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HomeMy WebLinkAbout091206 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting v.ill enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 12, 2006 -7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 5:30 P.M. - Closed Session of the City Council pursuant to Government Code Section: 1. Conference with Legal Counsel regarding Existing Litigation pursuant to Subdivision (a) of Government Code Section 54956.9(a) with respect to one matter of pending litigation involving the City. The following case will be discussed: Petition of Appeal of City of Temecula of the San Diego Regional Water Quality Control Board Order No. R9-2004-001, NPDES Permit No. CAS0108766 before the State Water Quality Control Board. 2. Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 06-10 Resolution: 06-77 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Christina Comer Invocation: Pastor Leon Franklin of The Living Word Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTA TIONS/PROCLAMA TIONS Certificate of Achievement to Douqlas Galbraith for atlaininq the rank of Eaqle Scout National Preparedness Month Proclamation Bovs & Girls Clubs Dav Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2 2.1 Approve the minutes of August 22, 2006. 3 Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of Julv 31. 2006 RECOMMENDATION: 4.1 That the City Council receive and file the City Treasurer's Report as of July 31, 2006. 5 Financial Statements for the Fiscal Year Ended June 30. 2006. RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2006; 5.2 Approve an increase of $2,004,143 for SB621 Reimbursements in the Capital Improvement Fund; 5.3 Approve a budget transfer of $7,000 to Human Resources Department from Economic Development Department. 6 Award of Contract to Canon Financial Services. Inc. (CFS) and Temecula Copiers RECOMMENDATION: 6.1 Award a five-year Master contract to Canon Financial Services, Inc. (CFS) for the lease of all Library copiers and approve the annual expenditure of $35,600 for a five-year total of $178,000; 6.2 Award a five-year Master contract to Temecula Copiers for the maintenance/usage of all Library copiers and approve the annual expenditure of $37,400 for a five-year total of $187,000; 6.3 Appropriate $40,920 in the Support Services Internal Service Fund for the Library lease interest costs, maintenance costs, and depreciation expense through June 30, 2007. 7 Approve Economic Development Corporation of Southwest California/Southwest California Economic Alliance 2006-07 Operatinq Aqreement 3 RECOMMENDATION: 7.1 Approve the Economic Development Corporation of Southwest California/Southwest California Economic Alliance 2006-07 Operating Agreement. 8 Adoption of the Citv's Updated Emerqencv Operations Plan (EOP) RECOMMENDATION: 8.1 Adopt the Updated Emergency Operations Plan (EOP); 8.2 Adopt a Resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE INTEGRATION AND IMPLEMENTATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) FOR EFFECTIVELY HANDLING EMERGENCY SITUATIONS 9 Acceptance of Grant Deed - Wolf Creek Linear Park North RECOMMENDATION: 9.1 Authorize acceptance of the Grant Deed for the Wolf Creek Linear Park North, located in the Wolf Creek development and direct staff to proceed with the necessary actions to cause the deed to be recorded. 10 Upqrade of Defibrillators 10.1 Authorize the upgrade purchase of six monitor/defibrillators for a total cost of $48,384 from Zoll Medical Corporation. 11 Microsoft Software Licenses - Annual Renewal RECOMMENDATION: 11.1 Authorize the annual purchase of Microsoft Client Access Licenses (CAL) , Windows Server 2003, and SQL database 2005 Software from CompuCom Systems Inc. for $67,773.65. 12 Subdivision Improvement Aqreement and Bonds for Riverside Countv Flood Control and Water Conservation District (District) Channel Improvements within Parcel Map No. 33545 (located at the southeast corner of State Route 79 South and Butlerfield Staqe Road) pursuant to Temecula Creek Channel - Staqe 2 - Cooperative Aqreement RECOMMENDATION: 4 12.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement. 13 Bicvcle Transportation Account (BTA) - Local Aqencv-State Aqreement RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE LOCAL AGENCY-STATE AGREEMENT FOR THE 2006/2007 BICYCLE TRANSPORTATION ACCOUNT PROJECT KNOWN AS THE SANTA GERTRUDIS CREEK BICYCLE TRAIL EXTENSION AND INTERCONNECT 14 Pauba Road Improvements - Phase 11- Project No. PWOO-09 - Expenditure Authorizations RECOMMENDATION: 14.1 Approve an expenditure in the amount of $28,575 from the Temecula Public Library - Project No. PWOO-07 - for Change Order NO.5 on the Pauba Road Improvements - Phase II - Project No. PWOO-09; 14.2 Approve an expenditure in the amount of $12,375 from the Patricia H. Birdsall Sports Complex - PW01-17 - for Change Order NO.6 on the Pauba Road Improvements - Phase II Project - PWOO-09. 15 Bus Bench Upqrades - Project No. PW02-17. Construction Services Aqreement RECOMMENDATION: 15.1 Approve a Construction Services Agreement for the installation of Bus Shelter Trash Receptacles and Pads, at all locations of the Bus Benches Upgrade Project, Project No. PW02-17, with Sutherlin Contracting, Inc., in the amount of $30,811.00 and authorize the Mayor to execute the contract; 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,081.10, which is equal to 10% of the contract amount; 15.3 Approve an appropriation in the amount of $20,000 from General Fund - Capital Project Reserves for the installation, construction, and administration costs for this project. 16 Completion and Acceptance for Citvwide Concrete Repairs Fiscal Year 2005-2006 - Project No. PW06-02 RECOMMENDATION: 5 16.1 Accept the Citywide Concrete Repairs Project - Project No. PW06-02 - for Fiscal Year 2005-2006 as complete; 16.2 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; 16.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 17 Purchase of EZ Drop Book Return Carts for the Temecula Public Librarv - Project No. PWOO- 07 RECOMMENDATION: 17.1 Approve the purchase of seven (7) EZ Drop Book Return Carts from Vernon Library Supplies in the amount of $26,703.00 for the Temecula Public Library Project No. PWOO-07. 18 License Aqreement for the Global Communitv Foundation RECOMMENDATION 18.1 Approve the License Agreement between the City of Temecula and the Global Community Foundation to locate a modular office building and storage container at the Temecula Community Center. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 6 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of August 22, 2006. 20 Financial Statements for the Fiscal Year Ended June 30. 2006. RECOMMENDATION: 20.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2006. 21 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Murrieta Creek Multi-Purpose Trail - Project No. PW01-27 RECOMMENDATION: 21.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Murrieta Creek Multi-Purpose Trail, Project No. PW01-27. 22 Award Construction Contract for the Erie Stanlev Gardner Exhibit - Project No. PW04-15 RECOMMENDATION: 22.1 Approve a construction contract for the Erie Stanley Gardner Exhibit, Project No. PW04-15, to William Baines Contractors, Inc., in the amount of $68,658.00 and authorize the President to execute the contract; 22.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $6,865.80, which is equal to 10% of the contract amount; 22.3 Approve a transfer in the amount of $10,000 from the Vail Ranch Park Site D Project to fully fund Construction and Administration costs. 23 Youth Master Plan RECOMMENDATION: 23.1 Direct staff to release a Request For Qualifications to select a firm that will develop a comprehensive youth master plan. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT 7 TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. RDA CONSENT CALENDAR 24 Minutes RECOMMENDATION: 24.1 Approve the minutes of August 22, 2006. 25 Financial Statements for the Fiscal Year Ended June 30. 2006. RECOMMENDATION: 25.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2006; 25.2 Approve an increase of $560,500 for Property Tax increment in the Debt Service Fund; 25.3 Approve an appropriation of $435,000 for pass-through agreements in the Debt Service Fund; 25.4 Approve an appropriation of $92,000 for Debt Service Interest in the Debt Service Fund. 26 Redevelopment Aqencv Proposed Tax Allocation Bonds - Desiqnation of Consultants RECOMMENDATION: 26.1 Adopt a resolution entitled: 8 RESOLUTION NO. RDA 06- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION BONDS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 27 Planninq Application No. PA06-0197 - Temecula Reqional Center Development Aqreement Amendment RECOMMENDATION: 27.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA TOWN CENTER ASSOCIATES, L.P. COUNCIL BUSINESS 28 Redevelopment Plan 1-1988 Time Limitation Amendment RECOMMENDATION: 28.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE TEMECULA REDEVELOPMENT PLAN 1-1988 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 g CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, September 26, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 10 PROCLAMA TIONS AND PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Douglas Galbraith Of Troop #301 We congratulate Douglas for his achievement on receiving the rank of Eagle Scout. We are proud to present Douglas with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 12th day of September, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, the US Department of Homeland Security (DHS), The American Prepared Campaign, the American Red Cross, the National Association of Broadcasters, and the US. Department of Education have joined a coalition of more than 50 national organizations to engage in emergency preparedness; and WHEREAS, all 56 state and territorial govemors have pledged to mark National Preparedness Month with local events; and WHEREAS, National Preparedness Month brings together an amazing coalition of partners to make citizen preparedness a priority for every city, every neighborhood, and every home across America; and WHEREAS, National Preparedness Month will provide Americans with a variety of opportunities to leam more about ways they can prepare for an emergency, get an emergency kit, establish a family communications plan, and become aware ofthreats that may impact communities, and; NOW, THEREFORE, I, Ronald Roberts, on behalf ofthe City Council ofthe City of Temecula, hereby proclaim September, 2006 as "National Preparedness Month" and urge all citizens to take the necessary steps to prepare for emergencies in their homes, businesses, and schools. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of T emecula to be affixed this 12th day of September, 2006. Ronald Roberts, Mayor Susan W. Jones, CMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, the children of Temecula are the foundation on which our future success is built; and WHEREAS, children seek parents, mentors, and friends to aid them in reaching important goals; and WHEREAS, families and communities pay vital roles in helping children develop a positive self image, sense of belonging, and a sense of competence; and WHEREAS, Boys & Girls Clubs Day for Kids is a special day set aside each year to encourage and remind adults that the meaningful time they share with children is important to their development; and WHEREAS, the Boys & Girls Clubs Day for Kids Honor Roll, comprised of Boys & Girls Clubs of America, and other leading youth serving organizations, together reach millions of youth via their services and community involvement; and WHEREAS, Boys & Girls Clubs Day for Kids emphasizes the importance of meaningful time spent with kids on this day and every day; and NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City Council ofthe City of Temecula, hereby proclaim September 16, 2006, to be "Boys & Girls Clubs Day" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Temecula to be affixed this lih day of September, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR ITEM NO.1 ITEM NO.2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 22, 2006 The City Council convened in Closed Session at 6:00 P.M. and its regular meeting commenced at 7:00 P.M., on Tuesday, August 22, 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Council Members: Comerchero, Edwards, Naggar, Washington, and Mayor Roberts. Absent: o Council Members: None. PRELUDE MUSIC The Prelude Music was provided by Joey Thomas, vocalist. INVOCATION The invocation was given by Pastor Wells, Sr. of Mountain View Community Church of Temecula. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tern Washington. PUBLIC COMMENTS Updating the City Council on how its contributions are benefiting those individuals in need of the National Alliance on Mental Illness (NAMI) Support Group Program, the following individuals spoke in support of the program: D Virginia Marshal, Canyon Lake D Mr. Richard Elliott, Murrieta D Ms. Jenny Elliott, Temecula Mayor Roberts thanked representatives of the National Alliance on Mental Illness for their update. CITY COUNCIL REPORTS A. Mayor Pro Tern Washington apprised the audience of the upcoming Temecu/a-On-Stage event on Saturday, September 2, 2006, in Old Town. R:\Minutes\082206 B. Referencing community concerns with regard to the potential approval of the Liberty Quarry, Council Member Naggar stated that it may be beneficial to explore the possibility of performing air quality control monitoring in an effort to establish a baseline and that in the event Liberty Quarry were approved by the Board of Supervisors, the City would have the right to implement air quality conditions on project. C. Council Member Edwards requested that staff explore the possibility of installing oxygen deliver units along with AED units. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Ordinance 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 August 8, 2006. 3 Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 06-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Trustee/Fiscal Aqent Services for FY 06/07 RECOMMENDATION: 4.1 Approve the expenditure of $38,760 for annual Trustee/Fiscal Agent services provided by US Bank for the City's Community Facilities Districts, Assessment District, Tax Allocation Bonds and Certificates of Participation for fiscal year 2006/07. R:\Minutes\082206 2 5 Purchase Seventeen (17) Citv Vehicles RECOMMENDATION: 5.1 Approve the purchase of the following vehicles from Rancho Ford: One (1) 2007, 2WD 1-Ton Utility Truck - $26,073.35 One (1) 2007, 4WD Extended Cab Flatbed Utility Truck - $36,519.71 One (1) 2007, 4WD 3/4-Ton F-250 Pickup Truck - $26,707.99 One (1) 2007, 4WD 1I2-Ton F-150 Extended Cab Pickup Truck - $20,216.06 Five (5) 2007, 2WD 1I2-Ton F-150 Extended Cab Pickup Truck - $86,173.05 One (1) 2007, 1I2-Ton Cargo Van - $14,363.08 Three (3) 2007, 2WD 4-Door Hybrid SUV - $79,212.42 5.2 Approve the purchase of the following vehicles from Norm Reeves Dodge: Four (4) 2007, 4WD 1I2-Ton Ram 1500 Quad Cab Pickup Truck - $102,057.52 (Item No.5 was pulled for separate discussion, see page 7.) 6 Temporarv Staffinq Aqreements RECOMMENDATION: 6.1 Approve an agreement for temporary staffing services with AppleOne for an annual amount of $165,000 and authorize the City Manager to execute the agreement; 6.2 Approve an agreement for temporary staffing services with Manpower for an annual amount of $110,000 and authorize the City Manager to execute the agreement; 6.3 Approve an agreement for temporary staffing services with Kimco for an annual amount of $55,000 and authorize the City Manager to execute the agreement; 6.4 Approve an agreement for temporary staffing services with TriStaff for an annual amount of $55,000 and authorize the City Manager to execute the agreement. 7 Police Department OTS Grant Fundinq RECOMMENDATION: 7.1 Increase estimated General Fund Grant Revenue by $122,177; 7.2 Appropriate $122,177 from General Fund Grant Revenue to the Police Department. R:\Minutes\082206 3 8 Authorize Temporarv Street Closure of Main Street between Old Town Front Street and Pujol Street for the "Temecula-On-Staqe" event scheduled for September 2. 2006 and Deleqate Authoritv to Issue a Special Events/Street Closures Permit to the Director of Public Works/Citv Enqineer RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 06-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND PUJOL STREET FOR THE "TEMECULA-Ofll STAGE" EVENT SCHEDULED FOR SEPTEMBER 2, 2006 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES (Mayor Pro Tern Washington abstained with regard to this item.) 9 Authorize Temporarv Street Closure of Primrose Avenue between Peachtree Street and Pechanqa Road for the Great Oak Hiqh School Marchinq Band Competition Event scheduled for October 14. 2006 and Deleqate Authoritv to Issue a Special Events/Street Closures Permit to the Director of Public Works/Citv Enqineer RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 06-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF PRIMROSE AVENUE BETWEEN PEACHTREE STREET AND PECHANGA ROAD FOR THE GREAT OAK HIGH SCHOOL MARCHING BAND COMPETITION EVENT AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 10 Summarv Vacation of Peqqv Lou Lane in Parcel Map No. 19276 RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 06-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE LOTS "B" AND "c" (PEGGY LOU LANE) OF PARCEL MAP NO. 19276 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE R:\Minutes\082206 4 11 Acceptance of a certain Public Street. Nicole Lane. in the Citv-Maintained Svstem within Parcel Map No. 30107 (Located at the southwesterlv corner of Marqarita Road and Overland Drive) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 06-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A CERTAIN PUBLIC STREET, NICOLE LANE, INTO THE CITY- MAINTAINED SYSTEM (WITHIN PARCEL NO. 30107) 12 Quitclaim Park Site as dedicated on Tract Map No. 32437-1. Lot 64 from Citv of Temecula to Harveston. LLC RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 06-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A PUBLIC PARK TO THE UNDERLYING FEE OWNERS OF PARK SITE LOT 64, LOCATED WITHIN TRACT MAP 32437-1 13 Acceptance of Improvements and Notice of Completion for Traffic Siqnal and Interconnect Upqrades - 79 South. Winchester Road and Redhawk Area - Project No. PW05-12 RECOMMENDATION: 13.1 Accept the Traffic Signal and Interconnect Upgrades Project (79 South, Winchester Road, and Redhawk Area)- Project No. PW05-12; 13.2 File a Notice of Completion. 14 Amendment NO.4 to the Architectural Services Aqreement with LPA. Inc. for the Temecula Librarv Project - Project No. PWOO-07 RECOMMENDATION: 14.1 Approve Amendment NO.4 to the agreement with LPA, Inc. in an amount not to exceed $98,511.00 to provide the necessary construction support services to complete the Temecula Library Project. R:\Minutes\082206 5 15 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citvwide Concrete Repairs. Phase I for Fiscal Year 2006-2007 - Project No. PW06-08 RECOMMENDATION: 15.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs, Phase I Fiscal Year 2006-2007, Project No. PW06-08. 16 Citv Manaqer Authorization to Obtain Appraisals and Make Offers to Purchase Real Propertv for Public Riqhts of Wav Pursuant to Government Code Section 66462 RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 06-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS RELATING TO THE OBTAINING OF APPRAISALS AND MAKING OFFERS TO PURCHASE REAL PROPERTY FOR CERTAIN ACQUISITIONS OF PUBLIC RIGHTS OF WAY 17 Draft Letter to Public Utilities Commission (PUC) Related to Electrical Baseline (At the request of Council Member Comerchero) RECOMMENDATION: 17.1 Approve the attached draft letter to Public Utilities Commission (PUC) relating to baseline rate structures for this region. (Item No. 17 was pulled for separate discussion, see page 7.) 