceed 180 days from receipt of written notification from RCTC that repayment is required.
3.3.2 Citv's Local Match Contribution. The City shall provide at least Sixteen
Million Two Hundred Twenty Thousand Dollars ($16,220,000.00) of funding toward the Work, as
shown in Exhibit "A" and as called out in the City's Project Nomination Form submitted to RCTC in
response to its Call for Projects.
3.4 Work Responsibilities of the Citv. The City shall be responsible for the following
aspects ofthe Work, in compliance with state and federal law provided that such items are included
in the Project scope of work attached as Exhibit "A": (i) development and approval of plans,
specifications and engineer's estimate (PS&E), environmental clearance, right of way acquisition!
TUMF AGREEMENTS.RCTCFrench ValleyParkway 4
l,t Draft 02/15/06
Draft 112/15/116
and obtaining all pennits required by impacted agencies prior to commencement ofthe Work; (ii) all
aspects of bid ding, awarding, and administration ofthe contracts for the Work; (iii) all construction
management of any construction activities undertaken in connection with the Work, including survey
and material testing; and (iv) development of a budget for the Work prior to award of any contract
for the Work, taking into consideration available funding, including T1.TMF Regional Funds.
3.5 Tenn/Notice ofComnletion. The tenn ofthis Agreement shall be from the date first
herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to
Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully
satisfied its obligations under this Agreement. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination ofthis Agreement.
3.6 Renresentatives ofthe Parties. RCTC's Executive Director, or his or her designee,
shall serve as RCTC's representative and shall have the authority to act on behalf of RCTC for all
purposes under this Agreement. The City hereby designates Shawn D. Nelson, City Manager, or his
or her designee, as the City's representative to RCTC. The City's representative shall have the
authority to act on behalf ofthe City for all purposes under this Agreement and shall coordinate all
activities of the Work under the City's responsibility. The City shall work closely and cooperate
fully with RCTC's representative and any other agencies which may have jurisdiction over or an
interest in the Work.
3.7 Exnenditure of Funds bv Citv Prior to Execution of AQfeement. Nothing in this
Agreement shall be construed to prevent or preclude the City from expending funds on the Work
prior to the execution ofthe Agreement, or from being reimbursed by RCTC for such expenditures.
However, the City understands and acknowledges that any expenditure offunds on the Work prior to
the execution of the Agreement is made at the City's sole risk, and that some expenditures by the
City may not be eligible for reimbursement under this Agreement.
3.8 Review of Services. The City shall allow RCTC's Representative to inspect or
review the progress ofthe Work at any reasonable time in order to determine whether the terms of
this Agreement are being met.
3.9 Termination.
3.9.1 Notice. Either RCTC or City may, by written notice to the other party,
terminate this Agreement, in whole or in part, in response to a material breach hereof by the other
Party, by giving written notice to the other party of such tennination and specifying the effective date
thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30
day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
3.9.2 Effect of Termination. In the event that the City terminates this Agreement,
the City shall, within 180 days, repay to RCTC in full alllUMF Regional Funds provided to the City
under this Agreement. hl the event that RCTC tenninates this Agreement, RCTC shall, within 90
days, distribute to the City lUMF Regional Funds in an aIllount equal to the aggregate total of all
TllMF AGREEMENTS.RCTc.French ValleyParkway 5
l,t Draft 02/15/06
Draft 112/15/116
unpaid invoices which have been received from the City regarding the Work at the time ofthe notice
oftermination; provided, however, that RCTC shall be entitled to exercise its rights under Section
3.14.2, including but not limited to conducting a review of the invoices and requesting additional
infonnation. This Agreement shall tenninate upon receipt by the non-tenninating Party of the
amounts due it under this Section 3.9.2.
3.9.3 Cumulative Remedies. TIle rights and remedies ofthe Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this Agreement.
3.10 Prevailing Wages. The City and any other person or entity hired to perfonn services
on the Work are alerted to the requirements of California Labor Code Sections 1770 et ~., which
would require the payment of prevailing wages were the services or any portion thereof determined
to be a public work, as defined therein. TIle City shall ensure compliance with these prevailing wage
requirements by any person or entity hired to perform the Work. The City shall defend, indemnify,
and hold hannless RCTC, its officers, employees, consultants, and agents from any claim or liability,
including without limitation attorneys, fees, arising from its failure or alleged failure to comply with
California Labor Code Sections 1770 et~.
3.11 Progress ReDorts. RCTC may request the City to provide RCTC with progress reports
concerning the status of the Work.
3.12 hldemnification.
3.12.1 Citv ResDonsibilities. In addition to the indemnification required under
Section 3.10, the City agrees to indemnify and hold harnlless RCTC, its officers, agents, consultants,
and employees from any and all claims, demands, costs or liability arising from or connected with all
activities governed by this Agreement including all design and construction activities, due to
negligent acts, errors or omissions or willful misconduct ofthe City or its subcontractors. TIle City
will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC,
in defending against claims ultimately determined to be due to negligent acts, errors or omissions or
willful misconduct ofthe City.
3.12.2 RCTC ResDonsibilities. RCTC agrees to indemnify and hold hannless the
City, its officers, agents, consultants, and employees from any and all claims, demands, costs or
liability arising from or connected with all activities governed by this Agreement including all design
and construction activities, due to negligent acts, errors or omissions or willful misconduct ofRCTC
or its sub-consultants. RCTC will reimburse the City for any expenditures, including reasonable
attorneys' fees, incurred by the City, in defending against claims ultimately determined to be due to
negligent acts, errors or omissions or willful misconduct ofRCTC.
3.12.3 Effect of AcceDtance. The City shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Work.
RCTC's review, acceptance or funding of any services perfornled by the City or any other person or
entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may
TllMF AGREEMENTS.RCTc.French ValleyParkway 6
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Draft 112/15/116
hold under this Agreement or of any cause of action arising out ofthis Agreement. Further, the City
shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC
caused by the City's negligent performance of this Agreement or supervision of any services
provided to complete the Work.
3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to
perfonn the Work to obtain, and require their subcontractors to obtain, insurance ofthe types and in
the amounts described below and satisfactory to the City and RCTC. Such insurance shall be
maintained throughout the term of this Agreement, or until completion of the Work, whichever
occurs last.
3.13.1 Commercial General Liabilitv Insurance. Occurrence version commercial
general liability insurance or equivalent fonn with a combined single limit of not less than
$1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply
separately to the Work or be no less than two times the occurrence limit. Such insurance shall:
3.13.1.1 Name RCTC and City, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
Work and shall contain no special limitations on the scope of coverage or the protection afforded to
these insured;
3.13.1.2 Be primary with respect to any insurance or self insurance
programs covering RCTC and City, and/ortheirrespective officials, officers, employees, agents, and
consultants; and
3.13.1.3
Contain standard separation of insured provisions.
3.13.2 Business Automobile Liabilitv hlsurance. Business automobile liability
insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per
occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
3.13.3 Professional Liabilitv Insurance. Errors and omissions liability insurance with
a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design
or engineering professionals.
3.13.4 Workers' Comoensation Insurance. Workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each
accident.
3.14 Procedures for Distribution of TUMF Regional Funds to Citv.
3.14.1 Initial Pavment bvthe Citv. The City shall be responsible for initial payment
of all the Work costs as they are incurred. Following payment of such Work costs, the City shall
submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be
TllMF AGREEMENTS.RCTc.French ValleyParkway 7
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Draft 112/15/116
accompanied by detailed contractor invoices, or other demands for payment addressed to the City,
and documents evidencing the City's payment of the invoices or demands for payment. The City
shall submit invoices not more often than monthly and not less often than quarterly.
3.14.2 Review and Reimbursement bv RCTC. Upon receipt of an invoice from the
City, RCTC may request additional documentation or explanation of the Work costs for which
reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30)
days. In the event that RCTC disputes the eligibility ofthe City for reimbursement of all or a portion
of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the
meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC's
decision as to the eligibility of one or more invoices to RCTC's Executive Director. The City may
appeal the decision ofthe Executive Director to the full RCTC Board, the decision of which shall be
final. Additional details concemingthe procedure for the City's submittal of invoices to RCTC and
RCTC's consideration and payment of submitted invoices are set forth in Exhibit "C", attached
hereto.
3 .14. 3 Funding Amount/ Adiustment. If a post Work audit or review indicates that
RCTC has provided reimbursement to the City in an amount in excess of the maximum eligible
lUMF share ofthe Work, as detemlined by the TUMF N eJ\.l.1S Study, or has provided reimbursement
of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within
30 days of notification by RCTC.
3.15 Work Amendments. Changes to the characteristics of the Work, including the
deadline for Work completion, and any responsibilities of the City or RCTC may be requested in
writing by the City and are subject to the approval ofRCTC's Representative, which approval will
not be unreasonably withheld, provided that eJ\.1:ensions oftime for completion ofthe Work shall be
approved in the sole discretion of RCTC's Representative. Nothing in this Agreement shall be
constmed to require or allow completion ofthe Work without full compliance with the Califomia
Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the
National Environmental Policy Act of1969 (42 USC 4231 et seq.), but the necessity of compliance
with CEQA and NEP A shall not justify, excuse, or pemlit a delay in completion ofthe Work.
3.16 Conflict of Interest. For the term ofthis Agreement, no member, officer or employee
ofthe City or RCTC, during the teml of his or her service with the City or RCTC, as the case may
be, shall have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.17 Limited ScoDe of Duties. RCTC's and the City's duties and obligations under this
Agreement are limited to those described herein. RCTC has no obligation with respect to the safety
of any Work perfomled at a job site. hl addition, RCTC shall not be liable for any action of City or
its contractors relating to the condemnation of property undertaken by City or constmction related to
the Work.
TllMF AGREEMENTS.RCTc.French ValleyParkway 8
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Draft 112/15/116
3.18 Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Work under this Agreement. They shall
make available for examination by the other party, its authorized agents, officers or employees any
and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or related to the expenditures and disbursements charged to the other party
pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each
party shall fumish to the other party, its agents or employees such other evidence or infomlation as
they may require with respect to any such expense or disbursement charged by them. All such
information shall be retained by the Parties for at least three (3) years following termination ofthis
Agreement, and they shall have access to such infomlation during the three-year period for the
purposes of examination or audit.
3.19 Euual Onnortunitv Emnlovment. TIle Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant of reemployment
because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination.
3.20 GovemilH! Law. TIlis Agreement shall be govemed by and construed with the laws of
the State of Califomia.
3.21 Attomevs' Fees. If either party commences an action against the other party arising
out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attomeys' fees and costs of suit.
3.22 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.23 Headings. Article and Section Headings, paragraph captions or marginal headings
contained in this Agreement are for convenience only and shall have no effect in the construction or
interpretation of any provision herein.
3.24 Notification. All notices hereunder and communications regarding interpretation of
the temlS ofthe Agreement or changes thereto shall be provided by the mailing thereof by registered
or certified mail, retum receipt requested, postage prepaid and addressed as follows:
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
RCTC
Riverside County Transportation Commission
4080 Lemon, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92502-2208
ATTN: Shawn D. Nelson
City Manager
TllMF AGREEMENTS.RCTc.French ValleyParkway
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ATTN: Executive Director
9
Draft 112/15/116
Any notice so given shall be considered served on the other party three (3) days after deposit
in the 1.1. S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred
regardless of the method of service.
3.25 Conflictil1Q: Provisions. hl the event that provisions of any attached appendices or
exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and
conditions contained in this Agreement shall control the actions and obligations ofthe Parties and
the interpretation of the Parties' understanding concerning the perfornlance ofthe Services.
3.26 Contract Amendment. In the event that the Parties determine that the provisions of
this Agreement should be altered, the Parties may execute a contract anlendment to add any
provision to this Agreement, or delete or amend any provision ofthis Agreement. All such contract
amendments must be in the form of a written instrument signed by the original signatories to this
Agreement, or their successors or designees.
3.27 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties relating to the subject matter hereof and supersedes any previous agreements or
understandings.
3.28 Validitv of A2:feement. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision ofthis Agreement.
3.29 hldenendent Contractors. Any person or entities retained by the City or any
contractor shall be retained on an independent contractor basis and shall not be employees of
RCTC. Any personnel performing services on the Work shall at all times be under the exclusive
direction and control ofthe City or contractor, whichever is applicable. TIle City or contractor shall
pay all wages, salaries and other amounts due such personnel in connection with their performance
of services on the Work and as required by law. The City or consultant shall be responsible for all
reports and obligations respecting such personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance and workers' compensation insurance.
RIVERSIDE COUNTY CITY OF TEMECULA
TRANSPORTATION COMMISSION
By: By:
Robin Lowe, Chairperson Shawn D. Nelson, City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
TllMF AGREEMENTS.RCTc.French ValleyParkway 10
l,t Draft 02/15/06
By:
Best, Best & Krieger
Counsel to the Riverside County
Transportation Commission
TllMF AGREEMENTS.RCTc.French ValleyParkway
l,t Draft 02/15/06
By:
11
Peter 111Orson,
City Attorney
Draft 112/15/116
Draft 112/15/116
EXHIBIT "A"
SCOPE OF WORK,
FUNDING AND TIMETABLE
FRENCH VALLEY P ARK'W A Y /1-15 OVERCROSSING
AND INTERCHANGE PROJECT
SCOPE OF WORK: Detail the Phase(s) of Work to be perfonned under this Agreement. (Note:
Detail the full Project description on Exhibit B.) Provide specific infonnation regarding the Work to
be performed, identify the reaches ofthe work and include a general location map and site map, if
applicable. For guidance in developing this Exhibit, please refer to Exhibit A-I.
The Scope of Work under this Agreement is for the Plans, Specifications and
Engineer's Estimates (PS&E) and Right-of-Way Acquisition for the French Valley
Parkway/I-IS Overcrossing and hlterchange Project at the 1-15/1-215 split on the
border of the Cities of Murrieta and Temecula. The Project follows the
recommendation ofthe Caltrans approved Project Study Report as Altemative (4).
FUNDING: Identify TUMF, local, state and/or federal funding for each Phase of Work. Delete
those Phase which are not part ofthis Agreement.
I PHASE lUMF LOCAL* TOTAL
I PS&E $2,000,000 $200,000 $2,200,000
I RIGHT OF WAY $5,517,000 $16,000,000 $21,517,000
I TOTAL $7,517,000 $16,200,000 $23,717,000
*F or purposes of this Exhibit, !ne "L( )\:AL" share amount includes Measure A funds; Harveston \:FD funds; \:apital
Project Reserve funds; and Development Impact Fees.
TIMET ABLE: Provide at a minimum the beginning and ending dates for each phase of work
including major milestones within a phase.
D PS&E:
Phase I Design is in process with estimated completion by 8/08
Entire Project Design is expected to begin by 6/06
D Right-or-Way:
5000 ofthe necessary right-of-way has been acquired.
All remaining right-of-way is in process and expected by 12/07.
TllMF AGREEMENTS.RCTc.French ValleyParkway
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Draft 112/15/116
EXHIBIT "A-I"
GUIDANCE for COMPLETION OF EXHIBIT A
TIle following list of items generally identified as eligible or ineligible for TUMF Regional Funding
reimbursement are consistent with those used to develop the costs for improvements in the first
NEXUS Study prepared by WRCOG.
hl general, all improvements, with the exception of sidewalks, must be within the curbs of the
roadway and ex1:end no further than the curb returns at intersections. In addition, all improvements
on or connecting to interstate and state route facilities shall be consistent with Caltrans Highway
Design Manual standards.
Items which are typically considered eligible include:
D Asphalt concrete pavement, up to 16' per lane, to accomplish a 12' travel lane and
ancillary treatment and appropriate base materials
D Concrete curb and gutter and associated drainage - paved roadway shoulders and
swale may be used as a substitute
D Class II Bike Lanes
D Paved and painted 14' median, may be used as a dual left turn lanes
D Traffic signals at intersections with state highways and major arterials which are
also on the lUMF Network
D Pavement striping and roadway signing as required.
Items which are not typically considered eligible include:
D Portland Cement pavement or other aesthetic pavement types (except at
intersections)
D Major rehabilitation or overlay of existing pavement in adjacent roadway lanes
D Raised Medians
D Parking Lanes
D Landscaping
D Lighting
D Class I Bike Lanes
TllMF AGREEMENTS.RCTc.French ValleyParkway 2
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Draft 112/15/116
EXHIBIT "B"
"PROJECT'DESCRIPTION, FUNDING AND MILESTONES
FRENCH VALLEY P ARKW A Y /1-15 OVERCROSSING
AND INTERCHANGE PROJECT
PROJECT DESCRIPTION: Detail the full Project including the work identified in Exhibit A of
this Agreement. TIle Project description should be consistent with the local jurisdiction's Project
Nomination FOITn originally submitted in response to RCTC's Call for Projects. Provide specific
information regarding the Work to be performed, identify the reaches of the work and include a
general location map and site map.
The French Valley Parkway/I-IS Overcrossing and Interchange Project provides for
the constmction of a new freeway interchange on I-IS between the existing
Winchester Road hlterchange and the 1-15/1-215 freeway split on the border ofthe
cities of Murrieta and Temecula. The project follows the recommendation of the
Caltrans approved Project Study Report as Altemative (4). TIlis proposal consists of
the constmction of a collector/distributor (CD) system where the access from the
existing Winchester Road Interchange and the Project to the I-IS and 1-215 freeways
is by way of a CD. Major elements ofthe work include the constmction of a freeway
overcrossing for the proposed interchange; High Occupancy Vehicle (HOV) lanes
and CD lanes; constmction of braided ramps between Winchester Road and the
proposed new interchange for both the northbound and southbound directions; and
the constmction of a by-pass exist ranlp in the southbound direction north of the 1-
15/1-215 freeway junction to French Valley Parkway.
FUNDING: Identify TUMF, local, state and/or federal funding for each Phase of Work.
I PHASE lUMF LOCAL* TOTAL
I PA&ED $0 $1,987,000 $1,987,000
I PS&E $2,000,000 $200,000 $2,200,000
I RIGHT OF WAY $5,517,000 $16,000,000 $2L517,OOO
I CONSTRUCTION $20,000,000 $30,000,000 $50,000,000
I TOTAL $27,517,000 $48,187,000 $75,704,000
*As of the date oftms Agreement, the "L( )"AL" share amount is not fully funded for tne entire project. It is anticipated
that an additional $2i i million in TllMF funding will be available for this project through the 2i illS Ne;o,:us Update.
TllMF AGREEMENTS.RCTc.French ValleyParkway 3
1 " Draft 02/15/06
Draft 112/15/116
MILESTONES - provide a list of phases and milestones for completion ofthe improvements and
estimated dates when each is expected to be accomplished.
D Preliminary Study Report - aooroved by Caitrans - May 2003
D Enviromnental (NEPA/CEPA) - underway; estimated completion by - August 2006
D Final Design Proposal (PS&E) - underway
Phase I design - est. completion by 8/06
Entire Proiect design begins 6106, est. completion by 12/07
D Right -of-Way Acquisition - Ongoing
5000 of ROW has been acquired
ROW for entire project underway and expected by 12/07
D Utility Relocation - (est.) December 2007
D Construction - Ongoing
Phase I construction to begin by 10/06
Entire Project to begin early 2008
Tl.1MF AGREEMENTS.RC'TC'.French ValleyParkway 4
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I~-- .
,
II
ITEM NO.9
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
V
/J~
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
April 11 , 2006
SUBJECT:
Completion and Acceptance of the Construction Contract for the Winchester
Road Widening at Jefferson Avenue, Project No. PWOO-27
PREPARED BY:
Amer Attar, Principal Engineer
Jon Salazar, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Accept the project, Winchester Road Widening at Jefferson Avenue, Project No.
PWOO-27 as complete; and
2. Accept the new improvements into the City-maintained street system; and
3. File a Notice of Completion, release the Performance Bond, and accept a one year
Maintenance Bond in the amount of 10% of the contract amount; and
4. Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
BACKGROUND: On August 24, 2004, the City Council awarded a construction contract to
Riverside Construction Company in the amount of $1,607,570.00 and authorized the City Manager
to approve change orders within the 10% contingency of $160,757.00.
The project consists of street widening; modification of the existing median; construction of retaining
walls, commercial driveway approaches, curb and gutter, and landscaping on Winchester Road, and
street widening; construction of median islands, commercial driveway approaches, curb and gutter,
and landscaping on the parkway on Jefferson Avenue.
The contractor has completed the work in accordance with the approved plans and specifications,
and to the satisfaction of the City Engineer. The retention for this project is being released pursuant
to the provisions in Public Contract Code Section 7107.
FISCAL IMPACT: The Winchester Road Widening Project is a Capital Improvement Program
Project, funded with Development Impact Fees-Public Facilities and Capital Project Reserves. An
appropriation of $775,000.00 from Capital Reserves was necessary to coverthe construction costs.
During the course of the contract, five change orders resulted in a net contract increase of
$155,364.42, and reductions in estimated versus field measured quantities resulted in a net
decrease of $108,586.96, bringing the final contract total to $1,654,347.46.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit and Final Release
flECaRDING REaUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecule. CA 92589-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1 . The City of T emecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. The Nature of Interest is a Contract which was awarded by the City of Temecula to
Riverside Construction Company, 111 N. Main St.. Riverside, CA 92501 to perform the fOllowing work
of improvement:
WINCHESTER ROAD WIDENING
Project No. PWOO-27
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 11th day of
April, 2006. That upon said contract the Fidelity and Deposit Company of Maryland 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:
Winchester Road Widening, Project No. PWOO-27
6. The location of said property is: Winchester Road, Temecula, California
Dated at Temecula, California, this 11'h day of April 2006.
City of T emecula
Susan W. Jones MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 11th day of April, 2006.
City of Temecula
Susan W. Jones MMC, City Clerk
R:\CIP\PROJECTS\PWQO\OO-27 Winchester Widening\AgendaReports\COMPLETION NOTE.doc Form
; - .~
';i
l'/JND il 869(',gf?9l'! '
CllY OF lEMECULA, P!JBUC WORKS DEPARTMENT
:. ,;, ',:.{, -'
MAltITENANCE BOND
;FQ~ .
PROJECT NO. PWOD-Z7
WlNCHESTEfi ROAD WIDENING
KNOW A1J. PERSONS BY THESE PRE$EN1;THAT:
RIVERSIDE uA'''"WcrlOO ro1PA\'l,lll N. MAlNSf., RIVERST})f.'. P. 9~'Il.l
.... NAME ANu ADDRESS'CONTRAOTOR'S
.
, hereinafter called PrInCipal, and
a wt\r\J!."ATlOO
(fIIin_II1eI.~_.Potl1leltilllpCJ:~
I .li;,
FIDET,rl'V AND DEPOSTT CfMP^!'Y flF M(lllY'^"l'l lj[!,1 N. BRAN!"] \'T"1l r:I.mmATJ<' C^ 01?":,\
NAMe ANCJ AODRESS OF SURETY
;
hereinafter called SURETY. are /leld ancl.firmly bOund,ul\tO CITY OF TEMECULA.
hereinafter called OWNER, in the penal sum,:of . OOE RlJWB&' ~Trrv "':'nrTSAND /YIlT ^II~ c"'"llL-
fWl'V Sl"TFN OOl)ARS .DOlLARSand, m/1f"{1.':" - - - - CENTS
($ lnO.7..:i,"(.OO lln lawful money of the 'United Statts, said sum being not less than ten
(10%) of the Contract value payable by the Said City Of Temeoula under the terrnsof the
Contract, for the payment of whic~. we ,bi(lcl.qu~sej\leS, successors, and assigns, Jointly and
severally, firmly by these presents. ,. ,,::,.;,,' , .
THE CONDITION OF THIS OBUGATION Is sUCh Ihat whereas. the Principal entered Into a
certain Comract with the OWNER. datelf1h'e: 24TH'. , . day at In(;ll~ . 2Q04, a copy
of whIch IS hereto attached and made a part hereof for the constructiQrl of PROJECT NO.
PWDo-27, WINChI:...ICR ROAJ)WIDENING.. .<
WHEREAS, said Oonllact provides thatit!ei:>riridpal Will furnish a bond CQI1d111oned to guarantee
for the period of mm (1) year 8fter approval of-tie final eslimate on said Job, by the OWNER.
against all defects In wor\....."",,;,/p and malelialswhich ma)'beeome apparent during said perIod;
and ,. ;.'!
WHEREAS, the said Contract has been cOrrij)IElted; and ~:the final esllmllt& approved on_
, .2004. : i: :.i ~ ,.
" ;,.11 ; ~.,.'
HOW, nfEREFORE. THE CONDnlON OF THIS OBLlGATlON IS SUCH, thai if within one year
from lh8 date of approval of the fin'" estimate on said job p!Jrsuant to the contract, the work done
~c:ler the terms of said Contract shall dl~":,;_ ppor wprkmanshlp in !he exeQJtlon of &aid work,
and the carrying out of the terms of said e~..;,....~ pr it shall appear that defeclive materials were
fumlshed thereunder, then this obligation shall remain In full force and virtue, otherwise this
instrument shaD be void. ., , ,;:j
As a part of the obliQatlon secured Mreby akt:iri addition to the face amountspecilied, costs and
reasonable expenses and fees shall be included, including reasonable atlcmey's fees incurred by
t~ City of Temecula In euCll8ssfully enfor~ tms obliga1ion, all to be taxed as costs and
; In~8d in any Judgment rendered. .-
.
.'(.i. .,
WlIIrE>/AlCE IlCJIO
11-1 Fl:\ClI'\P~21Wh:11os1lr\'f~.dOC.dGl
Thlj:?urety hen~by stipulates and agreeslhat no change, extension of t1me. alteration, or addition
to me terms of the Contrac:t. or to the work to be parfanned thereunder. at to the speoiflcatlons
accompanying the same, shaD in any way aflectlts obligations on this bond. and It does hereby
waIve not/pa of any SUch change, extension of time. al;".c.t:~... or addillon to the terms of the
Contract, or to the work, or to the Specifications.
Signed and sealed this -.Jbl11
day of FEBRUARY
. ~ 2006
(Seal)
.
~
p~ ~'
a~ M~}M ..~
DONALD M. PIM
.pJj'l~'nRN'1'
KFN1' 1'. ROBERTS
(Name)
Au.v",""'( IN FACr
(11U..)
(Nerne)
Pele, M. ThoISOl\ CiIy AIIomoy
{TIde) J"\lI
By:. /'d.r be ~
/ 6>nI~. c?~
{Namal
$~~'
(TIlle) I
APPROVED AS TO FORM:
MAlNTENANGEeONIl
10M R.'.CIPlPAOJ.~27WIlld\eSt"\'fidolling\SpeOlJcalioi1s'1l1d_dOl
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BAt TlMORE. MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIOELITY ANO DEPOSIT COMPANY OF MARYLAND, a corporation of the
State of Maryland, by C. M. PECOT, JR. ,Vice-President, and C. W. ROBBINS
Assistant Secretary. in pursuance of authority granted by Article VI, Section 2, of the By.Laws of said Company, which
reads as follows:
"The Chairman of the Board. or the President, or any Executive Vice-President. or any of the Senior Vice-Presidents or Vice-Presidents
specially authorized so to do by the Board of Directors or by the Executive Committee. shall have power. by and with the concurrence of the Secretary
or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the
Company may require, or to authorize any person or persons to execute on bebalf of the Company any bonds, undertakings, recognizances,
stipulations, policies, contracts, agreements, deeds, and releases and assignmen~ judgements. d~~es, mortgages and instruments in the nature of
mortgages.... and to affix the seal of the Company thereto." ~ /'-r,~?;$l
does hereby nominate constitute and appoint Kent T. ~rts ~~adena, California......_
/>-~ /O~W'
~(S true and lawful agent and Attorney-in-Fact, to m:~cut.e, se~~liver, for, and on its behalf as surety, and as
Its act and deed: any and all bonds and ~tak1~............................. ~
"'~ .
And the execution of such bonds or un~gs in ~l:1;:~ce of these presents, shall he as hinding upon said
Company, as fully and amply, to all inte~~urpo~).'g if they had been duly executed and acknowledged by the
regularly elected officers of the co~at its ~~altimore, Md., in their own proper persons.
~
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The said Assistant Secretary does hereby cert~he aforegoing is a true copy of Article VI, Section 2, of the By.Laws of said Company, and is
now in force. ~~.
IN WITNESS WHEREOF, the said Vice>:President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIOELITY ANO DEPOSIT COMPANY OF MARYLAND, this ...n...J:r.(L.......n.n.....day
of ..............p.g.9.!'!!!\!1g.L.n..........nnn...' A.D. 19n~.Qnn
FIDELITY AND DEPOSIT COMPANY OF MAR
STATE OF MARYLAND
an OF BALTIMORE
Assistant Secretary
C (J...) Q On '
_.._....__.........__.....d.._...~............
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On this 3rd day of December ,A.D. 1986 . before the subscriber, a Notary Public of the State of Maryland. in
and for the City of Baltimore, duly commissioned and qualified, came the above. named Vice.President and Assistant Secretary of the FIDEUTY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and wbo executed the preceding instrument.
and tbey each ack.nowledged the execution of the same. and being by me duly sworn, severally and each for himself deposeth and saith. that they are
the said officers of the Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that tbe
said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
IN TEsTIMONY WHEREOF, I have he..un.o sel~d affixed hy Offi.;a&~iIY jBalIimo.., Ihe day and ye", fi,,1 ahove w,illen.
10' ......... ~~.:~eft.mi......j:<i.9.ii.
~"E e\ N tary Pubh o~;i~n ExpIres .....m.y_____'.......m....
CERTIFICATE
I, the undersigned, Assistant Secretary of the FlDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that the original Power of
Attorney of which the foregoing is a full, true and correct copy. is in full force and effect on the date of this certificate; arid I do further certify that tbe
Vice-President who executed the said Power of Attorney was one; of the additional Vice-Presidents specially authorized by the Board of Directors to
appoint any Attorney-in.Fact as provided in Article VI. Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of 1uly,1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company. whether made heretofore or
hereafter, wherever appearing upon a certified copy of any ~ower of attorney issued by the Company. shall be valid and binding upon the Company
with tbe same force and effect as though manually affixed. '
IN TEsTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate sea) of the sai4 Company, this...16THm........ day
of n..FE.6E!JSJlX..........n................... 2QQfL
LI42&_<<<. -0] 2
AssUtant Secretary
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PWOO-27
WINCHESTER ROAD WIDENING
fl.'vG.f-S,OE.. Go1VS,f-vunotV
This is to certify that Co r-\ e ~ ; ,r-J"C _ . ,(hereinafter the "CONTRACTOR") declares
to the City of Temecula, under oath, that he/shelit 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. PWOO-27,
WINCHESTER ROAD WIDENING, situated in the City of Temecula, State of California, more
particularly described as follows:
~~ vU\<--JVVrt.Sl~?- ~o. ~ ~~rre+-Sol\J ptVVJv f-
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK
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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 97100, the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
CONTRACTOR
Dated: b'3 - 0'1- 0 (0
Av---- ~ "cffi:::,
By:
Signature
<:oe:-c>f..-<.,e-- j. O~JO - S~c..?x;:p~.f.-y
Print Name and Title I
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AElEASE
A-t A:\CIPlPROJECTS\PwOO'OO-27 Winchester Widening\Specificationslbid.doc.dot
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ITEM NO.1 0
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
April 11 , 2006
SUBJECT:
Completion and Acceptance of the Rainbow Canyon Guardrail Installation and
Replacement, Project No. PW02-18
Federal Project No. STPLHG-5459(016)
PREPARED BY:
Amer Attar, Principal Engineer
Avlin R. Odviar, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Accept the construction of the Rainbow Canyon Guardrail Installation and
Replacement, Project No. PW02-18, as complete and;
2. Accept the new improvements into the City maintained street system and;
3. Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the
contract amount and;
4. Release the Materials and Labor Bond seven months after the filing of the Notice of
Completion if no liens have been filed.
BACKGROUND: On November 22, 2005, the City Council awarded a construction
contract for Project No. PW02-18, Rainbow Canyon Guardrail Installation and Replacement, to D.C.
Hubbs Construction of Yucaipa, California in the amount of $245,325.00.
The project removed existing metal beam guard rail (MBGR) along Rainbow Canyon Road between
the Temecula Creek Golf Course and the southerly City limit. New MBGR was installed with
terminal systems and reflectors.
The Contractor has completed the work to the satisfaction of the Director of Public Works/City
Engineer, and all work will have a warranty for a period of one (1) year from the date of acceptance
by the City.
The final construction contract amount is $267,732.85. The construction retention will be released
on or about thirty-five (35) days after the Notice of Completion has been recorded.
FISCAL IMPACT: The Rainbow Canyon Guardrail Installation and Replacement project
is a Capital Improvement Projectfunded through the Hazard Elimination Safety Program. The base
amount of the construction contract was $254,325.00. Two contract change orders were issued in
the amounts of $15,525.00 and $7,500.00. The total quantity for bid item 4 was not needed, while
the quantities for bid items 5 and 7 were exceeded. The net result of quantity imbalances is a
decrease of $617.15. Thus, the final construction contract amount is $267,732.85.
ATTACHMENTS:
1. Contractor's Affidavit and Final Release
2. Maintenance Bond
3. Notice of Completion
CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW02-18
GUARD RAIL INSTALLATION AND REPLACEMENT
RAINBOW CANYON ROAD
FEDERAL PROJECT NO. STPLHG-5459(016)
This is to certify thatD ,c.. 1-1-. J/-J.,s 6) ns+: ,(hereinafter the "CONTRACTOR") declares
to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor,
services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents, employees or subcontractors used or in contribution to the
execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, or repair of that certain work of improvement known as PROJECT NO. PW02-18,
GUARD RAIL INSTALLATION AND REPLACEMENT, RAINBOW CANYON ROAD, FEDERAL
PROJECT NO. STPLHG-5459(016), situated in the City of Temecula, State of California, more
particularly described as follows:
~G.;AhClJ') C"X1YOJl t!.tcd r?IAJOri,-J'l
INSERT ADDItESS OR DESCRIBE lOCATION OF WORK HERE
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR.
Further, in connection with the final payment of the Contract, the CONTRACTOR hereby
disputes the following amounts:
Description
Dollar Amount to Dispute
.-8-
Pursuant to Public Contract Code 37100, the CONTRACTOR does hereby fully release and
acquit the City of T emecula and all agents and ernployees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
Dated:, S -.;l. 7-()(,
CONTRA~R _ /;/
By:~~~d-
~ Signature
{J".-hn'-!r'. Nllhbs (Jt1J~r
Print Name and Title
RELEASE
R-1
A:'ClPJ'fOJECTS'f'W02'0PW02-18Rairb:ll'vCanyonGu< :":",,,._~'n""":18t1peCS{FEDONLY).00c
Bond Number: 661115630-M
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
PROJECT NO. PWO:MB
GUARD RAIL INSTALLA nON AND REPLACEMENT
RAINBOW CANYON ROAD
FEDERAL PROJECT NO. STPLHG-5459(016)
KNOW ALL PERSONS BY THESE PRESENT THAT:
D.C. HUBBS CONSTRUCTION 37306 VISTA VIEW Dr. YUCAIPA, CA 92399
NAMe AND ADDReSS CONTRACTOR'S
a INDIVIDUAL
(fill in whether. ColpOratian. Partnership ar individual)
, hereinafter called Principal, and
LINCOLN GENERAL INSURANCE COMPANY, 701 B STREET. SUITE 2100. SAN DIEGO. CA 92101-8197
NAME AND ADDRESS OF SURETY .
hereinafter called SURETY, are held and firmly bound unto CITY Or: TEMECULA,
hereinafter called OWNER, in the penal sum of TWENTY-SIX THOUSAND AND EIGHT HUNDRED
THIRTY-FIVE----------------------------------------~LARS and ZERO CENTS
($ 26..835----- }-In lawful money of the United States, said sum being not less than ten
(10%) of the Contract value payable by the said City of Temecula under the terms of the
Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered Into a
certain Contract with the OWNER, dated the ~ +- day of N(J/J"-.mhu; 2005" a copy
of which is hereto attached and made a part hereof for the construction of PROJECT NO.'PW02-
18, GUARD RAI.. INSTALLATION AND REPI..A.CEMENT. RAINBOW CANYON ROAD,
FEDERAL PROJECT NO. STPlHG-5459(016).
WHEREAS, said Contract prOVides that the Principal will furnish a bond conditioned to guarantee
for the period of one (1) year after approval of the final estimate on said job, by the OWNER,
against all defects in workmanship and materials which may became apparent during said period;
and
WHEREAS. the said Contract has been completed, and was the final estimate approved on_
.#A-{,/. // ,2006
NOW, THEREFORe, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within ona year
from the date of approval of the final estimate on said job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor workmanship in the execution of said work,
and the carrying out of the terms of said Contract, or it shall appear that defective materials were
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 specified, costs and
reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by
the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and
included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the terms of the Contract, or to the work to be perfonned thereunder, or to the speclfications
accompanying the same, shall in any way affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration, or addition to the terms of the
Contract, or to the work, or to the Specifications.
Signed and sealed this 14TH
day of MARCH
,2006
(Seal)
S
By:
PRlNCIPAI.,/ ./':: ~/
-By: k~~
DroV1n f"(' /Mhs
(Name}
r)u.Jn f'.Y"
(Title)
By:
APPROVED AS TO FORM:
(Name)
Peter M. Thorson. City Altorney
(l1t1e)
~
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and llIlooint:
Philip E. Vega, Frank Morones
its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed Tbree Million Dollars (53,000,000) and to bind it thereby as
fully and to tbe same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of
said Attorney, pursuant to the authority hereby given are bereby ratified and confinned.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals onder
autliority of the following resolutions edopted by the Board of Directors of Lincoln General Insurance Company on the 4~ day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attorney(s)-in-Fact to dste, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER that the signatures ofthe officers making the appointment, and the signature of any officer certifYing
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company bas caused its corpora
be signed by its duly authorized officers this 4th day Rl\li\llIblmilf6l. 2002.
~ #~~..~~~!J'<:~~
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Attest: ~//. . _ ~ ~.... ~ORAre8. '.1'0%
Gary~ary tfJ{ <,0 - ~ \~g
"Z: 1977 ,()"
The Commonwealth of Pennsylvania % ..J '..0 _ .:ff i /
York County ~ 9:)'" <>4'IVSYL'I,,~,'l-""li ,f
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On this 4th day of September, 2002, before me'l"'ij,~?nall~cam~ C. Bhojwani, to me Iatown, who being duly sworn, did
depose and say: that he is the President of the CorpWfloliA""1WII~~~ in and which executed the above instrument: that he Iatows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and
deed.
, ,~ ; .; . '
-'-
The Commonwealth of Pennsylvania
York County
Notalialsaal~"" ~~
Catherine Marie Loose, Notary . .
Sprfngattsbury Twp., York C ..i ~
My CommiSSion Expires June 1 Notary Pubil' -
I, Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthennore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now "in force.
%!irlNEJ.S ~ERBRrA~e~e hereunto set my h'!!'8o'll'd affixed the seal of said Company, at Y orl<, Pennsylvania, this
y ^ \",\:.~1Il"'UIJJI!1.
~t'#~..~~~!!- 'IQ~"
!~""&Qi'.Are,,~%
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
~
State of California
County of Orange
On March 14 ,2006
before me, PHILIP VEGA, NOTARY PUBLIC
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared FRANK MORONES
Name(s) of Signer(s)
[8] personally known to me -OR- D proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies). and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
i ..' 1
PHILIP VEGA
@'commISSlon#1474231_
~ -,,; Notary Public - California ~
J ' . Orange Counly L
, MV Comm. Expires Mar 4. 2008[
WITNESS my han
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Signature of Notary Public
Though the information below is not required by law, it may prove valuab
and reattachment of this
'Son relying on the document and could prevent fraudulent removal
ano her document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
D Titles(s):_
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
- 0 Guardian or Conservator
o Other:
OF SIGNER
Top of Thumb here
o Individuai
D Corporate Officer
o Title(s):
o Partner - 0 Limited D General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top ofThumb here
OF SIGNER
Signer Is Representing:
Signer Is Representing:
BO-1133 09/00
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~....\""),'>A>''''''''~~'''''''''''''_~'''''','''''','''''',~=-.~Y~,;'~~~~~~~~~
personally
State of Ca~rnia
County of ,'\(111, ~ rn a r Ii /V) ()
On filt;. ( 1(0 ~{l)W before me, Je \'\~i Q y~('\k?l\ile.e. ~(\tQrH ~Iir.
:;;eared h f1" "::I [1, !r;'mOff1OOC 1'.,..'J,oo Dol, NOlacyP'b"") ,
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- , Commission # 1530848 .
~ . -.. t Notary Public - Callfomia ~
J " : San Bernardino County ~
1 . .. My Comm. Expires Dee 2. 2008f
~y known to me
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proved to me on the basis of satisfactory evidence
o 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 capacify(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.
~TNESS ~_y 1\ han \~ ~d(_O_ ffi~ial s;~. ( '" /"' A n
Place Notary Seal Above ~ 'f l CJ""\~ 'f J~
l) Signature 01 Notary Public
OP JONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and Gould prevent fraudulent removal and reattachment of this form to another document.
Description of Attached.QocumenJ~ _ /J I r?.. t? /
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@2004 NaUonal Notal)' Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402
Item No. 5907
Reorder; Call Toll-Free 1-800-876-6827
RECORDING REQlIESTED BY
AND RETURN TO,
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
T emecule, CA 92589.9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. The Nature of Interest is a Contract which was awarded by the City of Temecula to
D.C. Hubbs Construction, 37306 Vista View Dr.. Yucaipa, CA 92399 to perform the following work of
improvement:
GUARD RAIL INSTALLATION AND REPLACEMENT RAINBOW CANYON ROAD
Project No. PW02-18
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 April 11,
2006. That upon said contract the Lincoln General 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:
Guard Rail Installation and Replacement Rainbow Canyon Road, Project No, PW02-18
6. The location of said property is: Rainbow Canyon Road, Temecula, California
Dated at Temecula, California, this 11th day of April 2006 of Council Meeting
City of T emecula
Susan W. Jones MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 11th day of April, 2006 of Council Meeting.
City of Temecula
Susan W. Jones MMC, City Clerk
R;\C1P\PAOJECTS\PW02\PW02-18 Rainbow Canyon Guardrail\Agreements Contracts\COMPLETIQN NOTE.doc Form
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I.
ITEM NO. 11
I
I
ORDINANCE NO. 06-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING CHAPTER 15.08 OF THE
TEMECULA MUNICIPAL CODE AUTHORIZING
PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY
TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM AND ESTABLISHING PROCEDURES FOR
THE APPROVAL AND COLLECTION OF THE
TRANSPORTATION UNIFORM MITIGATION FEE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 15.08 of the Temecula Municipal Code is hereby amended
to read as follows:
"Section 15.08.010. Title. This Chapter shall be known as the "Western
Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2006."
"Section 15.08.020 Findings. In adopting this Chapter 15.08, the City
Council of the City of Temecula hereby finds and determines that:
A. The City is a Member Agency of the Western Riverside Council of
Governments ("WRCOG"), a joint powers agency consisting of the City, the County of
Riverside, and the thirteen Cities situated in Western Riverside County. Acting in
concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in
funds needed to enlarge the capacity of the Regional System of Highways and Arterials
in Western Riverside County (the "Regional System") could be made up in part by a
Transportation Uniform Mitigation Fee on future residential, commercial and industrial
development. As a Member Agency of WRCOG, the City participated in the preparation
of a certain "Western Riverside County Transportation Uniform Mitigation Fee Nexus
Study", dated October 18, 2002 ("2002 Nexus Study") prepared pursuant to California
Government Code, Section 66000 et seq., the Mitigation Fee Act. Based on this Nexus
Study, the City adopted and implemented an ordinance authorizing its participation in a
Transportation Uniform Mitigation Fee Program.
B. WRCOG with the assistance of its member agencies have now
prepared an updated "Western Riverside County Transportation Fee Nexus Study"
("Nexus Study") pursuant to California Government Code Section 66000 et seq., the
Mitigation Fee Act, for the purpose of updating the fees imposed by Ordinance No. 03-
01. Ordinance No. 03-01 was adopted by the City Council on January 28, 2003 and
was codified in Chapter 15.08 of the Temecula Municipal Code.
C. Consistent with its previous findings made in the adoption of
Ordinance No. 03-01, the City Council has been informed and advised, and hereby
R:/Ords 2006/0rds 06-04
finds, that future development within Western Riverside County and the Cities therein
will result in traffic volumes exceeding the capacity of the Regional System as it
presently exists.
D. Consistent with its previous findings made in the adoption of
Ordinance No. 03-01, the City Council has been further informed and advised, and
hereby finds, that if the capacity of the Regional System is not enlarged, the result will
be substantial traffic congestion in all parts of Western Riverside County and the City,
with unacceptable Levels of Service throughout Western Riverside County by 2030.
E. The City Council has been further advised, and so finds that
funding, in addition to those fees adopted pursuant to the 2002 Nexus Study, will be
inadequate to fund construction of the Regional System. Absent an update of the
"Transportation Uniform Mitigation Fee" ("TUMF") based on the Nexus Study, existing
and known future funding sources will be inadequate to provide necessary
improvements to the Regional System, resulting in an unacceptably high level of traffic
congestion within and around Western Riverside County and the City.
F. The City Council has reviewed the Nexus Study, and hereby finds
that future development within the County and City will substantially adversely affect the
Regional System, and that unless such development contributes to the cost of
improving the Regional System, the Regional System will operate at unacceptable
Levels of Service.
G. The City Council hereby finds and determines that the failure to
mitigate growing traffic impacts on the Regional System within Western Riverside
County and the City will substantially impair the ability of public safety services (police
and fire) to respond. The failure to mitigate impacts on the Regional System will
adversely affect the public health, safety and welfare.
H. The City Council further finds and determines that there is a
reasonable and rational relationship between the use of the TUMF and the type of
development projects on which the fees are imposed because the fees will be used to
construct the transportation improvements that are necessary for the safety, health and
welfare of the residential and non-residential users of the development projects on
which the TUMF will be levied.
I. The City Council finds and determines that there is a reasonable
and rational relationship between the need for the improvements to the Regional
System and the type of development projects on which the TUMF is imposed because it
will be necessary for the residential and non-residential users of such projects to have
access to the Regional System. Such development will benefit from the Regional
System improvements and the burden of such development will be mitigated in part by
the payment of the TUMF.
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2
J. The City Council further finds and determines that the cost
estimates set forth in the Nexus Study are reasonable cost estimates for constructing
the Regional System improvements, and that the amount of the TUMF expected to be
generated by new development will not exceed the total fair share cost to such
development.
K. The City Council further finds that the cost estimates set forth in the
Nexus Study are reasonable cost estimates for the facilities that comprise the Regional
System; and that TUMF program revenues to be generated by new development will
not exceed the total fair share of these costs.
L. The fees collected pursuant to this Chapter shall be used to help
pay for the construction and acquisition of the Regional System improvements identified
in the Nexus Study. The need for the improvements is related to new development
because such development results in additional traffic thus creating the demand for the
improvements.
M. The City Council finds that the Nexus Study proposes a fair and
equitable method for distributing a portion of the unfunded costs of improvements to the
Regional System.
N. The City Council hereby adopts the Nexus Study and incorporates
it herein as though set forth in full.
"Section 15.08.030 Definitions. For the purpose of this Chapter, the
following words, terms and phrases shall have the following meanings:
A. "Class 'A' Office" means an office building that is typically
characterized by high quality design, use of high end building materials, state of the art
technology for voice and data, on site support services/maintenance, and often includes
full service ancillary uses such as, but not limited to a bank, restaurant/office coffee
shop, health club, printing shop, and reserved parking. The minimum requirements of
an office building classified as Class 'A' Office shall be as follows: (i) minimum of three
stories; (ii) minimum of 15,000 square feet per floor; (iii) steel frame construction; (iv)
central, interior lobby; and (v) access to suites shall be from inside the building unless
the building is located in a central business district with major foot traffic, in which case
the first floor may be accessed from the street to provide entrances/exits for commercial
uses within the building.