18 Recordation of Notice of Desiqnated Historic Structures RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 06-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING HISTORIC RESOURCES DESIGNATIONS SET FORTH IN THE OLD TOWN SPECIFIC PLAN TO BE RECORDED PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27288.2 AND PUBLIC RESOURCES CODE SECTION 5029 R:\Minutes\082206 6 19 Second Readinq of Ordinance No. 06-09 RECOMMENDATION: 19.1 Adopt an Ordinance entitled: ORDINANCE NO. 06-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON CERTAIN STREETS MOTION: Council Member Naggar moved to approve Consent Calendar Item Nos. 1-4,6-16, and 18-19 (Items Nos. 5 and 17 pulled for separate discussion; see below). Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Mayor Roberts who abstained frorttem No. 2.1 and Mayor Pro Tern Washington who abstained from Item NO.8. CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION 5 Purchase Seventeen (17) Citv Vehicles RECOMMENDATION: 5.3 Approve the purchase of the following vehicles from Rancho Ford: One (1) 2007, 2WD 1-Ton Utility Truck - $26,073.35 One (1) 2007, 4WD Extended Cab Flatbed Utility Truck - $36,519.71 One (1) 2007, 4WD 3/4-Ton F-250 Pickup Truck - $26,707.99 One (1) 2007, 4WD 1I2-Ton F-150 Extended Cab Pickup Truck - $20,216.06 Five (5) 2007, 2WD 1I2-Ton F-150 Extended Cab Pickup Truck - $86,173.05 One (1) 2007, 1I2-Ton Cargo Van - $14,363.08 Three (3) 2007, 2WD 4-Door Hybrid SUV - $79,212.42 5.4 Approve the purchase of the following vehicles from Norm Reeves Dodge: Four (4) 2007, 4WD 1I2-Ton Ram 1500 Quad Cab Pickup Truck - $102,057.52 Referencing the purchase of City vehicles, Council Member Comerchero commended staff on its efforts of purchasing City vehicles from local dealerships. 17 Draft Letter to Public Utilities Commission (PUC) Related to Electrical Baseline (At the request of Council Member Comerchero) RECOMMENDATION: 17.2 Approve the attached draft letter to Public Utilities Commission (PUC) relating to baseline rate structures for this region. R:\Minutes\082206 7 Council Member Comerchero thanked Senior Management Analyst Adams for his efforts in drafting the letter to the Public Utilities Commission (PUC). MOTION: Council Member Comerchero moved to approve Consent Calendar Item Nos. 5 and 17. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. At 7:25 p.m., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. The City Council resumed with regular business at 7:42 P.M. COUNCIL BUSINESS 27 Smokinq in Senior Housinq Buildinqs (at the request of Mavor Pro Tern Washinqton) RECOMMENDATION: 27.1 Discuss and provide direction to Staff on possible non-smoking provisions for Senior Housing. Mayor Pro Tern Washington provided a staff report (of written record). A. Ms. Lyn Femorite, Temecula, spoke in favor of non-smoking provIsions for senior housing and requested that the City implement a program that would accommodate both smokers as well as non-smokers for existing senior housing and/or multi-family housing. Concurring with Mayor Pro Tern Washington's desire to impose a condition, limiting smoking specifically to future senior housing projects, Council Member Naggar suggested that staff obtain community feedback with regard to banning all smoking in public places and requested that this matter be agendized for a future meeting. Thanking Mayor Pro Tern Washington for bringing this item forward, Council Member Comerbero relayed his support of non -smoking provisions for senior housing. Echoing previous comments, Council Member Edwards concurred with establishing an ordinance that would limit smoking in public places and senior housing and would also be desirous of receiving public input with regard to prohibiting smoking at a City-wide level. Mayor Roberts as well concurred with establishing an ordinance that would limit smoking for senior housing and future apartment dwellings and suggested that a subcommittee be established to discuss available options. MOTION: Mayor Pro Tern Washington moved to approve the formation of a subcommittee to discuss and to obtain information pertaining to the possible creation of an ordinance, limiting smoking in public places, senior housing, and existing multi-family housing. Council Member Naggar seconded the motion. (Following additional discussion, electronic vote reflected unanimous approval of this motion.) R:\Minutes\082206 8 28 Police Department Graffiti Action Plan (At the request of Mavor Pro Tern Washinqton) RECOMMENDATION: 28.1 Receive a presentation on the Police Department's Graffiti Action Plan. Police Chief Aim introduced Lieutenant Pino. Lieutenant Pino, by way of PowerPoint Presentation, provided a brief update on the City's Graffiti Action Plan, highlighting the following: . History . Graffiti Removal . Graffiti in Temecula . Graffiti Removal Costs . Graffiti Laws/Penalties . Graffiti Prevention Action Plan. In response to Mayor Pro Tern Washington, Lieutenant Pino noted that a portion of the City's increased graffiti trend could be attributed to the City's population growth and that apprehending juveniles from such activity will be an on-going effort. A. Mr. Richard Miller, representing Tag Back, spoke regarding the benefits of the Tag Back Program. B. In an effort to provide a positive outlet for these taggers, Mr. Bill Gould, Temecula, spoke in favor of the City implementing a range of art programs. C. Ms. Ruth Hobbs, Temecula, commended the City's Police Departments on its enforcement and urged the Council to contribute funds to programs that would support and redirect taggers to express their art work in an acceptable fashion. Mayor Pro Tern Washington thanked the speakers for their comments. It was the consensus of the City Council to receive and file this report. DEPARTMENTAL REPORTS 29 Citv Council Travel/Conference Report - Julv 2006 30 Economic Development Monthlv Report 31 Buildinq and Safetv Department Monthlv Report 32 Public Works Department Monthlv Report 33 Police Department Monthlv Report 34 Planninq Department Monthlv Report R:\Minutes\082206 9 CITY MANAGER REPORT No additional comments. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there was no formal action to report. ADJOURNMENT At 8:36 P.M., the City Council meeting was formally adjourned to Tuesday, September 12, 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\082206 10 ITEM NO.3 Approvals City Attorney Director of Finance City Manager ~ IJIl. ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 12, 2006 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Reta Weston, Accounting Specialist Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, have been reviewed by the City Manager's Office, and that the same are hereby allowed in the amount of $12,024,467.19. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12 day of September , 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 12 day of September, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk IY OF TEMECULA ST OF DEMANDS 08/17/2006 TOTAL CHECK RUN: 08/24/2006 TOTAL CHECK RUN: 08/31/2006 TOTAL CHECK RUN: 08/24/2006 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 09/12/06 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 120 165 190 192 193 194 196 210 280 300 320 330 340 460 473 475 476 477 GENERAL FUND DEVELOPMENT IMPACT FUND RDALOWiMOD - 20% SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL "B" STREET LIGHTS TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL "D" REFUSEiRECYCLING TCSD SERVICE LEVEL "L" LAKE PARK MAINT. CAPITAL IMPROVEMENT PROJECTS FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES CFD 88-12 DEBT SERVICE FUND CFD 03-1 CROWNE HILL DEBT SERVICE FUND CFD03-3 WOLF CREEK DEBT SERVICE FUND CFD 03-6 HARVEST ON 2 DEBT SERVICE FUND CFD-RORIPAUGH 001 165 190 192 193 194 196 210 280 300 320 330 340 GENERAL FUND RDALOWiMOD - 20% SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL D TCSD SERVICE LEVEL "L" LAKE PARK MAINT. CAPITAL IMPROVEMENT PROJECTS FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: $ 5,769,127.34 1,824.66 185,505.70 369,620.56 49,569.22 43,183.21 94,332.77 12,30102 3,702,771.04 25,7 57.35 8,860.87 89,984.36 4,910.48 17,972.52 1,169,775.99 1,984.32 577.50 577.50 84000 $ $ 300,520.28 6,371.92 120,574.36 114.39 4,914.72 848.66 569.45 235.96 3,175.23 1,284.29 24,813.29 3,519.30 8,048.93 $ 4,326,994.80 1,491,796.95 5,730,684.66 474,990.78 $ 12,024,467.19 11,549,476.41 474,990.78 $ 12,024,467.19 apChkLst Final Check List Page: 1 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 109568 08117/2006 004973 ABACHERLI, L1NDI TCSD instructor earnings 800.00 800.00 109569 08117/2006 000434 ACCELA.COM Accela Cf: K.Krueger 8/21-24/06 625.00 625.00 109570 08117/2006 004765 ACTIVE NETWORK INC, THE Refund:L.Kum 4 Paws Basic Dog Trn 200.00 Refund:G.Rayfield Skyhawks 120.00 320.00 109571 08117/2006 004064 ADELPHIA 8/10-919 high speed internet svcs 62.95 Aug-Sept high speed internet RRs 46.95 Aug-Sept high speed internet svcs 46.95 156.85 109572 08117/2006 003951 ALL AMERICAN ASPHALT Citywide Slurry Seal Project PW06-01 563,690.50 ret wlh pmt Slurry Seal Project PW06-01 -56,369.05 507,321.45 109573 08117/2006 004431 AMERICAN PAYROLL INSTITUTE Membership: Monica Jorgenson 103725 165.00 165.00 INC 109574 08117/2006 004446 AMERICAN SOCIETY OF CIVIL Asce mbrshp: Avlin Odviar AA070641 B 200.00 200.00 109575 08117/2006 000101 APPLE ON E INC Temp Help PPE 7/8 Kasparian 524.16 Temp Help PPE 7/29 Jepsen 218.40 742.56 109576 08117/2006 010285 ARREOLA, EUGENIA Refund: J.Alvarez Level 1 Swim Lessons 40.00 40.00 109577 08117/2006 001445 ASSISTANCE LEAGUE OF Refund: Picnic Margarita Comm. Park 235.00 235.00 TEMECULA 109578 08117/2006 007958 ATLANTIC CITY GAMES INC casino equip. rental:High Hopes Prgm 378.21 378.21 109579 08117/2006 002648 AUTO CLUB OF SOUTHERN Membership:Shabec, R. 14420053 47.00 47.00 CALIF 109580 08117/2006 010305 BAKER, ROSEMARIE refund:Tutor Whiz 44.00 44.00 109581 08117/2006 008868 BANK OF SACRAMENTO rei ret. to escrow:Diaz Rd:RJ Noble 214,219.80 214,219.80 109582 08117/2006 004040 BIG FOOT GRAPHICS TCSD instructor earnings 275.63 275.63 109583 08117/2006 003138 CAL MAT PW: Supplies for pothole repairs 585.77 PW: Supplies for pothole repairs 249.46 PW: Supplies for Pothole Repairs 164.83 PW: Supplies for Pothole Repairs 150.85 PW: Supplies for Pothole Repairs 150.85 1,301.76 Page:1 apChkLst Final Check List Page: 2 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109584 08117/2006 004248 CALIF DEPT OF JUSTICE- June blood alcohol analysis 1,260.00 1,260.00 ACCTING 109585 08117/2006 001374 CALIF SECRETARY OF STATE Notary Public Exam: Michaela Ballreich 40.00 40.00 109586 08117/2006 002415 CASTLE AMUSEMENT PARK 2006 Summer Day Camp Excursion 1,210.99 1,210.99 109587 08117/2006 009640 CERTIFION CORPORATION Entersect Police Online 1 User July 150.00 150.00 109588 08117/2006 000137 CHEVRON USA INC City vehicles fuel: Police 799.30 City vehicles fuel: City Manager 488.95 1,288.25 109589 08117/2006 010214 CHILDRENS HOSPrTAL- SAN medical examination - Temecula PO 775.00 775.00 DIEGO 109590 08117/2006 000442 COMPUTER ALERT SYSTEMS install panic buttonsT.Mus/C.Mus 1,000.00 1,000.00 109591 08117/2006 001264 COSTCO WHOLESALE TCSD Rec Prgm Supplies 178.88 178.88 109592 08117/2006 006954 CRAFTSMEN PLUMBING & HVAC Plumbing repairs: Pala Park 254.13 254.13 109593 08117/2006 010290 CROWNE HILL ELEMENTARY Refund: Security Deposit CRC Pool 150.00 150.00 109594 08117/2006 010142 CRUZ, ANGELINA refund:Skyhawks - Multi-Sport II 140.00 140.00 109595 08117/2006 001009 D B X INC Release RetentionTrffc Signallntercnnt 12,741.60 12,741.60 109596 08117/2006 003272 DAISYWHEEL RIBBON Plotter Supplies: GIS 912.65 912.65 COMPANY INC 109597 08117/2006 010291 DANNEWITZ, GRACE Refund: J. Dannevvitz Level 2 Swim Lsns 40.00 Refund: NDannevvitz Level 2 Swim Lsns 40.00 80.00 109598 08117/2006 006484 DEREK, DAVIS Periormance:Summer Concerts 8/24/06 900.00 900.00 109599 08117/2006 010185 DOVE-DANIELS, STACEY TCSD instructor earnings 420.00 420.00 109600 08117/2006 010066 EMPIRE SALES & DISTRIBUTORS 12 Skateboards:Cultural Arts Prgm 646.50 646.50 Page2 apChkLst Final Check List Page: 3 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109601 08117/2006 005115 ENTERPRISE RENT A CAR INC 7/25 Day Camp excursion van rental 141.72 7/11 Day Camp excursion van rental 137.72 7105 Day Camp excursion van rental 137.72 7/25 Day Camp excursion van rental 116.17 7/12 Van Rental for Planning 107.74 7/11 Day Camp excursion van rental 105.39 746.46 109602 08117/2006 009953 FEDERAL CLEANING Cleaning srvcs:PD mall storefront Aug 375.00 375.00 CONTRACTORS 109603 08117/2006 003747 FINE ARTS NETWORK TCSD Instructor Earnings 5,040.00 Once Upon a Mattress 8/4-12 final pmt 4,689.58 9,729.58 109604 08117/2006 000166 FIRST AMERICAN TITLE Lot Book Reports: Crookshank 75.00 COMPANY Lot Book Reports: Curry 75.00 150.00 109605 08117/2006 007866 G C S SUPPLIES INC Toner and cartridges: Info Sys 1,797.14 Toner and cartridges: Info Sys 291.02 2,088.16 109606 08117/2006 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire Prevention 663.85 663.85 INC 109607 08117/2006 004910 GLOBAL EQUIPMENT COMPANY equipment for Info Systems 276.14 276.14 INC 109608 08117/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 161.56 161.56 109609 08117/2006 009660 GRADE PROS INC. Jul prgss pmt:Pauba Rd Phase II 364,942.59 Release Retention:Pauba Rd Phase II 36,494.26 July Retention: Pauba Rd Ph II -36,494.26 364,942.59 109610 08117/2006 009964 HAERR,ROBERT 8/17 Performance: Summer Concert Series 1,000.00 1,000.00 109611 08117/2006 000186 HANKS HARDWARE INC Hardware Supplies: Station 84 104.88 104.88 109612 08117/2006 003299 HAYES, BARNEY Entertainment: Hot Summer Nights 400.00 400.00 109613 08117/2006 001135 HEALTH POINTE MEDICAL Jun Pre-employment physicals 520.00 520.00 GROUP INC 109614 08117/2006 010210 HOME DEPOT SUPPLY INC, THE Hardware supplies: TCSD Parks 21.54 21.54 109615 08117/2006 003198 HOME DEPOT, THE Hardware supplies: TCSD 121.12 Hardware supplies: TCSD 17.38 138.50 Page:3 apChkLst Final Check List Page: 4 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109616 08117/2006 010292 HUA L1U, JIAN Refund: M. Liu Toddler Swim Lessons 40.00 40.00 109617 08117/2006 001573 INLAND EMPIRE FILM IEFC Sponsorship 5,000.00 5,000.00 COMMISSION 109618 08117/2006 001377 INLAND EMPIRE MANAGERS Membership: Shawn Nelson 25.00 25.00 ASSN 109619 08117/2006 003998 INLAND VALLEY FILIPINO Refund: Security Deposit CRC Meeting 150.00 150.00 109620 08117/2006 003296 INTL CODE COUNCIL Ca EM/UBC '97 manuals: Fire 49.10 49.10 109621 08117/2006 001186 IRWIN, JOHN TCSD instructor earnings 873.60 873.60 109622 08117/2006 010294 JAURRIGUE, RICK Refund: Picnic Shelter/Sports Prk 115.00 115.00 109623 08117/2006 004908 JIFFY LUBE 1878 B&S Vehicle Oil Change 109.15 109.15 109624 08117/2006 005571 JOAN F. SPARKMAN SCHOOL Refund: Security Deposit CRC Pool 150.00 150.00 PTA 109625 08117/2006 008001 JOHN NAPIER SOCCER CAMP Refund: Security Deposit Field Temeku 150.00 150.00 109626 08117/2006 010211 KARWIN, BOB Entertainment: Summer Nights 7/21 300.00 300.00 109627 08117/2006 010280 KEN WHITLEY & ASSOCIATES "Parolee Contacts" course 9/16/06 130.00 130.00 109628 08117/2006 010296 KESSLER, MARY LOU refund:Rizing Stars Summer Camp 150.00 refund:Digital Art Photography 96.00 246.00 109629 08117/2006 002789 KIMCO STAFFING SERVICES INC Temp Help PPE 8/6 Bagdasarian 638.00 Temp Help PPE 8/6 Wedeking 192.13 830.13 109630 08117/2006 010298 KINGSTON, KELLY Refund: R. Kingston Taekwondo Camp 29.67 29.67 109631 08117/2006 009923 L S A ASSOCIATES INC May prgss:Educ Cntr Rough Grading 8,908.34 8,908.34 109632 08117/2006 003605 LAKE ELSINORE STORM ticket sales for storm game 8/11/06 161.00 161.00 109633 08117/2006 004548 LIGHTNING POWDER COMPANY Fingerprinting Digit 10 Replacement Pads 229.08 229.08 Page:4 apChkLst Final Check List Page: 5 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109634 08117/2006 004697 LOWES Res Impr Prgm: Reilly, Jeffrey 1,044.23 1,044.23 109635 08117/2006 009080 M V P LIMOUSINE & GROUND Transportation srvcs:lnt'1 Art Expo 1,206.00 1,206.00 TRAN 109636 08117/2006 003782 MAIN STREET SIGNS Various City street Signs:PWMaint 5,172.00 overlays/signs:PW Maint 946.85 6,118.85 109637 08117/2006 004141 MAINTEX INC custodial supplies:MPSC 439.61 custodial supplies:Parks 378.74 custodial supplies:TCC 345.77 1,164.12 109638 08117/2006 008654 MALLORY FIRE rescue rope equip:Fire Stn 73 3,597.79 3,597.79 109639 08117/2006 001967 MANPOWER TEMPORARY temp help wle 08106 Hoof/Dankworth 1,368.80 SERVICES temp help wle 07130 Hoof/Dankworth 1,368.80 2,737.60 109640 08117/2006 010300 MARAVILLA, MARIA refund:security deposit/CRC 400.00 400.00 109641 08117/2006 002046 MASTER K 9 INC FY 06/07 K-9 maint training 1,200.00 1,200.00 109642 08117/2006 000220 MAURICE PRINTERS INC 2500 employment appl.forms:H.R. 586.16 586.16 109643 08117/2006 010287 MAXWELL, RHONDA refund:Summer Day Camp 435.00 435.00 109644 08117/2006 010304 MAYNARD, JEFF reimb:NCIP Report Writing 7/17-21/06 152.81 152.81 109645 08117/2006 000944 MCCAIN TRAFFIC SUPPLY INC traffic signal controllers:PW Traffic 3,986.75 3,986.75 109646 08117/2006 006571 MELODY'S AD WORKS reimb expenses:Smr Nights/E.S.G. 19.50 19.50 109647 08117/2006 009541 MEYER AND ASSOCIATES Jul dsgn svcs: TCC Expansion 2,075.00 2,075.00 109648 08117/2006 008091 MILLMORE'S WAX CREW City vehicles detailing svcs:PW Depts 125.00 City vehicles detailing svcs:PW Depts 100.00 City vehicles detailing svcs:B&S Dept 70.00 City vehicles detailing svcs:Code Enf 50.00 City vehicles detailing svcs:Planning 20.00 365.00 109649 08117/2006 001384 MINUTEMAN PRESS Window Envelopes: Finance Dept 481.00 business cards: S.Fisk 116.96 business cards: M. Pi no 116.96 business cards: S. Faris 107.75 822.67 PageS apChkLst Final Check List Page: 6 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109650 08117/2006 010168 MYERS & SONS HI-WAY SAFETY PW: Barricades For Special Events 1,805.89 1,805.89 INC 109651 08117/2006 006077 NTH GENERATION COMPUTING 1st yr SAN maint/support:lnfo Systems 11,340.00 11,340.00 INC 109652 08117/2006 002925 NAPA AUTO PARTS equip parts/supplies:PW Maint 71.92 vehicle maint parts:Paramedics 51.03 vehicle maint parts:Paramedics 44.62 vehicle maint parts:Paramedics 8.72 credit:items returned/Paramedics -18.19 158.10 109653 08117/2006 004512 NINYO & MOORE Jun geotechnical svcs:R.C.Rd medians 1,518.25 Jun geotechnical svcs:79S medians 749.50 2,267.75 109654 08117/2006 009938 NOBEL SYSTEMS INC Geodatabase conversion:GIS 1,020.00 1,020.00 109655 08117/2006 002139 NORTH COUNTY TIMES Jul recruit ads:Pln/IS/FirefTCSD/PW 665.88 Jul public ntcs:PW/RDAlPln/C.C. 294.36 annual subscr:Planning #219397 106.80 1,067.04 109656 08117/2006 010167 ODYSSEY POWER HVAC/UPS systems maint:lnfo Systems 2,110.26 2,110.26 CORPORATION 109657 08117/2006 006721 OFFICEMAX - A BOISE COMPANY Office Supplies:Finance 12.73 12.73 109658 08117/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 55.82 55.82 109659 08117/2006 001171 ORIENTAL TRADING COMPANY C.Museum recreation supplies 241.78 INC Family Fun Night Supplies 144.95 Summer Day Camp supplies 127.40 TCSD recreation supplies 79.80 593.93 109660 08117/2006 006552 PAINTED EARTH Summer Day Camp Excursion 7/20/06 551.68 551.68 109661 08117/2006 005573 PALOMA ELEMENTARY PTA refund:security deposit/CRC 150.00 150.00 109662 08117/2006 004074 PARTY CITY OF TEMECULA INC MPSC Prgm Supplies 243.83 TCC Recreation Supplies 87.54 331.37 109663 08117/2006 004538 PAULEY EQUIPMENT COMPANY equipment repair for TCSD 1,734.46 equipment rental:Code Enf 88.40 1,822.86 Page:6 apChkLst Final Check List Page: 7 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109664 08117/2006 002331 PEP BOYS INC equip parts/supplies:PW Maint 86.18 equip parts/supplies:PW Maint 43.09 equip parts/supplies:PW Maint 32.31 credit:items returned/PW Maint -43.09 118.49 109665 08117/2006 009796 PERVO PAINT COMPANY street stenciling paintPWMaint 3,843.44 3,843.44 109666 08117/2006 000249 PETTY CASH Petty Cash Reimbursement 427.80 427.80 109667 08117/2006 003831 PHILLIPS COMPANY, THE CPR supplies:CPR Prgm 90.51 90.51 109668 08117/2006 010284 PHILLIPS, MARCI refund:Skyhawks - Mini Hawk II 108.00 108.00 109669 08117/2006 000253 POSTMASTER Express Mail & Postal Svcs 65.35 65.35 109670 08117/2006 010274 PREMIER COMMERICAL BANK Retention to escrow:79S medians/Seador 92,526.02 92,526.02 109671 08117/2006 000254 PRESS ENTERPRISE COMPANY Jul recruit ads:IS/PlnfTCSD/Fire/PW 3,772.17 3,772.17 INC 109672 08117/2006 003493 PRO-CRAFT Res implY prgm: Falzon 5,153.00 Res ImplY Prgm: Camp, Patricia 3,398.00 8,551.00 109673 08117/2006 010104 PROMENADE MALL IN Jun lease pmt:Police Mall stn 1,458.33 TEMECULA,THE May lease pmt:Police Mall Stn 1,458.33 2,916.66 109674 08117/2006 005075 PRUDENTIAL OVERALL SUPPLY Jul uniform/fir mtltwl rentals:City 1,092.60 1,092.60 109675 08117/2006 004529 QUAID TEMECULA HARLEY- Jun Police motorcycle repair/maint 4,137.37 DAVIDSON Jul Police motorcycle repair/maint 7.55 4,144.92 109676 08117/2006 001416 QUICK CRETE PRODUCTS INC trash can plastic liners:Parks 525.82 525.82 109677 08117/2006 004457 R J NOBLE COMPANY Jul prgs pmt #2:Diaz Rd 2,142,198.02 ret. w/h pmt #2:Diaz Rd -214,219.80 1,927,978.22 109678 08117/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 27,587.60 Various Water Meters 329.61 Various Water Meters 292.36 Various Water Meters 73.62 28,283.19 109679 08117/2006 002654 RANCHO FORD LINCOLN City Vehicle RepairlMaint Code Enf 27.38 27.38 MERCURY Page:? apChkLst Final Check List Page: 8 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109680 08117/2006 004584 REGENCY LIGHTING Jul TCSD electrical supplies 1,482.00 1,482.00 109681 08117/2006 004498 REPUBLIC ELECTRIC Jul traffic sign repair/maint:Winchester 1,260.00 1,260.00 109682 08117/2006 002412 RICHARDS WATSON & GERSHON Jun 2006 legal services 139,906.62 139,906.62 109683 08117/2006 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 210.00 TCSD Instructor Earnings 147.00 357.00 109684 08117/2006 000352 RIVERSIDE CO ASSESSOR Jul assessors maps:Bldg & Safety 18.00 18.00 109685 08117/2006 010301 RIVERSIDE CO DISTRICT FY 05/06 Prjt Safe Neighborhoods Prgm 10,719.00 10,719.00 ATTORNEY 109686 08117/2006 000267 RIVERSIDE CO FIRE Jan-Mar '06 fire services 614,191.09 614,191.09 DEPARTMENT 109687 08117/2006 001592 RIVERSIDE CO INFO May em erg radio rental: Police 684.00 TECHNOLOGY Jun emerg radio rental: Police 684.00 1,368.00 109688 08117/2006 003587 RIZZO CONSTRUCTION INC repair/install appliances:Stn 84 3,866.00 roll-up door operator repair:Stn 84 150.00 4,016.00 109689 08117/2006 010303 RONALD REAGAN CPO MESS ee recognition awards 225.00 225.00 109690 08117/2006 000277 S & S ARTS & CRAFTS INC Family Fun Nights supplies 156.47 156.47 109691 08117/2006 004598 S T KARCHITECTURE INC Aug dsgn svcs:W.C.Fire Stn 3,727.50 3,727.50 109692 08117/2006 001500 SAN DIEGO REGIONAL TRAIN Front Line CIS Skills:M.Amezcua 10/25 75.00 75.00 CTR 109693 08117/2006 000278 SAN DIEGO UNION TRIBUNE Jul recruit ads:IS/Pln/FirelPWfTCSD 2,799.00 2,799.00 109694 08117/2006 003492 SCHOLASTIC SPORTS, INC. CHS fall/winter sports ad:Council 100.00 100.00 109695 08117/2006 010089 SECURITAS SECURITY SRVCS 6/30-7/06/06 security srvcs:Fire Stn 95 1,338.02 USA 7/14-20/06 security srvcs:Fire Stn 95 1,337.96 7/21-27/06 security srvcs:Fire stn 95 1,337.96 7/28-8/3/06 security srvcs:Fire Stn 95 1,337.96 6/23-29/06 security srvcs:Fire Stn 95 1,322.27 6/16-22/06 security srvcs:Fire Stn 95 1,317.96 7,992.13 Page:8 apChkLst Final Check List Page: 9 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109696 08117/2006 007342 SHUTE, MIHALY & WEINBERGER Jun '06 legal se~ces 688.81 688.81 LLP 109697 08117/2006 000645 SMART & FINAL INC F.I.T. Program Supplies 265.39 Teen Program Supplies 217.66 MPSC Program Supplies 152.98 Lifeguard Prgm Supplies 89.38 Teen Program Supplies 84.74 Lifeguard Prgm Supplies 44.95 855.10 109698 08117/2006 000537 SO CALIF EDISON Aug 2-01-202-7330 various mtrs 49,458.28 Aug 2-01-202-7603 arterial st lights 18,582.41 Jul 2-00-397-5059 various mtrs 9,688.78 Aug 2-10-331-1353 Fire Stn 84 1,825.55 Aug 2-28-171-2620 Police Mall stn 699.43 80,254.45 109699 08117/2006 010208 SOIL & PLANT LABORATORY INC Jun prof svcs:P.B. Sports Complex 535.50 535.50 109700 08117/2006 000519 SOUTH COUNTY PEST CONTROL Jul pest control svcs:City Facilities 812.00 INC pest control svcs:Btrfld Stage Park 84.00 896.00 109701 08117/2006 010293 SOUTHER, KIMBERLY refund:Level 2 Swim Lessons 40.00 40.00 109702 08117/2006 005786 SPRINT 6/15-7/14/06 cell phn usage/equip 13,410.89 13,410.89 109703 08117/2006 006145 STENO SOLUTIONS Jul transcription svcs: Police 636.96 636.96 TRANSCRIPTION 109704 08117/2006 010302 STERLING, STEVE ee computer purchase prgm 1,449.76 1,449.76 109705 08117/2006 010297 STRICKLER, DAVID reimb:state paramedic license 130.00 reimb:County Paramedic license 50.00 180.00 109706 08117/2006 007698 SWANK MOTIONS PICTURES, "The Goonies"rental:Movies/Park 296.00 INC. "Lemony Snicket's"rental:Movies/Park 271.00 567.00 109707 08117/2006 010215 T & T JANITORIAL Jul janitorial SIYcs:C. Museum 912.00 Jul janitorial sIYcsT Museum 864.00 Jul janitorial sIYcs:MPSC 737.76 Jul janitorial SIYcs:TCC 708.00 3,221.76 Page:9 apChkLst Final Check List Page: 10 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109708 08117/2006 000305 TARGET BANK BUS CARD SRVCS Summer Day Camp supplies 111.86 SMART Program Supplies 105.83 Aquatics Prgm supplies 88.48 SMART Program Supplies 70.81 Summer Day Camp supplies 68.44 Theater Stage Supplies 66.77 Summer Day Camp supplies 46.15 CRC recreation supplies 34.86 SMART Program supplies 5.15 598.35 109709 08117/2006 006465 TEMECULA AUTO REPAIR City vehicle repair/maint:Paramedics 1,645.77 City vehicle repair/maint:Paramedics 671.06 City vehicle repair/maint:Paramedics 482.32 City vehicle repair/maint:Paramedics 393.00 City vehicle repair/maint:Fire Prev 247.64 City vehicle repair/maint:Fire Prev 235.30 City vehicle repair/maint:Fire Prev 70.93 City vehicle repair/maint:Paramedics 59.65 City vehicle repair/maint:Fire Prev 56.00 City vehicle repair/maint:Fire Prev 35.75 3,897.42 109710 08117/2006 008292 TEMECULA DIESEL AUTO & patch truck repairs:PW Maint 90.00 90.00 TRUCK 109711 08117/2006 001035 TEMECULA ENVIRONMENTAL Jan-Jun '06 trash hauling svcs 93,524.18 93,524.18 109712 08117/2006 005412 TEMECULA GARDEN & POWER equip parts/supplies:PW Maint 436.38 436.38 109713 08117/2006 005633 TEMECULA MIDDLE SCHOOL refund:security deposit/CRC 150.00 150.00 109714 08117/2006 000307 TEMECULA TROPHY COMPANY Sister Cities artwork 441.61 Recognition awards:Sister Cities prgm 64.65 nameplates:D.Hazen/Principal Planner 15.62 nameplate:J.Eden 9.16 531.04 109715 08117/2006 009331 TEMECULA VALLEY AMERICAN Refund:Sec DepositlYouth League 200.00 200.00 109716 08117/2006 004874 TEMECULA VALLEY NATIONAL refund:security depositlYouth leagues 200.00 200.00 109717 08117/2006 004274 TEMECULA VALLEY SECURITY locksmith srvcs:Park Sites 102.53 102.53 CENTR 109718 08117/2006 000919 TEMECULA VALLEY UNIFIED FY 05/06 CHS pool maint agrmnt pmt 31,688.69 31,688.69 SCHOOL Page:10 apChkLst Final Check List Page: 11 08/1712006 2:05:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109719 08117/2006 000919 TEMECULA VALLEY UNIFIED refund:security deposit/CRC 150.00 150.00 SCHOOL 109720 08117/2006 000919 TEMECULA VALLEY UNIFIED refund:security deposit/CRC 150.00 150.00 SCHOOL 109721 08117/2006 000668 TIMMY D PRODUCTIONS INC sound/lighting svcs:MovieslPark Series 10,000.00 sound/lighting svcs:Concert Series 4,000.00 OJ for Skater Challenge 5/20/06 400.00 14,400.00 109722 08117/2006 003633 TOLL ROADS, THE Feb-Jun toll roads usage 70.90 Jul toll roads usage 1.75 72.65 109723 08117/2006 010299 TONY TOBIN ELEMENTARY PTA refund:security deposit/CRC 150.00 150.00 109724 08117/2006 009912 U R S CORPORATION Jul eng svcs:Western Bypass 8,402.42 8,402.42 109725 08117/2006 007766 UNDERGROUND SERVICE ALERT Aug undrgrnd svcs alert tickets:PW 193.60 193.60 109726 08117/2006 004981 UNISOURCE SCREENING & 7/16-31/06 bckgrnd screening svcs 235.00 235.00 109727 08117/2006 008517 UNITED SITE SERVICES OF 7/20-8/16 fence rental:Main St Bridge 26.40 26.40 CA,INC 109728 08117/2006 000854 URBAN LAND INSTITUTE 1 yr mbrship dues:G.Thornhill 200.00 200.00 109729 08117/2006 010295 UTKE, PATTI refund:sec.depositlYouth League 200.00 200.00 109730 08117/2006 005574 VAIL ELEMENTARY PTA Refund :sec.deposit/CRC 150.00 150.00 109731 08117/2006 004261 VERIZON Aug xxx-son general usage 4,617.29 Aug xxx-1341 Theater 354.90 Aug xxx-1941 PTA CD TTACSO 57.69 5,029.88 109732 08117/2006 004848 VERIZON SELECT SERVICES INC Aug long distance phone svcs 709.59 Aug long distance phone svcs 8.24 717.83 109733 08117/2006 009101 VISION ONE INC Jul Showare ticketing srvcs:Theater 748.60 748.60 109734 08117/2006 010135 VOLER CORP Fire Prey inspectors' supplies 144.60 144.60 Page:11 apChkLst 08/1712006 2:05:35PM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 450.00 450.00 109735 08117/2006 006612 WEATHERPROOFING TECH, INC weatherproofing svcs:C. Museum 109736 08117/2006 010243 WESTRUX INT'L TRUCK SALES patch truck parts:PW Maint INC equipment parts/supplies:PW Maint 109737 08117/2006 002109 WHITE CAP INDUSTRIES INC misc. maintenance supplies:PW Maint 109738 08117/2006 003776 ZOLL MEDICAL CORPORATION medical supplies:Paramedics 469.54 400.84 203.44 447.30 Grand total for UNION BANK OF CALIFORNIA: 870.38 203.44 447.30 4,326,994.80 Page:12 apChkLst Final Check List Page: 1 08/24/2006 10:23:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 731 08124/2006 000444 INSTATAX (EDD) State Disability Ins Payment 22,112.81 22,112.81 732 08124/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 87,604.39 87,604.39 733 08124/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,426.82 20,426.82 SOLUTION 734 08124/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 113,874.97 113,874.97 RETIREMENT) 735 08124/2006 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 6,070.80 6,070.80 NATIONWIDE RETIREMENT 109739 08124/2006 004765 ACTIVE NETWORK INC, THE Refund:Carl Edward:Skyhawks 120.00 Refund:L.Schechter: Miss Sue's Tap 80.00 Refund:H. Romano:Science Cartooning 15.00 Refund:John Ryan:Teen Beach Blanket 5.00 220.00 109740 08124/2006 008714 ALPHA CORP Regist:SIRE Conf:9/19-22: Ballreich 449.00 449.00 109741 08124/2006 009767 AL TA LOMA CHARTER INC Day camp excursion bus:Knott's Berry 2,670.81 Day camp excursion bus:Castle Prk 2,319.39 Day camp excursion bus:Medieval Times 2,079.60 Day camp excursion bus: Movie Exp. 471.56 Day camp excursion bus:Painted Earth 468.56 8,009.92 109742 08124/2006 008595 AMERICAN INTL GROUP INC Workers' Comp August 2006 36,404.00 36,404.00 109743 08124/2006 008279 AMERICOMP IN FOSYSTEMS INC Computer Supplies:250GB Sata Dr 235.97 235.97 109744 08124/2006 010189 BANNER AMERICAN PRODUCTS Easy LAM II Laminator:Library 1,500.96 1,500.96 109745 08124/2006 010313 BEERS, JAMES Refund:Toddler Swim Lessons 40.00 Refund:Level1 SWim Lessons 40.00 80.00 109746 08124/2006 010309 BELL-WILCOX, KAREN Refund: Skyhawks-Multi-Sport III 120.00 120.00 109747 08124/2006 009437 BRENNER FIELDER & ASSOC, Harveston lake fountain parts 493.97 493.97 INC 109748 08124/2006 003138 CAL MAT PW patch truck materials 362.11 PW patch truck materials 165.38 PW patch truck materials 113.14 640.63 Page:1 apChkLst Final Check List Page: 2 08/24/2006 10:23:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109749 08124/2006 005384 CALIF BAGEL BAKERY & DELI Refreshemtns: Council closed session 206.88 206.88 109750 08124/2006 000647 CALIF DEPT OF CONSUMER License renewal: Charette, S C48902 125.00 125.00 AFFAIRS 109751 08124/2006 005660 CALIF EMS AUTHORITY Paul Saba paramedic license renewal 130.00 130.00 109752 08124/2006 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 50.79 50.79 109753 08124/2006 010307 CHICK-FIL-A INC. Refund: DIF & TUMF ovrchg 4,607.43 4,607.43 109754 08124/2006 005708 CLEAR CHANNEL Hot Summer Night broadcasting 1,740.00 BROADCASTING INC Hot Summer Night broadcasting 500.00 2,240.00 109755 08124/2006 009028 COMMUNICATIONS USA INC Theater radio w/2-yr warranty 571.30 571.30 109756 08124/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 150.00 150.00 109757 08124/2006 000447 COMTRONIX OF HEMET 8 portable police radios 5,858.07 5,858.07 109758 08124/2006 010312 COOPER, SUSAN Refund:Level 4/5 Swim Lessons 40.00 40.00 109759 08124/2006 001264 COSTCO WHOLESALE pressure wshr/fumiture:Fire Stn 12 3,026.15 3,026.15 109760 08124/2006 005925 CYGNUS EXPOSITIONS Regist:EMS Conf:9/25-29:Bolowich 325.00 Regist:EMS Conf:9/25-29:Buckley 325.00 650.00 109761 08124/2006 002528 EAGLE GRAPHIC CREATIONS New EE Recognition mugs: HR 47.63 47.63 INC 109762 08124/2006 010311 FABRITIUS, DIAN E Refund: Skyhawks-Multi-Sport III 120.00 120.00 Page2 apChkLst Final Check List Page: 3 08/24/2006 10:23:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109763 08124/2006 003347 FIRST BANKCARD CENTER TELERIK TT MCMS server subscription license 1,678.64 A BALLOON & BIPLANE ADVNT JO Entertainment for Sister City Guest 1,136.00 TEMECULA CREEK INN INC SN Refreshments:Sister City Guest 1,028.73 EMBASSY SUITES HOTEL SN Hotel: Sister City Guest 917.76 OFFICE DEPOT BUSINESS SVS TT HP printer for C.Washington 478.29 DIV LEAGUE OF CALIF CITIES SJ Regist:06 Ann' Conf:9/6-9/06 435.00 AMERIZON SATELLITE TT Battery for satellite phone 395.08 CLARITAS INC. JO City's demographic snapshot report 160.55 FINESTATIONERY.COM SJ Invitations for Commission Dinner 157.50 COSTCO WHOLESALE JO Misc mtg supplies: Human Resources 147.97 TREO CENTRAL STORE TT 3 - cell phone batteries 124.80 CATERERS CAFE SJ Refreshments: Staff recognition mtg 108.98 TEMECULA TROPHY COMPANY SJ EE Recognition Plaque 89.86 MARIE CALLENDER TT Refreshments: Interview Panel 88.88 RESTAURANT 25 PECHANGA RESORT & CASINO TT Refreshments: Staff Development 83.17 TECH REPUBLIC TT Book:Admin active directory 56.95 VERIZON WIRELESS LLC TT Treo battery for M. Edwards 53.86 TT bank charges 35.00 MACARONI GRILL SJ CC of the Qtr recognition 25.00 BARNES AND NOBLE STORE TT Book: It's your ship: mgmt 24.19 MIMI'S CAFE SN Refreshments:Mtg w/RVSD Co. 17.28 PETCO SJ Council top dog award event 14.00 CIRCUIT CrTY TT Council notebook accessories 14.00 PA YPAL TT Veri sign Payflow Pro Transaction 6.50 JOANN ETC SJ EE recognition certificates 5.15 7,283.14 109764 08124/2006 010183 FOLKMAN IS INC puppets for library children's area 760.24 760.24 109765 08124/2006 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 Page:3 apChkLst Final Check List Page: 4 08/24/2006 10:23:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109766 08124/2006 009097 FULL COMPASS SYSTEMS Theater Supplies: Belt Pack 2Ch 307.66 307.66 109767 08124/2006 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 2,603.07 Printer toner supplies:Citywide 471.01 3,074.08 109768 08124/2006 010270 GATES, ANDREW 8/11 Summer Night Entertainer 500.00 500.00 109769 08124/2006 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 157.50 CLUB TCSD instructor earnings nOD 234.50 109770 08124/2006 001135 HEALTH POINTE MEDICAL Employee first aid care 72.25 72.25 GROUP INC 109771 08124/2006 010150 HIGH QUALITY PAINTING INC Res Imp Prog: Lastra, Carmela 2,100.00 2,100.00 109772 08124/2006 000871 HILTON EMS Conf:9/27-29:Buckley/Bolowich 324.82 324.82 109773 08124/2006 007792 HINTON, BEVERLY L. TCSD instructor earnings 420.00 TCSD instructor earnings 170.10 TCSD instructor earnings 105.00 695.10 109774 08124/2006 005748 HODSON, CHERYL A. Support Payment 25.85 25.85 109775 08124/2006 003198 HOME DEPOT, THE Hardware supplies: City Hall 52.79 Hardware supplies: TCSD 47.00 Hardware supplies: TCSD 20.59 120.38 109776 08124/2006 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,856.44 11,856.44 303355 109777 08124/2006 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 299.55 299.55 INC 109778 08124/2006 010119 IRS-OIC Sup Pmt offer#1000497587 452379267 140.11 140.11 109779 08124/2006 001186 IRWIN, JOHN TCSD instructor earnings 71.40 71.40 109780 08124/2006 010308 JOHNSON, LANETTE Refund: Science Cartooning 15.00 15.00 109781 08124/2006 009016 JONES, STACY Refund: Advanced Chorus 158.00 158.00 109782 08124/2006 010310 LANGUM-AGBODO, GINA Refund: Parenting Wrkshp-Couples 60.00 60.00 Page:4 apChklst Final Check List Page: 5 08/24/2006 10:23:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109783 08124/2006 004412 LEANDER, KERRY D. TCSD instructor earnings 588.00 TCSD instructor earnings 441.00 TCSD instructor earnings 395.50 TCSD instructor earnings 49.00 1,473.50 109784 08124/2006 003726 LIFE ASSIST INC Paramedic Medical Supplies 2,140.50 2,140.50 109785 08124/2006 004998 LINFIELD SCHOOL Refund: TUMF fee ovrchg 66,923.50 66,923.50 109786 08124/2006 004087 LOWES INC Hardware supplies:Theater 54.94 54.94 109787 08124/2006 008756 MADRIGAL, ANTONIO periormance:Harveston lake Pk 8/23 895.00 895.00 109788 08124/2006 004929 MARK FISHER COMPANY, THE TV Int'I Film Fest.program dsgn:Ecn Dev 517.00 Fall Car Show graphic dsgn:Econ Dev 258.00 775.00 109789 08124/2006 002693 MATROS, ANDREA TCSD Instructor Earnings 84.00 84.00 109790 08124/2006 010317 MCKENZIE, TERRI Refund:level 3 SWim lessons 40.00 40.00 109791 08124/2006 006571 MELODY'S AD WORKS reimb exp: Hot Smr Nights 1,195.83 1,195.83 109792 08124/2006 007210 MIDORI GARDENS Irrigation repairs:Vail Ranch Park 7/14 279.51 279.51 109793 08124/2006 001384 MINUTEMAN PRESS business cards: Police (generic) 242.09 qty 1000 correction ntcs:Bldg & Safety 148.54 business cards: M. Harold 116.96 letterhead stationery:TCSD facilities 104.97 Business cards: D. Bilby 43.37 business cards: R. Swanson 43.37 stationery supplies:TCSD facilities 22.01 721.31 109794 08124/2006 001892 MOBILE MODULAR Aug modular bldg rental:Fire Stn 92 832.40 832.40 109795 08124/2006 007011 MORRIS MYERS MAINTENANCE Jul restroom/shelter janitorial 4,379.50 4,379.50 109796 08124/2006 002925 NAPA AUTO PARTS P arts/su pp lies: Param edi cs 57.83 57.83 109797 08124/2006 005006 NBS GOVERNMENT FINANCE Special tax CFDS admin srvcs 3,202.50 GROUP Special tax admin svcs:CFD 88-12/03-1 1,385.10 4,587.60 PageS apChkLst Final Check List Page: 6 08/24/2006 10:23:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109798 08124/2006 005959 NEW COVENANT FELLOWSHIP Refund:Picnic Shelter/Harveston 235.00 235.00 109799 08124/2006 002139 NORTH COUNTY TIMES Jul display ads:RDAfTCSD 1,400.85 June recruitment ads:var. positions 455.10 Display ads:4th of July Celebration 89.40 1,945.35 109800 08124/2006 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:P.D. OT. Stn 156.40 DIV misc office supplies:P.D. Mall stn 140.22 296.62 109801 08124/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 608.69 City Vehicle Repair/Maint SVcs 187.40 City Vehicle Repair/Maint SVcs 137.87 City Vehicle Repair/Maint SVcs 136.23 City Vehicle Repair/Maint SVcs 97.65 City Vehicle Repair/Maint SVcs 96.92 City Vehicle Repair/Maint SVcs 49.24 City Vehicle Repair/Maint SVcs 34.27 1,348.27 109802 08124/2006 007959 ONEIL SOFTWARE INC on site software trng:Rcrds/lS staff 1,000.00 1,000.00 109803 08124/2006 001171 ORIENTAL TRADING COMPANY recreation supplies:C.Museum 57.45 57.45 INC 109804 08124/2006 005656 PAPA Pesticide AppI.Sem:DT/RS/DC 9/27 195.00 195.00 109805 08124/2006 010319 PACIFIC SECURITY FINANCIAL refund:shelter/R.R. Sports Park 220.00 220.00 109806 08124/2006 003955 PANE CONSULTING SERVICE Fit Prgm prizes - Sweatshirts 1,291.70 1,291.70 (PCS) 109807 08124/2006 002652 PAT & OSCARS RESTAURANT rfrshmnts:Lifeguard recogn event 8/12 454.45 454.45 109808 08124/2006 010134 PECK, WILLIAM T. Lecture: T. Museum 8/26 150.00 150.00 109809 08124/2006 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55 PROGRAM 109810 08124/2006 000249 PETTY CASH Petty Cash Reimbursement 765.08 765.08 109811 08124/2006 002185 POSTMASTER-TEMECULA add'l postage:Theater brochures 630.00 630.00 109812 08124/2006 006084 POWER DISTRIBUTORS INC electrical srvcs:R.R.Sports Parks 671.68 electrical srvcs:R.R.Sports Parks 395.00 1,066.68 Page:6 apChkLst Final Check List Page: 7 08/24/2006 10:23:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109813 08124/2006 000254 PRESS ENTERPRISE COMPANY Jul display adsTCSD/RDA 2,817.44 2,817.44 INC 109814 08124/2006 010104 PROMENADE MALL IN Jullease pmt:Police mall storefront 1,458.33 1,458.33 TEMECULA,THE 109815 08124/2006 002072 RANCHO CALIF WATER DIST- meter install/svc for Idscp:Library 6,986.00 6,986.00 FEES 