B. "Class '8' Office" means an office building that is typically
characterized by high quality design, use of high end building materials, state of the art
technology for voice and data, on site support services/maintenance, and often includes
full service ancillary uses such as, but not limited to a bank, restaurant/office coffee
shop, health club, printing shop, and reserved parking. The minimum requirements of
an office building classified as Class 'B' Office shall be as follows: (i) minimum of two
stories; (ii) minimum of 20,000 square feet per floor; (iii) steel frame, concrete or
R:/Ords 2006/0rds 06-04
3
masonry shell construction; (iv) central, interior lobby; and (v) access to suites shall be
from inside the building unless the building is located in a central business district with
major foot traffic, in which case the first floor may be accessed from the street to provide
entrances/exits for commercial uses within the building.
C.
undertaken for the
construction.
"Development Project" or "Project" means any project
purpose of development including the issuance of a permit for
D. "Fee Calculation Handbook" is the handbook detailing the
methodology for calculating of the TUMF and other matters for the administration of the
TUMF Program, adopted by WRCOG on July 14, 2003, as said handbook may be
amended from time to time, a copy of which is on file in the City Clerk's Office. In
addition to detailing the methodology for calculating all TUMF obligations of different
categories of new development, the purpose of the Fee Calculation Handbook is to
clarify for the TUMF Administrator, where necessary, the definition and calculation
methodology for uses not clearly defined in the respective TUMF ordinances.
E. "Gross Acreage" means the total property area as shown on a
land division map of record, or described through a recorded legal description of the
property. This area shall be bounded by road rights of way and property lines.
F. "Habitable Structure" means any structure or part thereof where
persons reside, congregate or work and which is legally occupied in whole or part in
accordance with applicable building codes, and state and local laws.
G. "Industrial Project" means any development project, at the time of
issuance of any building permit, in which manufacturing, assembly, processing,
packaging, or storage of products takes place and as further defined in the light
industrial and business park zones defined by Title 17 of the Temecula Municipal Code,
or within a similarly defined planning area within an adopted specific plan.
H. "Low Income Residential Housing" means residential units in
publicly subsidized projects constructed as housing for low-income households as such
households are defined pursuant to section 50079.5 of the Health and Safety Code.
"Publicly subsidized projects," as the term is used herein, shall not include any project
or project applicant receiving a tax credit provided by the State of California Franchise
Tax Board.
I. "Multi Family Residential Unit" means a development project that
has a density of greater than eight (8) residential dwelling units per gross acre.
J. "Nexus Study" means the Western Riverside County
Transportation Fee Nexus Study" ("Nexus Study") pursuant to California Government
Code Section 66000 et seq., which Nexus Study is on file in the City Clerk's Office.
R:/Ords 2006/0rds 06-04
4
K. "Non-Residential Unit"
commercial and industrial development which
use, but shall include hotels and motels.
means retail commercial, service
is designed primarily for non-dwelling
L. "Recognized Financing District" means a financing mechanism
for the funding of public improvements as defined in the TUMF Administrative Plan.
M. "Residential Dwelling Unit" means a building or portion thereof
used by one (1) family and containing but one (1) kitchen, which is designed primarily
for residential occupancy including single-family and multi-family dwellings. "Residential
Dwelling Unit" shall not include hotels or motels.
N. "Retail Commercial Project" means any development project in a
commercial zone at the time of issuance of any building permit that is not defined as a
service commercial project and as further defined by the neighborhood commercial,
community commercial, highway tourist commercial and service commercial zones as
defined in Title 17 of the Temecula Municipal Code, or within a similarly defined
planning area within an adopted specific plan.
O. "Service Commercial Project" means any development project
that is predominately dedicated to business activities associated with professional or
administrative services, and typically consist of corporate offices, financial institutions,
legal and medical offices as further defined in the professional office zone as defined in
Title 17, but excluding any residential uses, or within a similarly defined planning area
within an adopted specific plan.
P. "Single Family Residential Unit" means each residential dwelling
unit in a development that has a density of eight (8) units to the gross acre or less.
Q. "TUMF Administrative Plan" means the plan adopted by WRCOG
on May 5, 2003 containing the detailed administrative procedures concerning the
implementation of this Chapter the TUMF Program, as may be amended from time to
time, a copy of which is on file in the City Clerk's Office.
R. "WRCOG" means the Western Riverside Council of Governments,
a joint powers agency consisting of the City, the County of Riverside, and the thirteen
Cities situated in Western Riverside County.
"Section 15.08.040.
Mitigation Fee
Establishment of the Transportation Uniform
A. Adoption. The schedule of fees shall be adopted by resolution
approved by the City Council ("Resolution").
R:/Ords 2006/0rds 06-04
5
B. Fee Calculation. The fees shall be calculated according to the
calculation methodology set forth in the Fee Calculation Handbook. The following shall
be observed for purposes of calculating the fee:
1. For non-residential projects, the fee rate utilized shall be
based upon the predominate use of the building or structure identified in the
building permit or structure identified in the building permit and as further
specified in the TUMF Administrative Plan.
2. For non-residential project, the fee shall be calculated on the
total square footage of the building or structure identified in the building permit
and as further specified in the TUMF Administrative Plan.
C. Fee Adjustment. The fee schedule may be periodically reviewed
and the amounts adjusted by the WRCOG Executive Committee. By amendment to the
Resolution, the fees may be increased or decreased to reflect changes in actual and
estimated costs of the Regional System including, but not limited to, debt service, lease
payments and construction costs. The adjustment of the fees may also reflect changes
in the facilities required to be constructed, in estimated revenues received pursuant to
this Chapter, as well as the availability or lack thereof of other funds with which to
construct the Regional System. WRCOG shall review the TUMF program no less than
every four (4) years after July 3, 2006.
D. Purpose. The purpose of the TUMF is to fund those certain
improvements to the Regional System identified in the Nexus Study.
E. Applicability. The TUMF shall apply to all new development
projects within the City unless otherwise exempted by the provision of this Chapter.
F.
from the TUMF:
Exemptions. The following new development shall be exempt
1.
Low income residential housing.
2.
Government/public buildings, public schools and public
facilities.
3.
The rehabilitation and/or reconstruction of any habitable
structure in use on or after January 1, 2000 provided that the
same or fewer traffic trips are generated as a result thereof.
4.
Development Projects which are the subject of a Public
Facilities Development Agreement entered into pursuant to
Government Code, Section 65864 et seq. prior to May 28,
2003, the effective date of Ordinance No. 03-01, wherein the
imposition of new fees are expressly prohibited; provided
R:/Ords 2006/0rds 06-04
6
that if the term of such a Development Agreement is
extended by amendment or by any other manner after May
28, 2003, the effective date of Ordinance No. 03-01, the
TUMF shall be imposed.
5. Guest Dwellings, as defined in Title 17 of the Temecula
Municipal Code.
6. Additional single family residential units located on the same
parcel pursuant to the provisions of any agricultural zoning
classifications set forth in Title 17 of the Temecula Municipal
Code.
7. Kennels and Catteries established in connection with an
existing single family residential unit and as defined in Title
17 of the Temecula Municipal Code.
8. Detached and Attached Second Units pursuant to Title 17 of
the Temecula Municipal Code.
9. The sanctuary building of a church or other house of
worship, eligible for a property tax exemption.
10. Any nonprofit corporation or nonprofit organization offering
and conducting full-time day school at the elementary or high
school level for students between the ages of five and
eighteen years.
G. Credit. Regional System improvements may be credited toward
the TUMF in accordance with the TUMF Administrative Plan and the following:
1 . Regional Tier
a. Arterial Credits: If a developer constructs arterial
improvements identified on the Regional System, the
developer shall receive credit for all costs associated with
the arterial component based on approved unit cost
assumptions for the Regional System. WRCOG Staff must
pre-approve any credit agreements that deviate from the
standard WRCOG approved format.
b. Other Credits: In special circumstances, when a
developer constructs off-site improvements such as an
interchange, bridge, or railroad grade separation, credits
shall be determined by WRCOG and the City in consultation
with the developer. All such credits must have prior written
R:/Ords 2006/0rds 06-04
7
approval from WRCOG.
c. The amount of the development fee credit shall not
exceed the maximum amount determined by the most
current unit cost assumptions for the Regional System or
actual costs, whichever is less.
2. Local Tier
a. The local jurisdictions shall compare facilities in local
fee programs against the Regional System and eliminate
any overlap in its local fee program except where there is a
Recognized Financing District has been established.
b. If there is a Recognized Financing District
established, the local agency may credit that portion of the
facility identified in both programs against the TUMF in
accordance with the TUMF Administrative Plan.
"Section 15.08.050: Reimbursements. Should a developer construct Regional
System improvements in excess of the TUMF fee obligation, the developer may be
reimbursed based on actual costs or the approved unit cost assumptions, whichever is
less. Reimbursements shall be enacted through a three party agreement including the
developer, WRCOG, and the City, contingent on funds being available. In all cases,
however, reimbursements under such special agreements must coincide with
construction of the transportation improvements as scheduled in the five-year Capital
Improvements Program adopted annually by WRCOG.
"Section 15.080.060: Procedures for the Levy, Collection and Disposition
of Fees
A. Authority of the Building Department. The Director of Building
and Safety, or his/her designee, is hereby authorized to levy and collect the TUMF and
make all determinations required by this Chapter.
B. Payment. Payment of the fees shall be as follows:
1. The fees shall be paid at the time a certificate of occupancy
is issued for the Development Project or upon final inspection, whichever come
first (the "Payment Date"). However this section should not be construed to
prevent payment of the Fees prior to issuance of an occupancy permit or final
inspection. Fees may be paid at the time application is made for a building
permit and the fee payment shall be calculated based on the fee in effect at that
time, provided the developer tenders the full amount of his/her TUMF obligation.
If the developer makes only a partial payment prior to the Payment Date, the
amount of the fee due shall be based on the TUMF fee schedule in place on the
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8
Payment Date. The fees shall be calculated according to fee schedule set forth
in the Resolution and the calculation methodology set forth in the Fee Calculation
Handbook.
2. The fees required to be paid shall be the fee amounts in
effect at the time of payment is due under this Chapter, not the date the
Ordinance approving this Chapter is initially adopted. The City shall not enter
into a development agreement which freezes future adjustments of the TUMF.
3. If all or part of any Development Project is sold prior to
payment of the fee, the property shall continue to be subject to the requirement
for payment of the fee, accordingly, the fees shall run with the land.
4. Fees shall not be waived.
C. Disposition of Fees. All fees collected hereunder shall be
transmitted to the Executive Director of WRCOG within thirty days for deposit,
investment, accounting and expenditure in accordance with the provisions of this
Chapter and the Mitigation Fee Act.
D. Appeals. Appeals shall be filed with WRCOG in accordance with
the provision of the TUMF Administrative Plan. Appealable issues shall be the
application of the fee, application of credits, application of reimbursement, application of
the legal action stay and application of exemption.
E. Reports to WRCOG. The Director of Building and Safety, or
his/her designee, shall prepare and deliver to the Executive Director of WRCOG,
periodic reports as will be established under Section 15.08.070.
"Section 15.080.070:
Appointment ofthe TUMF Administrator
A. WRCOG is hereby appointed as the Administrator of the
Transportation Uniform Mitigation Fee Program. WRCOG is hereby authorized to
receive all fees generated from the TUMF within the City, and to invest, account for and
expend such fees in accordance with the provisions of this Chapter and the Mitigation
Fee Act. The detailed administrative procedures concerning the implementation of this
Chapter shall be contained in the TUMF Administrative Plan. Furthermore, the TUMF
Administrator shall use the Fee Calculation Handbook for the purpose of calculating a
developer's TUMF obligation. In addition to detailing the methodology for calculating all
TUMF obligations of different categories of new development, the purpose of the Fee
Calculation Handbook is to clarify for the TUMF Administrator, where necessary, the
definition and calculation methodology for uses not clearly defined in the respective
TUMF ordinances.
B. WRCOG shall expend only that amount of the funds generated
from the TUMF for staff support, audit, administrative expenses, and contract services
R:/Ords 2006/0rds 06-04
9
that are necessary and reasonable to carry out its responsibilities and in no case shall
the funds expended for salaries and benefits exceed one percent (1 %) of the annual net
amount of revenue raised by the TUMF. The TUMF Administrative Plan further outlines
the fiscal responsibilities and limitations of the Administrator."
SECTION 2: SEVERABILITY. If anyone or more of the terms, provisions or
sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or
voidable for any reason whatsoever by a court of competent jurisdiction, then each and
all of the remaining terms, provisions and sections of this Ordinance shall not be
affected thereby and shall be valid and enforceable.
SECTION 3: JUDICIAL REVIEW. In accordance with State law, any
judicial action or proceeding to attack, review, set aside, void or annul this Ordinance
shall be commenced within ninety (90) days of the date of adoption of this Ordinance.
SECTION 4: PROCEDURAL FINDINGS.
Temecula hereby finds and determines that:
The City Council of the City of
1. On March 28, 2006, the City Council held a duly notice public
hearing on this Ordinance, the TUMF Resolution establishing the TUMF and the Nexus
Study.
2. At said public hearing, the City Council duly considered that data
and information provided by the public relative to the cost of the services for which the
fees are proposed and all other comments, whether written or oral, submitted prior to
the conclusion of the hearing.
SECTION 5: ORDINANCE NO. 03-01. This Ordinance supersedes the
provisions of Ordinance No. 03-01, codified in Chapter 15.08 of the Temecula Municipal
Code, provided this Ordinance is not declared invalid or unenforceable by a court of
competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid or
unenforceable by a court of competent jurisdiction, Ordinance No 03-01, codified in
Chapter 15.08 of the Temecula Municipal Code, and all other related ordinances,
resolution, and policies shall remain in full force and effect. Nothing in this Ordinance
shall relieve any person of any obligations incurred pursuant to Ordinance No. 03-01.
SECTION 6. CEQA FINDINGS. The City Council hereby determines, in
accordance with 14 Cal. Code Regs. Section 15061 (b) of the California Environmental
Quality Act Guidelines ("CEQA Guidelines"), that the Transportation Uniform Mitigation
Fee Program as described in this Ordinance is not a "project" within the meaning of
Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements
of CEQA. The Ordinance establishes a funding mechanism for potential transportation
improvements and does not approve the construction nor cause the construction of any
specific transportation improvements within Riverside County. This Ordinance will have
no effect on the environment. Pursuant to CEQA Guidelines Section 15061 (d) and
15062, the City Manager is hereby directed to cause a Notice of Exemption to be
R:/Ords 2006/0rds 06-04
10
prepared, executed and filed for the foregoing determination in the manner required by
law, that this is not a project under the California Environmental Quality Act and,
therefore, not environmental impact assessment is necessary.
SECTION 7: EFFECTIVE DATE. This Ordinance shall become effective July 1,
2006.
SECTION 8: CERTIFICATION. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause same to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
R:/Ords 2006/0rds 06-04
11
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 06-04 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , 2006,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , 2006, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
R:/Ords 2006/0rds 06-04
12
TEMECULA COMMUNITY
SERVICES DISTRICT
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ITEM NO. 12
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
MARCH 21, 2006
A regular meeting of the City of Temecula Community Services District was called to order at
7:40 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Naggar, Roberts, Washington
and Comerchero
ABSENT:
o
DIRECTORS:
None
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
16 Minutes
RECOMMENDATION:
16.1 Approve the minutes of February 28, 2006.
17 Comoletion and Acceotance of Construction Contract - Vail Ranch Middle School Basketball
Court Liohtino. Proiect No. PW04-06CSD
RECOMMENDATION:
17.1 Accept the Vail Ranch Middle School Basketball Court Lighting Project - Project No.
PW04-06CSD - as complete;
17.2 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; and
17.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
18 Retrofit Existino Plav Areas at Lorna Linda Parks
RECOMMENDATION:
18.1 Approve the agreement with Miracle Playground Sales in the amount of
$116,613.00 plus a 10% contingency in the amount of $11 ,661.30 to retrofit
playground equipment at Lorna Linda Parks.
R:\Minutes\032106
MOTION: Director Edwards moved to approve the Consent Calendar. Director Washington
seconded the motion and electronic vote reflected unanimous aooroval.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comment.
CSD GENERAL MANAGER'S REPORT
No additional comment.
CSD BOARD OF DIRECTORS' REPORTS
No additional comment.
CSD ADJOURNMENT
At 7:41 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, March 28, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing
at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL]
R:\Minutes\032106
2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
MARCH 28, 2006
A regular meeting of the City of Temecula Community Services District was called to order at
7:25 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Naggar, Roberts, Washington
and Comerchero
ABSENT:
o
DIRECTORS:
None
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
9 Ratification of Election Results - Tract Mao No. 31344
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 06-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING
THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT
MAIL-IN BALLOT ELECTION HELD ON MARCH 7,2006 DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
10 Ratification of Election Results - Rorioauoh Ranch Soecific Plan #11
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 06-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING
THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT
MAIL-IN BALLOT ELECTION HELD ON MARCH 7,2006 DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
R:\Minutes\032806
MOTION: Director Naggar moved to approve the Consent Calendar Item Nos. 1 and 2.
Director Washington seconded the motion and electronic vote reflected unanimous aooroval.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comment.
CSD GENERAL MANAGER'S REPORT
No additional comment.
CSD BOARD OF DIRECTORS' REPORTS
No additional comment.
CSD ADJOURNMENT
At 7:26 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, April 11 ,2006, at 5:30 P.M., for a Closed Session, with regular session commencing at
7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL
R:\Minutes\032806
2
Ii
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I.
ITEM NO. 13
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
IIIl
9g
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman Parker, Director of Community Services
DATE:
April 11 , 2006
SUBJECT:
Completion and Acceptance for the Patricia H. Birdsall Sports Complex
Synthetic Turf - Project No. PW01-17CSD
PREPARED BY:
William G. Hughes, Director of Public Works/City Engineer
Amer Attar, Principal Engineer
Jon Salazar, Associate Engineer
RECOMMENDATION:
That the Board of Directors:
1. Accept the project, Patricia H. Birdsall Sports Complex Synthetic Turf, Project No.
PW01-17CSD, Turf as complete;
2. File the Notice of Completion, release the Performance Bond, and accept a 1 year
Maintenance Bond; 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 April 26, 2005 the Board of Directors awarded a construction
contract to Byrom-Davey, I nc. in the amount of $2,311,700.00 and authorized the General Manager
to approve change orders that are within the 10% contingency amount of $231,170.00.
The project consists of the procurement and installation of three (3) regulation synthetic turf soccer
fields and one (1) championship soccer/football field including a six (6)-inch stone base and sub
grade drainage system.
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 is being
released pursuant to Public Contract Code Section 7107.
FISCAL IMPACT: This project is a Capital Improvement Program Projectfunded through
Development Impact Fees, Bond Proceeds, and Capital Project Reserves. The total cost of the
project including authorized Contract Change Orders was $2,327,045.36. There was no adjustment
in contract item quantities.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit and Final Release
RECOROING REOUESTED 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.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. The Nature of Interest is a Contract which was awarded by the City of T emecula to
Byrom-Davey, Inc., 13220 Evening Creek Dr., #103, San Diego, CA 92128 to perform
the following work of improvement:
Patricia H. Birdsall Sports Complex Synthetic Turf
Project No. PW01-17CSD Turf
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 April 11,
2006. That upon said contract the International Fidelity 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:
Patricia H. Birdsall Sports Complex, Pechanga Parkway & Deer Hollow Way,
Project No. PW01-17CSD
6. The location of said property is: 32380 Deer Hollow Way, Temecula, California
Dated at Temecula, California, this 11th day of April, 2006
City of T emecula
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
Susan W. Jones MMC, City Clerk
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 11th day of April, 2006,
City of Temecula
Susan W. Jones MMC, City Clerk
R:\CIP\PROJECTS\PWOl \PW01-1 7CSD TURF\Agenda Report\NoC.doc Form
" J
Bond No. 0386133
Premium is Included in the Performance Bond
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
TEMECULA COMMUNITY SERVICES DISTRICT
MAINTENANCE BOND
PROJECT NO, PW01.17CSD TURF
TEMECULA SPORTS COMPLEX SYNTHETIC TURF
KNOW ALL PERSONS BY THESE PRESENT THAT:
Bvram-Davev. Inc.
NAME AND ADDRESS CONTRACTOR'S
a
Corooration
(nil In whether e Corporal/on, Pertnership or indivldue/)
, hereinafter called Principal, and
International Fidelity Insurance ComO_anY
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA,
hereinafter called OWNER, in the penal sum of Two Hundred Thirtv-One Thousand One Hundred
Sevenlv DOLLARS and No/10oths CENTS ($ 231,170 .00)
in lawful money of the United States, said sum being not less than ten (10%) of the Contract
value payable by the said City of Temecula under the terms of the Contract, for the payment of
which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Contract with the OWNER, dated the 26th day of ADril, 2005, a copy of which is hereto
attached and made a part hereof for the construction of PROJECT NO. PW01-17CSD TURF,
TEMECULA SPORTS COMPLEX SYNTHETIC TURF.
WHEREAS, said Contract provides that the Principal will 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 the final estimate was approved on _
12..31,20~
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year
from the date of approval of the final estimate on said job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor wOrkmanship in the execution of said work,
and the carrying out of the terms of said Contract, or it shall appear that defective materials were
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 specified, costs and
reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by
MAINTENANCE BOND
M-1C:\Documenls and Settings~anis\Local Settings\T emporary Internet Files\OLK74\MaintBondAflidavit.cbc
.1
.
the City of T emecula in successfully enforcing this 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 Contract, or to the work to be performed thereunder, or to the specifications
accompanying the same, shall in any way affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration, or addition to the terms of the
Contract, or to the work, or to the Specifications.
Signed and sealed this 17th day of
Februarv, 20 06.
(Seal)
International Fidelity Insurance Company
Byrom-Davey, Inc.
SURETY
By:?JJJ 1 t&/L
PRIN~"'h//
BY:~Z
~r
_~ // '&)~ A.
(Name)
Leslie Hahn
(Name)
Attomev-In-Fact
(Title)
(Title)
By:
APPROVED AS TO FORM:
~/
smt/~ DA-V0Y
(Name)
Peter M. Thorson, City Attomey
tcJ U ;/,1- If. '5 / ':>#N,'/
(Title)
MAINTENANCE BOND
M-2C:\Documents and Setljngs~anis\Local Settings\T emporary Internet Files\OLK74\MaintBond.a.ffidavit.doc
rei (973) 624-7200
,.
POWER OF ATTORNEY
INr~RNATIONAL lilUELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK. NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INmRNATlONAL FIDELITY INSURANCE COMPANY, a co,poradonqrganized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey~ does hereby constitute and appoint
MICHAELR. STRAHAN, JAMESP. SCHABARUM, II, M. WAGER, LESLIE HAHN, JEFFREYW. CAVIGNAC
San Diego, CA.
-..........................,...................... ..................... ....................... .....h.................... .........................................................................................", .. ......
its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety. any and all bonds and undertakings, contracts of indemnity and
other writi?gs obligatol}' m the nature thereof, which are or may be allowed. required 9r pennitted by law. stature. rule: Je~tation, contract or otherwise. and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
C9~ANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
pnncJpal office.
This Power of Attom~y is executed, and may l;Je revoked, pursuant to and by authority of Article 3-Section 3, of the By~Laws adopted by the Board of
Directors of INmRNATlONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February. 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attomeys-in~fact, aod to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the narore thereof and,
(2) To remove. at any time, any such attomey~in-fact and revoke the authority given.
Further. this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Direcrors of said Company adopted at a meeting
duly call~ and held on the 29th day of April, 1982 of Which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be afftxed to any such power of attorney or any certificate relating thereto by
facsimile. and any such power of attorney or certificate bearing such facsimile s1gnarores or facsimile sea shall be valid and bindmg URDD the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF. INmRNATlONAL FIDELITY INSURANCE COMPANY has caused this instrument to he
signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003.
INTERNATIONAL FIDELITY INSURANC~
St.f?- ~B
STATE OF NEW JERSEY
County of Essex
On this 29th day of August 2003. before me came the individual who executed th~ preceding instrument, tl:!. m mee pe'rsooally 1m.. own. a. oct, being. by me duly
swom..said Ihe he 1S the therein described and authorized officer of the LL _...Aru ,ATIONAL FIDEliTY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were <:iuly' affix:.ed byor<l,er ofth.l?Boardor-.Direc.tors of
said Company.