109816 08124/2006 002072 RANCHO CALIF WATER DIST- commercial meter install/svcTem. Library 6,986.00 6,986.00 FEES 109817 08124/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 35,221.15 Aug 01-08-92010-0 Sprts Cmplx 5,163.05 Various Water Meters 396.99 Aug 01-08-00203-0 Sprts Cmplx 122.35 Aug 01-04-10033-2 Margarita Rd 73.35 40,976.89 109818 08124/2006 002654 RANCHO FORD LINCOLN City vehicle maint:Paramedics 100.00 100.00 MERCURY 109819 08124/2006 009725 RAZAVI, MANDIS TCSD Instructor Earnings 301.00 301.00 109820 08124/2006 010149 RIO HONDO COMMUNITY Fire Prev 3A:Elsa Grice 10/16-20/06 105.00 105.00 COLLEGE 109821 08124/2006 000268 RIVERSIDE CO HABITAT Jul '06 K-Rat Payment 3,280.00 3,280.00 109822 08124/2006 000406 RIVERSIDE CO SHERIFFS DEPT 4th of July parade/fireworks patrol svcs 20,407.22 20,407.22 109823 08124/2006 001365 RIVERSIDE COUNTY OF pin cklconcession area:P.B.Sprts Cmplx 1,048.00 1,048.00 109824 08124/2006 001365 RIVERSIDE COUNTY OF renew permitTCC 491.00 491.00 109825 08124/2006 003587 RIZZO CONSTRUCTION INC replace/install dryer:Fire Stn 84 990.00 repair ice machine:Fire Stn 84 259.77 1,249.77 109826 08124/2006 008693 SALAZAR, DONALD (SWD 000053) Support Payment 283.50 283.50 109827 08124/2006 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00 109828 08124/2006 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50 Page:? apChklst Final Check List Page: 8 08/24/2006 10:23:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109829 08124/2006 007660 SEARS ROEBUCK & CO purchase torque wrench/socket:PD. 86.93 86.93 109830 08124/2006 010318 SEAYUB, SOMPONG Refund:level 3 SWim lessons 40.00 40.00 109831 08124/2006 010315 SELFRIDGE, SIU YING Refund:level 2 SWim lessons 40.00 40.00 109832 08124/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt lO File #2005033893 150.00 150.00 109833 08124/2006 009746 SIGNS BY TOMORROW 4 Signs for Dog Park 124.12 124.12 109834 08124/2006 000751 SKILLPATH INC Creative ldrshp:S. Fisk 10/20 199.00 199.00 109835 08124/2006 000645 SMART & FINAL INC MPSC Program Supplies 98.64 Summer Day Camp Supplies 50.92 Family Fun Nights Supplies 29.15 178.71 109836 08124/2006 000537 SO CALIF EDISON Aug 2-26-887-0789 Harveston lake 1,806.58 Aug 2-25-393-4681 T.E.S. Pool 953.01 Aug 2-27-560-0625 P.B. Sprts Cmplx 135.28 Aug 2-28-366-3128 Seraphina Ped 40.30 Aug 2-28-397-1315 Rdhwk medians 12.44 credit:not a City meter -22.72 2,924.89 109837 08124/2006 000926 SO CALIF EDISON Street Lighting:Diaz Rd Realign PW95-27 10,497.25 10,497.25 109838 08124/2006 000926 SO CALIF EDISON Srvc Pedestal:Diaz Rd Realign PW95-27 10,488.15 10,488.15 109839 08124/2006 007851 SOUTH COAST HEATING & AIR HVAC repair/maint: T. Museum 683.44 HVAC repair/maint:City Hall main cfroom 425.70 HVAC repair/maint: Fire Stn 84 368.51 HVAC repair/maint: CRC Gym 140.00 HVAC repair/maint: City Hall 139.26 HVAC repair/maint: City Mgr Office 87.50 1,844.41 109840 08124/2006 010316 SPINA, CHUCK refund:Prepare Your Dog for Show 100.00 100.00 109841 08124/2006 010240 SPLASH, THE SMART Excursion 8/9/06 749.00 749.00 109842 08124/2006 005786 SPRINT Aug Acct level Chrgs 31.26 31.26 109843 08124/2006 004247 STERICYCLE INC medical waste disposal:Paramedics 116.64 116.64 Page:8 apChkLst Final Check List Page: 9 08/24/2006 10:23:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 109844 08124/2006 004221 SUSAN G KOMEN INLAND refund:security depositlR.R.Sprts Prk 150.00 150.00 VALLEY 109845 08124/2006 009500 TEMEC ELECTRONICS, INC electrical supplies: C.Museum 54.50 computer supplies for the library 39.44 93.94 109846 08124/2006 006465 TEMECULA AUTO REPAIR City vehicle maint:Fire 940.63 City vehicle maint:Fire Prev 395.82 City vehicle maint:Fire Prev 233.73 1,570.18 109847 08124/2006 003067 TEMECULA VALLEY R V SERVICE repair awning on Fire Safety Trailer 100.00 100.00 109848 08124/2006 004274 TEMECULA VALLEY SECURITY locksmith srvcs:Comm. Theater 1,755.25 CENTR locksmith srvcs:City Hall 98.96 locksmith srvcs:Rancho Vista Park 83.00 1,937.21 109849 08124/2006 003140 TEMECULA VALLEY TCSO Instructor Earnings 364.00 TAEKWONDO TCSO Instructor Earnings 327.60 TCSO Instructor Earnings 168.00 TCSO Instructor Earnings 147.00 TCSO Instructor Earnings 109.20 1,115.80 109850 08124/2006 000919 TEMECULA VALLEY UNIFIED refund:sec depositfTheater 8/10/06 500.00 500.00 SCHOOL 109851 08124/2006 000668 TIMMY D PRODUCTIONS INC OJ Srvcs:Family Fun Nights 8/18 350.00 350.00 109852 08124/2006 005937 TOMCZAK, MARIA T. TCSO Instructor Earnings 68.60 68.60 109853 08124/2006 002702 US POSTAL SERVICE Postage meter deposit 3,584.94 3,584.94 109854 08124/2006 007118 US TELPACIFIC CORPORATION Aug Internet IP Addresses Block 949.60 949.60 109855 08124/2006 004981 UNISOURCE SCREENING & 8/1-15/06 bckgrnd screening svcs 105.95 105.95 109856 08124/2006 000325 UNITED WAY United Way Charities Payment 212.15 212.15 109857 08124/2006 003665 VARTEC SOLUTIONS INC Jullong distance phone svcs 8.23 8.23 109858 08124/2006 004261 VERIZON Aug var. general usage phone lines 797.94 797.94 Page:9 apChkLst Final Check List 08/24/2006 10:23:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 109859 08124/2006 004789 VERIZON ONLINE Aug internet svcs xx2527 PO OSL 40.04 109860 08124/2006 010314 VEVE, STEPHANIE Refund:Parent & Me Swim Lessons 40.00 Refund:Toddler Swim Lessons 40.00 109861 08124/2006 010283 W B PRODUCTIONS registltiming:FIT Prgm 5/10K Race 1,000.00 109862 08124/2006 000621 WESTERN RIVERSIDE COUNCIL July '06 TUMF Payment 903,567.93 OF GOVERNMENTS 109863 08124/2006 008402 WESTERN RIVERSIDE COUNTY July '06 MSHCP payment 20,794.00 109864 08124/2006 000341 WILLDAN ASSOCIATES INC Jul plan check svcs:Fire Prev 880.60 109865 08124/2006 010069 WOLLARD, STEFFANY refund: Tiny Tots - Terrific 3's 64.00 109866 08124/2006 010193 WOOLSTENHULME, LUCIA TCSO Instructor Earnings 216.30 109867 08124/2006 000348 ZIGLER, GAIL reimb:raffle prizes for Team Pace event 885.95 Page: 10 Grand total for UNION BANK OF CALIFORNIA: Check Total 40.04 80.00 1,000.00 903,567.93 20,794.00 880.60 64.00 216.30 885.95 1,491,796.95 Page:10 08/3112006 Check List Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA CITY OF TEMECULA 3:24:45PM Check Total Amount Paid Description Vendor Date Check # Debt Service Payment CFD 88-12 US BANK 005460 IS Council video streaming svcs 12MILESOUT.COM 009604 TCSD instructor earnings 4 PAWS TRAINING 008239 Depst: Library custom coffee cart A & B DESERT SERVICES 009622 FY 06107 software maintllicense ACCELA.COM 000434 Credit: Invoice exceeds PO amount Refund:S. Shin: JW Tumbles- Wigglers ACTIVE NETWORK INC, THE 004765 Refund:J. Cortes: Prepare Your Dog for Refund:C. Ishikawa: Prepare Your Dog Refund:M. Fast: Kidz Love Soccer Refund:M. Schutz:Ballroom Dance Refund:S.Sportsman: Ballroom Dance 7115-8/14 Stn92 high speed internet svcs ADELPHIA 004064 8/22-9121 high speed internet svcs ADELPHIA 1,169,167.71 08/2412006 736 1,169,167.71 2,000.00 08/3112006 109868 2,000.00 1,190.00 08/3112006 109869 1,190.00 14,182.08 08/3112006 109870 14,182.08 08/3112006 109871 33,533.97 30,310.97 -3,223.00 08/3112006 109872 118.00 100.00 100.00 81.00 30.00 459.00 30.00 93.90 08/3112006 109873 93.90 46.95 004064 08/31/2006 109874 46.95 Reimb: SMART prgm refreshments 125.48 ADKISSON, CANDICE 005068 08/31/2006 109875 125.48 Agent booking fees:The Knitters 690.00 AGUILERA, GENE 009996 08/31/2006 109876 690.00 Theater piano tuning/maintain svcs ALLEGRO MUSICAL VENTURES 009374 08/31/2006 109877 1,500.00 1,715.00 Theater piano tuning/maintain svcs 215.00 Excursion bus svc:Pharaoh's AL TA LaMA CHARTER INC 009767 08/31/2006 109878 2,373.12 Excursion bus svc:Wild Animal 2,373.12 Excursion bus svc:Los Angeles 900.90 Excursion bus svc:Wild Rivers 866.05 Excursion bus svc:Wild Animal Prk 744.04 Excursion bus svc:Movie Experience 7,761.62 504.39 Aug Stand-by DUI Drug & Alcohol AMERICAN FORENSIC NURSES 004240 08/31/2006 109879 700.00 Sept Stand-by DUI Drug & Alcohol 700.00 Jul DUI Drug & Alcohol Screening 468.00 Jul DUI Drug & Alcohol Screening 359.00 Jul DUI Drug & Alcohol Screening 339.00 Aug DUI Drug & Alcohol Screening 2,710.00 144.00 Page: 08/31/2006 Check List CITY OF TEMECULA 2 3:24:45PM Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Check Total Amount Paid Description Vendor Date Check # Lifeguard training supplies:Aquatics Refund: Belly Dance - Beginning 152.00 08/31/2006 109880 152.00 414.84 08/31/2006 109881 414.84 45.00 08/31/2006 109882 45.00 08/31/2006 109883 655.20 546.00 524.16 447.04 359.52 177.45 2,886.82 177.45 08/31/2006 109884 47.00 47.00 141.00 47.00 527.98 08/31/2006 109885 527.98 138.38 AMERICAN RED CROSS 000936 Computer Supplies: Smartups rack AMERICOMP INFOSYSTEMS INC 008279 ANDERSON, REBECCA 010345 Temp help PPE 8/5 Gonzales APPLE ONE INC 000101 Temp help PPE 8/12 Ruiz Temp help PPE 8/12 Gonzales Temp help PPE 8/5 Ruiz Temp help PPE 8/12 Hoenig Temp help PPE 8/12 Jepsen Temp help PPE 8/5 Jepsen Membership: Juan Jaime 82822462 AUTO CLUB OF SOUTHERN CALIF 002648 Membership: Larry Romine 15453620 Membership:D.Monticino 95766932 Temecula Teen Council sweatshirts BAMM PROMOTIONAL PRODUCTS 005709 Reimb:ESRI Conf:8107-08:San Diego BEAL, KELLI 003221 08/31/2006 109886 138.38 R.C.lBusiness Prk Rd asphalt cutting 6,825.00 BECKER CONSTRUCTION SRVS INC 002541 08/31/2006 109887 6,825.00 8/12 Summer Night Entertainer 3,000.00 BLUERIDGE 010238 08/31/2006 109888 3,000.00 Refund: Security Depst: TCC 150.00 BRAVO, ERIKA 010342 08/31/2006 109889 150.00 Aerator pump motor: Harveston Park 789.51 BRENNER FIELDER & ASSOC, INC 009437 08/31/2006 109890 789.51 Refund: Fairytale Princess Dance Class 103.00 BRISTOW, STEFAN IE 010339 08/31/2006 109891 103.00 7/15-8114 Lg distance & internet svcs 749.15 BROADWING TELECOMMUNICATIONS 004176 08/31/2006 109892 749.15 8/4-25 Summer Nights Entertainer C C & COMPANY INC 006908 08/31/2006 109893 500.00 1,000.00 Summer concert series entertainment 500.00 PW patch truck materials CAL MAT 003138 08/31/2006 109894 803.93 1,131.43 PW patch truck materials 327.50 2 Page: 08/31/2006 Check List CITY OF TEMECULA 3 3:24:45PM Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Check Total Amount Paid Description Vendor Date Check # Fingerprinting ID svcs:PolicelHR License renewal: Buckley P05373 3,943.00 08/31/2006 109895 3,943.00 130.00 08/31/2006 109896 130.00 130.00 08/31/2006 109897 130.00 08/31/2006 109898 4,007.47 203.58 203.58 178.86 178.86 69.96 4,912.27 69.96 79.00 08/31/2006 109899 79.00 48.26 08/31/2006 109900 48.26 08/31/2006 109901 11,112.27 11,103.33 CALIF DEPT OF JUSTICE-ACCTING 004248 CALIF EMS AUTHORITY 005660 License renewal: Stout, J. P19462 CALIF EMS AUTHORITY 005660 AuglSept copiers lease:City-wide CANON FINANCIAL SERVICES, INC 004971 Aug copiers lease:T.Museum/Frnt Sept copiers lease:T.Museum/Frnt Sept copiers lease: CRC Aug copiers lease: CRC Sept copiers lease:Fire Stn 12 Aug copiers lease:Fire Stn 12 Regist:Emotions under Pressure:VIP878314 CAREER TRACK SEMINARS 000387 Refreshment: Library design mtg CATERERS CAFE 002534 June 06 Fire Prevo plan check review CHARLES ABBOTT ASSOCIATES INC 009539 Credit: Ovrchged for 806-1710 Reimb: EMT-Paramedic license renewal -8.94 CIOTA, JORDAN 75.00 008360 08/31/2006 109902 Refund: Grading Depst:TR 3929-215 75.00 COAST CITIES CONSTRUCTION 104.00 010333 08/31/2006 109903 Computer Supplies: SamslUsb 104.00 COMP USA INC 312.38 001193 08/31/2006 109904 Alarm Monitor Parts: Mntc Fac. 312.38 COMPUTER ALERT SYSTEMS 151.20 000442 08/31/2006 109905 800 mhz portable radios:Police 151.20 COMTRONIXOF HEMET 18,306.46 000447 08/31/2006 109906 Electrical parts for Harveston Prk 18,306.46 CONSOLIDATED ELECTRICAL DIST 70.04 002945 08/31/2006 109907 Reimb: Day Camp admission to Iceoplex 70.04 COOPER, JOSIAH 77.00 010331 08/31/2006 109908 Misc supplies for theater 77.00 COSTCO WHOLESALE 178.88 001264 08/31/2006 109909 3 178.88 Page: 08/31/2006 Check List CITY OF TEMECULA 4 3:24:45PM Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Check Total Amount Paid Description Vendor Date Check # 100 CERT Bags w/emerg supplies BBQ Grill parts for Harveston Lake 7,529.13 08/31/2006 109910 7,529.13 241.10 08/31/2006 109911 241.10 159.22 08/31/2006 109912 159.22 08/31/2006 109913 77.98 59.02 57.98 57.98 310.94 57.98 93.51 08/31/2006 109914 93.51 1,799.94 08/31/2006 109915 1,799.94 08/31/2006 109916 397,280.00 314,445.00 630,215.00 -81,510.00 CPR SAVERS & FIRST AID SUPPLY 009978 DAVE BANG & ASSOCIATES INC 004285 Reimb:ESRI Conf:8107-08:San Diego DEGANGE, JOHN 005291 Portable restroom: Lg Cnyn Prk DIAMOND ENVIRONMENTAL SRVCS 003945 Portable restroom: Redhwk Comm Prk Portable restroom: Vail Ranch Prk Portable restroom: Veterans Prk Portable restroom: Riverton Prk C. Museum Recreation Supplies DISCOUNT SCHOOL SUPPLY 004417 Jul 06 special events premiums DIVERSIFIED RISK 002701 Jul prgss:WolfCrk Sprts Cmplx DOUGLAS E BARNHART INC 008230 Jun prgss:Wolf Crk Sprts Cmplx Credit: CCO#7 previously invoiced Fuel for City Vehicles: TCSD DOWNS COMMERCIAL FUELING INC 004192 08/31/2006 109917 1,972.40 Fuel for City Vehicles:PW Mntc 1,417.45 Fuel for CityVehicles:PWINPDES/CIP 757.17 Fuel for City Vehicles:Bldg&Safety 563.56 Fuel for City Vehicles:Planning/Police 427.39 Fuel for City Vehicles:CIP 180.41 Fuel for City Vehicles:Code Enforcement 148.69 Fuel for City Vehicles:Traffic 64.55 Fuel for City Vehicles:City Van 5,585.50 53.88 Pwr Washer for graffiti removal DUNN EDWARDS CORPORATION 001669 08/31/2006 109918 4,136.26 4,339.91 Supplies for graffiti removal 203.65 95366-02 Diego Dr Ldscp 571.74 EASTERN MUNICIPAL WATER DIST 002390 08/31/2006 109919 571.74 FY 06/07 Economic Devel. svcs 22,500.00 ECONOMIC DEVELOPMENT CORP 000395 08/31/2006 109920 22,500.00 C.Museum Point of Sale Prgm 4,640.89 ECONOMY CASH REGISTER INC 010076 08/31/2006 109921 4,640.89 Refund: SMART Excursion-Wild Rvrs 26.00 ELLIOTT, MOTOMI 009807 08/31/2006 109922 26.00 4 Page: 08/31/2006 Check List CITY OF TEMECULA 5 3:24:45PM Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Check Total Amount Paid Description Vendor Date Check # Jul prgss pmt:Pauba Rd Phase II 6,419.27 ENGEN CONSULTANTS INC. 002438 08/31/2006 PW backhoe floor/tool box repairs 109923 6,419.27 570.00 EQUIPMENT REPAIR SERVICE 005251 08/31/2006 109924 570.00 Ju119-21 Express mail services FEDERAL EXPRESS INC 000165 08/31/2006 109925 201.49 Aug 9-15 Express mail services 176.24 Jul 26-Aug 1 Express mail services 124.77 Aug 2-7 Express mail services 606.52 104.02 08/30 performance @ Harveston Lake 1,200.00 FIATO, JOSEPH A. 010035 08/31/2006 109926 1,200.00 109927 08/31/2006 003347 FIRST BANKCARD CENTER Refreshments:Plan Comm mtg 56.38 HUNGRY HUNTER 007023 56.38 Day timer supplies - Planning 8.82 FRANKLIN QUEST COMPANY INC 000170 08/31/2006 109928 8.82 Fac imprv prgm: Dentistry & Dentures FREEDOM SIGNS 004178 08/31/2006 Fac impr prgm: T. Vlly Golf School 109929 4,444.69 7,838.82 3,394.13 Theater equip: 3 Shotgun Capsules FULL COMPASS SYSTEMS 009097 08/31/2006 109930 620.30 Credit: returned Wireless headphones Credit: returned Belt Pack 2Ch -77.48 235.16 -307.66 Aug 10-15 Express Mail Service:Fire GOLDEN STATE OVERNIGHT 005947 08/31/2006 109931 148.18 199.72 Ju13-13 Express Mail Service:Fire Prevo 51.54 Sound/DJ svcs: Harveston lake 400.00 GOULD JR, WilLIAM JAMES 009909 08/31/2006 109932 400.00 Refund: Tennis-Beg Jr TVHS 50.00 GRANIC, ERIKA 010340 08/31/2006 109933 50.00 Refund: Grading Depst:TR 9833-5 995.00 GUPTA, MOHINDER P. 010332 08/31/2006 109934 995.00 Biological Svcs:long Canyon Basin HABITAT WEST INC 004053 08/31/2006 Biological Svcs:long Canyon Basin Hardware supplies:City Parks HANKS HARDWARE INC 000186 109935 504.00 1,008.00 504.00 08/31/2006 109936 352.47 Hardware supplies:PW StreetlTrff 212.20 Hardware supplies:Fire Stn 73/92 149.01 Hardware supplies:CRC 100.64 Hardware supplies:City HaUfT.Museum Hardware supplies:T.Museum 86.99 24.16 Hardware supplies:Sr. Center 22.12 Hardware supplies:TCC 954.31 6.72 5 Page: 08/31/2006 Check List CITY OF TEMECULA 6 3:24:45PM Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Check Total Amount Paid Description Vendor Date Check # Pre-employment physicals 25.00 HEAL THPOINTE MEDICAL GROUP INC 001135 08/31/2006 109937 25.00 Computer equip: ProCurve Switch 3,334.86 HEWLETT PACKARD 004811 08/31/2006 109938 3,334.86 Hardware supplies: Parks HOME DEPOT, THE 003198 08/31/2006 109939 21.54 38.72 Hardware supplies:Parks 17.18 Install video surveillance sys:PB Prk 53,060.29 I P INTEGRATION INC 009979 08/31/2006 109940 53,060.29 July 06 flex benefit plan pmt IGOE & COMPANY INC 004406 08/31/2006 109941 400.00 708.25 Aug 06 flex benefit plan pmt 308.25 apn 957-170-037 weed abatement svcs INLAND EMPIRE PROPERTY 005579 08/31/2006 109942 620.80 apn 945-090-001 weed abatement svcs 300.40 apn 919-043-003 weed abatement svcs 122.50 Credit: Ovrpmt apn 945-100-005 399.50 -644.20 Records mgmt microfilm storage unit 323.40 IRON MOUNTAIN OFFSITE 003266 08/31/2006 109943 323.40 TCSD instructor earnings IRWIN, JOHN 001186 08/31/2006 109944 516.60 TCSD instructor earnings 793.80 Jun-Jul prgss:Wolf Crk Sprts Cmplx 277.20 J M DiAl INC 747.23 009393 08/31/2006 109945 Reimb:Ntl Gang Conf:7/10-13/06 747.23 JOSE, NILO 661.43 009126 08/31/2006 109946 8/25 Summer Nights Entertainer 661.43 KARWIN, BOB 300.00 010211 08/31/2006 109947 Digital Printed banners: Eco Devel. 300.00 KELLEY DISPLAY INC 13,109.49 002424 08/31/2006 109948 Temp help PPE 8/13 Bagdasarian 13,109.49 KIM CO STAFFING SERVICES INC 002789 08/31/2006 109949 Temp help PPE 8/13 Wedeking 638.00 Temp help PPE 7/30 Wedeking 507.50 1,209.30 Jun prgss: Field Oper Center Ph 1 63.80 KLEIN FELDER INC 1,247.50 003631 08/31/2006 109950 Aquatic equip: Feed pumplinjector 1,247.50 KNORR SYSTEMS INC 001282 08/31/2006 109951 1,361.76 Aquatic equip: Chemical Feed Pump 2,701 .40 Violator Display kit: Police Dept 1,339.64 KUSTOM SIGNALS INC 2,376.94 004062 08/31/2006 109952 repair Stn 73 chainsaw cut-off switch. 