IN TESTIMONY Wl:IERE0.P.lhave,heteut)tt) s~tmY)1and'afflX,e(l my Offici3.l.S~al.
at theCityofNewiuk. New Jersey:the day and year flist above written. <
~. ....~..~~.................~
',. ': ..,:.",,'.... c"'" .."; " ".__..; ,.,;' ,
........... .................. .......... ..' ..... ...... ...... .......................
A;ii!O'l'MY pUJ>l:;IC6F(liTEVi'JE~SEt .
CER.TIFIcA1'lbN MY qppsiopExlllred-l.v, 21)201Q
I. thelltJdetiig~edoflicer of INl'I>)lNATI?l'iA.L'F1Dp:.ITY1N~q~GQMPAt'lY4~ hefebyp"riif)!.(ii.~.F~iiv~~Ol)lllared.l!'e ((jtegoiii*.c(jliy.~1 thi(..
~~wer of A,1"1111<,~."",d al~da"~;and1li<\<iopy.ofihe~pg~(.!Il of th~Jll'~Laws o{~~id Go,m.P!J1y.~~~;i;forth.in.~i4.PoWer (jfAtliitneyi'iWithithe ORIG!lIALS 9M;
IN THE HOME OFFICE OFSAID CbMl'ANY. and' ilia, the same','e correct ~9ijpfs thereof,i!iid ofi!(~.l\'IwJe of thesaid.origina.~",i\lld that th'!i.~id.J:Rwer
ofAlthm~y has not y~p i'~voked and is g.o'r\.ig..fyll fors~:',@9- effect ".. '. .. .. '.
IN'TESTIMOJ# vfflEREOF. I h~ve he~~~'ose' I11Y ~d thiS 47th
dayqf
F......i:;b~...............r ui3..r."Il....!.~~~p..
". .. '",
.. .. .... , ,."
.... ..~..,..~ .~....~.......f;;~. ............. .,......
. . .,.,.c , ',' '" ,':',' . ,". . ,. .. . .' ~'.' '. .. . .....__. . . .. . . . .." '. .:.:
:ti: .;.~:;:,.,:.'::;:::m'. <.:,',i:':>", 4 't,', J':'", ,:... ::.:. ,. ": ,',':'-:"{i:
... . " " "
.. . ., . ,'." . . ...',"
:.~ssis:'Itl':~):~~ty :,,::. "':\:;,
STATE OF
California
. SS.
COUNTY OF San Oiego
On
February 17, 2006
, before me,
Janis E. Theodore, Notary Public
PERSONAUY APPEARED
Leslie Hahn
personally known to me (1IIIfIIIII/I,rU/IIII/I/JUI/IIIUUilllIljIllfItI/UUII/Iy
lItIII.IIiJIe) to be the person(f}. whose name(s) islare subscribed to the
within instrument and acknowledged to me that lIe/she/tHty. executed
the some in W/sIher/lWRr out/rorized copaci1y( 1&), and that by ffMherhWlir
signature(/i) on the instrument the person(~), or the entity upon behalf
of which the person(l) acted, executed the instrument.
WITNESS my /rond and official seal.
CJANIS t. THEODORE 1
OMM. #1453200
NOTARYPVBUC-CALlFORNIA Q
SAN DIEGO COUNTY (')
My Commission expires ....
24, 2007 J
"'''lfz;ff~r~f
This area for Official Norarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INOIVIOUAL
D CORPORATE OFFICER
TITLE OF TYPE OF OOCUMENT
TITLE(S)
D PARTNER(S)
D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S}
D GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMEO ABOVE
10.1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT
TEMECULA COMMUNITY SERVICES DISTRICT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW01-17CSD TURF
TEMECULA SPORTS COMPLEX SYNTHETIC TURF
This is to certify that Bvrom-Davev, Inc. ,(hereinafter the "CONTRACTOR") declares
to-the City of Temecula, under oath, that he/shelit 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. PW01-
17CSD TURF, TEMECULA SPORTS COMPLEX SYNTHETIC TURF, situated in the City of
Temecula, State of California, more particularly described as follows:
Sports Park, Corner Pechanqa Drive & Deer Hollow, Temecula, CA
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK HERE
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing tothe 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 37100, the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
CONTRACTOR
Dated: March 8, 2006
By:
Signature
Steve Davey, Vice President
Print Name and Title
EXHIBIT "A" -INSURANCE ENDORSEMENTS & CERTIFICATES A-1
C:\Documents and Settingsyoann\Local Settings\T empora!)' Internet Files\Content.IE5IHNBVP1 CEIMaintBond&Affidaviq1 ].doc
UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
The undersigned has been paid and has received a progress payment in the sum of
. $14.578.10 for labor, services, equipment or material furnished to
CITY OF TEMECULA on the job of TEMECULA SPORTS COMPLEX located at
TEMECULA. CA and does hereby release any mechanics' lien, stop notice, or bond right
that the undersigned has on the above-referenced job to the following extent. This release covers
a progress payment for labor, services, equipment, or materials furnished to CITY OF
TEMECULA invoiced through 12/31/05 only and does cover
retentions retained before or after the release date. Rights based upon work performed or items
furnished under a written change order which has been fully executed by the parties prior to the
release date are covered by this release unless specifically reserved by the claimant in this
release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect
the contract rights, including rights between parties to the contract based upon a rescission,
abandonment, or breach of the contract, or the right of the undersigned to recover compensation
for furnished labor, services, equipment, or material covered by this release if that furnished
labor, services, equipment, or material was not compensated by the progress payment.
Mar 8. 2006
(Date)
"Ryrnm-n;::n:,-pY--L-.....lPr A
13220 Evenina Creek Drive. *103
San Diego, CA 9t~
(Company Name and ress)
By
Steve Davey, Vice President
(Signature and Title)
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES
THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS
DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU
HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL
RELEASE FORM.
NOTE: This form of release complies with the requirements of Civil Code Section 3262(d)(2).
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ITEM NO. 14
I
I
Approvals
City Attorney
Director of Finance
City Manager
p.v.('"
IJIt
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TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
April 11, 2006
SUBJECT:
Acceptance of a Storm Drain Construction and Maintenance Easement Deed
along Margarita Road within the Harveston Development
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION: That the Board of Directors accept the Storm Drain Construction and
Maintenance Easement Deed and the Parkland/Landscape Faithful Performance Bond and
authorize the City Clerk to record the easement document.
BACKGROUND: On July 1, 2004 Temecula Community Services District (TCSD) took
over the landscape maintenance responsibilities of perimeter slopes along Margarita Road within
the Harveston Development in particular Lot 45 of Tract Map No. 29639-1 located just west of
Harveston Way. This lot is owned by Harveston Community Association and TCSD has a
landscape maintenance easement over the lot. As a result of this situation, both entities will need to
sign the easement document.
William Lyon Homes is in the process of developing a residential project adjacent to the perimeter
Lot 45. As a result of this residential project a storm drain connection from the project site to
Margarita Road will need to be made through a portion of the slope that TCSD is currently
maintaining.
William Lyon Homes, Inc. has provided the Storm Drain Construction Easement that will expire on
September 30, 2006 and the Storm Drain Maintenance Easement that will remain in effect in
perpetuity. In addition, William Lyon Homes, Inc. has provided a $100,000 bond to guarantee any
damage done to the plants or irrigation equipment during the construction phase will be replaced or
repaired to TCSD's satisfaction. The bond will be held for a year after acceptance of landscaping.
FISCAL IMPACT:
William Lyon Homes, Inc.
None. All improvements and maintenance costs shall be borne by
ATTACHMENTS:
Storm Drain Construction and Maintenance Easement Deed
Parkland/Landscape Faithful Performance Bond
Vicinity Map
ATTACHMENT 1
Storm Drain Construction and Maintenance
Easement Deed
Recording requested by
and when Recorded, mail
to:
City Clerk
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Exempt from Recording Fee
per
Gov!. Code Sec. 27383
City of Temecula
(Space above this line for Recorder's use)
DOCUMENTARY TRANSFER TAX IS NONE.
Public Agency exempt.
Revenue and Taxation Code Section 11922
APN: 916-560-017
[ ]ALL
[X ] PORTION
STORM DRAIN CONSTRUCTION AND MAINTENANCE EASEMENT DEED
This STORM DRAIN CONSTRUCTION AND MAINTENANCE EASEMENT
DEED ("Easement Deed') is made as of this 2--1 S+ day of i'Y\A..\"I'~k. , 2006, by
the HARVESTON COMMUNITY ASSOCIATION, a California non-profit public benefit
corporation ("Grantor"), the TEMECULA COMMUNITY SERVICES DISTRICT, a public
corporation ("Easement Holder"), to and for the benefit of WILLIAM LYON HOMES, INC.
("Grantee").
RECITALS
WHEREAS, Grantor is the record fee owner of the real property identified as Assessor's
Parcel Number 916-560-017, and described as Lot 45 of Tract No. 29639-1 as per Map filed in
Book 323 of Maps, at Pages 50 through 60, in Records of Riverside County, California (the
"Burdened Land'); and
WHEREAS, Easement Holder holds an easement for landscape maintenance purposes
and all uses necessary or convenient thereto over the Burdened Land and several other parcels
pursuant to a Grant of Easement from Grantor to Easement Holder recorded as Instrument No.
2544-28735\ 619101.3
2002-525035 of Official Records, County of Riverside ("Easement Holder's maintenance
easemenf'), and which is incorporated herein by this reference; and
WHEREAS, Grantor wishes to convey to Grantee an easement for purposes of
constructing, using, maintaining and repairing a storm drain over portions of the Burdened Land
described in Exhibit "A" hereto and depicted on Exhibit "B" hereto; and
WHEREAS, the Easement Area lies within Easement Holder's maintenance easement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor hereby grants to Grantee and its successors in interest
and assigns, the easement described below, and Grantee and Easement Holder hereby
consent to said grant of easement, subject to the conditions set forth below.
1. Incorooration of Recitals. The recitals set forth above are incorporated herein by
this reference.
2. Grant of Easement. Grantor grants to Grantee and its successors and assigns, a
perpetual, non-exclusive and appurtenant easement ("Easement') for the construction, use,
maintenance and repair of a storm drain over, under and across a portion of that certain real
property owned by Grantor in the City of Temecula, County of Riverside and described in
Exhibit "A" hereto and depicted on Exhibit "B" hereto ("Easement Area"), which are
incorporated herein by this reference.
3. Benefit of Easement. The Easement granted hereby is for the benefit of
Grantee, its successors in interest and assigns, and the abutting real property described as Lot
1 of Tract No. 32169 as shown on a Map filed in Book 379 of Maps, at Pages 70 and 71, in the
Office of the Riverside County Recorder (the "Benefited Land'). The provisions of this
Easement Deed shall be covenants which concern and run with the Burdened Land and the
Benefited Land, to bind on and benefit the owners of such land and their successors in interest.
4. Grantee ResDonsible for Costs.
a. Grantee shall be solely responsible for all costs related to (i) the
construction, use, repair and maintenance of the subject storm drain; (ii) all costs or liabilities
incurred by Grantor or Easement Holder as a result of damage to any landscape improvements
within the Easement Area caused by the construction, use, maintenance or repair of the storm
drain; and (iii) any other professional fees associated with the storm drain and all other
obligations of Grantee contemplated by this Easement Deed. Grantee's responsibility includes
all costs associated with the continued maintenance of landscaping that will be disrupted during
the construction period and the reinstallation of all plants and irrigation equipment to Easement
Holder's standards and approval after the construction period.
b. The Grantee shall provide Easement Holder with a surety bond in the
amount of $100,000 and in a form satisfactory to the Easement Holder, in its sole reasonable
discretion, for the purposes of insuring that all existing plants, hardscape, softscape and
irrigation equipment present at the date of this grant are suitably reinstalled or repaired to
Easement Holder's satisfaction by Grantee. The bond shall be released by the Easement
Holder after a one year maintenance period from the date of acceptance of the landscape
installation by the Easement Holder.
2544-28735\ 619101.3
-2-
5. Duration of Easement. The Easement shall continue for so long as Grantee shall
use the Easement Area pursuant to this grant. The storm drain construction easement shall
expire at the end of the installation of the storm drain or on September 30, 2006, whichever
occurs first.
6. Indemnification bv Grantee. Grantee covenants and agrees that it shall
indemnify, defend, protect and hold harmless the Grantor and Easement Holder, its officers,
directors, members, agents and/or employees from and against any and all liability, loss or
damage to which the Grantor, its officers, directors, members, agents and/or employees may be
subjected to as the result of the rights granted herein or the existence or presence of the
materials, plants, structures and improvements covered and/or contemplated by this Easement
Deed or any act or omission by Grantee, its officers, members, agents or employees arising out
of the exercise by Grantee, its officer, members, agents or employees of any of the rights
granted to Grantee by this Easement Deed.
7. Insurance for Grantor. Prior to entering the Easement Area to construct or repair
the storm drain, Grantee shall provide Grantor with evidence of insurance. The evidence of
insurance shall include evidence that Grantor is named as an additional insured during the
course of construction or repair of the storm drain by (i) the contractors who construct or repair
the storm drain, under a commercial general liability policy with not less than $1,000,000
coverage on form CG 2010, and (ii) the Grantee under a comprehensive liability policy with not
less than $1 ;000,000 coverage. After completion of the construction or repair of the storm drain
on the Easement Area, Grantee shall provide Grantor with evidence that Grantor is named as
an additional insured for maintenance of the storm drain, under the policy of property insurance
maintained by Grantee or the Savannah condominium homeowner's association having
jurisdiction over Tract No. 32169. All such forms of insurance shall provide that the poliCY may
not be cancelled or modified without thirty (30) days' prior written notice to Grantor. Grantee
waives any right of subrogation it may have against Grantor with respect to claims covered by
the policy and Grantee agrees to obtain a waiver of subrogation of rights from each insurance
company issuing such policy.
8. Comoliance with Laws. Grantee covenants and agrees that it shall at all times
construct, maintain, use, repair and operate the Easement Area in compliance with any and all
applicable federal, state or local laws, regulations, codes, ordinances, standards, decisions of
the courts, permits or permit conditions.
9. Permitted Use. Grantee shall use the Easement Area solely for the purposes
stated in this instrument and for no other use, purpose or purposes whatsoever.
10. Reservation bv Grantor and Easement Holder. Nothing in this Easement Deed is
intended to in any way limit the rights of Grantor and Easement Holder, or require them to
obtain Grantee's consent, to construct, operate, maintain, renew and/or relocate the landscape,
irrigation and other improvements within the Easement Area which are the responsibility of
Easement Holder or Grantor, provided that in the exercise of such rights Grantor and Easement
Holder shall use reasonable care not to materially interfere with or block the use of the
Easement Area by Grantee or to damage the storm drain located thereon.
11. Miscellaneous.
a. Waiver. If Grantor, Easement Holder or Grantee fails to insist on the strict
observance by the other party of any of the provisions of this Easement Deed, neither party
2544-28735\ 619101.3
-3-
shall be precluded from subsequently enforcing this Easement Deed or be held to have waived
any such provision.
b. Relationship of the Parties. Nothing in this Easement Deed shall be
deemed or construed by the parties hereto or by any third person to create the relationship of
principal and agent, partnership, joint venture, landlord and tenant or any other association
between Grantors and Grantee other than the relationship described herein.
c. Entire Agreement. This Easement Deed, including all exhibits hereto
(which are hereby incorporated herein by reference for all purposes), contain the full and final
agreement of every kind and nature whatsoever between the parties hereto concerning the
subject matter set forth herein and all preliminary negotiations and agreements of any kind are
merged herein. This Easement Deed may not be changed, amended or modified in any manner
other than by a written amendment or modification executed by and between Grantors and
Grantee or their respective successors and/or assigns.
d. Captions. The captions used in this Easement Deed are for convenience
only and therefore do not constitute a part of this Easement Deed and do not amplify or limit the
meaning of the provisions of this Easement Deed.
e. Partial Invalidity. If any provision of this Easement Deed or the
application thereof shall be held invalid or unenforceable by a court of competent jurisdiction,
the remainder of this Easement Deed in its application shall not be affected by such partial
invalidity but shall be enforced to the fullest extent permitted by law as if such invalid or
unenforceable provision was never a part hereof.
f. Applicable Law. This Easement Deed shall be construed in accordance
with the laws of the State of California and the parties agree that jurisdiction for all actions
hereunder shall lie in the State of California.
g. Costs of Enforcement. If any legal or equitable action or proceeding is
instituted by one party against the other to enforce or interpret any provision of this Easement
Deed, the prevailing party in such action shall be entitled to recover from the losing party all of
the prevailing party's costs of suit, including, but not limited to, reasonable attorneys' fees
awarded by the court.
h. Successors and Assigns. All rights, obligations and liabilities herein given
to or imposed upon any party hereto shall extend to the permitted successors and assigns of
any such party.
i. Time of Essence. Time is of the essence of each provision of this
Easement Deed in which time is an element.
j. Counterparts. This Easement Deed may be executed in one or more
identical counterparts and all such counterparts together shall constitute a single instrument for
the purpose of the effectiveness of this Easement Deed.
(Signatures on following pages)
2544-28735\ 619101.3
-4-
IN WITNESS WHEREOF, the Grantor, Easement Holder and Grantee have
caused this Easement Deed to be executed as of the day and year first above written.
"GRANTOI?'
HARVESTON COMMUNITY ASSOCIATION,
a California nonprofit public benefit corporation
By: ~"",,,P,.:.u ~
-r;:~dTe Wilson, President
By: A1I/bA~/
Patty S~inhower, Treasurer
STATE OF CALIFORNIA
COUNTY OF e, JoeK;tJ.~
On 'fY\cvn_V\ ~3
,:ut>c" before me, L.ln.e:i-k m,. Oo:.."4--NrJ~'f'~
(here insert name and trtle of the officer)
Oa.. ~ .5 j2u-V\ Y'tDu..:>e r
personally appeared
and
personally known to me (sr J3reweg tQ R:I'i M +ho ho~;~ "f ~"'tigfaslsFY evieleF1se) to be the
persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
Signature:
kra
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~a L'/NETIEM.
] ~ Commllllon # 1538494 c.
i.. Notary PublIC . CaIIfOmIa "
RtvenIde CClI.IlIv
J MvComm.ElcpNsDec26,2IllII
J .,
2544-28735\ 619101.3
-5-
CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
}ss.
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Signer's Name:
D Individual ./
D CorporateOfficer-Title(s): /
D Partner - D Umited D neral
D Attorney-in-Fact
D Trustee
D Guardian
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. igner Is Representina: j
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State of California
County of
OR AN (.;-6'
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D proved to me on the basis of satisfactory
evidence
to be the person(-sl whose namefet is/.....
subscribed to the within instrument and
acknowledged to me that -he/she/Iller executed
the same in -Iris/herllheir authorized
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the entity upon behalf of which the person(s)
acted, ~x_aed the instrument.
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Tges:
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@1999NationaINotaryAssociation'9350DeSotoAve., P.O. Box 2402. Chatsworth, CA91313-2402' www.NaUonaINotary.org
Prod. No. 5907
Reorder; Call Toli.free 1-600-876-6827
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. SANJAZUPANSKI
_ Commission # 1600638
~ . .,,; Notary Public - California ~
J Orange County [
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Description of Attached Document
Title or Type of Document:
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Document Date:
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
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"EASEMENT HOLDER'
TEMECULA COMMUNITY SERVICES DISTRICT, a
public corporation
By:
Chuck Washington, Board President
STATE OF CALIFORNIA
COUNTY OF
On
, before me,
(here insert name and title of the officer)
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he/she
executed the same in his/her authorized capacity, and that by his/her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Signature:
"
2544-28735\ 619101.3
-6-
"GRANTEe'
WILLIAM LYON HOMES, INC.,
a Califo ia corpo~d
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By: \
Name: --.z.clo::::" I<,u(....,
Title: A S!;...." ~~_4. <_ r ~ L
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By: c:::: ') ~
Name: //4..y~ r
Title: /.!.r.r.,r,t!'.4....yt f-.tr:"/C'F4'/_
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STATE OF CALIFORNIA
COUNTY OF
On
, before me,
(here insert name and title of the officer)
personally appeared
and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
Signature:
2544-28735\ 619101.3
-7-
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
",'A."~'''''~''':';'--A.-;,-",,;,-,,,,;'-~'.'..L_.~.\.'.~~.'..':~~.'..':~_~.:.'.-.,_.:.-...............,.....~"..."...."....,,-.....v~_....;,-,...;,,....<....;,....,.........""".-,.".,~~
State of californiW
County of fi/tltl!5 / ()~
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personally
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I0CIC.
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Rusiian~o1S;9NIEDZ NOJ:iC.~AlG
Name(s) of Signer(s)
On
Date
u.p€rsonally known' to me
r - -.:',,- . - "JENNIK GARCEA!f - R
in. COMM. #1547409 ~
~ NOTARY PUBLIC" CALIFORNIA !Il
. . RIVERSIDE COUNTY
J ~ _ _ _ _ _ _ M! ~o~~. Ex~ir~s_.J~n. _2~: :O~_9 _ ~
D 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 hislher/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
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.si;nt~l'ubliC
OPTIONAL 'L----':
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Place Notary Seal Above
Description of Attached Document
Title or Type at Document:
Document Date:
Number ot Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Aftorney in Fact
o Trustee
o Guardian or Conservator
o Other:
.l't\\'~il~~
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Signer's Name:
o Individual
o Corporate Officer - TiUe(s):
o Partner - 0 Limited 0 General
o Aftorney in Fact
o Trustee
o Guardian or Conservator
o Other:
-
--
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Signer Is Representing:
Signer Is Representing:
~/_Y"'''''''''''''''''''''''''/~~_'''''''''/__'''_'~~~'/~'''~'''t.')f~....~~
@2004NationaINotaryAssociationa9350 De !?oto Ave., P.O. Box 2402. Chalsworth, CA 91313-2402
Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBITS A AND B
LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF EASEMENT AREA
2544-28735\ 6t91OI.3
January 25, 2006
Sheet 1 of 1
EXHIBIT "A"
STORM DRAIN EASEMENT
BEING A PORTION OF LOT 45 AS SHOWN ON TRACT NO. 29639-1 FILED
SEPTEMBER 23, 2002 IN BOOK 323, PAGES 50 THROUGH 60, INCLUSIVE, OF
MAPS, RECORDS OF RIVERSIDE COUNTY, IN THE CITY OF TEMECULA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 45;
THENCE SOUTHWESTERLY ALONG THE WEST BOUNDARY LINE OF SAID
LOT 45 SOUTH 32"21'28" WEST A DISTANCE OF 52.02 FEET TO TRUE POINT
OF BEGINNING;
THENCE LEAVING SAID WESTERLY BOUNDARY LINE SOUTH 57038'32" EAST
A DISTANCE OF 3.97 FEET;
THENCE SOUTH 30054'57" WEST A DISTANCE OF 185.82 FEET;
THENCE SOUTH 30010'56" WEST A DISTANCE OF 58.58 FEET;
THENCE NORTH 59048'09" WEST A DISTANCE OF 10.02 FEET TO A POINT ON
THE WESTERLY BOUNDARY OF SAID LOT 45, SAID POINT ALSO BEING ON A
NON-TANGENT 1295.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY,
A RADIAL LINE TO SAID POINT BEARS NORTH 59043'29" WEST;
THENCE NORTHEASTERLY ALONG THE WESTERLY BOUNDARY OF SAID
LOT 45 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 02004'57" A
DISTANCE OF 47.07 FEET;
THENCE NORTH 32021'28" EAST A DISTANCE OF 197.62 FEET TO TRUE
POINT OF BEGINNING.
CONTAINING: 1731 SQUARE FEET, MORE OR LESS.
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
THIS DESCRIPTION WAS PREPARED
~E_ 0: UNDER MY DIRECTION
~ ~ r___
LONIE K. CYR, PLS 6919 .
MY LICENSE EXPIRES 9/30/07
O:\300-58\LDStormDEasement 1 Ol-25-06.doc
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NORTH
VICINITY MAP
NOT ro SCAlE
CURVE TABLE
NO. RADIUS DELTA LENGTH
C1 1295.00' 02'04'57" 47.07'
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BE] INDICATES AREA OF STORMDRAIN
EASEMENT.