2,376.94 L & M FERTILIZER INC 80.33 000209 08/31/2006 109953 6 80.33 Page: 08/31/2006 Check List CITY OF TEMECULA 7 3:24:45PM Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Check Total Amount Paid Description Vendor Date Check # Harveston Lake Prk pump repairs 160.82 L 0 LYNCH WELLS & PUMP, INC 004377 08/31/2006 109954 160.82 Refund: Cathy's Dance-Beg Adult Tap 85.00 LATTIMER, KYAH MAE 010341 08/31/2006 109955 85.00 9/14 Mpsc Sr Excursion: L. Welk 987.00 LAWRENCE WELK RESORT THEATRE 000869 08/31/2006 109956 987.00 Refund: Security Depst: TCC 400.00 LOPEZ, GRACIELA 010344 08/31/2006 109957 400.00 Refund: Parent & Me Cake Decorating 11.00 LOPEZ-WILLIAMS, LORENA 008070 08/31/2006 109958 11.00 Hardware supplies: Theater 28.08 LOWES INC 004087 08/31/2006 109959 28.08 FY 06/07 Paper folder mntc contract 295.00 LYNDE ORDWAY 003054 08/31/2006 109960 295.00 add'l chrgs:Harveston Lake 8/23/06 200.00 MADRIGAL, ANTONIO 008756 08/31/2006 109961 200.00 overlays/signs:PW Maint Div 86.20 MAIN STREET SIGNS 003782 08/31/2006 109962 custodial supplies:T.Museum 86.20 MAINTEX INC 004141 08/31/2006 109963 170.30 custodial supplies:Maint Fac 235.53 TCSD Instructor Earnings 65.23 MANALlLI, AILEEN 004068 08/31/2006 109964 TCSD Instructor Earnings 374.50 TCSD Instructor Earnings 290.50 TCSD Instructor Earnings 238.00 TCSD Instructor Earnings 238.00 TCSD Instructor Earnings 152.25 TCSD Instructor Earnings 77.00 TCSD Instructor Earnings 42.00 1,426.25 Aug Lake/Pond water mgmt svcs 14.00 MARINE BIOCHEMISTS 4,855.00 004307 08/31/2006 109965 TCSD Instructor Earnings 4,855.00 MATROS, ANDREA 273.00 002693 08/31/2006 109966 Julldscp maint svcs:Citywide Parks 273.00 MIDORI GARDENS 49,931.61 007210 08/31/2006 109967 TCSD Instructor Earnings 49,931.61 MILES, KATRINA 245.00 007669 08/31/2006 109968 7 245.00 Page: 08/31/2006 Check List CITY OF TEMECULA 8 3:24:45PM Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Check Total Amount Paid Description Vendor Date Check # City vehicle detailing svcs:PW Depts MILLMORE'S WAX CREW 008091 08/31/2006 109969 125.00 City vehicle detailing svcs:PW Depts 100.00 City vehicles detailing svcs:B&S 290.00 65.00 Sep EOC Stn Satellite Phone Svcs 71.94 MOBILE SATELLITE VENTURES LP 004534 08/31/2006 109970 71.94 Mid-Managers Retreat 9/7/06 488.04 MULLlGANS FAMILY FUN CENTER 004522 08/31/2006 109971 488.04 parts/supplies:Fire Stn 12 NAPA AUTO PARTS 002925 08/31/2006 109972 44.60 59.54 City vehicle maint:Paramedics 14.94 Jul '06 legal services 24,101.75 NIXON PEABODY LLP 010273 08/31/2006 109973 24,101.75 Aug kitchen/coffee supplies:City Hall OASIS VENDING 002292 08/31/2006 109974 349.07 494.52 Aug kitchen/coffee supplies:Maint Fac 145.45 ee computer purchase prgm 2,000.00 OBMANN,REBECCA 010334 08/31/2006 office supplies:Finance 109975 2,000.00 161.07 OFFICEMAX - A BOISE COMPANY 006721 08/31/2006 109976 161.07 City Vehicle Repair/Maint Svcs OLD TOWN TIRE & SERVICE 002105 08/31/2006 109977 695.28 City Vehicle Repair/Maint Svcs 81.81 City Vehicle Repair/Maint Svcs 854.46 77.37 Jul profsvcs:Civic Center Plaza OVERLAND PACIFIC & CUTLER INC 002297 08/31/2006 109978 1,288.75 1,913.75 Jul profsvcs:Civic Center Plaza 625.00 Harvest Festival supplies 557.59 PANE CONSULTING SERVICE (PCS) 003955 08/31/2006 109979 557.59 Jun tribal monitor svcs:Tem.Educ.Ctr PECHANGA BAND OF LUISENO 003663 08/31/2006 109980 11,567.50 21,507.50 May tribal monitor svcs:Tem.Educ.Ctr 9,940.00 Petty Cash Reimbursement 612.68 PETTY CASH 000249 08/31/2006 109981 612.68 film to DVD svcs: T. Museum 107.75 PHOTO WORKS OF TEMECULA 000580 08/31/2006 109982 107.75 promotional pins:Econ Dev 1,140.00 PIN CENTER, THE 003200 08/31/2006 109983 1,140.00 9/16-12/15 postage mtr rental:Stn 84 91.31 PITNEY BOWES 001999 08/31/2006 109984 91.31 add'l postage for Theater brochures 630.00 POSTMASTER-TEMECULA 002185 08/31/2006 109985 630.00 8 Page: 08/31/2006 Check List CITY OF TEMECULA 9 3:24:45PM Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Check Total Amount Paid Description Vendor Date Check # ServStation CD/DVD Server:Library 10,140.36 PRIMEARRAY SYSTEMS INC 010115 08/31/2006 repair PW Maint backhoe 109986 10,140.36 79.59 R D 0 EQUIPMENT COMPANY 002012 08/31/2006 109987 79.59 Various Water Meters RANCHO CALIF WATER DISTRICT 000262 08/31/2006 109988 3,867.02 3,935.23 Aug 01-08-38009-0 Fire Stn 92 68.21 performance:Hot Smr Nights 8/11/06 500.00 RAU, ANDY J. 005972 08/31/2006 109989 500.00 Jul on-call traffic signal maint svcs 564.23 REPUBLIC ELECTRIC 004498 08/31/2006 109990 564.23 Aug assessor maps:Bldg & Safety 24.00 RIVERSIDE CO ASSESSOR 000352 08/31/2006 109991 24.00 Res Imprv Prgm: Legg 11.00 RIVERSIDE CO CLERK & RECORDER 000418 08/31/2006 109992 11.00 5/25-6/30/06:lawenforcement RIVERSIDE CO SHERIFFS DEPT 000406 08/31/2006 109993 1,658,664.59 2,927,235.81 4/27-5f24/06:lawenforcement 1,268,571.22 4/1/06-6/30/06 WC Frwy Strategic Stdy RIVERSIDE CO TRANSPORTATION 9,233.08 004907 08/31/2006 109994 Handicap Ramp/Sidewalk:Rdhwk Pk 9,233.08 RIZZO CONSTRUCTION INC 003587 08/31/2006 109995 8,600.00 replace wood decking:C. Museum 11,000.00 Traf Cntrl Cert Sem S.Dominick 9/26-27 2,400.00 ROAD WORKS, INC. 100.00 005026 08/31/2006 109996 parts for PW Maint stencil truck 100.00 ROADLlNE PRODUCTS INC 121.32 001097 08/31/2006 109997 "People Skills" 9/13 R.Hruska 121.32 ROCKHURST UNIV CONTINUING EDUC 129.00 005119 08/31/2006 109998 refund:Yoga in the Park 129.00 ROSINGANA, CAROL 60.00 010343 08/31/2006 109999 reimb:'06 Accela Conf8/21-22 60.00 ROSSINI, SUSAN 524.50 010336 08/31/2006 110000 rel.retention:Citywide concrete repairs 524.50 S PARKER ENGINEERING INC 9,741.15 009871 08/31/2006 110001 theatricallightinglsupplies:Theater 9,741.15 SACRAMENTO THEATRICAL LIGHTING 55.55 009196 08/31/2006 110002 9 55.55 Page: 08/31/2006 Check List 10 Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Description Vendor Date Check # auditions 6/10- Tem.Live! 8/26 Thtr SANBORN, GWYN 009980 8/11-17/06 security svcs:Fire Stn 95 SECURITAS SECURITY SRVCS USA 010089 8/4-10/06 security svcs:Fire Stn 95 performance:Smr Nights 8/4 & 8/25 SHAFFER, FRED 006554 Jul doc.shredding svcs:Rcrds Mgmt SHREDFORCE INC 004609 Jul doc.shredding svcs:CRC TCSD Instructor Earnings SKYHAWKS SPORTS ACADEMY INC 003804 Aug 2-00-397-5042 City Hall SO CALIF EDISON 000537 Aug 2-02-351-4946 MPSC Aug 2-00-397-5067 various mtrs Aug 2-18-937-3152 T.Museum Aug 2-27-615-1750 Fire Stn 73 Aug 2-23-365-5992 Fire Stn 92 Aug 2-11-007-0455 6th St Aug 2-20-817-9929 Police O.T.Stn Aug 2-21-911-7892 O.T. Prk Lot CITY OF TEMECULA 3:24:45PM Check Total Amount Paid 1,020.23 08/31/2006 110003 1,020.23 08/31/2006 110004 1,337.96 2,675.92 1,337.96 800.00 08/31/2006 110005 800.00 08/31/2006 110006 110.00 132.50 22.50 1,463.70 08/31/2006 110007 1,463.70 08/31/2006 110008 10,657.17 2,399.94 1,761.19 1,600.34 1,179.55 722.50 383.65 380.36 134.70 Aug 2-19-171-8568 Wedding Chpl 74.20 Aug 2-21-981-4720 Hwy 79 72.03 Aug 2-14-204-1615 Front St Rdio 48.49 Aug 2-27-371-8494 off-site rcrds mgmt 19,435.76 21.64 various City facilities gas meters SO CALIF GAS COMPANY 001212 08/31/2006 110009 1,079.60 Aug 095-167-7907-2 Fire Stn 84 126.23 Aug 101-525-1560-6 Fire Stn 73 1,276.40 70.57 adult softball league rulebooks Fall '06 960.00 SO CALIF MUNICIPAL ATHLETIC 000282 08/31/2006 110010 960.00 refund:Eng Deposit/41875 C Street 995.00 ST CATHERINES CATHOLIC CHURCH 003995 08/31/2006 110011 995.00 reimb:SMART Prgm Supplies 58.45 STOOKINS, JAMES 010337 08/31/2006 110012 58.45 TCSD Instructor Earnings STRADLEY, MARY KATHLEEN 000465 08/31/2006 110013 1,039.50 TCSD Instructor Earnings 598.50 TCSD Instructor Earnings 1,795.50 157.50 "My Dog Skip"rental:Movies/Park SWANK MOTIONS PICTURES, INC. 007698 08/31/2006 110014 221.00 442.00 "Apollo 13"rental:MovieslPark 221.00 10 Page: 08/31/2006 Check List CITY OF TEMECULA 11 3:24:45PM Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Check Total Amount Paid Description Vendor Date Check # Jul profsvcs:Roripaugh Ranch Bridge FY 06/07 1 st qtr oper.lmrktng agrmnt 325.00 08/31/2006 110015 325.00 08/31/2006 110016 148.74 102.05 29.75 28.98 337.36 27.84 730.23 08/31/2006 110017 730.23 08/31/2006 110018 516.55 406.59 239.21 1,264.17 101.82 37,000.00 08/31/2006 110019 37,000.00 T Y UN INTERNATIONAL 003599 recreation supplies:C.Museum TARGET BANK BUS CARD SRVCS 000305 Theater misc supplies Summer Day Camp Supplies Summer Day Camp Supplies recreation supplies:C. Museum repair PW Maint patch truck TEMECULA DIESEL AUTO & TRUCK 008292 TCSD Commissioner Nameplates TEMECULA TROPHY COMPANY 000307 staff recogn awards:Aquatics Smart Program Awards 3 recogn awards: Aquatics TEMECULA VALLEY CHAMBER OF 000515 FY 05/06 field renovations agrmnt pmt TEMECULA VALLEY UNIFIED SCHOOL 000919 08/31/2006 6/16-6/30 City vehicles fuel usage 110020 20,075.00 20,553.21 478.21 Aug City phones general usage 1,041.25 TIME WARNER TELECOM 004145 08/31/2006 110021 1,041.25 Jun prgs pmt #27:Comm.Theater TOVEY SHULTZ CONSTRUCTION INC 007433 08/31/2006 110022 48,236.02 50,774.76 no reUo be wlh pmt #27:Theater 2,538.74 Beauty and the BeastlThtr stlmnt 8,801.61 TRIPLE THREAT ACADEMY 010347 08/31/2006 110023 8,801.61 inspectionltesting:PW boom truck 396.25 TRUCK HYDRAULIC EQUIPMENT 004132 08/31/2006 110024 396.25 TCSD Instructor Earnings TUMBLE JUNGLE FITNESS GYM INC 000459 08/31/2006 110025 514.50 TCSD Instructor Earnings 514.50 TCSD Instructor Earnings 224.00 TCSD Instructor Earnings 224.00 TCSD Instructor Earnings 205.80 TCSD Instructor Earnings 102.90 TCSD Instructor Earnings 102.90 TCSD Instructor Earnings 1,991.50 102.90 TCSD Instructor Earnings TUMBLES, J-W. 004895 08/31/2006 110026 735.00 TCSD Instructor Earnings 420.00 TCSD Instructor Earnings 1,365.00 210.00 11 Page: 08/3112006 Check List CITY OF TEMECULA 12 3:24:45PM Page: apChkLst Final Bank: union UNION BANK OF CALIFORNIA (Continued) Check Total Amount Paid Description Vendor Date Check # Segway Cross T errainlPolice pkg VAB LLC SEGWAY OF THE DESERT 009876 08/3112006 Segway Police Package 110027 12,321.70 18,511.80 6,190.10 Jul profsvcs:Citywide Fiber Optic VAll COOPER & ASSOCIATES INC 004368 08/3112006 110028 27,731.50 35,651.50 Jul inspect svcs:Roripaugh Ranch Bridge 7,920.00 Aug )()()(-2016 Reverse 911 VERIZON 004261 08/3112006 110029 108.66 Aug )()()(-3526 fire alarm 85.29 Aug )()()(-7786 CWashington 29.37 Aug )()()(-5275 PD DSL 29.34 Aug )()()(-2676 general usage 28.42 Aug )()()(-5696 Sprts Cmplx 309.50 28.42 Internet svcs xx9549 Police Storefront 39.95 VERIZON ONLINE 004789 08/3112006 110030 39.95 Polynesian performance MPSC 8117 150.00 VYLANI'S POLYNESIAN DANCERS 009031 08/3112006 110031 150.00 refund:Hawaiian Tahitian Beginning 30.00 WARREN, TAMMY 009022 08/3112006 110032 30.00 Jul prgs pmt#10:Field Oper.Ctr WESTERN RIM CONTRACTORS INC 009378 08/3112006 110033 ret.w/h pmt#10:Field Oper.Ctr refund:Yoga in the Park WHITTALL, KATHLEEN 010346 08/31/2006 Jul prgs pmt #15:WVly Crk Chnl YEAGER SKANSKA INC 001544 08/31/2006 ret.w/h pmt#3:Tem.Educ.Ctr Jul prgs pmt#3:Tem.Educ.Ctr 12 26,473.87 23,826.48 -2,647.39 60.00 110034 60.00 110035 203,279.96 137,258.50 340,913.46 375.00 Grand total for UNION BANK OF CALIFORNIA: 5,730,684.66 Page: Check List 13 Page: CITY OF TEMECULA 3:24:45PM ITEM NO.4 Approvals City Attorney Director of Finance City Manager fA"~ /J~ ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 12, 2006 SUBJECT: City Treasurer's Report as of July 31, 2006 PREPARED BY: Karin A. Grance, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: July 31,2006. That the City Council receive and file the City Treasurer's Report as of BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LA IF) reports, Union Bank of California trust and custody statements, and from USBank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of July 31, 2006. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of July 31, 2006 Reporting period 07/01/2006-07/3112006 RunDate:OO!22!2006-15:59 City of Temecula, California Portfolio Management Portfolio Summary July 31, 2006 City ctTemecula 43200 6usirtess Park [);rve PO 60x9033 Temecula, CA, 92590 (951)694-6430 Portfolio TEME CP PM (PRF_PM1)SyrnRer<5.4U02a ReportVer.5.00 City of Temecula, California Portfolio Management Page 2 Portfolio Details - Investments July 31, 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 71,113.61 71,113.61 71,113.61 4.670 4.606 4.670 SYSCFD 03-04-2 AD 03-04-2 First American Treasury 16,074.30 16,074.30 16,074.30 4.670 4.606 4.670 SYSCFD 03-04-3 AD 03-04-3 First American Treasury 102,529.57 102,529.57 102,529.57 4.670 4.606 4.670 SYSCFD 03-04-5 AD 03-04-5 First American Treasury 09/01/2005 1,792.18 1,792.18 1,792.18 4.670 4.606 4.670 SYSCFD 01-2-1 CFD 01-2-1 First American Treasury 595,747.76 595,747.76 595,747.76 4.670 4.606 4.670 SYSCFD 01-2-2 CFD 01-2-2 First American Treasury 308,540.43 308,540.43 308,540.43 4.670 4.606 4.670 SYSCFD 01-2-3 CFD 01-2-3 First American Treasury 7,963.27 7,963.27 7,963.27 4.670 4.606 4.670 SYSCFD 01-2-4 CFD 01-2-4 First American Treasury 138,156.75 138,156.75 138,156.75 4.670 4.606 4.670 SYSCFD 01-2-5 CFD 01-2-5 First American Treasury 2,933,215.20 2,933,215.20 2,933,215.20 4.670 4.606 4.670 SYSCFD 01-2-9 CFD 01-2-9 First American Treasury 03/29/2006 612,519.38 612,519.38 612,519.38 4.670 4.606 4.670 SYSCFD 03-02-10 CFD 03-02-10 First American Treasury 04/01/2006 685,234.73 685,234.73 685,234.73 4.670 4.606 4.670 SYSCFD 03-02-11 CFD 03-02-11 First American Treasury 04/01/2006 38,025,455.50 38,025,455.50 38,025,455.50 4.670 4.606 4.670 SYSCFD 03-02-13 CFD 03-02-13 First American Treasury 04/01/2006 74,084.02 74,084.02 74,084.02 4.670 4.606 4.670 SYSCFD 03-02-3 CFD 03-02-3 First American Treasury 04/01/2006 949,514.15 949,514.15 949,514.15 4.670 4.606 4.670 SYSCFD 03-02-6 CFD 03-02-6 First American Treasury 04/01/2006 3,530,823.09 3,530,823.09 3,530,823.09 4.670 4.606 4.670 SYSCFD 03-02-7 CFD 03-02-7 First American Treasury 04/01/2006 1,070,890.89 1,070,890.89 1,070,890.89 4.670 4.606 4.670 SYSCFD 03-02-9 CFD 03-02-9 First American Treasury 04/01/2006 1,391,646.24 1,391,646.24 1,391,646.24 4.670 4.606 4.670 SYSCFD 03-1-1 CFD 03-03-1 First American Treasury 1,361,174.38 1,361,174.38 1,361,174.38 4.670 4.606 4.670 SYSCFD 03-03-11 CFD 03-03-11 First American Treasury 10,461.06 10,461.06 10,461.06 4.670 4.606 4.670 SYSCFD 03-03-2 CFD 03-03-2 First American Treasury 138.81 138.81 138.81 4.670 4.606 4.670 SYSCFD 03-03-3 CFD 03-03-3 First American Treasury 0.00 0.00 0.00 4.830 4.764 4.830 SYSCFD 03-03-6 CFD 03-03-6 First American Treasury 0.02 0.02 0.02 4.670 4.606 4.670 SYSCFD 03-03-6 CFD 03-03-7 First American Treasury 5,847.05 5,847.05 5,847.05 4.670 4.606 4.670 SYSCFD 03-03-9 CFD 03-03-9 First American Treasury 3,103.57 3,103.57 3,103.57 4.670 4.606 4.670 SYSCFD 03-06-0 CFD 03-06-0 First American Treasury 01/01/2006 186,475.22 186,475.22 186,475.22 4.670 4.606 4.670 SYSCFD 03-06-1 CFD 03-06-1 First American Treasury 0.00 0.00 0.00 4.380 4.320 4.380 SYSCFD 03-06-2 CFD 03-06-2 First American Treasury 354,913.31 354,913.31 354,913.31 4.670 4.606 4.670 SYSCFD 03-06-3 CFD 03-06-3 First American Treasury 2,708.40 2,708.40 2,708.40 4.670 4.606 4.670 SYSCFD 03-06-8 CFD 03-06-8 First American Treasury 05/01/2006 3,182.49 3,182.49 3,182.49 4.670 4.606 4.670 SYSCFD 03-1-1 CFD 03-1-1 First American Treasury 681,375.60 681,375.60 681,375.60 4.670 4.606 4.670 SYSCFD 03-1-10 CFD 03-1-10 First American Treasury 969.33 969.33 969.33 4.670 4.606 4.670 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 230,083.57 230,083.57 230,083.57 4.670 4.606 4.670 SYSCFD 03-1-2 CFD 03-1-2 First American Treasury 84.16 84.16 84.16 4.670 4.606 4.670 SYSCFD 03-1-21 CFD 03-1-21 First American Treasury 08/31/2005 13,953.70 13,953.70 13,953.70 4.670 4.606 4.670 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 4.34 4.34 4.34 4.670 4.606 4.670 SYSCFD 03-1-6 CFD 03-1-6 First American Treasury 947.17 947.17 947.17 4.670 4.606 4.670 Portfolio TEME CP Run Dale 08/22/2006-1559 PM (PRF _PM2) SymRepl 6.41.202a ReportVer.5.00 City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments July 31, 2006 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts SYSCFD 03-1-8 CFD 03-1-8 First American Treasury 532,212.13 532,212.13 532,212.13 4.670 4.606 4.670 SYSCFD 88-12-1 CFD 88-12-1 First American Treasury 333.54 333.54 333.54 4.670 4.606 4.670 SYSCFD 88-12-3 CFD 88-12-3 First American Treasury 15,024.96 15,024.96 15,024.96 4.670 4.606 4.670 SYSCFD 88-12-5 CFD 88-12-5 First American Treasury 2.19 2.19 2.19 4.670 4.606 4.670 SYSRDA TABS-1 RDA TABs-1 First American Treasury 1,098,952.43 1,098,952.43 1,098,952.43 4.670 4.606 4.670 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 187.23 187.23 187.23 4.670 4.606 4.670 SYSTCSD COPS-2 TCSD COPs-2 First American Treasury 0.00 0.00 0.00 4.090 4.034 4.090 SYSRDA TABS-2 RDA TABs-2 MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 --- Subtotal and Average 53,991,621.12 55,017,436.73 55,017,436.73 55,017,436.73 4.606 4.670 Letter of Credit 09652213 02006 Citibank, N.A. 04/07/2006 1.00 1.00 1.00 0.000 0.000 CA 2006-012 02005 Ohio Savings Bank 04/05/2006 1.00 1.00 1.00 0.000 0.000 --- Subtotal and Average 2.00 2.00 2.00 2.00 0.000 0.000 Local Agency Investment Funds SYSCFD 03-03-10 CFD 03-03-10 CA Local Agency Investment Fun 3,871,436.51 3,871,436.51 3,871,436.51 4.849 4.783 4.849 SYSCFD 03-03-12 CFD 03-03-12 CA Local Agency Investment Fun 10,577,431.57 10,577,431.57 10,577,431.57 4.849 4.783 4.849 SYSCFD 03-03-4 CFD 03-03-4 CA Local Agency Investment Fun 0.00 0.00 0.00 4.700 4.636 4.700 SYSCFD 03-03-8 CFD 03-03-8 CA Local Agency Investment Fun 4,079,857.37 4,079,857.37 4,079,857.37 4.849 4.783 4.849 SYSCFD 03-06-4 CFD 03-06-4 CA Local Agency Investment Fun 02/08/2006 1,778,885.84 1,778,885.84 1,778,885.84 4.849 4.783 4.849 SYSCFD 03-1-11 CFD 03-1-11 CA Local Agency Investment Fun 1,358,205.08 1,358,205.08 1,358,205.08 4.849 4.783 4.849 SYSCFD 03-1-22 CFD 03-1-22 CA Local Agency Investment Fun 02/08/2006 3,433,697.82 3,433,697.82 3,433,697.82 4.849 4.783 4.849 SYSCFD 03-1-7 CFD 03-1-7 CA Local Agency Investment Fun 639,282.58 639,282.58 639,282.58 4.849 4.783 4.849 SYSCFD 03-1-9 CFD 03-1-9 CA Local Agency Investment Fun 6,305.01 6,305.01 6,305.01 4.849 4.783 4.849 SYSCITY CITY CA Local Agency Investment Fun 34,262,416.57 34,200,258.41 34,262,416.57 4.849 4.783 4.849 SYSRDA RDA CA Local Agency Investment Fun 2,058,263.48 2,054,529.42 2,058,263.48 4.849 4.783 4.849 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 13,088,963.94 13,065,218.22 13,088,963.94 4.849 4.783 4.849 SYSTCSD COPS-3 TCSD COPs-3 CA Local Agency Investment Fun 0.00 0.00 0.00 3.324 3.278 3.324 --- Subtotal and Average 77,118,749.41 75,154,745.77 75,065,107.83 75,154,745.77 4.783 4.849 Federal Agency Callable Securities 31339YXP2 01005 Federal Home Loan Bank 08/14/2003 2,000,000.00 1,997,500.00 2,000,000.00 2.500 2.466 2.500 13 08114/2006 3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 2,957,554.50 3,050,000.00 3.100 3.058 3.101 525 01/08/2008 3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,870,505.45 2,965,000.00 3.000 2.960 3.001 52. 01/07/2008 3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,906,250.00 3,000,000.00 3.000 2.960 3.001 51. 12/28/2007 Portfolio TEME CP Run Dale 08/22/2006-1559 PM (PRF _PM2) SymRepl 6.41.202a City of Temecula, California Portfolio Management Page 4 Portfolio Details - Investments July 31, 2006 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 968,750.00 1,000,000.00 3.000 2.960 3.001 514 12/2812007 3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 970,000.00 1,000,000.00 3.150 3.108 3.151 531 01/1412008 3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,937,500.00 2,000,000.00 3.070 3.029 3.071 532 01/1512008 3133X5K49 01020 Federal Home Loan Bank 04/16/2004 1,000,000.00 969,380.00 1,000,000.00 3.125 3.083 3.126 533 01/1612008 3133XSQF8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,935,000.00 2,000,000.00 3.000 2.960 3.001 539 01/22/2008 3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,948,760.00 2,000,000.00 3.520 3.473 3.521 547 01/30/2008 3133XAY84 01026 Federal Home Loan Bank 03/23/2005 1,000,000.00 990,000.00 999,750.00 3.850 3.810 3.863 234 03123/2007 3133XAZ91 01027 Federal Home Loan Bank 03/28/2005 1,000,000.00 993,130.00 999,750.00 3.785 3.750 3.802 149 12/28/2006 3133XBY66 01029 Federal Home Loan Bank 06/15/2005 2,000,000.00 1,988,760.00 2,000,000.00 4.000 3.781 3.833 136 12/15/2006 3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,964,390.00 2,997,360.00 4.250 4.238 4.296 372 08108/2007 3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 949,804.80 960,000.00 4.380 4.320 4.380 409 09/14/2007 3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,961,570.00 2,998,125.00 4.375 4.347 4.407 507 12/21/2007 3133XD302 01035 Federal Home Loan Bank 09/28/2005 620,000.00 613,217.20 620,000.00 4.400 4.340 4.400 423 09/28/2007 3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,972,500.00 2,000,000.00 4.500 4.438 4.500 605 03128/2008 3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 985,310.00 1,000,000.00 4.230 4.174 4.232 514 12/28/2007 3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 988,750.00 1,000,000.00 4.140 4.086 4.143 332 06129/2007 3133XDA84 01040 Federal Home Loan Bank 09/28/2005 1,000,000.00 994,690.00 1,000,000.00 4.200 4.147 4.204 149 12/28/2006 3133XDAB7 01041 Federal Home Loan Bank 09/29/2005 1,000,000.00 994,380.00 1,000,000.00 4.120 4.068 4.124 150 12/29/2006 3133XDBWO 01043 Federal Home Loan Bank 10/12/2005 1,000,000.00 996,880.00 1,000,000.00 4.050 3.995 4.050 72 10/12/2006 3133XDB03 01044 Federal Home Loan Bank 10/14/2005 1,000,000.00 994,380.00 1,000,000.00 4.250 4.196 4.255 162 01/10/2007 3133XDBX8 01045 Federal Home Loan Bank 10/12/2005 1,000,000.00 994,060.00 1,000,000.00 4.150 4.097 4.154 164 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 4.193 264 04/12/2007 3133XDK03 01047 Federal Home Loan Bank 11/09/2005 1,000,000.00 995,000.00 1,000,000.00 4.500 4.443 4.505 192 02/09/2007 3133XEG94 01053 Federal Home Loan Bank 01/26/2006 1,000,000.00 996,250.00 1,000,000.00 4.750 4.685 4.750 178 01/26/2007 3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 984,160.00 998,000.00 3.750 3.784 3.837 367 08103/2007 3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 984,150.00 1,000,000.00 4.050 3.993 4.048 419 09/24/2007 3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 988,500.00 1,000,000.00 4.375 4.315 4.375 443 10/18/2007 3136F6M63 01028 Federal National Mtg Assn 04/05/2005 1,000,000.00 990,310.00 1,000,000.00 4.000 3.945 4.000 247 