CONTAINS ::I: 1,731 SQUARE FEEf
POC POINT OF COMMENCEMENT
TPOB TRUE POINT OF BEGINNING
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SA V ANNAH DR.
t:!.59'4J'29"W 181...
LOT 35 ! ~
, fLaT 35.
TRACT NO. 30557-1
M.B. 355/18-21
RECORD OWNER:
TRACT NO. 29639-1
M.a. 323/50-60
LOT 45
PREPARED BY:
LUNDSTROM & ASSOCIATES
ONE R/DGEGATE DR/VE, SUITE 210
TEMECULA, CA. 92590
TEL: (951) 491-6690
/
/
EXHIBIT "B"
STORM DRAIN
EASEMENT
DRAWN BY:
SS
DATE:
01/26/06
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SHEET 1 OF 1
ATTACHMENT 2
Parkland/Landscape Faithful Performance Bond
Bond No. 8U5018637
Premium: $1.,000.00
CITY OF TEMECULA
PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Temecula, State of California, and Wi 11 i i'lm T.vnn HnmPR, Inc.
(hereinafter designated as "Principal") have entered into an
"Storm Drain Construction and Maintenance Easement Deed" dated as of
("Agreement") whereby Principal agrees to repair and replace
certain landscaping improvements, which said Agreement, and identified as Project
Tract 29639-1, Lot 45 , 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 Arch Insurance Company
as surety, are held and firmly bound unto the City of Temecula, California, in the penal
sum of $100,000.00, lawful money of the United States, for the payment of such sum
well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally.
The condition of this obligation is such that the obligation shall become null and
void if the above-bounded Principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to, abide by, well and truly keep, and
perform the covenants, conditions, and provisions in the Agreement and any alteration
thereof made as therein provided, on his or their part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to 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
C:\Documents and Setting~pshahabi\Local Settings.Temporary Internet FileSOLK2aBond for Rick Rush.doc
02110/2006
obligation, all to be taxed as costs and included in any judgment rendered.
C:\Documents and SettingApshahabi\Local SettingATemporary Internet FileSOLK2aBond for Rick Rush.doc
0211012006
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 change, extension
of time, alteration or addition to the terms of the Agreement or the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on February 10th , 20 06
(Seal)
(Seal)
(Title)
PRJ""iPAJlW?I":;:~O'.
By: \(~~_\-"~~. ..
,- I <.- c~. 'l<u~
(Name)
Assistant-Secretaty
(Title)
(Name)
Attorney-in-Fact
By: 1/---7
D~~9
(Name)
Assistant-Secretary
(Title)
APPROVED AS TO FORM:
~
Peter Thorson, City Attorney
C:\Documents and Settingspshahabi\Local Settings.Temporary Internet FileSOLK2QBond for Rick Rush.doc
02/1 0/2006
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch '.nsurance Compa!1Y-, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the 'Company") does hereby appoint
Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH)-
its true and laWful Attorney(s)-in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and
on its behalf as surety, and at; -its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any' promissory note, check, draft or letter of credit - - '. .
This authority does not permit the same obligation to. be sp.lii into two or more bonds in order to bring each such bond
y;ithin the dollar'limit of authority as set forth herein. ..
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its'
regularly elected officers at its principal.office in Kansas City, Missouri.
This Power of Attorney is executed by" authority of resolutions adopted by unanimous consent of the Board of Directors' of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
''VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees deSignated-in writing
and filed with the Secretary, or the Secretary shall have the power and authority'to appoint agents and attorneys-in-fact,
and 10 authorize them 10 execute on behalf of the Company, and attach the seal of the Company therelo, bonds and
undertakings, recognizances, contracts of indemnity and other wrilings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process." .
This Power of Attorney is signed. sealed and certiijed by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the Preside",t, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signat~re of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimil'e on any'iiower of a'ttorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so execuled, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Page 1 of 2
Pri'lited in U.S.A.
. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~ personally known to me - OR - 0 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.
------<c'c:~c:c:~----'.....,,-"--~---
State of
("jJ 1 i -Forni o:i
County of
Oranae
On
FES 1 0 Z006
_ before me,
personally appeared
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Name and Title of Officer (e.g., ~Jane Doe. Notary Public") .
Names) of Signer(s)
./
Signature of Notary Public
Though the information below is not required by law; it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
OPTIONAL
Description of Attached Document
Title or Type of Document:
Document Date:
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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signature(s) on the instrument the person(s), or the
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Place Notary Seal Above
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Signature of Nolary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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@2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402
Item No. 5907 Reorder: Call Toll-Free 1-800-876-6627
Suretv Bond Review
The attached surety bonds (Arch Insurance Company) have been reviewed.
(William Lyon Homes Inc.)
Bond #
SU5018637
$ 100,000
Ja'The surety company is an admitted company in the State of California
r:ar;;e admitted company was verified at
www.insurance.ca.gov/docs/fs/admitted.htm
DThe surety company is not an admitted company in the State of California
Surety bond reference is A.M. Best 2005 version 071400 (A-:FSC XIV)
Verified by:
~
Gus -Papagolos, Fiscal Services Manager
Approved As to Form:
J/f#/
P~ter M. Thorson, City Attorney
Company Profile
Company Profile
Page 1 of2
ARCH INSURANCE COMPANY
ONE LIBERTY PLAZA, 53RD FLOOR
NEW YORK, NY 10006
800-821-5546
Former Names for Company
Old N . FIRST AMERICAN INSURANCE COMPANY DBA AMERICAN FIRST Ef" t. D t . 11-06-2002
ame. INSURANCE COMPANY lee lve a e.
Old Name: FIRST AMERICAN INSURANCE COMPANY Effective Date: 01-05-1987
Agent for Service of Process
JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS
ANGELES, CA 90017
TJnahle to Locate the A2:ent for Service of Process?
Reference Information
NAIC #:
NAIC Group #:
California Company ID #:
Date authorized in California:
License Status:
Company Type:
State of Domicile:
11150
1279
3005-6
July 19, 1985
UNLIMITED-NORMAL
Property & Casualty
MISSOURI
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 2:lossarv.
AIRCRAFT
AUTOMOBILE
BOILER AND MACIDNERY
BURGLARY
COMMON CARRIER LIABILITY
DISABILITY
FIRE
LIABILITY
MARINE
http://cdinswww.insurance.ca.gov/pls/wu _ co _lines/idb _ co "proC utl.get_ co "prof?p _ EID=6740
02/14/2006
Print Map Page
Page 1 of 1
City of Temecula
Geo!:'ranhic Information S"stems
43200 Business Park Drive Temecula, CA 92590
(951 )308-6300 www,cityoftemeculaorg
Vicinity Map
Storm Drain Easement Area
http://www.cityoftemecula.orglGIS _IntranetIPrint]rocess.asp?xMin~6284505 .0670 152... 03/09/2006
REDEVELOPMENT
AGENCY
Ii
-
I.
ITEM NO. 15
I
I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
March 21, 2006
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:41
PM" in the City Council Chambers, 43200 Business Park Drive, Temecula, California,
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerchero, Edwards, Roberts,
Washington, and Naggar
ABSENT:
o
AGENCY MEMBERS:
None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones,
PUBLIC COMMENTS
No comments,
RDA CONSENT CALENDAR
19 Minutes
RECOMMENDATION:
19,1 Approve the minutes of February 28, 2006,
MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency
Member Washington seconded the motion and electronic vote reflected unanimous aooroval.
RDA EXECUTIVE DIRECTOR'S REPORT
No additional reports,
RDA AGENCY MEMBERS' REPORTS
No additional reports,
R:\Minutes\032106
RDA ADJOURNMENT
At 7:42 P,M" the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, March 28, 2006, at 5:30 P,M" for a Closed Session, with regular session commencing
at 7:00 P,M" City Council Chambers, 43200 Business Park Drive, Temecula, California,
Michael S, Naggar, Chairman
ATTEST:
Susan W, Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\032106
2
Ii
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I.
ITEM NO. 16
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
William G, Hughes, Director of Public Works/City Engineer
DATE:
April 11 , 2006
SUBJECT:
Award the Construction Contract and Approval of a Soil Excavation and
Temporary Entry Agreement with the Rancho California Water District for-
Temecula Education Center Rough Grading - Project No, PW06-03
PREPARED BY:
Greg Butler, Principal Engineer
David McBride, Senior Engineer
RECOMMENDATION:
That the Agency Members:
1, Award a construction contract for Temecula Education Center Rough Grading,
Project No, PW06-03, to Yeager Skanska, Inc, in the amount of $3,155,810,00 and
authorize the Agency Chairperson to execute the contract.
2, Authorize the Executive Director to approve change orders not to exceed the
contingency amount of $315,581, which is equal to 10% of the contract amount.
3, Approve an appropriation of $730,000 and $270,000 ($1,000,000 total) for the
Temecula Education Center Rough Grading Project No, PW 06-03 from Developer
Reimbursables and Reimbursement from the Rancho California Water District
(RCWD), respectively
4, Establish estimated revenues forthe Temecula Rough Grading Project No, PW 06-
03 in the amount of $730,000 and $270,000 ($1,000,000 total) for Developer
Reimbursables and for Reimbursement from RCWD, respectively,
5, Approve an advance of $1,000,000 from Redevelopment Agency Affordable Housing
Funds to the Temecula Education Center Rough Grading Project No, PW 06-03,
6, Approve a Soil Excavation and Temporary Entry Agreement with the Rancho
California Water District, and authorize the Executive Director to execute the
Agreement.
BACKGROUND: In orderto expedite completion of the overall education center, itwas
determined that City Staff should administer the rough grading component. This project involves the
removal and compaction of approximately 115,000 cubic yards of on site soils, importing and
compacting of roughly 660,000 cubic yards of earth to bring the site to grade, as well as the
importing and placing nearly 330,000 cubic yards of surcharge material over one half of the site to
initiate consolidation of the underlying soils, All import soils will be brought in from the Rancho
California Water District (RCWD) property located immediately northwest of the site, Per the
"Development Agreement" (DA) with the Temecula Education Center (TEe) Developer, A,G, Kading
(AGK), relocating of surcharge materials to facilitate surcharging the remainder of the site, and
eventual removal and disposal of the surcharge soils, back to the RCWD site, when adequate
settlement of the site has been achieved will be the responsibility of AGK,
Nine (9) bids were received and publicly opened on Monday, March 27, 2006, The results were as
follows:
1,
2,
3,
4,
5,
6,
7,
8,
9,
Yeager Skanska, Inc,
Southern California Grading, Inc,
Road Builders, Inc,
DOJA, Inc,
Harris Construction Engineering, Inc,
Fleming Environmental, Inc,
Vance Corporation
SEMA Construction, Inc,
Beador Construction Co" Inc,
$ 3,155,810,00
3,278,825,50
3,582,020,00
3,788,050,00
3,869,887,50
3,872,787,50
4,215,735,00
4,295,295,00
4,999,700,00
A copy of the bid summary is available for review in the office of the City Engineer.
Staff had reviewed the bid proposals and found Yeager Skanska, Inc, to be the lowest responsible
bidder. Yeager Skanska has extensive grading and earthwork experience, public and private, and
has a record of successfully completing public works projects for various public agencies including
various projects for the City of Temecula,
In order to fully fund the project an advance of additional revenue totaling $1,000,000 is needed
to cover the cost of construction, provide for a 10% contingency, and to provide the necessary
professional services to properly manage, inspect and perform material testing during
construction, These additional revenues will be reimbursed by AGK and as discussed below by
the Rancho California Water District.
As stated earlier, the large quantity of import soil to be utilized in this project is from RCWD
lands to the north and east of the project site, Attached with this report is the Agreement
between RCWD and the City that outlines the terms for the utilization of RCWD's excess soil.
As part of the Agreement, RCWD will pay the City $0,50 per cubic yard for soil permanently
utilized on the Education Center site up to a maximum of the $292,500 and this will be offset by
reimbursement of RCWD staffing costs on the project, and topographical surveys by RCWD to
determine the amount of soil removed, Staff estimates obtaining the maximum revenue
$292,500 with RCWD offset expenses totaling roughly $22,500, resulting in net revenue of
$270,000 which isallocated to the project.
Other City or Developer expenses stipulated in the Agreement involve preparation of stockpile
plan for return of the surcharge soils, restoration and maintenance of the RCWD borrow site and
one-half of the cost of a new fencing along our border with the RCWD after construction, These
expenses are addressed in the project budget. RCWD Board approved the Agreement at their
meeting on March 9, 2006, Staff recommends approving the Agreement and authorizing the
Executive Director to execute the Agreement.
FISCAL IMPACT: The original appropriation of funds for this capital improvement
project is included in account number 165-199-835-5804, The account includes $3,000,000, of
Redevelopment Agency low and moderate income set aside funds budgeted for affordable "for
rent" units to be established as part of the Education Center. The DA requires that the
developer, AGK, construct the affordable housing units thereby ultimately ensuring that these
funds be used for affordable housing,
As described above, additional revenue totaling $1,000,000 is needed to fully fund the project.
Staff recommends that the additional funds be comprised of an allocation of $1 ,000,000 from
Redevelopment Agency Affordable Housing Reserves, The $1,000,000 appropriation in
Affordable Housing funds will be reimbursed from AGK, as stipulated in the DA, upon AGK
taking ownership of the property, The transfer of ownership, as prescribed in the DA, shall occur
no later than 90 days after substantial completion of this rough grading project. The exact
appropriations are shown in detail below as well as the detail of the available revenue for the
project.
With the additional appropriations shown below, sufficient funds will be available for the project.
Account No.
165-199-835-
5801 Admin
5802 Design
5804 Const.
5805 Const. Eng
Totals
A
FY 05/06
A ro riation
$
$
$
$
$
o
o
3,000,000
o
3,000,000
riation Detail
Additional
A ro riation
$ 175,000
$ 0
$ 475,000
$ 350,000
$ 1,000,000
Adjusted
A ro riation
$ 175,000
$ 0
$ 3,475,000
$ 350,000
$ 4,000,000
Available Revenue Detail
Actual Additional Total Revenue/ Current Additional
Revenues Revenues Appropriation Appropriation Appropriation
Redevelopment $ 3,000,000 $ 0 $ 3,000,000 $ 3,000,000 $ 0
Aqencv - Housinq
Developer $ 0 $ 730,000 $ 730,000 $ 0 $ 730,000
Reimbursables
RCWD $ 0 $ 270,000 $ 270,000 $ 270,000
Reimbursement
Totals $ 3,000,000 $ 1,000,000 $ 4,000,000 $ 3,000,000 $ 1,000,000
ATTACHMENTS:
1, Temecula Education Center Location - from CIP Budget
2, Temecula Education Center Description - from CIP Budget
3, Construction Contract
4, RCWD Soil Excavation and Temporary Entry Agreement (Project No, D1185)
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW06-03
TEMECULA EDUCA nON CENTER ROUGH GRADING
THIS CONTRACT, made and entered into the 11'h day of April, 2006 by and between the City of
Ternecula, a municipal corporation, hereinafter referred to as "CITY", and Yeager Skanska, Inc.,
hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1. CONTRACT DOCUMENTS. The cornplete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW06-
03, TEMECULA EDUCATION CENTER ROUGH GRADING, Insurance Forrns, this
Contract, and all modifications and arnendments thereto, the State of California Standard
Plans and Specifications for Construction of Local Streets and Roads, (latest edition),
issued by the California Department of Transportation, where specifically referenced in the
Plans, Special Provisions, and Technical Specifications, and the latest version of the
Standard Specifications for Public Works Construction, including all supplernents as
written and promulgated by Public Works Standards, Inc (hereinafter, "Standard
Specifications") as arnended by the General Specifications, Special Provisions, and
Technical Specifications for PROJECT NO. PW06-03, TEMECULA EDUCATION
CENTER ROUGH GRADING. Copies of these Standard Specifications are available from
the publisher:
SNi Building News
Division of BNi Publications, Inc.
1612 South Clernentine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction rnaterials,
and construction methods for this Contract except as arnended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO.
PW06-03, TEMECULA EDUCATION CENTER ROUGH GRADING.
In case of conflict between the Standard Specifications and the other Contract
Docurnents, the other Contract Docurnents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Docurnents describe portions of the work in general terms, but not in
cornplete detail, it is understood that the item is to be furnished and installed cornpleted
,and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
CONTRACT
C-1
R:\CIPlPROJECTSIPW06\PW06.03 TEG Grading\AgreementslConstruction Contractdoc
The Contract Documents are complernentary, and'what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Docurnent shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following:
PROJECT NO. PW06-03, TEMECULA EDUCATION CENTER ROUGH GRADING
All of said work to be perforrned and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Docurnents
hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, rnaterials, toolS, equiprnent, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payrnent for, the work agreed to be done, the sum of: THREE
MILLION ONE HUNDRED FIFTY FIVE THOUSAND EIGHT HUNDRED TEN DOLLARS
and NO CENTS ($3,155,810.00 ), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed seventy (70)
working days, commencing with delivery of a Notice to Proceed by CITY. Construction
shall not cornrnence until bonds and insurance are approved by CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to rnake, by written order,
changes or additions to the work in an arnount not to exceed the contingency as
established by the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before subrnittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payrnent requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a surn equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payrnent request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
CONTRACT
C-2
R:\C!PlPROJECTSIPW06\PW06-03 TEe GradinglAgreementslConstruction Contractdoc
The final payrnent, if unencumbered, or any part thereof unencurnbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Final Release with the CITY on forrns
provided by the CITY.
C. Payments shall be rnade on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been performed in accordance with the terms of
the Contract, and that the amount stated in the certificate is due under the terms of
the Contract. Partial payrnents on the Contract price shall not be considered as an
acceptance of any part of the work.
D. Interest shall be paid on all undisputed payrnent requests not paid within thirty (30)
days pursuant to Public Contracts Code Section 20104.50. Public Contract Code
Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is rnore than 50% cornplete, The Council hereby delegates its authority to reduce
the retention to the Engineer.
7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the surn of five
thousand dollars ($5,000.00) per day for each calendar day completion is delayed beyond
the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payrnents due to or to become due to CONTRACTOR. CONTRACTOR will be
granted an extension of time and will not be assessed liquidated damages for
unforeseeable delays beyond the control of, and without the fault or negligence of, the
CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the
occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty
(30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written
docurnentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to
provide such. notice and docurnentation shall constitute CONTRACTOR'S waiver,
discharge, and release of such delay clairns against CITY.
8. WAIVER OF CLAIMS. On or before rnaking each request for payment under Paragraph 6
above, CONTRACTOR shall subrnit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the amount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payrnent. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
g. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workrnan needed to execute this Contract, from the Director
of the Department of Industrial Relations. These rates are available from the California
Departrnent of Industrial Relation's Internet Web Site at http://www.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the jOb site and shall pay the
CONTRACT
C-3
R:ICIPIPROJECTS\PW05IPW06-03 TEG GradinglAgreementslConstructicm Contracldoc
adopted prevailing wage rates as a rninirnum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775,1776, 1777,5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the surn of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under hirn, in violation
of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone,
CONTRACTOR agrees to save, indemnify, hold harrnless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and darnage to properly, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reirnbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall dE?duct such costs frorn Progress Payments or final payments due to the CITY.
12, GRATUITIES. CONTRACTOR warrants that neither it nor any of its ernployees, agents, or
representatives has offered or given any gratuities or prornises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or
any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work conternplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons ernployed, all firms supplying rnaterials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims 0 r items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the tirnely
perforrnance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant inforrnation with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as rnay be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
CONTRACT
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17. INSPECTION, The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without Iirnitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such rnanner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after cornpletion of the work.
18. DISCRIMINATION, CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex age, or handicap.
19., GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No mernber, officer, or employee of the City of Ternecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board rnember, officer or employee of the City of Ternecula has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in the business
of the contracting party other than t he City of T ernecula, and that if any such interest
comes to the knowledge of either party at any tirne, a full and cornplete disclosure of all
such information will be rnade, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (cornrnencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Governrnent Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total cornpliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as arnended.
22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the sarne in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
Williarn G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O, Box 9033
Temecula, CA 92589-9033
Street Address:
William G. Hughes
Director of Public Works/City Engineer
City of T emecula
43200 Business Park Drive
Temecula, CA 92590-3606
CONTRACT
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
Yeager Skanska, Inc,
1995 Agua Mansa Rd.
Riverside, CA 92509
(951) 684-5360
Eric S. Taylor, Sr. Vice President
Joseph M. Nogues, SecretaryfTreasurer
(Signatures of two corporate officers required for Corporations)
DATED:
CITY OF TEMECULA
Ron Roberts, Mayor
APPROVED AS TO FORM:
Peter M, Thorson, City Attorney
ATTEST:
Susan W. Jones, MMC, City Clerk
CONTRACT
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EXHIBIT "G" - STANDARD PLANS
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SOIL EXCAVATION
AND
TEMPORARY ENTRY AGREEMENT
(PROJECT NO. DU8S)
This Agreement is made and entered into this _ day of March, 2006, by and between
RANCHO CALIFORNIA WATER DISTRICT ("District") and the CITY OF
TEMECULA and its agents or employees ("Permittee") whose address is 43200 Business
Park Drive, Temecula, California 92589.
RECITALS
A. District owns a parcel of land ("Property") identified as Parcel Map No. 24991, as
shown on attached Exhibit A.
B. District has excess soil stockpiled on the Property and is willing to provide up to
900,000 cubic yards of the excess soil ("Allotted Material") available for removal
from that portion of the Property outlined on Exhibit A ("Excavation Site").
C. District will allow the removal of additional soil ("Additional Material"),
approximately 130,000 cubic yards, from that portion of the Property outlined on
Exhibit A ("Future Pond Site").
D. Permittee seeks to remove approximately 700,000 cubic yards of the Allotted
Material to be used for rough grading of Permittee's property. Permittee seeks to
utilize approximately 330,000 cubic yards of the Allotted Material and the Additional
Material for use in surcharging Permittee's property and to return said material to the
Excavation Site to be stockpiled by the Permittee.
E. District agrees to pay Permittee a unit cost of $0.50 per cubic yard, up to a maximum
payment of $292,500, for the quantity of Allotted Material that is removed and not
returned to the Property.
F. Permittee shall remove the Allotted Material and Additional Material under the terms
and conditions as set forth below.
NOW, THEREFORE; IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERMS AND CONDITIONS
a. Permittee shall remove up to 1,030,000 cubic yards of Allotted Material and
Additional Material from the Excavation Site and Future Pond Site. Permittee
may return a portion of said material to the Excavation Site after Permittee has
utilized said material to surcharge Permittee's property.
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b. District shall pay Permittee a unit cost of 50 cents per cubic yard, up to a
maximum payment of $292,500, for the quantity of Allotted Material that is
removed and not returned to the Property. The removal of all Additional
Material and Allotted Material which is returned to the Property, shall not be
the subject of any payment by District. Final determination of the quantity of
Allotted Material actually removed, as the sole basis of final payment, shall be
calculated as the difference between a preconstruction and a post-construction
topographic survey to be performed by the District.
c. Permittee agrees to reimburse District for all District staff costs and survey
cost associated with this Agreement as set forth in invoices submitted by the
District to the Permittee.
d. All work shall be coordinated through District's contact person, Craig Mapes,
Construction Contracts Manager, at (951) 296-6900.
e. The term of this Agreement shall be from April 1, 2006 ("Commencement
Date") to June 1,2007 ("Completion Date").
f. District shall only remit payment to Permittee for the removal of Allotted
Material from the Property prior to October I, 2006.
g. District reserves the right to remove excess soil from the Property by its
representatives, contractors, agents, or employees during the term of this
Agreement. Permittee's use of the Property shall be non-exclusive and
Permittee shall coordinate his activities with the District's representatives,
contractors, agents, or employees.
h. Permittee's use of Property shall at all times be subject to District's right to
use Property for any purposes and for those uses for which it is currently
being used, including but not limited to the existing leased area for the
Southwest Soccer Club.
i. Permittee shall make every effort to minimize interference with the existing
use of District's Property. Permittee's haul route on the Property shall be as
directed by District and limited to the area indicated on Exhibit A.