04/05/2007 --- Subtotal and Average 48,329,295.48 47,595,000.00 46,772,641.95 47,587,360.00 3.669 3.720 385 Treasury Coupon Securities 912828DT4 02004 U.S. Treasury 03/14/2006 725,000.00 711,635.66 711,635.66 3.750 4.586 4.650 653 05115/2008 --- Subtotal and Average 793,313.45 725,000.00 711,635.66 711,635.66 4.586 4.650 653 Federal Agency Bullet Securities 31331 SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 986,880.00 1,000,000.00 3.820 3.768 3.820 304 06101/2007 31331 S5Y5 01037 Federal Farm Credit Bank 09/16/2005 1,000,000.00 990,000.00 1,000,000.00 4.000 3.947 4.002 258 04/16/2007 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 59 09/29/2006 Portfolio TEME CP Run Dale 08/22/2006-1559 PM (PRF _PM2) SymRepl 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2006 Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 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 59 09/2912006 --- Subtotal and Average 4,000,000.00 4,000,000.00 3,973,760.00 4,000,000.00 4.216 4.274 170 Investment Contracts SYSCFD 03-1-4 CFD 03-1-4 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,892 08/3112033 SYSCFD 03-03-5 CFD 03-03-5 IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 10,257 08/3112034 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 4,049 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 4,049 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 7,706 Total and Average 192,312,865.49 187,558,673.26 186,607,072.93 187,537,668.92 4.422 4.483 313 Run Dale 08/22/2006-1559 Portfolio TEME CP PM (PRF _PM2) SymRepl 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Cash July 31, 2006 Page 6 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSRJ NOBLE RJ NOBLE Bank of Sacramento 0.00 0.00 0.00 1.250 1.233 1.250 SYSBARNHART1 BARNHART 1 California Bank & Trust 655,547.21 655,547.21 655,547.21 3.200 3.156 3.200 SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 08/04/2005 752,147.13 752,147.13 752,147.13 1.250 1.233 1.250 SYSRIV CONST 1 RIV CONST 1 Community National Bank 0.00 0.00 0.00 3.000 2.959 3.000 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2005 2,210.00 2,210.00 2,210.00 0.000 0.000 SYSFlex Ck Acct Flex Ck Acct Union Bank of California 07/01/2005 11,861.11 11,861.11 11,861.11 0.000 0.000 SYSGen Ck Acct Gen CkAcct Union Bank of California 07/01/2005 1,185,650.81 1,185,650.81 1,185,650.81 0.000 0.000 OLD TOWN CK ACC OLD TO\NN CHK Union Bank of California 01/01/2006 40,986.62 40,986.62 40,986.62 0.000 0.000 SYSParking Ck Parking Ck Union Bank of California 07/01/2005 10,174.50 10,174.50 10,174.50 0.000 0.000 Average Balance 0.00 Total Cash and Investmentss 192,312,865.49 190,217,250.64 189,265,650.31 190,196,246.30 4.422 4.483 313 Run Dale 08/22/2006-1559 Portfolio TEME CP PM (PRF _PM2) SymRepl 6.41.202a Cash and Investments Report CITY OF TEMECULA Through July 2006 001 GENERAL FUND 100 STATE GAS TAX FUND 101 STATE TRANSPORTATION FUND 120 DEVELOPMENT IMP ACT FUND 140 COMMUNITY DEV BLOCK GRANT 150 AB 2766 FUND 160 AB 3229 COPS 165 RDA DEV LOW/MOD 20% SET ASIDE 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECT FUND 261 CFD 88-12 ADMIN EXPENSE FUND 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 274 AD 03-4 JOHN WARNER IMPROVEMENT FUND 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 277 CRD - RORIP AUGH 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA 2002 TABS DEBT SERVICE 390 TCSD 2001 COP'S DEBT SERVICE 460 CFD 88-12 DEBT SERVICE FUND 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 471 CFD 98-1 WINCHESTER HILLS DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CRD - RORIPAUGH Grand Total: Fund Total 46,631,471.66 898.24 415,235.81 10,904,683.65 4,787.80 293,228. 89 10.76 10,917,303.82 5,399,262.43 1,459,074.14 160,926.58 119,818.92 150,866.24 31,309.78 350,430.96 0.00 18,753,697.48 87,640.76 2,946,276.77 5,985,572.82 72,135.81 18,548,137.13 1,781,594.24 40,487,992.63 517,032.52 1,279,552.80 591,915.26 473,567.72 182,427.66 1,097.77 3,071,929.35 7,031.59 4,221,892.43 1,732,733.97 0.00 1,953,426.55 211,652.70 3,645,379.37 573,544.53 5,300,108.77 $ 189,265,650.31 ITEM NO.5 Approvals City Attorney Director of Finance City Manager JM.r /J~ ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 12, 2006 SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2006 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the City Council: 1. Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2006. 2. Approve an Increase of $2,004,143 for SB621 Reimbursements in the Capital Improvement Fund. 3. Approve a budget transfer of $7,000 to Human Resources Department from Economic Development Department. BACKGROUND: The attached financial statements reflectthe unaudited activity of the City for the Fiscal Year Ended June 30, 2006. Please see the attached financial statements for an analytical review of financial activity. The budget transfer request for Human Resources Department is due to higher advertising costs for recruitments. The revenue increase is a result of SB621 funds awarded to the City for the Capital Improvement Project 1-15/Ultimate interchange improvements. FISCAL IMPACT: Budget savings in General Fund will offset the operating budget transfers for the City Manager and Human Resources budgets. ATTACHMENTS: Combining Balance Sheet as of June 30, 2006 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2006 Combining Balance Sheet (Internal Revenue Service) as of June 30, 2006 Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) forthe Fiscal Year ended June 30, 2006 CITY OF TEMECULA Combining Balance Sheet as of June 30, 2006 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2006 and the Statement of Revenues, Expenses and Changes In Retained Earnings for the Fiscal Year Ended June 30, 2006 (Unaudited) Prepared by the Finance Department City of Temecula Combining Balance Sheet As of June 30, 2006 General Gas Tax State Trans Dev Impact CDBG Fuud Fund Fund Fund Fuud Assets: Cash and investments $ 46,593,432 $ 294,818 $ 10,518,127 Receivables 6,068,013 $ 160,361 685,336 98,335 $ 4,7 47 Due from other fnnds 165,108 Advances to other fnnds 2,072,558 Deposits 60,340 Total assets $ 54,959,451 160,361 $ 980,154 $ 10,616,462 4,7 47 Liabilities and fnnd balances: Liabilities: Due to other fnnds $ 160,361 $ 4,7 47 Other cment liabilities $ 15,809,1 00 $ 3,200 Deferred revenue 1,079,943 $ 565,018 3,540 T otalliabilities 16,889,043 160,361 565,018 6,740 4,7 47 Fnnd balances: Reserved $ 2,132,898 Designated 34,576,930 $ 415,136 $ 10,609,722 Undesignated 1,360,580 Total fund balauces 38,070,408 415,136 10,609,722 Total liabilities aud fund balauces $ 54,959,451 $ 160,361 $ 980,154 $ 10,616,462 $ 4,7 47 Please note that these balances are unaudited City of Temecula Combining Balance Sheet As of June 30, 2006 AB 2766 AB3229 Measure A CIP Fund Fund Fuud Fund Total Assets: Cash and investments $ 290,358 $ 5,133,154 $ 15,890,889 $ 78,720,778 Receivables 2,800 $ 10 561,089 4,894,018 12,474,709 Due from other fnnds 165,108 Advances to other fnnds 2,072,558 Deposits 60,340 Total assets $ 293,158 10 $ 5,694,243 $ 20,784,907 $ 93,493,493 Liabilities and fnnd balances: Liabilities: Due to other fnnds $ 400,000 $ 565,1 08 Other cment liabilities 4,760,290 20,572,590 Deferred revenue 400,000 2,048,501 T otalliabilities 5,560,290 23,186,199 Fnnd balances: Reserved $ 2,132,898 Designated $ 293,158 $ 10 $ 5,694,243 $ 15,224,617 66,813,816 Undesignated 1,360,580 Total fund balauces 293,158 10 5,694,243 15,224,617 70,307,294 Total liabilities aud fund balauces $ 293,158 10 $ 5,694,243 $ 20,784,907 $ 93,493,493 Please note that these balances are unaudited 2 City of Temecula Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual General Fnnd For the Fiscal Year Ended Juue 30, 2006 Annual Amended YTD Percent Budget Activity of Budget Revenues: Sales tax - State $ 22,600,000 $ 22,962,932 102% Sales tax - Triple Flip 6,188,000 7,466,174 121% (I) Developmental services: Plauning 1,100,000 1,021,601 93% Building & Safety 2,500,000 2,678,308 107% Land Development 3,300,000 3,586,716 109% Police 590,359 547,623 93% Fire 803,400 973,887 121% (2) Grants 9,120 9,120 100% Motor vehicle in lieu - State 513,400 556,367 108% Motor vehicle in lieu - Triple Flip 5,437,555 5,505,903 101% Property tax 5,415,000 5,959,065 110% Property transfer tax 1,000,000 1,163,193 116% Franchise fees 2,500,000 2,558,691 102% Transient occupancy tax 1,900,000 2,085,1 04 110% Reimbursements - Financing 132,500 152,070 115% Reimbursements - Others 701,000 650,423 93% Reimbursements from RDA 225,000 225,000 100% Reimbursements from CIP 1,800,000 1,804,164 100% Investment interest 955,000 1,478,322 155% (3) Business licenses 286,000 344,480 120% Vehicle code fines 1,200,000 1,176,770 98% Rental- Old Town 76,000 63,145 83% 1vIiscellaneous 102,000 140,238 137% Operating transfers in 1,728,800 1,809,415 105% Total Revenues 61,063,134 64,918,711 106% Notes: I) Triple-flip higlier than expected due to a State allocation adjustment of $1.3 million in Jauuary 2006. 2) Fire fees were higher than expected due to increased plan check and building activity. 3) The Federal Open Market Committee has raised 17 straight times. The city utilized conservative factors when estimating earnings for the year during the budget process. 3 City ofTemecula Statement of Revenues, Expenditures and Changes in FlUld Balance - Budget and Actual General FlUld For the Fiscal Year Ended JlUle 30, 2006 Annual nu Amended YTD Activity Percent Budget Activity Encumbr. + Encumbr of Budget Expenditures: City COlUlcil $ 413,486 $ 367,403 $ $ 367,403 89% Community Support 750,063 691,076 50,000 741,076 99% City Manager 1,101,885 1,068,494 5,239 1,073,733 97% Economic Development 864,310 802,286 53,045 855,331 99% City Clerk 938,903 899,768 899,768 96% City Attorney 800,000 604,601 604,601 76% Finance 1,893,800 1,747,034 30,425 1,777,459 94% Human Resources 582,068 588,498 469 588,967 101% (4) Planning 3,605,045 3,127,482 13,179 3,140,661 87% Building & Safety 3,089,851 2,852,030 2,852,030 92% Land Development 2,397,314 1,925,575 286,330 2,211,905 92% Public Works 6,581,940 5,274,443 754,393 6,028,836 92% C1P Admin 2,776,873 2,407,327 2,407,327 87% Disaster Relief 12,250 7,150 7,150 58% Police 16,725,500 16,380,904 139,998 16,520,902 99% Fire 3,828,349 3,434,320 3,434,320 90% Animal Control 160,000 151,582 151,582 95% Non-departmental 11,162,421 10,199,102 10,199,102 91% Total Expenditures (Excluding Transfers) 57,684,058 52,529,075 1,333,078 53,862,153 93% Revenues Over/(Under) Expenditures 3,379,076 12,389,636 Operating Transfers Out 6,020,423 6,020,423 Revenues Over/(Under) Expenditures and Operating Transfers (2,641,347) 6,369,213 Beginning Fund Balance, July 1, 2005 31,701,195 31,701,195 Ending Fund Balance, June 30, 2006 $ 29,059,848 $ 38,070,408 Notes: 4) The Human Resources department had higher than anticipated advertising for recruitments. 4 City of Temecula Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual Gas Tax Fuud For the Fiscal Year Ended Juue 30, 2006 Revenues: Section 2105-21 07 Investment interest Total Revenues Armual Amended YTD Total Percent Budget Activity Activity of Budget $ 1,595,830 $ 1,674,194 $ 1,674,194 105% 1,870 2,457 2,457 131% (I) 1,597,700 1,676,651 1,676,651 105% 1,597,700 1,676,651 1,676,651 105% Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Beginning Fund Balauce, July 1, 2005 Ending Fund Balauce, June 30, 2006 $ Notes: 1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee. 5 City of Temecula Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual State Transportation Fnnd For the Fiscal Year Ended Juue 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget 450,696 408,961 408,961 91% 750 4,778 4,778 637% (I) 451,446 413,739 413,739 Revenues: Traffic congestion relief Investment Interest Total Revenues Expenditures: Operating transfers out Revenues Over/(Under) Expenditures 451,446 413,739 Beginning Fund Balauce, July 1, 2005 1,397 1,397 Ending Fund Balauce, June 30, 2006 $ 452,843 $ 415,136 Notes: 1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee. 6 City of Temecula Statement of Revenues, Expenditures and Changes in FlIDd Balance - Budget and Actual Development Impact FlIDd For the Fiscal Year Ended Juue 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Open Space $ 585,710 $ 197,857 $ 197,857 34% (I) Investment interest 318,055 318,055 Quimby 1,092,000 469,960 469,960 43% (I) Street improvements 2,584,362 3,867,897 3,867,897 150% (2) Traffic signals 374,673 548,431 548,431 146% (2) Parks 1,542,833 509,753 509,753 33% (I) Corporate facilities 485,482 427,635 427,635 88% (I) Fire protection 301,744 209,331 209,331 69% (I) Library 603,924 282,358 282,358 47% (I) Road/Median Improve In Lieu 69,800 69,800 Public Art 41,250 118,819 118,819 288% (2) Police 336,119 176,173 176,173 52% (I) Total Revenues 7,948,097 7,196,069 7,196,069 91% (I) Expenditures: Operating transfers out 21,244,549 10,000,370 10,000,370 47% (3) Revenues Over/(Under) Expenditures (13,296,452) (2,804,301 ) Beginning Fund Balauce, July 1, 2005 13,414,023 13,414,023 Ending Fund Balauce, June 30, 2006 $ 117 ,571 $ 10,609,722 Notes: 1) The variance in revenues is due to timing of developers pulling permits for residential homes and commercial. 2) The variance is due to several developers pulling building permits for new homes during this quarter. 3) The variance is due to Capital Improvement Projects flIDded with DIF that have started but not yet completed during this quarter. 7 City of Temecula Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual Commnnity Development Block Grant For the Fiscal Year Ended Juue 30, 2006 Revenues: Investment Interest Grant revenue Total Revenues Annual Amended YTD Total Percent Budget Activity Activity of Budget $ 962,273 72,273 72,273 8% (I) 962,273 72,273 72,273 8% 72,273 72,273 72,273 100% 890,000 (I) 962,273 72,273 72,273 8% Expenditures: Other outside services Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balauce, July 1, 2005 Ending Fund Balauce, June 30, 2006 $ Notes: 1) The CIP project funding with this fund for the T emecula Commnnity Center Expansion, have not yet started. Revenues are based on reimbursements related to the projects. 8 City of Temecula Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual AB 2766 Fund For the Fiscal Year Ended June 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: AB 2766 $ 93,000 $ 97,113 $ 97,113 104% Investment interest 8,014 8,014 Total Revenues 93,000 105,127 105,127 113% Expenditures: Operating transfers out 329,175 48,175 48,175 15% (I) Revenues Over/(Under) Expenditures (236,175) 56,952 Beginning Fund Balance, July 1, 2005 236,206 236,206 Ending Fund Balance, June 30, 2006 $ 31 $ 293,158 Notes: 1) The Temecula Park and Ride, Rancho Vista Sidewalk elP projects, budgeted from this fund have not yet started. 9 City of Temecula Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual AB 3229 eops For the Fiscal Year Ended June 30, 2006 AB 3229 - eops Investment interest Total Revenues Annual Amended YTD Total Percent Budget Activity Activity of Budget $ 131,100 132,764 132,764 101% 10 10 131,100 132,774 132,774 101% 131,100 132,764 132,764 101% 10 Revenues: Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2005 Ending Fund Balance, June 30, 2006 10 Note: I) The variance is due to COPS revenues received in December of this fiscal year. 10 City of Temecula Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual Measure" A" For the Fiscal Year Ended June 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Measure "A" $ 3,200,000 $ 3,798,437 $ 3,798,437 119% (I) Measure" A" New Bond Proceeds 1,100,000 (2) Operating Transfer In 1,750,000 Investment interest 143,812 143,812 Total Revenues 6,050,000 3,942,249 3,942,249 65% Expenditures: Debt service - principal 471 ,135 471,135 471 ,135 100% Debt service - interest 95,465 94,421 94,421 99% Operating transfers out 9,968,530 2,175,950 2,175,950 22% (3) Total Expenditures 10,535,130 2,7 41,506 2,741,506 26% Revenues Over/(Under) Expenditures (4,485,130) 1,200,7 43 Beginning Fund Balance, July 1, 2005 4,493,500 4,493,500 Ending Fund Balance, June 30, 2006 $ 8,370 $ 5,694,243 Notes: I) Revenue recognized represents recording of principal and interest payments on the City's loan from RCTC that is automatically deducted from remittances. 2) The New Measure "A" Bond Proceeds for French Valley were reprogrammed to 2006-07 projects. 3) The elP projects Pavement Rehab, Pauba Road Improvement, French Valley Southbound and Rancho ealifomia Old Town Front budgeted with this fund have not yet completed during this quarter. 11 City ofTemecula Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual Capital Improvement Projects Flllld For the Fiscal Year Ended Jlllle 30, 2006 Annua Percent Amended YTD Total of Budget Activity Encum bI. Activity Budget Revenues: Operating transfers in $ 50,431,640 $ 24,095,774 $ 24,095,774 48% Grants 14,389,910 5,123,498 5,123,498 36% Reimbursements 9,274,403 2,082,989 2,082,989 22% Reimbursements- TUMF 11,180,760 0% Reimbursements- AD 5,597,912 3,805,416 3,805,416 68% Reimbursements- CFD'S 20,825,000 0% Reimbursements-TASIN 305,200 2,309,343 2,309,343 757% Investment interest 126,486 126,486 Total Revenues 112,004,825 37,543,506 37,543,506 34% (1) Expenditures: Murrieta Creek Bridge/Overland Ext 165-602 274,057 134,549 $ 126,406 260,955 95% Pauba Rd Improvements II 165-606 2,348,819 1,198,190 564,743 1,762,933 75% Intersection Monitoring System 165-607 149,167 141,287 141,287 95% Winchester Rd Widening 165-608 618,700 514,697 514,697 83% Rancho Ca Rd Wide/Ynez Rd 165-611 66,827 0 0% Guardrail Installation/Rainbow Canyon 165-619 363,493 288,770 288,770 79% Jefferson Pavement Rehabilitation 165-621 235,936 172,560 172,560 73% Rancho Ca Wide Old To\Vll Front 165-624 1,066,534 25,921 14,795 40,716 4% 79 South Medians 165-625 5,520,176 1,102,760 4,204,566 5,307,326 96% Western Bypass Corridor-Phase I 165-628 899,772 45,228 281,453 326,681 36% Bus Bench Upgrades 165-629 261,971 233,881 22,178 256,059 98% Pala Road bridge 165-631 27,548 7,624 19,649 27,273 99% Diaz Realignment Vincent Moraga 165-632 1,904,778 182,013 654 182,667 10% Traffic Signals-79S@Winchester/Redhk 165-653 150,000 127,416 6,912 134,328 90% Traffic Signals-79S@ColllltryGlenWay 165-654 199,140 146,930 146,930 74% Pavement Rehabilitation 165-655 3,814,412 840,069 2,842,954 3,683,023 97% Pavement Rehabilitation-STPL Project 165-657 216,000 0 0% Traffic Signals-RedhawklOverland Trail 165-658 211,605 9,931 189,982 199,913 94% Traffic Signals-Jefferson@Sanborn 165-659 193,046 9,852 171,502 181,354 94% Western Bypass BridgelMurrieta Crk 165-660 425,000 3,660 377,951 381,611 90% Liefer Road Assessment District Imp. 165-661 200,000 0 0% I15179S Interchange- Ultimate 165-662 440,125 271,431 150,637 422,068 96% Rancho Vista Rd Sidewalk 165-663 259,000 28,349 208,067 236,416 91% Temecula Park & RidelTransit Center 165-664 207,000 0 0% Temecula Police Storefront 165-665 349,476 288,530 44,461 332,991 95% Pechanga Parkway Improvements 165-668 11,865,001 2,008,606 443,395 2,452,001 21% 12 City ofTemecula Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual Capital Improvement Projects Flllld For the Fiscal Year Ended Jlllle 30, 2006 Annua Percent Amended YTD Total of Budget Activity Encum bI. Activity Budget Flashing Beacons 165-670 20,000 0 0% Temecula City Entry Monumentation 165-671 150,000 0 0% Diaz Road Extension at Cherry St 165-684 134,502 12,874 460 13,334 10% Rancho Ca Bridge/Murrieta Creek 165-710 372,459 202,423 202,423 54% Traffic Signal Equipment Installation 165-712 345,000 0 0% Localized Storm Drain Improvements 165-715 119,504 101 101 0% French Valley Parkway S.B. Offramp 165-719 6,094,918 35,389 114,152 149,541 2% Bridge Barrier Rail Replacement 165-722 566,717 324,516 215,869 540,385 95% Butterfield Stage Rd Extension 165-723 20,825,000 0 0% French Valley Parkway 115 Off ramp 165-726 10,410,802 913,622 211,980 1,125,602 11% Fire Station Wolf Creek 165-733 4,025,980 111,469 349,586 461,055 11% 79S SidewalklLandscape 165-734 124,240 0 0% Murrieta Creek Improvements 165-735 150,000 0 0% Pedestrian Bicycle Bridge - CHS 165-738 90,520 27,840 