J. Permittee shall secure the Property, at all times, by providing additional
fencing, gates, locks and keys to District as necessary. Permittee shall under
no circumstances limit District's access to the site. Prior to the Completion
Date, Permittee shall replace the existing property line fence, along the
northern boundary of the Cherry Street right-of-way (approximately 1,400
lineal feet), with a new six-foot high chain link fence with barbed wire in
accordance with RCWD's Standard Drawing No. RW-44. The cost of the
new chain-link fence will be split on an equal basis between the District and
the Permittee.
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k. Permittee shall restrict its operations on the District's Property to the work
hours identified on the attached City of Temecula GradinglHaul Route Permit.
Permittee shall not work on District's Property on Sunday or any legal holiday
without prior written approval from the District.
1. Permittee shall gain access to Property by no other means than the "Cherry
Street Entry," as directed by District and indicated on Exhibit A.
m. Permittee shall not use any equipment or engage in any activity on Property
other than the stated purpose herein, nor shall Permittee change the existing
grade or otherwise modif'y the topography of Property, with the exception of
the Excavation Site and Future Pond Site, without prior written consent of
District.
n. Permittee shall maintain complete control over all workers and operations.
Permittee shall be responsible for any acts or omissions of all Permittee's
personnel.
o. Permittee, at Permittee's expense, shall obtain all permits and licenses
necessary to comply with applicable laws and ordinances.
p. Permittee shall perform all work in accordance with all applicable safety
codes, ordinances, and other regulations. Particular emphasis shall be given to
regulations of the State of California Department of Industrial Safety and the
provisions of the California Labor Code and the Occupational Safety and
Health Act (OSHA) of 1973.
q. Permittee shall provide on-site dust control and shall comply with all
requirements of the Southern California Air Quality Management District's
Rule 403 - Fugitive Dust.
r. Permittee shall obtain coverage provided by the General Permit for
Discharges of Storm Water Associated with Construction Activity
(Construction General Permit, 99-08-DWQ), pursuant to the Storm Water
Program of the State Water Resources Control Board Water Quality. All fees,
including those costs associated with the Notice of Intent and development
and implementation of the required Storm Water Pollution Prevention Plan
(SWPPP) shall be at the Permittee's sole expense.
s. Permittee shall submit to District for approval, an Injury and Illness
Prevention Program in accordance with OSHA requirements.
t. Permittee hereby warrants and represents that it will not cause the presence,
use, storage, or disposal of any hazardous substances on the Property without
the prior written consent of District.
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u. Permittee shall, prior to the termination of this Agreement, restore Property to
a condition, as near as reasonably possible, to that which existed prior to
Permittee's occupancy which may include, but not limited to, restoring
existing drainage facilities, restoring roads and re-vegetating disturbed areas.
v. Permittee shall place the returned soil material, previously used for surcharge
purposes, as near as reasonably possible to the existing stockpile site. The
Permittee shall prepare a soil stockpile plan for District approval, which shall
identify the proposed grading for the stockpile, compaction requirements,
drainage facilities and re-vegetation.
w. District will allow the Permittee to sell or otherwise dispose of the surcharged
material used by Permittee in lieu of returning the surcharged material to the
existing stockpile site.
x. Permittee will have the sole responsibility of determining the quality and
suitability of the Allotted Material and Additional Material for its intended
use. The District provides no warranty or guarantee, implied or expressed, as
to the quality or nature ofthe Allotted Material and Additional Material.
y. Said unsigned Agreement shall remain valid until May 1,2006.
2. PRE-CONSTRUCTION MEETING
Permittee, or its designated representative, shall notify District no less than three (3)
days in advance of Commencement Date to arrange meeting with District for a "pre-
construction" meeting to review contract terms, establish schedules and provide all
required documents.
3. PERMllltlE'S LIABILITY
The District, its representatives, engineer/architect, and their consultants, directors,
officers, agents, and employees shall not be answerable or accountable in any manner
for any loss or damage that may happen to the Permittee's work or any part thereof,
or for any of the materials or other things used or employed in performing the
Permittee's work, or for injury or damage to any person or persons, either workers,
employees of Permittee or its subcontractors or the public, or for damage to adjoining
or other property, from any cause whatsoever arising out of or in connection with the
performance of the work by the Permittee. The Permittee shall be responsible for any
damage or injury to any person or property resulting from defects or obstructions or
from any cause whatsoever arising out of or in connection with the performance of
the work; provided, however, that the Permittee shall not be liable for the active
negligence of District, its agents, servants, or independent contractors who are
directly responsible to District.
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The Permittee shall indemnify the District, its representatives, engineer/architect, and
their consultants, directors, officers, agents, and employees against and will hold and
save them and each of them harmless from any and all actions, claims, damages to
persons or property, penalties, obligations, or liabilities that may be asserted or
claimed by any person, firm entity, corporation, political subdivision, or other
organization arising out of or in connection with the work, operation, or activities of
the Permittee, its agents, employees, subcontractors or invitees, provided for herein,
whether or not there is concurrent passive or active negligence on the part of the
District, its representatives, the engineer/architect or their consultants, directors,
officers, agents, and employees, but excluding such actions, claims, damages to
persons or property penalties, obligations or liabilities arising from the active
negligence of District, its representative, the engineer/architect or those who are
directly responsible to them; and in connection therewith;
a. Permittee will defend any action or actions filed in connection with any of
said claims, damages, penalties, obligations, or liabilities and will pay all costs
and expenses, including attorney's fees incurred in connection therewith.
b. Permittee will promptly pay any judgment rendered against Permittee,
District, its representatives, engineer/architect, and their consultants, directors,
officers, agents, and employees covering such claims, damages, penalties,
obligations, and liabilities arising out of or in connection with such work,
operations, or activities of Permittee hereunder and Permittee agrees to save
and hold District, its representatives, engineer/architect, and their consultants,
directors, officers, agents, and employees harmless therefrom.
c. In the event the District, its representatives, engineer/architect, or their
consultants, directors, officers, agents, and employees are made a party to any
action or proceeding filed or prosecuted against Permittee for such damages or
other claims arising out of or in connection with the work, or operation or
activities of Permittee hereunder, Permittee agrees to pay to District, its
representatives, engineer/architect, and their consultants, directors, officers,
agents, and employees any and all costs and expenses incurred by District, its
representatives, the engineer/architect, and their consultants, directors,
officers, agents, and employees in such action or proceeding together with
reasonable attorney's fees.
d. The District may retain, to the extent it deems necessary, the money due to the
Permittee under and by virtue of this Agreement until disposition has been
made of such actions or claims for damages as specified hereinabove.
4. PERMl1mE'S INSURANCE
The Permittee shall not commence work pursuant to this Agreement until it has
obtained all insurance required hereunder in a company or companies qualified to do
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business in the State of California and acceptable to the District. In addition, the
Permittee shall not allow any subcontractor to commence work on its subcontract
until such subcontractor has obtained the same insurance coverage required of the
Permittee under this Agreement and until such insurance policies have been approved
by the District.
I. Insurance Reauirements for Permittee - Permittee shall procure and maintain for
the duration of this Agreement, insurance against claims for injuries or damages
to Property, which may arise from or in connection with the work by the
Permittee, his agents, representative's employees or subcontractors. The cost of
such insurance shall be borne by the Permittee.
a. Minimum Scope of Insurance - coverage shall at least be as broad as:
i. Insurance Services Office Commercial General Liability Coverage
(Occurrence Form No. CGOOOI [11188 Revisions]).
ii. Insurance Services Office Form No. CA-OOOl (12/90 revisions)
covering Automobile Liability.
111. Worker's Compensation coverage, as required by the Labor Code
of the State of Calif ami a and Employer's Liability Coverage.
b. Minimum limits of insurance:
1. Comprehensive General Liability: $1,000,000 combined single
limit for each occurrence of Bodily Injury, Personal Injury and
Property Damage, and $2,000,000 Aggregate Total Bodily Injury
and Property Damage.
11. Automobile Liability: $1,000,000 combined single limit per
accident for Bodily Injury and Property Damage.
111. Excess Liability per this Agreement (e.g., exceeding $50,000) -
$3,000,000 Bodily and Property Damage.
IV. Worker's Compensation and Employer's Liability: Worker's
Compensation limits as required by the Labor Code of the State of
California and Employer's Liability limits of not less than
$1,000,000 per accident.
c. Deductibles or self-insurance: Any and all deductibles or self-insured
retention must be declared to and approved by the District. At the option
of the District either: the insurer shall reduce or eliminate such deductibles
or self-insured retention as they relate to the District, its officers, agents,
employees, and consultants: or the Permittee shall procure a bond
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guaranteeing payment of losses and related investigation, claim
administration, and defense expenses.
d. Hold harmless (indemnity) agreement: Permittee shall take all
responsibility for the work, shall bear any and all losses and damages
directly or indirectly resulting to Permittee, to any third party, to any sub.
lessee, to the District, its representatives, to the engineer/architect or to
their officials, directors, officers, agents, and employees due to the
performance or character of the work, unforeseen difficulties, accidents,
occurrences, or other causes. Permittee shall assume the defense costs of
and hold harmless the District, its representatives, the engineer/architect,
and their officers, directors, agents, employees, and consultants from all
claims, loss, damage, injury, and liability of every kind, nature, and
description directly and indirectly arising from the performance of the
work. Approval of the insurance contracts does not relieve the Permittee
or subcontractors from liability under this hold harmless clause.
e. All insurance policies shall be issued by acceptable insurance companies,
as determined by the District, which 1) are qualified to do the business of
insurance in California, 2) maintain an agent for service of process within
the State, and 3) are rated not less than "A VII" according to the latest
Best's Key Rating Guide.
2. Other Permittee Insurance Provisions - The policies specified herein are to
contain or be endorsed to contain the following provisions:
a. The District, its representatives, engineer/architect and their consultants,
directors, officers, agents, and employees, consultants, and volunteers are
to be covered as additional insureds as respects: Liability arising out of the
activities performed by or on behalf of the Permittee; products and
completed operations of the Permittee; premises owned, leased, or used by
the Permittee; or automobiles owned, leased, hired, or borrowed by the
Permittee.
b. The Permittee's insurance coverage shall be primary insurance as respects
the District, its representatives, engineer/architect and their directors,
officers, agents, employees, consultants, and volunteers. Any insurance or
self-insurance maintained by the District, its representatives, the
engineer/architect and their directors, officers, employees, consultants, or
volunteers shall be in excess of the Permittee's insurance and shall not
contribute to it.
c. Any failure to comply with the reporting provisions of the policy shall not
affect coverage provided to the District, its representatives, the
engineer/architect and their directors, officers, agents, employees,
consultants, and volunteers.
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d. Coverage shall state the Permittee's insurance and 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.
3. Comnensation and Emnlover's Liabilitv CoveraQ"e - The insurer shall agree to
waive all rights of subrogation against the District, its representatives,
engineer/architect and their directors, officers, agents, employees, consultants,
and volunteers for losses arising from work performed by the Permittee for the
District.
4. All CoveraQ"e - Each insurance policy required by the policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior to written
notice by certified mail, return receipt requested, has been given to the District.
5. Proof of Insurance - The Permittee shall, at the time of the execution of this
Agreement, present the original policies of insurance required by this Section, or
present a certificate of the insurance company, showing the issuance of such
insurance and the additional insureds and other provisions required herein.
6. Certificate ofInsurance - The Permittee shall, at least thirty (30) days prior to the
expiration of any insurance policy required by this Agreement, file a signed and
completed "Certificate of Insurance" (listing all policy endorsements and
provisions called for by this Agreement) with the District stating that such
insurance policy has been renewed or extended.
5. PAYMENTS
a. Unit Cost Pavment - The District agrees to pay Permittee a unit cost of $0.50
per cubic yard for the quantity of Allotted Material that is completely removed
from the Property prior to October 1,2006. No payment will be made by the
District for any material that is removed after September 30, 2006. The
maximum payment amount by the District will be limited to $292,500.
b. Monthlv Pavments - The Permittee shall, on or before the twenty-fifth (25th) day
of each calendar month after removal of the Allotted Material has started, except
in the case of the fmal payment hereinafter provided, submit a detailed estimate
in writing of the quantity of Allotted Material removed for the preceding
calendar month.
The District shall retain ten percent (10%) of such estimated value as part
security for the fulfillment of the Agreement by the Permittee and shall, within
ten (10) days after the next regular meeting of the District Board of Directors
following the preparation of such estimate, pay to the Permittee the balance of
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such estimated value after deducting therefrom all previous payments and all
sums to be kept or retained under the provisions of this Agreement.
Final Pavrnent - The District shall pay the final sum so found to be due
provided that a release of liens and claims has been received from the
Permittee pursuant to Civil Code Section 3262. The final payment shall not
be due and payable until the expiration of thirty-five (35) days from the date
of acceptance by the District of the removal of the Allotted Material by the
Permittee. The District's representative shall, after the satisfactory removal of
the Allotted Material by the Permittee, make a final determination of the
quantity of Allotted Material actually removed as the sole basis of the final
payment. The determination of the quantity used for the final payment shall
be calculated as the difference between a pre-construction and a post-
construction topographic survey to be performed by the District and at the
Permittee's cost. The District shall pay to the Permittee the balance of such
final payment after deducting therefrom all previous payments and including all
sums kept or retained under the provisions of this A"",,,...ent.
No certificate given or payments made under this Agreement, except the final
certificate or final payment shall be evidence of the performance of the
Agreement, either wholly or in part, and no payment shall be construed to be
an acceptance of any defective work or improper materials.
c. Permittee Reimbursement Pavment~ - The District shall, on or before the
twenty-fifth (25th) day of each calendar month, after Permittee's work has
started, submit a detailed invoice to the Permittee for reimbursement of District
staff costs for the preceding calendar month. Permittee shall make full payment
to the District within twenty (20) calendar days.
6. PERMITTEE REPRESENTATIONS,
Permittee warrants and represents that:
a. It has complied with all federal, state, county and local laws necessary for said
activities, including, without limitation, obtaining all necessary permits,
entitlements and license to excavate and remove the Allotted Material and
Additional Material from the Property, and obtaining an approved City of
Temecula GradinglHauling Permit for ingress and egress from the Property,
and will comply with all applicable laws while performing this excavation,
including, but not limited to, compliance with all labor laws.
b. It has all necessary licensees) needed to perform his duties.
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7. ASSIGNMEN1:
Permittee shall not assign any of its rights under this Agreement to any person or
entity without the prior written consent of District.
8. DISPUTES
All disputes arising out of or in relation to the Agreement shall be determined in
accordance with Section 12 of the District's General Provisions of the Standard
Specifications and Standard Drawings for Water and Sanitary Sewer Facilities. The
Permittee shall pursue the work to completion in accordance with the instructions of
the District notwithstanding the existence of any questions or dispute.
9. AGREEMENT PREP ARA TION
This Agreement shall not be construed against the party preparing it, but shall be
construed as if both parties prepared it.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between District and Permittee
relating to the soil excavation and temporary entry on the Property. Any prior
agreements, promises, negotiations, or representation not expressly set forth in this
Agreement are of no force and effect. Any amendment to this Agreement shall be of
no force and effect unless it is in writing and signed by District and Permittee.
11. P A RAGRAPR CAPTIONS
Captions to Paragraphs/Subparagraphs are for convenience purposes only and are not
part ofthis Agreement.
12. BINDING PROVISIONS
This Agreement is binding upon heirs, representatives, successors and assigns of the
parties hereto.
13. SIGNATURE AUTHORlTY
The undersigned individuals hereby warrant and represent that they each have full
legal authority to sign this Agreement and bind the parties hereto.
Permittee shall indicate their acceptance of the terms and conditions of this
Agreement and the permission granted herein by signing in the space provided and
returning this original copy of the Agreement to District.
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Rancho California Water District
42135WinchesterRoad. PostOfIiceBox:9017. Temecula,California92589-9017. (951)296-6900. FAX (951) 296-6860
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IN WITNESS WHEREOF, this Agreement has been executed as of the day, month
and year first above written.
RANCHO CALIFORNIA WATER DISTRICT
By: ~#h~~
Brian J. Brady, cienenil Manager /
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Dated:
CITY OF TEMECULA
By:
Shawn Nelson, City Manager
Dated:
06\A W:lm040a1D1185
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Page II of II
Rancho Califol'llia Water District
42135 Winchester Road . Post Office Box 9017 . Temecula,California92589-9017. (951)296-6900 . FAX(951)296-6860
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ITEM NO. 17
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
April 11, 2006
SUBJECT:
Appeal of Three Conditions of Approval for PA05.0064 - A Comprehensive Sign
Program for the Margarita Crossings Shopping Center
PREPARED BY:
Stuart Fisk, Associate Planner
RECOMMENDATION:
That the City Council:
1, Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL OF THREE CONDITIONS OF
APPROVAL FOR PA05-0064 - A COMPREHENSIVE SIGN
PROGRAM FOR THE MARGARITA CROSSINGS SHOPPING
CENTER, GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF MARGARITA ROAD AND OVERLAND DRIVE
BACKGROUND: Planning Application No, PA05.0064 is an appeal of three Conditions
of Approval for a Comprehensive Sign Program for the Margarita Crossings Shopping Center,
generally located at the southwest corner of Margarita Road and Overland Drive, The appeal was
filed by Mathew Fagan on behalf of the property owner, Mark Burger.
September 21. 2005 Planninq Commission Hearinq
At the Planning Commission hearing on September 21,2005, the Planning Commission expressed
concerns with the intensity of the proposed sign color palette and believed that the proposed
signage detracted from the architecture, The Planning Commission requested thatthe sign program
be revised to require that some of the signs on Building C be a design other than a variation of
channel letters, and that some of the signs be indirectly illuminated, The project was continued so
that the applicant could revise the sign program to require wall signs that better integrate with the
architectural style of Building "C" of the project.
December 14, 2005 Plannina Commission Hearina
The applicant made most of the revisions to the sign program that the Planning Commission
requested, However, the types of signs that the Planning Commission initially had concerns with
(i.e" various channel letter designs) were retained in the proposed sign program, Newly proposed
blade signs and wall signs consisting of "flat cut out letters or logos with gooseneck lighting" were
merely additional design options that tenants could choose from, with no mandate for their use, To
address this concern, the Planning Commission approved the project with 4-1 vote (Chairman
Mathewson voting "No") on December 14, 2005, subject to additional Conditions of Approval
numbers 13, 14, and 16 as follows:
13, Page 13 of the sign program shall be revised to clearly state that for Building "C", no two
similar sign types shall be located adjacent to one another (unless the signs are for the
same tenant) for signage located internal to the project site,
14, The sign program shall be revised to eliminate any allowance for exposed neon,
16, The sign program shall be revised to allow for halo lighting without mixed media (i.e" neon
behind opaque letters, but not with exposed neon in front of or within channel letters),
At the Planning Commission hearing on December 14, 2005, the applicant expressed opposition to
the above referenced conditions of approval because he believed that his shopping center would be
placed at a competitive disadvantage with other shopping centers in the city,
APPEAL:
On December 28,2005, Mr. Matthew Fagan, representing Pacific Development Partners, LLC, filed
an appeal of the Planning Commission's decision with regard to the inclusion of the above-
referenced Conditions of Approval. The applicant, therefore, is requesting that the City Council
remove Condition of Approval numbers 13, 14, and 16 from the Final Conditions of Approval for this
project. Following are the written justifications provided by Mr. Fagan for the appeal and staff's
response to these justifications:
1, Mr. Fagan states that the sign program, as presented to the Planning Commission, is
consistent with Section 17,28 (Sign Standards) of the City's Development Code,
ResDonse
Section 17,28,080 of the Development Code states that "In addition to the sign permits
required by Section 17,28,030, certain types of developments require a sign program to
ensure that all proposed signs are in harmony with other on-site signs, buildings, and
surrounding developments", Consistent with this section of the Development Code, and
considering the quality of the architecture for the project, the Planning Commission added
the above-referenced Conditions of Approval to ensure that the signs permitted by the sign
program would be in harmony with all of the on-site buildings, Therefore, staff believes that
the statement that the sign program was consistent with Section 17,28 of the Development
Code is inaccurate and this is not justification for an appeal.
2, Mr. Fagan states that no variance or special exceptions from the Sign Standards were
requested,
ResDonse
Sign programs are intended to be a tool of flexibility, allowing for variation from the specific
sign criteria identified in the Development Code to ensure that all proposed signs are in
harmony with other on-site signs, buildings, and surrounding developments, Therefore, a
sign program would never require a variance or special exception and the fact that no
variance or special exceptions from the Sign Standards were requested is not justification for
an appeal.
3, Mr. Fagan states that the Sign Program offers a variety of sign options that are consistent
with all prior Programs approved by the City of Temecula,
ResDonse
Sign programs are intended to be unique, allowing fordesigns that are in harmony with other
on-site signs, buildings, and surrounding developments, Therefore, it is not practical to
compare one sign program to another. Furthermore, consistent with the Development Code,
the Planning Commission determined that the architecture within the shopping center
commands the type and variety of signs that the project was conditioned for to ensure that
the signs permitted by the sign program would be in harmony with all of the on-site buildings,
4, Mr. Fagan states that no other Programs have been required to carry the burden of these
additional Conditions of Approval.
ResDonse
The Development Code establishes the requirement for sign programs to mandate signs
that are in harmony with other on-site signs, buildings, and surrounding developments, and
on August 9, 2005, the City Council adopted revised City-Wide Design Guidelines that
support this requirement by calling for signs to be "incorporated into building architecture",
Staff has been working to incorporate these additional requirements into the sign programs
currently being reviewed and believes that comparing this sign program to older sign
programs does not provide justification for an appeal.
5, Mr. Fagan contends that the imposition of these conditions provides an un-level playing field
for the retail and commercial uses in this center in relation to the surrounding retail/
commercial uses and other retail/commercial uses in the City and the region,
ResDonse
Staff's emphasis in reviewing sign programs is not based on market competition; rather it is
based on the intent of the Development Code to establish unique sign programs that ensure
that all proposed signs are in harmony with other on-site signs, buildings, and surrounding
developments, Furthermore, staff believes that a shopping center with a higher quality
design has a competitive advantage in that it will more likely attract both tenants and
customers, Therefore, staff believes that the contention that the conditions for the project
provide an un-level playing field for the retail and commercial uses in this center in relation to
the surrounding retail/commercial uses and other retail/commercial uses in the City and the
region is invalid and does not provide justification for an appeal.
FISCAL IMPACT:
None
ATTACHMENTS:
City Council Resolution
Appeal Application
Planning Commission Resolution No, 05-67
Planning Commission Staff Report of December 14, 2005
Minutes for Planning Commission Hearing of December 14, 2005
Minutes for Planning Commission Hearing of September 21,2005
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL OF THREE CONDITIONS
OF APPROVAL FOR PA05-0064 - A COMPREHENSIVE SIGN
PROGRAM FOR THE "MARGARITA CROSSINGS" SHOPPING
CENTER, GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF MARGARITA ROAD AND OVERLAND DRIVE
Section 1, Procedural Findinas, The City Council of the City of Temecula hereby
finds, determines and declares that:
A. Matthew Fagan, representing Pacific Development Partners LLC
(collectively the "Applicant"), filed Planning Application No, PA05-0064, in accordance with the
City of Temecula General Plan and Development Code,
B, Planning Application No, PA05-0064, seeking both a Sign Program
approval (hereafter, the "Proposed Project"), was processed including, but not limited to a public
notice, in the time and manner prescribed by Federal, State and local law,
C, The Planning Commission held duly noticed public hearings on
September 21 and December 14, 2005, to consider the Proposed Project, at which time the
interested persons had an opportunity to and did testify either in support of or in opposition to
this matter.
D, At the conclusion of the Planning Commission hearing and after
consideration of the staff report, conditions of approval, and public testimony, the Planning
Commission adopted PC-Resolution No, 05-67 on December 14, 2005, thereby approving
Planning Application No, PA05-0064 subject to certain Conditions of Approval.
E, On December 28, 2005, Mr. Matthew Fagan (the "Appellant") filed a
timely appeal of three Conditions of Approval for PA05-0064 based on the following notions: 1)
That the sign program, as presented to the Planning Commission, was consistent with Section
17,28 (Sign Standards) of the City's Development Code; 2) That no variance or special
exceptions from the Sign Standards were requested; 3) That the Sign Program offers a variety
of sign options that are consistent with all prior Programs approved by the City of Temecula; 4)
That no other Programs have been required to carry the burden of these additional Conditions
of Approval; 5) That the imposition of these conditions provides an un-level playing field for the
retail and commercial uses in this center in relation to the surrounding retail/commercial uses
and other retail/commercial uses in the City and the region,
F, On April 11, 2006, the City Council held a duly noticed public hearing to
consider the appeal, and during that public hearing and during the deliberations that ensued, the
City Council considered the staff report, Conditions of Approval, Planning Commission minutes,
testimony and correspondence from the Appellant, the Applicant and the public, and the
complete public record,
Section 2, Findina?, The City Council hereby makes the following findings as
required by Section17,28,080,B of the Temecula Municipal Code with respect to Planning
Application No, PA05-0064:
A. As conditioned, the proposed sign program will preserve and improve the
appearance of the City as viewed from Overland Drive and Margarita Road and the allowable
signage is appropriate for effective business signage by combining common design elements,
B, The sign program accommodates future revisions which may be required
due to changes in building tenants,
C, The proposed sign program, as conditioned, satisfies the intent or
objectives of the Development Code and will enhance the development. As conditioned, the
proposed program results in appropriate signage that compliments the building architecture and
aesthetics,
Section 3, Environmental Comoliance, The project is Categorically Exempt from
environmental review (Class 11 - Accessory Structures) pursuant to Section 15311 of the
California Environmental Quality Act. Section 15311 applies when a project consists of
construction or replacement of minor structures accessory to existing commercial, industrial, or
institutional facilities, including on-premise signs,
Section 4, Denial of Aooeal: Conditional Aooroval. Based on the foregoing findings,
the City Council hereby denies the appeal of Matthew Fagan, dated December 28, 2005, and
approves Planning Application No, PA05-0064, subject to the Conditions of Approval set forth
on Exhibit 1, attached hereto and incorporated herein as though set forth in full,
Section 5,
The City Clerk shall certify the adoption of this resolution,
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
11th day of April, 2006,
Ron Roberts, Mayor
ATTEST:
Susan W, Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W, Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No, 06- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 11th day of April, 2006, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W, Jones, MMC
City Clerk
EXHIBIT 1
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.: PA05-0064
Project Description: A Comprehensive Sign Program for the Margarita
Crossings Shopping Center located on a 5.56 acre site
at the southwest corner of Margarita Road and
Overland Drive (A.P.N. 921-810-026)
MSHCP Category: NA
DIF Category: NA
TUMF Category: NA
Approval Date: March 28, 2006
Expiration Date: March 28, 2008
PLANNING DEPARTMENT
Within 48 Hours of the Approval of this Project
1, The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four Dollars
($64,00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 211 08(b) and California
Code of Regulations Section 15062, If within said forty-eight (48) hour period the
applicant/developer has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of condition
(Fish and Game Code Section 711.4(c)),
General Requirements
2, The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application, The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
employees, consultants, contractors, legal counsel, and agents, City shall promptly
notify both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action, The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense,
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2
3, This approval shall be used within two years of the approval date; otherwise, it shall
become null and void, By use is meant the beginning of substantial construction
contemplated by this approval within the two-year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
4, The Director of Planning may, upon an application being filed within thirty days prior to
expiration and for good cause, grant a time extension of up to three one-year extensions
of time, one year at a time,
5, The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files,
6, The erection of signs on the premises shall substantially conform to the approved Sign
Program, contained on file with the Planning Department.
8, If at any time during excavation/construction of the site, archaeological/cultural
resources, or any artifacts or other objects which reasonably appears to be evidence of
cultural or archaeological resource are discovered, the property owner shall immediately
advise the City of such and the City shall cause all further excavation or other
disturbance of the affected area to immediately cease, The Director of Planning at
his/her sole discretion may require the property to deposit a sum of money it deems
reasonably necessary to allow the City to consult and/or authorize an independent, fully
qualified specialist to inspect the site at no cost to the City, in order to assess the
significance of the find, Upon determining that the discovery is not an
archaeological/cultural resource, the Director of Planning shall notify the property owner
of such determination and shall authorize the resumption of work, Upon determining
that the discovery is an archaeological/cultural resource, the Director of Planning shall
notify the property owner that no further excavation or development may take place until
a mitigation plan or other corrective measures have been approved by the Director of
Planning,
9, Page 12 of the sign program ("Maximum Letter/Copy Height" section) shall be revised to
state that permitted letter heights shall not exceed 30" for a single row of sign text or 40"
for total stacked height where two lines of text is utilized,
10, Page 7 of the sign program ("Sign Treatments" section) shall be revised to read
"Signage composed of several different elements and lighting techniques is required,"
11, Page 7 of the sign program ("Lighting" section) shall be revised to read "Site signage
and building tenant signage shall be illuminated using a variety of lighting techniques,"
12, The sign program shall be revised to only allow for externally illuminated signs at the
rear of Building "c" and to require uniform signage design for the rear of Building "c,"
13, Page 13 of the sign program shall be revised to clearly state that for Building "C", no two
similar sign types shall be located adjacent to one another (unless the signs are for the
same tenant) for signage located internal to the project site, (Added by the Planning
Commission at the December 14, 2005 hearing.)
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3
14, The sign program shall be revised to eliminate any allowance for exposed neon,
(Added by the Planning Commission at the December 14, 2005 hearing.)
15, The sign program shall be revised to require two sign design elements (i.e" multi-media
signage) with regards to lighting for wall signs located internal to the project site on
Building "C," (Added by the Planning Commission at the December 14, 2005
hearing.)
16, The sign program shall be revised to allow for halo lighting without mixed media (i.e"
neon behind opaque letters, but not with exposed neon in font of or within channel
letters), (Added by the Planning Commission at the December 14, 2005 hearing.)
17, Illumination of all signs shall conform to the requirements of Ordinance No, 655 to
reduce impacts on the Mount Palomar Observatory,
Prior to the Issuance of Building Permits
18, A separate building permit shall be required for all signage,
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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City of rJemecuCa
43200 BUsiness Pari< Drive
P.O,13ox 90;33
Temecula, California 92589-9033
(951) 694-640Q FAX (951) 694-6477
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. , prQ!'erty tltatls tile illibjilct matter ()f thIs applicaUon anol lam authorizing to and hereby do corisent to
thefllinllof this application and acknowledge. thafthe flnal approva' by the City of Temecula, if any, may
, ' reslllt,in restl'lctions, Iimitation$ and construction obllgatlon$ being imposed on thlll relll prOpllrty.
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Planning Application No. PA05-0064
(Margarita Crossings Sign Program)
Appeal
Section A. DescriDtion of Action Beino ADDealed
The Planning Commission took action on the Sign Program (Program) on December 14,
2005. The Program is identified by Planning Application No. PA05-0064 (Margarita
Crossings Sign Program) and the Project site is generally located at tne soutnwest
corner of Margarita Road and Overland Drive. The following Conditions of Approval are
being appealed at this time:
. Condition of Approval No. 13 (COA 13), which reads:
"Page 13 of the sign program shall be revised to clearly state that for Building "C", no
two similar sign types shall be located next to one another (unless the signs are for
the same tenant) for signage located internal to the project site."
. Condition of Approval No. 14 (COA 14), which reads:
"The sign program shall be revised to eliminate any allowance for exposed neon."
. Condition of Approval No. 16 (COA 16), which reads:
"The sign program shall be revised to allow for halo lighting without mixed media
{Le., neon behind opaque letter, but mot with exposed neon in front of or within
channel letters."
Section B. Written DescriDtion to SuDDort AD Deal
The justifications for this appeal are contained in the following points listed below, which
pertain specifically to COA 13, COA 14 and COA16:
. The Program as presented to the Planning Commission was consistent with Section
17.28 (Sign Standards) of the City's Development Code.
. No variance or special exceptions from the Sign Standards were requested.
. The Sign Program offers a variety of sign options that are consistent with all prior
Programs approved by the City of Temecula.
. No other Programs have been required to carry the burden of these additional
Conditions of Approval.
. The imposition of these conditions provided an un-level playing field for the retail and
commercial uses in this center in relation to the surrounding retail/commercial uses
and other retail/commercial uses in the City and region.
1
Section C. Evidence to SUDDort Position
The evidence to support the appeal is as follows:
. There was no concurrence with the Appellant to include these COA's into the
Program at the Planning Commission hearing; therefore, the Planning Staff, at the
, " _9ireQtipll of the Planning Commission imposed these requirements with the Final
Conditions of Approval.
. It was noted by the Appellant at the Planning Commission hearing that the project
was in fact consistent with the City's Development Code.
. It was noted by the Appellant at the Planning Commission hearing that flexibility and
variety in the Program would allow for a wider variety of high quality signs.
. It was noted by the Appellant at the Planning Commission hearing that eliminating
exposed neon was not a preferred option.
. It was noted by the Appellant at the Planning Commission hearing that the Program
was similar in quality to those already approved by the City.
. It was noted by the Appellant at the Planning Commission hearing that COA 13 was
neither feasible nor equitable.
Section D. Desired Action to be Taken
The Appellant requests that the City Council remove COA 13, COA 14 and COA 16
from the Final Conditions of Approval for the Program.
2
PC RESOLUTION NO. 05-67
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA05-0064, A COMPREHENSIVE SIGN PROGRAM FOR
THE "MARGARITA CROSSINGS" SHOPPING CENTER,
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
MARGARITA ROAD AND OVERLAND DRIVE, ALSO KNOWN
AS ASSESSOR PARCEL NUMBER 921-810-026.
WHEREAS, Matthew Fagan, representing Pacific Developrnent Partners, LLC, filed
Planning Application No. PA05-0064, a Comprehensive Sign Program "Application", in a
manner in accord with the City of Ternecula General Plan and Developrnent Code;
WHEREAS, the Application was processed including, but not limited to a public notice,
in the time and rnanner prescribed by State and local law;
WHEREAS, the Planning Cornrnission, at a regular meeting, considered the Application
on Septernber 21, 2005, at a duly noticed public hearing as prescribed by law, at which tirne the
City staff and interested persons had an opportunity to and did testify either in support or in
opposition to this matter;
WHEREAS, at the conclusion of the Cornrnission hearing and after due consideration of
the testirnony, the Cornrnission approved the Application subject to and based upon the findings
set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
Section 2. Findinas. The Planning Commission, in approving the Application hereby
rnakes the following findings as required by Section 17.28.080.6 of the Ternecula Municipal
Code:
The above recitations are true and correct and are hereby incorporated
A. As conditioned, the proposed sign program will preserve and irnprove the
appearance of the City as viewed frorn Overland Drive and Margarita Road and the allowable
signage is appropriate for effective business signage by combining cornrnon design elements.
6. The sign program accommodates future revisions which may be required due to
changes in building tenants.
C. The proposed sign prograrn, as conditioned, satisfies the intent or objectives of
the Development Code and will enhance the development. As conditioned, the proposed
program results in appropriate signage that cornplirnents the building architecture and
aesthetics.
G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Final PC Reso & COAs.doc
1
Section 3. Environrnental Compliance.. The project is categorically exempt from
environmental review (Class 11 - Accessory Structures) pursuant to section 15311 of the
California Environmental Quality Act. Section 15311 applies when a project consists of
construction, or replacernent of minor structures accessory to existing comrnercial, industrial, or
institutional facilities, including on-prernise signs.
Section 4. Conditions. That the City of Ternecula Planning Cornrnission hereby
conditionally approves the Comprehensive Sign Program Application, as set forth on attached
Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
P""o'o, Comml$loo ful,14" day of ""~""', 2005. )\ /Ld
D:&athewson, Chairrnan
ATTEST:
/).e.!htJ( - ~~~
Debbie Ubm?ske, Secret~ry
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 05-67 was duly and regularly adopted by the Planning Commission of
the City of Ternecula at a regular meeting thereof held on the 14th day of Decernber, 2005, by
the following vote of the Commission:
AYES: 4
PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Harter, Telesio
NOES: 1
PLANNING COMMISSIONERS: Mathewson
ABSENT: 0
PLANNING COMMISSIONERS: None
ABSTAIN: 0
PLANNING COMMISSIONERS: None
~Lb~' K~f4--
Debbie Ubnoske, Secretary
G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Final PC Reso & COAs.doc
2
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Cornniission
Stuart Fisk, Associate Planner
Decernber 14, 2005
Planning Application No. PA05-0064 - Margarita Crossings
,
Planning Application No. PA05-0064 is a Comprehensive Sign Prograrn for the "Margarita
Crossings" shopping center, located on a 5.56 acre site at the southwest corner of Margarita
Road and Overland Drive (A.P.N. 921-810-026).
The project was reviewed by the Planning Commission at the Septernber 21, 2005 rneeting.
The Planning Corn mission expressed concerns with the intensity of the proposed sign color
palette, and commenting on the enhanced architecture, expressed concern with the proposed
signage detracting from the architecture. The Planning Commission relayed the irnportance of
the signage blending in with the therne of the center and requested that the applicant revise the
sign program to address these concerns.
The applicant subrnitted a revised sign program on October 25, 2005. The revised sign
, prograrn incorporates the following revisions:
1. Text has been added to the "Sign Treatrnents" section on page 7 of the sign program to
allow for '1lat cut out graphics with external lighting (gooseneck lamps)" and "projecting
blade signs". Text and an illustration have also been added on page 10 of the proposed
sign prograrn (see "Section F" on page 10) to describe and illustrate '1lat cut out letters
or logos with gooseneck lamps".
2. The sign color palette on page 8 of the sign prograrn has been revised to reduce the
number of permitted sign colors and to propose colors with less intensity than previously
proposed. The applicant has also added text on page 8 of the proposed sign prograrn to
allow that "national, regional, or local tenants with rnore than five locations rnay use their
own colors and are subject to Director of Planning approval".
3. As requested by staff, text has been revised for the illustrations on page 12 of the sign
program to allow for a maximum letter height of 2'-6" for single line text and 3'-4" (overall
height) when two lines of text are used. (Please note, however, that text at the right
hand side of this page under "rnaximurn letter/copy height" is not consistent with this
revision as this section allows for a maxirnurn letter height of 3'-4" for single line text and
4'-0" for stacked text as previously proposed.)
4. Text has been added on pages 12 and 13 of the sign program stating that "artistic and
creative logo designs are encouraged; therefore logos may exceed the overall sign
height limits by 12 inches". '
G:\Planning\2005\PA05-Q064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc
1
5. Text and illustration changes have been rnade on page 16 of the sign program that
would elirninate an architectural detail elernent above the entry doors at the central tower
of Building C (see Attachrnent 1 for approved elevation) to allow for an alternate sign
location.
6. Illustration revisions have been rnade on page 23 and 24 of the sign prograrn that would
revise the color of the sirnulated stucco finish on the tenant and center monument signs
from grey to yellow. .
7. Text and illustrations have been added to pages 25 and 26 of the sign program to
illustrate the types of blade signs intended for the center and to define the dimensions
and rnaterials permitted for these signs.
. Sorne of the revisions to the sign program begin to address the Planning Commission's
concerns with wall sign appearance and architectural integration. However, the proposed
revision described in item 5 (above) would appear to detract frorn the architectural therne for the
center. Furthermore, the types of signs that the Planning Cornrnission initially had concerns
with are still permitted by the proposed sign program and the newly proposed blade signs and
wall signs consisting of ''flat cut out letters or logos with gooseneck lighting" are merely
additional design options that tenants rnay choose frorn.
ATTACHMENTS
1. Approved Building C Center Tower Elevation - Blue Page 3
2. PC Resolution No. 05_ - Blue Page 4
Exhibit A - Draft Conditions of Approval
3. September 21, 2005 Planning Cornrnission Staff Report - Blue Page 5
4. Revised Sign Program - Blue Page 6
G:\Planning\2005\PA05-0064 Margarita Crossings-Sign -Program\Planning\Continuance Memo#6.doc
2
ATTACHMENT NO.1
APPROVED BUILDING C CENTER TOWER ELEVATION
G:\Planning\2005\PAOS-Q064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc
. 3
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Attachment 1
ATTACHMENT NO.2
PC RESOLUTION NO. 05-_
G:\Planning\2005\PAOS-0064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc
4
PC RESOLUTION NO. OS-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA05-0064, A COMPREHENSIVE SIGN PROGRAM FOR
THE "MARGARITA CROSSINGS" SHOPPING CENTER,
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
MARGARITA ROAD AND OVERLAND DRIVE, ALSO KNOWN
AS ASSESSOR PARCEL NUMBER 921-810-026.
WH!:REAS, Matthew Fagan, representing Pacific Developrnent Partners, LLC, filed
Planning Application No. PA05-0064, a Comprehensive Sign Program "Application", in a
rnanner in accord with the City of T ernecula General Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to a public notice,
in the tirne and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular rneeting, considered the Application
on December 14, 2005, at a duly noticed public hearing as prescribed by law, at which tirne the
City staff and interested persons had an opportunity to and did testify either in support or in
opposition to this matter;
WHEREAS, at the conclusion of the Corn mission hearing and after due consideration of
the testimony, the Comrnission approved the Application subject to and based upon the findings
set forth hereunder;
WHEREAS, all legal preconditions to th~ adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
The above recitations are true and correct and are hereby incorporated
Section 2. Findinas. The Planning Commission, in approving the Application hereby
makes the following findings as required by Section 17.28.080.B of the Temecula Municipal
Code:
A. As conditioned, the proposed sign program will preserve and irnprove the
appearance of the City as viewed frorn Overland Drive and Margarita Road and the allowable
signage is appropriate for effective business signage by cornbining common design elernents.
B. The sign prograrn accornrnodates future revisions which may be required due to
changes in building tenants.
C. The proposed sign program, as conditioned, satisfies the intent or objectives of
the Developrnent Code and will enhance the development. As conditioned, the proposed
prograrn results in appropriate signage that compliments the building architecture and
aesthetics.
G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12-14-05.doc
1
Section 3. Environrnental Comoliance. The project is categorically exernpt frorn
environrnental review (Class 11 - Accessory Structures) pursuant to section 15311 of the
California Environrnental Quality Act. Section 15311 applies when a project consists of
construction, or replacement of rninor structures accessory to existing commercial, industrial, or
institutional facilities, including on-premise signs.
Section 4. Conditions. That the City of Ternecula Planning Commission hereby
conditionally approves the Comprehensive Sign Program Application, as set forth on attached
Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Comrnission this 14th day of Decernber, 2005.
David Mathewson, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Ternecula Planning Cornrnission, do hereby certify
that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 14th day of Decernber, 2005, by
the following vote of the Commission:
NOES:
-
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
AYES:
ABSENT:
ABSTAIN:
Debbie Ubnoske, Secretary
G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12-14-05.doc
2
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso& COAs - 12.14.05.doc
3
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA05-0064 '
Project Description: A Comprehensive Sign Program for the "Margarita
Crossings" shopping center located on a 5.56 acre site
at the southwest corner of Margarita Road and
Overland Drive (A.P.N. 921-810-026).
MSHCP Category: NA
DIF Category: NA
TUMF Category: NA
Approval Date: December 14, 2005
Expiration Date: December 14, 2007
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1. The applicanVdeveloper shall deliver to the Planning Departrnent a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 211 08(b) and California
Code of Regulations Section 15062. If within said forty-eight (48) hour period the
applicanVdeveloper has not delivered to the Planning Departrnent the check as required
above, the approval for the project granted shall be void by reason of failure of condition
(Fish and Game Code Section 711 A(c)).
General Requirements
2. The applicant and owner of the real property subject to this condition shall hereby.agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency pr instrumentality thereof, or any of its elected or appointed officials, officers,
employees, consultants, contractors, legal counsel, and agents. City shall prornptly
notify both the applicant and landowner of any clairn, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
G:\Planning\2005\PAOS-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12-14-05.doc
4
3. This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is rneant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization conternplated by this
approval.
4. The Director of Planning may, upon an application being filed within thirty day prior to
expiration and for good cause, grant a time extension of up to three one-year extensions
of tirne, one year at a tirne.
5. The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files,
6. The erection of signs on the premises shall substantially conform to the approved Sign
Program, contained on file with the Planning Department.
8. If at any time during excavation/construction of the site, archaeological/cultural
resourCes, or any artifacts or other objects which reasonably appears to be evidence of
cultural or archaeological resource are discovered, the property owner shall imrnediately
advise the City of such and the City shall cause all further excavation or other
disturbance of the affected area to imrnediately cease. The Director of Planning at
his/her sole discretion may require. the property to deposit a sum of money it deems
reasonably necessary to allow the City to consult and/or authorize an independent, fully
qualified specialist to inspect the site at no cost to the City, in order to assess the
significance of the find. Upon determining that the discovery is not an
archaeological/cultural resource, the Director of Planning shall notify the property owner
of such deterrnination and shall authorize the resurnption of work. Upon determining
that the discovery is an archaeological/cultural resource, the Director of Planning shall
notify the property owner that no further excavation or development may take place until
a rnitigation plan or other corrective measures have been approved by the Director of
Planning.
9. Illumination of all signs shall conform to the requirements of Ordinance No. 655 to
reduce impacts on the Mount Palornar Observatory.
Prior to the Issuance of Building Permits
10. A separate building permit shall be required for all signage.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to rnake to the
project shall be subject to Comrnunity Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
G,IPlanning\2005IPA05-0064 Margarita Crossings-Sign ProgramIPlanningIDraft PC Resn & COAs - 12-14-05.doc
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ATTACHMENT NO.3
, SEPTEMBER 21, 2005 PLANNING COMMISSION STAFF REPORT
G:\Planning\2005\PAOS-D064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc
5
'-
Date of Meeting:
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
September 21. 2005
Prepared by: Stuart Fisk, AICP
File Number: PA05-0064
Project Description:
Recommendation:
(Check One)
I
!
CEQA:
(Check One)
Title: Associate Planner
Application Type: Silln Prollram
A Comprehensi,ve Sign Program for the Margarita Crossings
shopping center (PA04-0563), located on a 5.56 acre site. at the
southwest corner of Margarita Road and Overland Drive (A.P,N.
921-810-026).
1:83 Approve_ with Conditions
o Deny
o Continue .fqr Redesign
o Continue to:
o Recommend Approval with Conditions
o Recornmend Denial
I8l Categorically Exernpt
o Notice of Deterrnination
(Class) Class 1
(Section) Section 15301
o Negative Declaration
o Mitigated Negative Declaration with Monitoring Plan
DEIR
G:IPlanning\2005\PAOS-0064 Margarita Crossings-Sign ProgramIPlanninglSTAFF REPORT,doc
1
PROJECT DATA SUMMARY
Applicant: Matthew Faoan
Completion Date: March 1, 2005
Mandatory Action Deadline Date:
September 21, 2005
General Plan Designation:
Community Commercial (CCl
Zoning Designation:
Community Commercial {CCl
Site/Surrounding Land Use:
Site:
Retail/Restaurant/Office
North:
South:
East:
West:
Retail/Restaurant
Parkinq (Guidant)
Multi-Familv Residential
Vacant
Lot Area:
5.6 acres
Building Area/Coverage: NA
Landscape Area/Coverage: NA
Parking Required/Provided: NA
BACKGROUND SUMMARY
[gI1. Staff has worked with the applicant to ensure that all concerns have been addressed;
however, the following issues have not been resolved to the satisfaction of staff:
a. Secondary signs (to display services and/or sub leases) permitted on Buildings A
and B are not consistent with the Development Code 'or other recently approved .
sign programs.
b. Permitted letter heights are excessive in relation to the building size.
c. The sign program contains incorrectly scaled exhibits.
d. Tenant monument signs lack architectural elements required by the Development
Code.
G:IPlanning\2005\P AOS.OO64 Margarita Crossings-Sign ProgramlPlanninglSTAFF REPORT,doc
,2
BACKGROUND
On June 1, 2005, the Planning Commission approved Planning Application humber P A04-0563,
a Development Plan to construct a 37,173 square foot mixed-use retail/office/restaurant center.
The project was conditioned that the related Sign Program application PA05-0064 be reviewed
and approved by the Planning Commission prior to issuance of a building permit. The sign
program application was submitted March 1, 2005.
ANALYSIS
The sign program proposes three different types of wall signs, tenant identifiCation monument
signs, and center identification signs. The sign program provides clear direction on the number
of signs permitted for each sign type as follows:
)
· Sign A, Tenant Identification Monuments, 2 signs (7 panels x 2 sides = 14 panels per
sign)
· Sign B, Center Identification Monument, 3 signs,
· Major/Pad Tenant Wall Signs (3 signs per elevation per tenant consisting of one
"prirnary" sign, one logo sign, and one "secondary" sign)
· Shop Tenant Wall Signs (1 sign per elevation per tenant)
. Restaurant Pad Wall Signs (3 signs)
Staff initially reviewed the proposed sign program in March, 2005, and compared it to the sign
regulations in the Development Code. Staff forwarded comments to the applicant on March 28,
2005 from this review. The first comment letter mainly consisted of requests for additional
information and details to be added to the sign program, but also included the unresol\(ed issues
listed below. The applicant submitted a revised sign prograrn on June 30, .2005, that addressed
many of the concerns that staff had with the initially submitted sign program. Therefore, staff
prepared a staff and scheduled the application for the September 7, 2005, Planning Commission
meeting.
Staff met with the,applicant on August 26, 2005 to discuss the unresolved issues outlined in the
staff report and, at the applicants request, requested that the Planning Commission continue the
project to the September 21 Planning Commission meeting. A second revision to the sign
program was received on September 6, 2005. However, some issues have still not been
resolved to the satisfaction of staff, including the following: '
a. Staff recommends. that the project be conditioned that "secondary signs" (as called out on
pages 12 and 130f the sign prograrn) be elirninated from the sign program and that, at
the applicant's option, the sign program be revised to add text to allow that maximum
tenant sign area shall not exceed one square foot per lineal foot of business frontage
(see Condition of Approval No.9). This would allow for sublease tenant waUsigns
(provided that sublease tenants occupy a separate suite from the primary occupant), but
would not allow for signs to display services, and would provide for consistency with the
Development Code and other recently approved sign programs. The applicant has
indicated disagreement with staff's recommendation based on a desire to allow for
greater flexibility in the allowed sizes and locations of signs for sublease tenants.
G:IPIanning\2005IPA05-OO64 Margarita Crossings-Sign ProgramlPlanninglSTAFF REPORT,doc
3
b. Staff believes that proposed letter heights are excessive in relation to the building size
(6,000 square feet each) for Buildings "A" and "B". The applicant proposes that 40" high
letters be permitted for single row text and that a height of 48" be permitted for stacked
letters on these buildings. Consistent with other recently approved sign programs, staff
recommends that the project be conditioned that permitted letter heights for Buildings "A"
and "B" shall not exceed 30" for a single row of sign text or 40" for total stacked height
where two lines of text is utilized (see Condition of Approval No. 10). .
The applicant disagrees with staff's recommendation and believes that the size of
Buildings "A" and "B" and the location of these buildings justify the proposed letter
heights. Staff believes that the proposed letter heights are excessive and that the
proposed letter heights for Buildings "A" and "B" conflict with sign programs for other
centers along Margarita Road in the vicinity of the project site. For instance, the sign
program for the Overland Corporate Center, located at the northwest comer of Overland
Drive and Margarita Road limits tenant wall signs to a height of 24 inches. Similarly, the
sign program for Bel Villagio, located at the southwest corner of Margarita Road and
North General Kearny Road, limits tenant wall signs to a height of 36 inches (single row
or stacked) for tenants occupying up to 10,000 square feet. The sign program for the
Power Center II, located at the northwest corner of Margarita Road and North General
Kearny Road, limits tenant wall signs to a height of 24 inches (single row text) or 42
inches (total stacked height) for shop and pad tenants occupying up to 10,000 square
feet. Staff believes that signs with the proposed height should be limited to larger retail
stores, such as Lowes, Home Depot, Staples, or Sears. For these business, the
buildings are typically very large, are situated more than 200 feet off the street, and the
signs are typically 48 inches or more in height. Buildings "A" and "B" are each 6,000
square feet, are located approximately 30 .feet away form Margarita Road, and are
situated' below the grad of Margarita Road, which places the wall signs for these
buildings nearly immediately adjacent to the street.
c. The sign program contains incorrectly scaled exhibits. Staff recornmends that the project
be conditioned that the sign program be rllvised to eliminate the scale notations from all
building elevations and monument sign elevations provided in the sign prograrn (see
Condition of Approval No. 11). The applicant's representative has indicated concurrence
with this condition of approval,
d. The Development Code states that mOnument signs shall use architectural elements at
the top, base, and sides of the signs. Therefore, staff recommends that the project be
conditioned thatthe right side of the tenant identification signs .(signs A 1 and A2) consist
of stone so that both sides of the sign use architectural elements from the center as
required by the Development Code (see Condition of Approval No. 12). At the time that
this stat( report was written, the applicant's representative was unable to provide a
response as to why the third revision to the sign program did not address this issue.
ENVIRONMENTAL DETERMINATION
!8l1. The project is categorically exempt from environmental review (Class 11 - Accessory
Structures) pursuant to section 15311 of the California Environmental Quality Act.
Section 15311 applies when a project consists of construction, or replacement of minor
structures accessory to existing cornmercial, industrial, or institutional facilities, including
, on-premise signs.
G:IPIanning\200SIPAOS-D064 Margarita Crossings-Sign ProgrnmIPlanningIST AFF REPORT.doc
4
,.'
CONCLUSIONlRECOMMENDATION
i
Staff has determined that the proposed project, as conditioned, is consistent with the City's
General Plan, Development Code, and all applicable ordinances, standards, guidelines, and
policies. Therefore, staff recommends that the Planning Commission adopt a Resolution
approving the Sign Program with the attached. conditions of approval.
FINDINGS
Sign Program (Code Section 17.28.080.8)
1. As conditioned, the proposed sign program will preserve and improve the appearance of
the City as viewed from Overland Drive and Margarita Road and the allowable signage is
appropriate for effective business signage by combining common design elements.
2. The sign program accommodates future revisions which may be required due to Ghanges
in building tenants. . '
3. The proposed sign program, as conditioned, satisfies the intent or objectives of the
Development Code and will enhance the development. As conditioned, the proposed
program 'results in appropriate signage that compliments the building architecture and
aesthetics.
AlTACHMENTS
"
}
1.
Vicinity Map - Blue Page 6
2. Proposed Sign Program - Blue Page 7
3. PC Resolution No. 2005-_ - Blue Page 8
Exhibit A - Conditions of Approval
4. Letter from Applicant Requesting Continuance to September 21 , 2005 Hearing
G:\Planning\2005\PA05-0064 Margarita Crossings-Sign ProgmmIPlanningISTAFF REPORT,doc
. 5
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PC RESOLUTION NO. 2005-_
A RESOLUTION OF THE PLANNING COMMISSION OF tHE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA05-0064, A COMPREHENSIVE SIGN PROGRAM FOR
THE "MARGARITA CROSSINGS" SHOPPING CENTER,
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
MARGARITA ROAD AND OVERLAND DRIVE, ALSO KNOWN
AS ASSESSOR PARCEL NUMBER 921-810-026.
( )
WHEREAS, Matthew Fagan, representing Pacific Development Partners, LLC, filed
Planning Application No. PA05-0064, a Comprehensive Sign Program "Application", in a
manner in accord with the City of Temecula General Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law; ,
WHEREAS, the Planning Commission, at a regular meeting, considered the Application
on September 21, 2005, at a duly noticed public hearing as prescribed by'law, at which time the
City staff and interested persons had an opportunity to and did testify either in support or in
opposition to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission recommended approval of the Application subject to and based
upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION 01= THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The above recitations are true and correct and are hereby incorporated
by reference.
, Section 2, Findinos. The Planning Commission, in approving the Application hereby
, makes the following findings as required by Section 17.28.080.8 of the Temecula Municipal
Code:
A. As conditioned, the proposed sign program will preserve and improve the
appearance of the City as viewed from Overland Drive and Margarita Road and the allowable ,
signage is appropriate for effective business signage by combining common design elements.
B; The sign program accommodates future revisions which may be required due to
changes in building tenants.
C.The proposed sign program, as conditioned, satisfies the intent or objectives of
the Development Code and will enhance the development. As conditioned, the proposed
program results in appropriate signage that compliments the building architecture and
aesthetics.
(
G:\Planning\200~A05-0064 Margarita Crossings.Sign Program\PlanningIDraft PC Reso & COAs.doc
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,
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Section 3. Environmental Comoliance. The project is categorically exempt from (_',
environmental review (Class 11 - Accessory Structures) pursuant to section 15311 of the )
California Environmental Quality Act. Section 15311 applies when a project consists of
construction, or replacement. of minor structures accessory to existing commercial, industrial, or
institutional facilities, including on-premise signs.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves the Comprehensive Sign Program Application, as set forth on attached
Exhibit A, attached hereto, and incorporated herein by this reference together with any and all
'necessary conditions that may be deemed nc~"""ary.
section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 21 st day of September, 2005.
ArrEST:
David Mathewson, Chairman
Debbie Ubnoske, Secretary
[SEAL]
i
)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
'that PC Resolution No. 2005-~ was duly and regularly adopted by the Planning Commission
of the City of.Temecula at a regular meeting thereof held on the 21st day.of September, 2005, by
the following vote of the Commission: '
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
)
G:\Planning\2005\P A05'OO64 Msrgarila Crossings-Sign PrognUnlPlanningIDraft PC Reso & COAs,doc
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EXHIBIT A
City OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No,: PA05-0064
Project Description:
A Comprehensive Sign Program for the "Margarita
Crossings" shopping center located on a 5.56 acre site
at the southwest corner of Margarita Road arid
Overland Drive (A.P.N. 921-810-(26).
NA
NA
NA
/----)
!
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
VVithinForty.Eight (48) Hours of the Approval ofthis Project
September 21, 2005
September 21, 2007
.
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1. The applicanVdev~loper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four Dollars
($64.00) for the County administrative fee, to enabl.ethe City to file the Notice of
Exemption as provided under Public Resource$ Code Sectioh211 08(b) ahd California
Code of Regulations Section 15062. If within said forty-eight (48) hour period the
applicailVdeveloper has not delivered to the Planning Department the check as required
above, the approval for the projEictgranted shall be void by reason of failure of condition
(Fish and Game Code Section 711.4(c)).
'Generai Requirements
2. The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attaok, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters 0f the City, concerning the Planning
Applioation. The City shall be deemed for purposes of this condition, to include any
,agenoy or instrumentality thereof, or any of itS elected or appointed officials, officers,
employees, consultants, contractors, legal counsel; and agents. City shall promptly
notify both the applicant arid landowner of any claim, action, or proceeding to Which this
condition is applicable and shall further cooperate fully in the defense of the aotion. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such -defense.
G:\Planning\2005\PA05-OO64 Margarita Crossings-Sign Program\PlanningIDraft PC Reso & COAs.doc
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3.
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This approval shall be used within two (2) years of,the approval date; otherwise, it shall
become null and void.' By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, Which is thereafterdiligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval. '
4. The Director of Planning may, upon an application, being 'filed within thirty day prior to
expiration and for good cause, grant a time extension of up to three one-year extensions
of time; one year at a time.
5. ' The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and retum one signed set to the Planning
Department for their files. '
6. The erection of signs on the premises shall SUbstantially conform to the approved Sign
Program, contained on file with the Planning Department.
8. If at any 'time during excavation/construction of the site, archaeologicaVcultural
resOUrces, or any artifacts or other objects Which reasonably appears to be evidence of
cuitural or archaeological resource are discOvered, the property owner shall immediately
advise the City of' such and the City shall cause' all furtner excavation or either
disturbance of the affected area to immediately cease; The Director of Planning at
his/her sole discretion may require th~ property to, deposit a sum of money itdeeins
reasonably necessary to allow the City to consult and/or authorize an independent, fully
qualified specialist to inspect the site at no cost to, the City, in order to assess. the
significance of' the find. Upon determining that the discovery 'is ,not an
archaeologicaVcultural resource, the. Director of Planning shall notify the property owner
'of such determination' and shall authorize the resumption of work. Upon determining
that the discovery is an archaeologioaVcultural resource, the Director of Planning shall
Hiiotify the.pr.operty owner that no further-excav<ltion or development may take place until
, ,8 mitigatlon plan or other corrective measures have been approved by the Director of
Planning. '
9. The sign program shall be revised to eliminate "secondary signs'! (as called out on pages
12 and 13 of the sign program) beeliminatetl from the sign program. At the applicant's
option, the sign program may be revised to add text to allow that maidmum,tenant sign
area shall not exCeed one square foot per lineal foot of business frontage, subject to
review and approval by the Director of Planning. '
'10. The sign pro,gram shall be revised throughout to state that permitted letter heights shall
not exceed 30"for Ii single row 01slgn text or'40" for total stacked height Where two lines
of text is utilized.
11. The sign program shall be revised to eliminate scale notations from, all building
, elevations and mpnument sign e'levations provided in the sign program.
12. The sign program shall be,revised to require that the right side of-the tenant identification
'signs (signs A 1 and A2) consist of stone so that both sides of the sign use ,architectural
elements from the center. ' .
13., Illumination of all signs shall conform to the requirements of OrdinanbeNo. 655 to
reduce impacts on the Mount Palomar Observatory. '
G:IPlanningl2005\PAOS-0064 MargarilltCroSsings-Sign Progr.unIPlanning\Draft PC Reso & COAs,doc
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Priot to the Issuance of Building Permits
14. A separate building permit shall be required for all signage.
By placing my signature below, I confirm that I have read, understand and accept all the aboVe
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
G:\Planning\2005\P A05-0064 Margarita Crossings-Sign Progrnmil>JanningIDrnft PC Reso & COAs.doc
6
ATTACHMENT NO.4
LETTER FRDM APpLICANT REQUESTING CONTINUANCE TO
SEPTEMSER 21, 2005 HEARING
G:\Planning\2005\P A05-0064 M,,!,garita Crossings-Sign Program\PlanninglSTAFF REPORT.doc
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t.~ '.'
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Matthew Fagan Consulting SerViceS
42011 Avenida Vista Ladera
Temecula, CA 92591
Phone: 951.699.2338 Fax: 951.694.4474
matthewfaaanta>adelohia.net
August 29, 2005
Mr. Stuart Fisk, Associate Planner
City of Temecula
Community Development Department - Planning Division
43200 Business Park Drive .'
P. O. Box 9033
Temecula, CA 92589-9033
SUbject:
Planning Commission Continuance Request for Planning Application No.
PA05-0064 (Margarita Crossings Sign Program), located at the southwest
comer of the intersection of Margarita Road and Overland Drive
Dear Stuart:
r'"
: )Sased on our meeting last week and input from my client, this letter shall serve as a formal
request to continue the above referenced Planning Application from the September 7,
2005 Planning Commission meeting to the September 21, 2005 Planning Commission
meeting so We may have additional time to address outstanding comments on the Sign
Program.
Please feel free to call me at 951.699.2338 if you have any questions or need any
.' additional information.
Sincerely,
..~. .kr-..- -
-,~
Matthew Fag n
ct:: Lars Andersen
John, Hadaya
( )
.j
ATTACHMENT NO.4
REVISED SIGN PROGRAM
G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc
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MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
SEPTEMBER 21,2005
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:30 P.M., on
Wednesday, September 21,2005, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California,
Chairman Mathewson thanked Eve Craig for the preiude music.
ALLEGIANCE
Commissioner Guerriero led the audience in the Flag salute.
ROLL CALL
Present:
Commissioners Chiniaeff, Guerriero, Harter, Telesio, and Chairman Mathewson
Absent:
None,
PUBLIC COMMENTS
No public comments,
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1,1 Approve the Minutes of September 7, 2005,
2 Director's Hearina Case Uadate
RECOMMENDATION:
2,1 Approve the Director's Hearing Case Update for August, 2005,
MOTION: Commissioner Guerriero moved to approve the Consent Calendar, Commissioner
Chiniaeff seconded the motion and voice vote reflected approval with the exceotion of
Commissioner Harter who abstained,
R:\MinutesPC\09210S
COMMISSION BUSINESS
3 Introduction of new Fire Marshal
At this time, Fire Marshal McBride introduced newly hired Fire Marshal Steve Faris,
The Planning Commission welcomed Fire Marshal Faris,
PUBLIC HEARING ITEMS
Continued from September 21, 2005
4 Plannino Aoolication No. PA05-0064. a Develooment Plan, submitted bv Matthew Faaan. for
a Comorehensive Sian Prooram for the Maraarita Crossinas shoopino center on 5.56 acres,
located on the southwest corner of Maroarita Road and Overland Drive
Associate Planner Fisk presented a staff report (of written record), advising that the applicant
would not be in agreement with the following two Conditions of Approval:
. Condition of Approval No, 12 - that the sign program shall be revised to require that the
right side of the tenant identification signs (signs A 1 and A2) consist of stone so that
both sides of the sign use architectural elements from the center
. Condition of Approval No, 8 - that excavation/construction of the site,
archeological/cultural resources, or any artifacts or other objects which reasonably
appears to be evidence of cultural or archeological resource are discovered, the property
owner shall immediately advise the City of such and the City shall cause all further
excavation or other disturbance of the affected area to immediately cease.
Commissioner Telesio expressed concern with the intensity of the proposed color palette,
In response to the Planning Commission's queries, Associate Planner Fisk noted the following:
. That the grading will be cut and fill and that Condition of Approval No. 8
(excavation/construction), would be a standard Condition of Approval that is placed on
projects that would have ground disturbance
. That adding stone to the right side of the monument sign would address the
Development Code requirement for building materials to be carried through the top,
bottoms, and sides of the monument sign
. That staff does not have any concerns with the applicant's proposed color palette
. That there is proposed signage for the rear of Building C, but that the sign age will be
smaller than Buildings A and B
. That the intent of the neon sign age would refer to all the window signs, advising that
neon tubes will be hidden behind the face of the letters.
At this time the public hearing was opened,
R:\MinutesPC\092105
2
Mr,Matthew Fagan, representing the applicant, commented on the following:
. That the applicant would be in agreement with Condition of Approval No, 8 -
(excavation/construction)
. That the applicant is of the opinion that the proposed signage would meet the intent of
'the sign program and will compliment the buildings architecture and aesthetics of the
center.
Mr. John Hadaya, representing the Ultrasigns Electrical Advertising, offered the following
comments:
. That adding a column to the right side of the tenant identification sign would be too
symmetrical
. That the signs as proposed, will be proportional and will be quality signs
. That the applicant would be willing to add a column to the right side of the tenant sign if it
were the desire of the Planning Commission
. That the color at the end caps of the tenant sign will be neutral beige made of aluminum
and will compliment the building architecture and aesthetics of the center
. That the proposed paint colors will contain polyurethane which will last against fading for
10 years.
Commissioner Telesio relayed that it would be his desire to add finish (stone) to the right side of
the tenant sign.
Referencing the proposed color scheme, Mr, Hadaya noted the following:
. That the proposed sign colors are intended for non-national or non-regional tenant;
. That the applicant's intent would be to offer tenants flexibility with color options and that
the major tenants will have its own colors,
. That major tenants usually use primary colors such as red and blue
. That the proposed colors would be considered basic colors and that they will not be
phosphorus.
Commissioner Chiniaeff suggested that the applicant use a color palette similar to the materials
used in the center such as earth tone colors versus the proposed primary colors,
For the Planning Commission, Mr, Hadaya relayed that he would be willing to change the colors
of the monument sign to earth tone colors as requested by the Planning Commission.
It was also suggested by the Planning Commission that the applicant consider toning down the
color of the sign age on the buildings,
R:\MinutesPC\092105
3
Commenting on the enhanced architecture, Chairman Mathewson expressed concern with the
proposed illuminating signage/colors detracting from the architecture and queried if the
applicant would be willing to add blade signage to the frontage of Building C,
In response to Chairman Mathewson, Mr. Hadaya relayed that he would be willing to add
projecting blade signage to the frontage of BUilding C,
Mr, Matthew Fagan relayed that the applicant would also be wiling to add some pedestrian level
signage,
At this time, the public hearing was closed,
Impressed with the quality of architecture, the Planning Commission relayed the Importance of
the signage blending in with the theme of the center and suggested that the item be continued,
MOTION: Commissioner Chiniaeff moved to continue the item to the October 19, 2005,
Planning Commission meeting, Commissioner Guerriero seconded the motion and voice vote
reflected unanimous approval.
New Items
5 Plannina Aoolication No. PA05-0036 and PA05-0037. A Tentative Parcel Mao 33421 and
Develooment Plan. submitted bv Garv Hamro of The PRES Comoanies. to create two lots of
6.24 acres and 9.13 acres: construct six "flex-tech" buildinas totalin(l 62,815 sauare feet two
industrial buildinas totalina 38.280 sauare feet and seven office buildinas totalina 87,23Q
sauare feet. located on Via Industria
Due to a conflict of interest, Commissioner Guerriero recused himself from the dais.
Associate Planner Peters presented a staff report (of record), highlighting the following:
. That staff is recommending a modification to a mitigation measure - specifically to the
Air Quality Section (as per staff report) be modified to impose - that the application of
paints and surface coating shall not exceed South Coast Air Quality Management
District (SCAQMD) thresholds
. That the applicant will be conditioned to return to staff with a proposed sign program,
Commissioner Telesio expressed concern with the tops of the towers, advising that they may be
too flat.
It was also noted by Associate Planner Peters that the office side of the buildings will offer a
large central gathering place that will have a view; and that the industrial building will be taller,
have decorative paving, and an overhead trellis and seating areas.
At this time, the public hearing was opened,
Thanking staff for all its efforts with the project, Mr, Gary Hamro, representing Pres
Development, spoke in favor of the proposed project.
R:\MinutesPC\092105
4
At this time, the public hearing was closed,
MOTION: Commissioner Chiniaeff moved to approve the staff recommendation subject to the
modification of the South Coast Air Quality Management District (SCAQMD) to impose that the
application of paints and surface coating shall not exceed SCAQMD thresholds and to accept
the mitigation monitoring program as part of the Mitigation Monitoring Program (MMP),
Commissioner Harter seconded the motion and voice vote reflected approval with the
exceotion of Commissioner Guerriero who abstained,
PC RESOLUTION NO. 2005-59
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA05-0036, A TENTATIVE PARCEL MAP (TPM NO. 33421)
TO CREATE TO COMMON LOTS 6.24 ACRES AND 9.13
ACRES ON THE EAST AND WEST SIDES OF VIA INDUSTRIA
APN 909-321-008 THROUGH 9090321-012, AND 909-322-001
THROUGH 909-322-004
COMMISSIONERS' REPORTS
Referencing the signalization at Ynez Road and Winchester Road, Deputy Public Works
Director Parks stated that staff has made a minor modification to the signalization of the at the
intersection,
Addressing the concern about the newspaper racks at Rancho California Road and Margarita
Road, City Attorney Thorson stated that the City currently has a comprehensive news rack
ordinance in place and that staff is in the process of surveying the ordinance to determine
whether or not the news rack on Rancho California Road and Margarita Road is in compliance,
The Planning Commission thanked staff for all its efforts in working with the applicants.
PLANNING DIRECTOR'S REPORT
No report at this time.
ADJOURNMENT
At 7:45 P,M., Chairman Mathewson formally adjourned this meeting to the next reaular
meetinq to be held on Wednesday. October 5, 2005 at 6:30 P,M" in the City Council
Chambers, 43200 Business Park Drive, Temecula,
Dave Mathewson
Chairman
Debbie Ubnoske
Director of Planning
R:\MinutesPC\092105
5
Ii
-
I.
ITEM NO. 18
I
I
Approvals
City Attorney
Director of Finance
City Manager
~~
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Jim O'Grady, Assistant City Manager
DATE:
April 11 , 2006
SUBJECT:
Appointment of Ad-Hoc Subcommittee for Issues Regarding the Consolidation
of Macy's and the Robinsons-May at the Promenade Mall
RECOMMENDATION: That the City Council appoint an ad-hoc subcommittee to provide
direction as issues arise regarding consolidation of Macy's and the Robinsons-May at the
Promenade Mall.
BACKGROUND: As has been reported in the media, the parent company of Macy's
has acquired the Robinsons-May chain and will be closing and/or consolidating stores. Since there
are both Macy's and Robinsons-May stores at the Promenade Mall, there may be issues regarding
use of this space and other related tenanting and/or re-tenanting issues. Therefore, staff
recommends that the City Council appoint an ad-hoc subcommittee that can provide policy direction
on such issues.
FISCAL IMPACT:
None