4,480 32,320 36% Fire Station Roripaugh Ranch 165-741 3,833,380 2,866,772 538,063 3,404,835 89% Maintenance Facility Expansion 165-742 6,882,086 1,131,583 220,763 1,352,346 20% Main St Bridge/Murrieta Creek 165-743 277,596 17,520 104,349 121,869 44% Long Canyon Detention Basin 165-746 213,786 0 0% Temecula Park & Ride 165-747 131,000 0 0% Santiago Rd. Improvements 165-749 268,000 0 0% Old To\Vll Properties Master Plan 165-751 237,225 119,211 66,043 185,254 78% Rancho Ca. Wide 1-15 E. Ynez 165-752 400,000 56,490 302,870 359,360 90% Murrieta Creek Multi-Purpose Trail 190-142 1,904,865 70,705 402 71,107 4% Red hawk Park Improvements 190-144 570,000 19,038 12,175 31,213 5% Children's Museum 190-165 6,620 6,620 6,620 100% Community Theater 190-167 3,403,949 3,391,225 589 3,391,814 100% Patricia H Birdsall Sports Park 190-173 12,792,728 10,720,714 1,567,960 12,288,674 96% Pablo Apis Park Add Amenities 190-182 14,116 349 349 2% Multi-Trails System Cityvvide 190-185 1,015,932 104,801 2,341 107,142 11% Ronald Reagan S ports Channel Silt 190-187 500,000 9,721 9,721 2% Vail Ranch Middle School Basketball 190-188 102,913 84,101 3,010 87,111 85% Veteran's Memorial Pavers- Phase 2 190-189 52,000 18,478 18,478 36% Dog Parks Areas Various City Parks 190-190 150,000 4,954 4,755 9,709 6% Kent Hindergardt Memorial Park 190-191 89,575 81,574 81,574 91% Loma Linda Play Structure Surface 190-192 150,000 124,967 124,967 83% Rancho Ca Sports Park N/S Fields 190-194 31,053 31,053 31,053 100% Roripaugh Rancho Open Space Trails 190-195 172,125 14,370 11,496 25,866 15% Temecula Community Center Expansion 190-197 890,000 20,088 132,921 153,009 17% TES- Svvimming Poll Renovation 190-198 6,065 184 184 3% Library 199-129 16,077,580 8,335,844 5,909,020 14,244,864 89% Old To\Vll District Acquisition 199-130 100,504 44,027 44,027 44% Old To\Vll Land Acquisition 199-131 2,560,500 2,284,900 43,598 2,328,498 91% Operating Transfer out 199-999 1,750,000 0% Total Expenditures 130,280,823 38,721,818 19,735,146 58,456,964 45% (1) Revenues Over/(Under) Expenditures (18,275,998) (1,178,312) Beginning Flllld Balance, July 1, 2005 16,402,929 16,402,929 Ending Flllld Balance, Jlllle 30, 2006 2) $ (1,873,069) $ 15,224,617 Notes: 1) The variances in the Capital Improvement Flllld revenues and expenditures are due to the timing of when the various projects are actually started and costs are incurred 2) The variance is due to 2006-07 acceleration offimding for Pavement Rehab project on Diaz Road approved during this fiscal year. As a result of acceleration on awarding the project earlier than expected, Measure "A" will not be available lllltil next fiscal year. 13 Internal Service Frmds Combining Balance Sheet As of June 30, 2006 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Assets: Cash and investments $ 1,467,653 $ 667,337 $ 1,071 ,91 7 $ 276,320 $ 196,662 $ 3,679,889 Receivables 12,440 6,177 3,933 3,106 2,307 27,963 Prepaid assets 242,106 242,106 Property, plant and equipment (net of 1,237,203 286,625 63,695 1,587,523 accumulated depreciation) Total assets $ 1,722,199 $ 1,910,717 $ 1,362,475 $ 343,121 $ 198,969 $ 5,537,481 Liabilities and fund equity: Liabilities: Current liabilities $ 485,963 191 $ 143,803 $ 33,532 $ 52,745 $ 716,234 eapitalleases payable 81,007 81,007 T otalliabilities 485,963 191 143,803 114,539 52,745 797,241 Fund equity: eontributed capital Retained earnings 1,236,236 1,910,526 1,218,672 228,582 146,224 4,740,240 Total fund equity 1,236,236 1,910,526 1,218,672 228,582 146,224 4,740,240 Total liabilities and fund equity $ 1,722,199 $ 1,910,717 $ 1,362,475 $ 343,121 $ 198,969 $ 5,537,481 Please note that these balances are unaudited. 14 City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Frmds For the Fiscal Year Ended June 30, 2006 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Revenues: Investment interest $ 39,146 $ 17,463 $ 22,747 $ 6,306 $ 3,049 $ 88,711 Charges for services 596,274 310,779 1,906,756 267,210 589,275 3,670,294 1.1iscellaneous 8,598 47 8,645 Total Revenues 644,018 328,242 1,929,550 273,516 592,324 3,767,650 Expenses: Salaries & wages 51,795 1,073,437 140,732 344,727 1,610,691 Operating expenses 585,072 632,712 91,892 247,599 1,557,275 Interest 6,188 6,188 Depreciation 298,960 235,145 34,907 569,012 Total Expenses 636,867 298,960 1,941,294 273,719 592,326 3,743,166 Revenues Over/(Under) Expenditures 7,151 29,282 (11,744) (203) (2) 24,484 Retained Earnings, July 1, 2005 1,229,085 1,881,244 1,230,416 228,785 146,226 4,715,756 Retained Earnings, June 30, 2006 $ 1,236,236 $ 1,910,526 $ 1,218,672 $ 228,582 $ 146,224 $ 4,7 40,240 15 ITEM NO.6 Approvals City Attorney Director of Finance City Manager f)N.( IJI2. ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: September 12, 2006 SUBJECT: Award of Contract to Canon Financial Services, Inc. (CFS) and Temecula Copiers PREPARED BY: Michaela A. Ballreich, Deputy City Clerk RECOMMENDATION: That the City Council: 1. Award a five-year Master contract to Canon Financial Services, Inc. (CFS) for the lease of all Library copiers and approve an annual expenditure of $35,600 for a five-year total of $178,000; 2. Award a five-year Master contract to Temecula Copiers for the maintenance/usage of all Library copiers and approve an annual expenditure of $37,400 for a five-year total of $187,000; 3. Appropriate $40,920 in the Support Services I ntemal Service Fund for the Library lease interest costs, maintenance costs, and depreciation expense through June 30, 2007. BACKGROUND: In 2002, the City entered into a three-year lease agreement with CFS and a three-year maintenance agreement with Temecula Copiers for its copier needs. In light of the excellent Canon product and the outstanding technical support, cost, service, and maintenance provided by CFS and Temecula copiers over this three-year period, the City Council in February of 2005, approved the City to enter into a five-year agreement with CFS and Temecula Copiers. With the upcoming completion of the Library, staff has determined that 16 copiers will be required. Each copier will have a dual function as copier and as printer for the computers that will be provided at the Library. Of the 16 copiers, eight will be for public use and it would anticipated that the per copy charge will offset the lease and maintenance costs. The remaining eight copiers will be utilized for administrative use. Temecula Copiers has maintained the same maintenance cost rate per copy that was provided with the City's original agreement in 2002. FISCAL IMPACT: The annual maintenance cost of $37,400 has been included in the 2006-07 Support Services Operating Budget for the Library. An appropriation of $40,920 is required to fund the lease interest costs of $6,520, maintenance costs of $8,000, and the related depreciation expense of $26,400 for the remaining budget period for fiscal year 2006-07 (October- June). ATTACHMENTS: Agreement Ca1lo1l Canon Financial Services Inc ("CFS") . MUNICIPAL LEASE AGREEMENT REMITTANCE ADDRESS: P.O. Box 4004 AGREEMENT NUMBER: Carol Stream, Illinois 60197-4004 (BOO) 220.0200 CfS-l045 (OMl5) CUSTOMER {FUll lEGAL NAMe DBA PHONE TEM CULA CITY OF ('Qjstomer'l 956-894-6444 BlUNGAODRESS PO BOX 9033 CITY TEMECULA ccUtlTY RIVERSIDE STATE CA "' 92589-9033 EQUIPMENT ADDRESS 30620 PAUBA RD CITY COUtlTY STATE ZIP TEMECULA RIVERSIDE CA 92592 EQUIPMENT INFORMAnON NUMBER AND AMOUNT OF PAYMENTS Quonlilf I Serial Number I MakeJM:xlellOescription No. of Pmts. Total Pavmant. (see Schedule A) 60 2 836.52 T arm in months: 60 . Plus Applicable Taxes Payment Frequency: 181 Monthly Oauarterty OOth", THIS AGREEMENT IS EFFEcnve ONLY UPON SIGNING BY BOTH PARTIES, THIS AGREEMENT IS NON-CANCELABLE BY CUSTOMER EXCEPT AS DESCRIBED IN THE FISCAL FUNDING PROVISION HEREIN. CUSTOMER REPRESENTS THAT ALL AcnON REQUIRED TO AUTHORIZE THE I!XECunON OF THIS AGREEMENT ON BEHALF OF THE CUSTOMER BY THE FOLLOWING SIGNA TORIES HAS BEEN TAKEN. ACCEPTED AUTHORIZED CUSTOMER SIGNATURE CANON FINANCIAL SERVICES, INC, By: By: X PrinIedName: . Tille: Tits: Date: By: X Printed Name: Title: To: Canon Fin.,o,1 _s. lno. I'CFS') ACCEPTANCE CERTIFICATE . The CUstlmercerlifies that (a) the E~pment referred to in the 8xlY8 Ageemenl has been received, (b) installation hasbeen completad. (e) the E~ipment has been examined by CUstomer and is in gJOd operating ader S'ld condition and is, In aU respects, satisfactory to the OJstomer, and (d) tie Equipment is irrevce8:l1y e:cepllld by the OJstorner br all plJrJXlS86 under the Agreement. Accordingly, OJstorner hereby authorizes billng under this Ageement. Sil/latu..: X Printed Nama: r.. (; any): Datu: TERMSANDCONDrrKmS 1. AGREEMENT: CFS leases kl QJsbrrer, a MUNICIPALITY (staB nameorpoitical sulxivision or agency] of CA.lIFORNIA [State name] with its chief executive oflice at 43200 BUSINESS PARK DR. TEMEWLA, CA 92590 ,and OJslomer leases from CFS, with itsptsce of business at 158 Gather Drive, SuiB 200, Mlunt Laurel, New 'Jersey 08054, a1llhe eqJipment d:lscribed alXlVe, klgether with all replacerrent parts and subslitulions br and addtions b aU such elJlipment (the "ElJIipmenfi, upon the terms md concilicins set brlh in this lease Ageement C'Agreementj. The amun! of each Payment is based on the supplien; best estimate of the oost of the ECJlipment Such Payments _I be aqusted upw!l"d or d:lwnWll'd if the oolual total cost of !he EllJipment incluang any salesoruse lax, is more or less flan the estimate and, in thai event Qlslomer authorizes CFS b adjust suc:h Payments by.to fifteen percent(15%). 2. AGREEMENT PAYMENTS: OJslomer agees to pay in advance to CFS, wring the term of this Ageement. (a) the Payments specified under "Number md Amount of Paymentli' above, fI'ld (b) such other arrounts permitted hereunderas invoiced by CFS rPayments') and (0) on Schedlle 1 attcdJed hereto. Such Payments ncomprisedofthe principal and interesllhereon. 3. APPUCATION OF PAYMENTS: AD Payments ra::eived by CFS from OJstomer under ihis ~t will be a!lPied toaroounts else and payable hereunder chronobgical~. based on 1he date of CFS's charge shoYm on the invoice foreach such amount and alOOflg amounts having tile same dale in such ordin' as CFS, in ns crs::retion, may determine. ' 4. TERM OF AGREEMENT: The term of this Ageement sharr commence on the dale the Equipment is deivered to QlsIomer. provided OJstomer executes CFS' Accepfa'lce Certificate or otherwise ao::epts the Equipment as specified in this Ageement The term of this Ageement shall end, unklss sooner terminaed by CFS after an event of defau~ oruncklr the Fiscal Fuming provision. 1IIhen an amunts relJlired b be paid bvCusbmerunderthis hlreernent have been paid asprovided. Except as set brth herein, Customer-has no ri~ b return the EQ,lipmentto CFS. 5. NO CFS WARRANTIES, CUSTOMER ACKNDWL8lGES THAT CFS IS NOT A MANUFACTURER, DEALER, OR SUPPlIER OF THE EQUIPMENT. CUSTOMER AGREES lHAT THE EQUIPMENT IS LEAS8l .AS IS' AND IS OF A SIZE, DESIGN ANO CAPACITY SaECT8l BY CUSTOMER. CFS HAS MADE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUI11\BILlTY OR DURABILITY OF THE EQUIPMENT, THE ABSENCE OF ANY ClAIM OF INFRINGEMENT OR THE LIKE, OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPlI8l, WITH RESPECT TO THE EaUIPr-ENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MEROiANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any warralty: with respect to 118 EcrJipment made by the supplier, dealer. <r manufactw9r is sepll"8te from, and is not a part of, this Ageernent md shall be for !he benefit of CFS. OJslomer, md CFS's purchsseror assignee, If any. So long asOlstomer is not in breach or default of this Ageement, CFS assisns to OJslomer, oolely for 1he purposes of making aid prosecuting any such olaim, the riltlls if any, VIflich CFS may have against the supp&er, ~Ier, or mlllufaclurer for brea::h of warMly or other representslion respecting any item of Ei:tUipment. WSTO~R ACKNOWLEDGES AND AGREES THAT NEITHER THE SUPPliER NOR ANY DEALER IS AUTHORIZED TO WAIVE OR AlTER ANYTERM OF THIS AGREEMENT, OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THIS AGREEMENT OR THE EQUIPMENT ON B!'HALF OF CFS. 6. RSCAl FUNDING: The Customerwarranls thai n has funds available b pay Payments payable pursuant to this Ageement until the endof its current appropriation pariod endwari'snts that n presenl~ inlands to make Payments in ea:h ~propriation period from oow un~lthe end of this Ageement The officer of the Customer responsible br prepnlion of Cusbmet's annual budg;ll: sh. request from its legislative bOOj or fuming arthoriIy funds to be paid to CFS underthisAgeemenl Ifnolwilhstaldng the making in ooodfath of such reqJestin a:x:ord<<lcewith approprialeprocedll'eSmd wiIIr-lteexeroise ofreasooableocre 8fld digenea, such legisbtive body or funding su1horily dJasnot appropriala funds to be paid to CFS for !he EQ,lipment OJslomer may, upon prior writen notice b CFS, effecIvellpon the exhaustia'l of the ftIlding arthorized forthetnen current appropriation period, return the E<ppmerrt to CFS, at OJstomer's ex~se ood in 8lXXlrda1ce with this ~~ and thereupon, OJslomer shalllbe released of its oblgation b m8<e Payments to CFS dJe thereafter, provided: (1) the Equipment is returned to CFS as provided for m the Agreement (2) the above deaibed notice stales the failure of lha legslalive OOdyor funcing authority to EWIOP;ale the necessary funds as the reason for canceUa!ion; and~) such notice is accompanied by payment of all amounts then We to CFS under this Ageemenl. In the em CusIDner relums!he ElJIipment pursuant to the terms of this Ageenent, CFS shall retan aU sums pad by OJslomer. OJstomer's Payment obIga1ions under this Ageementin any fiooal yew shall constilute a carent expense of QJsIomer for such fiscal year, and shaD not'OO'Islilule indabted1.ess or a multiple fiscal year ob~galion of QJsi:lmer under CUslomer's staIa constitution, state law orholTl:l rule chol'. Nothingiin this AlJeement shall constilule a pledge by OJslomer of S'l)' taxesorother monies, otherth81 as appropriated fora specific fiscal year forthis Ageement lIldthe EqJipment 7. ACCEPTANCE; DEUVERY: Cuslorrsr'sexeculion of the Aoceptooce Certifieale, or Customer's provision b CFS of olherwrillen confirmation of its acceptance of the E~ipment shall conckJsively eslabish that the ElJIpmenthas beer) deivered k:I and acoeP8d by Cuskm1erball purposes of this Ageemenl EIld OJsi:lrrer may not for enyreason revoke that acceptance; holWVef'. if CtJstJmer has not within t3n (10) days after dellValy of the EllJipment, de1vered to ~S I'i'l'M!n notice of lilY non-exeptanoe of the Equipment spacifying the reasons therefore and specifically referencing this AgreelDent, OJslomer shaH be deemed to have irrevocab~ EK:CElpEd the EcrJipment. CFS is the Ilmor and OJstomer is the lessee of the E~ipment under Ilis Agreement As between a=s md Cummer only, "is~ shall supersede any OJstomer purchase ord3r m nsentirety. QJmmeragrees to waive any Iilllt ofspecific perbnnance of this Agreement S'ld to hold CFSharmless from damages. ifb any reason the EqwprlllSlt is not delvered asordered, if the Equipment is unsaisfactofy or if CFS d:leS oot execute this Agreement Customer a!JeeS that any delay in delvery of !he Equipment shaD not affect the vaficitY of this Ageament 8.lOCAnON; LIENS; NAMES; OFFICES: Customer shall not move the E~ipment from the bcalion specified herein except vAth the priorwrillen coosenl of CFS. CUsIomeragees that it will keep the Equipment free andolearof all claims 8ld iensolherthfl'l1hose aealed as a resuhofthis Agreement OJstomer's legal name (as set forth in ilsconslilu,ent cbcurrents filed with the ep~ gJVelTlmantal offioe or agency) is set forth herein. Un" re~, QlsIomer will deflV6l' k:I CFS certified constituent OOcuments. The chief executive office of OJslomer is bcaIed at the address set brtl hererJ. ClIsIomer wiU not chS'lge its name or the b:::afion of ns chief executive office unlass CFS has been {jven at lasst 30 days prior written notice theroof End OJstomer has executed Bld cIelivefed k:I CFS such finBrK:iJg statements and other instrumenls req.liredorappropriale. 9. USE; FINANCING STATEMENTS: Q.lstorner shall comptj with alllawsor regulations relating k:I the use or maintenance of the Equipment. OJsbmer shaU put the ~ipment:anlyto the use conle~1ated by the manufedurer of suc:h EqJipment. OJstomer authorizes CFS (ald any third pMy fiing service c1esigtaild by CFS) to execute and file, (a) finBlcing staBmenls evidenCIng fie inl!lest of CFS in !he Equipment, (b) OJntinuatiOll statements in respect theRlOf, and (0) amendments (inclucirlg forms containing a broacler description ofl1e EcJ,ipmentthan the description set forti hefein) and QJstaerirrevocabtj Mives a"lY ri",tto noticelhereof. CFa-1<>45 (00105) SEfi ReVERSE SlOE FOR AOIJfT1ONAI. TERMSANO CONDI11ONS. INITIAL' Canon Canon Financial Services, Inc. Addendum to Agreement. IM-fEREAS, Canon Financial Services, Inc. ("CFS") and TEMECULA CITY OF ("Custome~') have determined that it is for their mutual benefit to enter into this Addendum ("Addendum") to the Lease Agreement (whether designated a Lease, Rental Agreement, Master Lease, or otherwise) ("Agreement"). NOW, THEREFORE, for good and valuable consideration, intending to be legally bound, the parties hereto hereby agree as follows: It is expressly agreed by the parties that this Addendum is supplemental to the Agreement and that the provisions thereof, unless specifically modified herein, shall remain in full force and effect and shall apply to this Addendum as though they were expressly set forth herein. In the event of any conflict or inconsistency between the provisions of this Addendum and any provisions of the Agreement, the provisions ofthis Addendum shall in all respect govern and control. The terms and conditions paragraph(s) in the Agreement are changed as follows: 1. Agreement: Delete the last sentence 12. Taxes; Other Fees and Charges: Delete the last sentence. 32. GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL: MENTION OF NEW JERSEY Will BE CHANGED TO CALIFORNIA. MENTION OF CAMDEN OR BURLINGTON COUNTIES WILL BE CHANGED TO RIVERSIDE, CA. Customer agrees that CFS may accept a facsimile copy of this Addendum as an original, and that facsimile copies of Custome~s signature will be treated as an original and will be admissable as evidence. THIS ADDENDUM SHALL BE EFFECTIVE WHEN IT HAS BEEN SIGNED BY CUSTOMER AND ANY GUARANTORS AND ACCEPTED BY CFS. GUARANTOR(S) CUSTOMER By: Printed Name: By: By: Printed Name: Printed Name: Title: CANON FINANCIAL SERVICES, INC. By: By: Printed Name: Title: Title: Date: CFS-l003 (08/03) Canon Canon Financial Services, Inc. P.O. Box 4004 Carol Stream, Illinois 60197-4004 EQUIPMENT SCHEDULE I AGREEMENT I NUMBER: This Equipment Schedule is attached to and made part of the agreement (whether designated a lease, rental, Master Lease, or otherwise), between Canon Financial Services, Inc. ("CFS"), and TEMECULA CITY OF ("Customer"), executed on (the "Agreement"). The equipment described below, together with the equipment described on the face of the Agreement, if any, shall be deemed "Equipment" for the purposes of the Agreement and shall be subject to all the terms and conditions set forth in the Agreement: Quantity Model Number Serial Number Description GRAPHIC COPIER COPIER COPIER GRAPHIC COPIER 1 IRC6870U 1 00570 1 IR2270 5 IRC3220 1 IRC2620 7 IR1670 GRAPHIC COPIER COPIER ACCEPTED: CUSTOMER By: Printed Name: Tille: By: Printed Name: Tille: CANON FINANCIAL SERVICES, INC. By: Title: Dale: CFS-1002(06/04) ITEM NO.7 Approvals City Attorney Director of Finance City Manager JM.? CIl ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manager DATE: September 12, 2006 SUBJECT: Approve Economic Development Corporation of Southwest California/Southwest California Economic Alliance 2006-'07 Operating Agreement PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council approve the Economic Development Corporation of Southwest California/Southwest California Economic Alliance 2006-'07 Operating Agreement. BACKGROUND: Since 1999, the cities of Temecula, Murrieta, Lake Elsinore and Riverside County have partnered to market Southwest California through the Southwest California Economic Alliance. The goal of the Economic Alliance is to stimulate economic development within the Southwest region targeting mid to large companies in the high-technology, biotechnology and telecommunications industries, which will in turn create high-paying jobs and thus expand the region's tax base. The Alliance provides marketing services to the member cities and unincorporated county area in an effort to enhance the image of this region and stimulate private investment and job creation to this economy. This business attraction partnership allows Temecula to leverage its funds with other agencies for this regional effort. The Economic Alliance marketing program will consist of advertising, marketing materials, business attraction/retention, trade show attendance, and organize a two or three day familiarization event inviting business decision makers, site selectors, developers and venture capitalists to the region. In addition to these activities, the Alliance website hosts a GIS system offering site selection where one can view business sites and obtain demographic reports. A commuter computer feature is on the site which is a quick and easy way to calculate the annual cost ofa commute. The GIS system also offers a regional job database where companies are able to submit job posting information. Costs of the program will be allocated as follows: Riverside County City of Temecula City of Murrieta City of Lake Elsinore TOTAL $75,000 $60,000 $60,000 $30,000 $225,000 The Economic Development Corporation of Southwest California (EDC) will provide Administrative Management for the Southwest California Economic Alliance. Funding for the Alliance will include marketing, advertising, business development, salary and administrative support. FISCAL IMPACT: Funding of $60,000 for the Southwest California Economic Alliance is available in the FY 2006-07 Economic Development Department Operating Budget #001-111-999- 5264. ATTACHMENTS: Agreement Between The City Of Temecula As A Partner Of The Southwest California Economic Alliance For Business Attraction Services While Operating Under The Administrative Management Of The Economic Development Corporation Of Southwest California AGREEMENT BElWEEN THE CITY OF TEMECULA AS A PARTNER OF THE SOUTHWEST CALIFORNIA ECONOMIC ALLIANCE FOR BUSINESS ATTRACTION SERVICES WHILE OPERATING UNDER THE ADMINISTRATIVE MANAGEMENT OF THE ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST CALIFORNIA This Agreement, made in triplicate, this 12th day of September, 2006, by and between the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST CALIFORNIA, a California nonprofit corporation (hereinafter referred to as "EDCSWC"), which is serving as the administrative management agency for the SOUTHWEST CALIFORNIA ECONOMIC ALLIANCE (SWCEA), with reference to the following facts which are acknowledged by each party as true and correct: RECITALS A. The City is desirous of promoting its advantages as a business, industrial, and residential center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, and business interests. B. The Southwest California Economic Alliance (SWCEA) has special knowledge, experience and facilities for accomplishing economic development activities and business attraction. C. The City now desires to become a partner in the SWCEA to accomplish various business attraction activities and the SWCEA is willing to provide such services pursuant to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: OPERATIVE PROVISIONS 1. RESPONSIBILITIES OF THE SWCEA 1.1 The SWCEA shall undertake, during the 2006-07 fiscal year, to carry on the SWCEA's scope of services as listed in the attached executive summary (refer to Exhibit #1), which is attached to and made a part of this agreement. These services include business development, marketing and various business attraction functions. These duties may be adjusted from time to time as agreed upon by the SWCEA and the City. The Executive Director of the SWCEA shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of the SWCEA. Said report shall be prepared in a format acceptable to the City of Temecula and submitted to the City by the second Thursday of each month. 2. PAYMENT TO SWCEA 2.1 In consideration of the services to be performed by the SWCEA for the City as set forth in paragraph 1 hereof, the City hereby agrees to pay the EDCSWC, the administrative management body for the SWCEA, the sum of $60,000 which shall be made in two payments. The first payment of $30,000 shall be made within 30 days after execution of this agreement. The second payment of $30,000 shall be made by January 30, 2007. The SWCEA shall send invoices for each of these payments at the appropriate time. This shall be considered a payment for services rendered from July 1, 2006 through June 30, 2007. 2.2 In the event the City should desire any additional services, the SWCEA may, upon request of the City, furnish a proposal including an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal, or may reject the proposal in its entirety at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof by the SWCEA, EDCSWC and the City, as herein provided, the City will pay to the EDCSWC the cost thereof and the SWCEA shall perform the services set forth in the proposal. All money due for carrying out said plan or proposal shall be supported by a detailed statement of the SWCEA showing the basis of said claims, and certified by proper officers of the EDCSWC. 3. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition any other relief to which it may be entitled. 4. TERM This Agreement shall be effective for the fiscal year commencing July 1, 2006, and terminating June 30, 2007. 4.1 This Agreement may be terminated for any reason, by either party upon thirty (30) days written notice with any sums due and payable hereunder for services actually performed. 5. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST CALIFORNIA Ron Roberts, Mayor Dennis Frank, President ATTEST: Susan W. Jones, MMC, City Clerk Scott Crane, Secretary APPROVED AS TO FORM: Aqencv Information Economic Development Corporation of Southwest California P.O. Box 1388 Temecula, CA 92593-1388 Peter M. Thorson, City Attorney EXHIBIT #1 SWCEA Scope of Services 1. Marketin!! Materials Development of marketing materials, to include two (2) revised demographic profile reports with current statistics specific for the Southwest California region; Business Resource Guide updates; GIS and web-site improvements to include job postings database, maintenance and updates; and promotional items. Targeted Completion Date - Ongoing 2. Trade Show Attendance Attend industry specific trade shows in California, throughout the US. and internationally, throughout the contract year. Specific trade shows include, BIO 2007 in Boston, MA; CoreNet Global in Orlando FL and Denver, CO; IAMC Professional Forum, Amelia Island, Florida; International Economic Development Council (IEDC), Arlington, VA; Site Selection Network in Las Vegas, NY; MDM East & MDM West; National Association ofIndustrial & Office Professionals (NAIOP) in San Francisco, CA and others to be determined during on-going meetings with city and county representatives. Targeted Completion Date - Ongoing 3. Print Media Advertisin!! Development of targeted print media campaigns using publications that are industry specific Publications include, but are not limited to, Expansion Management, Site Selection Magazine, Business Journals, and other publications yet to be determined. Targeted Completion Date - Ongoing 4. Multi-Media Advertisin!! Campai!!n Promote industry specific campaign, such as the biomedical industry, high-tech manufacturing, telecommunications or another industry as determined by the parties hereto. Campaign(s) will include, but not be limited to, CD-ROM, radio, television, direct mail and print media. Targeted Completion Date - Ongoing 5. Business Visitation The Alliance representative, through direct mail campaign(s), broker visitations, company visitations and other forms of contact yet to be determined along with county/city representatives will perform a minimum of ten (10) company visitations for each FY. This may include visits to Northern California or other locations as determined through on-going meetings with city and county representatives. Targeted Completion Date - June '07 6. Public Relations The representative will attend vanous economic development related meetings that pertain to Southwest California. This includes the Southwest California Economic Development Corporation (SWCEDC), Business Relations Committee, Transportation and Infrastructure Committee, 1-15 Inter-regional Partnership, Business Attraction Advisory Committee, Chambers of Commerce, Rotary and other civic-minded growth and development forums. Targeted Completion Date - Ongoing 7. Lead Mana!!ement The representative will respond to leads generated as a result of this business plan. It is the responsibility of the representative to send out identity packages, conduct follow-up phone calls, and schedule meetings with perspective businesses and assist businesses with the information needed in the expansion/relocation process. Targeted Completion Date - Ongoing 8. Event The representative, along with the Alliance Partners will organize a two-three day promotional/familiarization event for each FY, inviting business decision makers, site selectors, developers and venture capitalists to the Southwest California region. Targeted Completion Date - June '07 Draft Proposed Budget 2006-2007 *Executive Staff $ 60,000 (reimbursement to Supervisor Stone) Admin Staff $ 15,000 (Sharing staffw/EDC, this reflects 50% oftotal) Web-site $ 10,000 (redesign, updates, maintenance and translation) Marketing/Advertising $ 80,000 Trade Shows $ 10,000 Promotional Items $ 4,000 Travel/Expenses $ 7,000 Events $ 10,000 (Broker breakfasts, site selections events, etc) GIS Application $ 12,000 EDC Expenses $ 5,000 (pass through costs, accOlmting & setting up accOlmts) Office Supplies $ 2,500 Postage $ 2,500 **Contingency Fund $ 7,000 * * * Grant Total $ 225,000 * As per agreement between EDC, SWCEA and Supervisor Jeff Stone **Contingency fimd may include sponsorship opporhmities and/or consultant fees as determined by the Alliance partners. ** This total does not reflect any possible rollover arnOlmt from previous year(s). ITEM NO.8 Approvals City Attorney Director of Finance City Manager ~f'"" IJI2. ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Assistant to the City Manager DATE: September 12, 2006 SUBJECT: Adoption of Updated Emergency Operations Plan (EOP) PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council: 1. Adopt the Updated Emergency Operations Plan (EOP) and; 2. Adopt a Resolution Entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE INTEGRATION AND IMPLEMENTATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) FOR EFFECTIVELY HANDLING EMERGENCY SITUATIONS BACKGROUND: The update of the City's Emergency Operations Plan (EOP) was prepared to ensure the most effective allocation of resources for protection of people and property in time of an emergency. This plan establishes the emergency organization, assigns tasks, specific policies and general procedures, and provides coordination of planning efforts of the various emergency staff and service elements utilizing the Standardized Emergency Management System (SEMS) (and, by extension, the National Incident Management System [NIMS] which is currently being integrated into SEMS in California by the Governor's Executive Order S-2-05. Approval of the attached resolution is an appropriate method to fulfill the federal requirement indicating a government has adopted the National Incident Management System (NIMS). The objective of this plan is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding effectively to any emergency. This Emergency Operations Plan is an extension of the State Emergency Plan. It will be reviewed and exercised periodically and revised as necessary to meet changing conditions. The City of Temecula gives its full support to this plan and urges all officials, employees, and the citizens, individually and collectively, to do their share in the total emergency effort of the City. This EOP has been revised by the City of Temecula, consistent with the Standardized Emergency Management System/National Incident Management System. This Emergency Operations Plan has also been reviewed by the Public/Traffic Safety Commission and becomes effective on approval by the Temecula City Council. FISCAL IMPACT: None at this time. Attachments: Resolution 06- Copies of EOP are available in the City Manager's Office RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE INTEGRATION AND IMPLEMENTATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) FOR EFFECTIVELY HANDLING EMERGENCY SITUATIONS THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE AS FOllOWS: Section 1. The President in Homeland Security Directive-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System, which would provide a consistent nationwide approach for federal, state, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from disasters, regardless of cause, size, or complexity; and Section 2. California pioneered the development of standardized incident management systems to respond to a variety of catastrophic disasters, including fires, earthquakes, floods, and landslide; and Section 3. In the early 1970s, the California fire service, in partnership with the federal government, developed the seminal emergency incident command system that has become the model for incident management nationwide; and Section 4. In 1993, California was the first state to adopt a statewide Standardized Emergency Management System for use by every emergency response organization, and implemented a system to ensure the continual improvement of the Standardized Emergency Management System; and Section 5. California emergency management professionals have contributed their expertise to the development of the new National Incident Management System; and Section 6. It is essential for responding to disasters that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and Section 7. The California Standardized Emergency Management System substantially meets the objectives of the National Incident Management System, Section 8. The National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System nationwide, and Section 9. The Governor of the State of California has directed his Office of Emergency Services and Office of Homeland Security in cooperation with the Standardized Emergency Management System Advisory Board to develop a program to integrate the National Incident Management System, to the extent appropriate, into the state's emergency management system; NOW, THEREFORE, BE IT RESOLVED that the City of Temecula will integrate the National Incident Management System, to the extent appropriate, into the emergency management system; and BE IT FURTHER RESOLVED that the City of Temecula utilizes the National Incident Management System which shall be consistent with the integration of the National Incident Management System and the Standardized Emergency Management System in California; and BE IT FURTHER RESOLVED that a copy of this resolution is forwarded to the Governor's Office of Emergency Services. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of September, 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 12th day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk ITEM NO.9 Approvals City Attorney Director of Finance City Manager ~f'" IJIL ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: September 12, 2006 SUBJECT: Acceptance of Grant Deed - Wolf Creek Linear Park North PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council authorize acceptance of the Grant Deed for the Wolf Creek Linear Park North, located in the Wolf Creek development and direct staff to proceed with the necessary actions to cause the deed to be recorded. BACKGROUND: Wolf Creek is a large Specific Plan development in the southern part of the City east of Pechanga Parkway. As part of this project, the developer is conditioned to construct and dedicate a 6.7 acre linear park to the City. The north half of the linear park located on Wolf Creek Drive North between Pechanga Parkway and Wolf Valley Road includes a tot lot, exercise stations, gazebo, picnic tables, benches and walkways. All improvements have been completed to the satisfaction of the Community Services Director. A policy of title insurance will be provided by the developer to accompany the transfer of title to the City. FISCAL IMPACT: Cost for maintaining Wolf Creek Linear Park North has been estimated at $17,400 and is included in the Temecula Community Service District current budget. ATTACHMENTS: 1) Grant Deed 2) Vicinity Map EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'T CODE ~ 27383 AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: City of Temecula P.O. Box 9033 Temecula CA 92589-9033 EXEMPT RECORDING SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor declares: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wolf Creek Development, LLC hereby grants to the CITY OF TEMECULA, a municipal corporation, the following described real property in the City of Temecula, County of Riverside, State of California: See Exhibit "A" attached hereto, Executed on r,/~.:> a~ ,2006, at ~te.Jtv A ~ , California. Signature Type/Print Name ~~ ~aN7 Position Z>::; Pre6'6IDe-tv7 _ . ~41~ 'M /11 {Ci//t~ ~tJJ1;x( Signature Type/Print Name Position CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT County of Riverside } ss. State of California On March 30, 2006 Date before me, Sarah Gillis, Notary Pubiic Name and Title of Officer personally appeared August Belmont o personally known to me D proved to me on the basis of satisfactory evidence 'ii' - -';":4: - - f - Commission '* 1530302 i ~ Notary Public. CallfOnda. t j RivenIde County -- _ _ _ ~~m:~_~27.2~ . . - to be the personll) whose nametS) is/aIJL subscribed to th/. within instrument and acknowledged to me that he/sAeltfteoy executed the same in his/h'erftheir authorized capacity(i!",), and that by hislRerLlheir Signature~ on the instrument the person~ or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~a^al ~ J-d(Q Q~ 'tJ Signature of Notary Public ---"--------------"---------"..----------.-.-.......--..------........OPTIONAL------..................--.---.._______________.__.___________.__.__n Though the information below is not required by law, it may prove valuable 10 persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Grant Deed Document Date: 3/30/06 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer Signer's Name: August Belmont D Individual D Corporate Officer- Title(s): D Partner - ? Limited ? General D Attorney-In-Fact D Trustee D Guardian or Conservalor o Other: Number of Pages: Signer Is Representing: Wolf Creek Development LLC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . State of California County of 0 R{L()g.u On mClr2Ch 3D! UtJlfl Date before } ss. me, ])/(l.n~J3atU1 Name and Title of Officer (e.g., "Jane Doe, Notary Public") fYJcfJir;nt's Name(s)of Signer(s) personally appeared ~ ( 1m ~ personally known to me J- - - - :':=~~-f l~ NolaIy PublIc - CaIII4..... I j Orange COWIIV - _ _ _ ~~~_~2~~1 D FlFevod te me <,n thp h:::t~i~ of ~:::atj~f:::a,..tQf}' g\ljder:lce to be the person(s1 whose name\S&afEl-Subscribed ~e within instrument and acknowledge to me that e/ h(jf.l:l:1g~' executed the same in h' hgr!their authorized capacity(.ies), and that by his . signature(s1-on the instrument the person , or the entity upon behalf of which the persontst acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. ~ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of 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 Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: . @2004National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHffiIT A Open Space Lots 18 through 22, inclusive, all of Tract Map No. 29305-1, as shown by Map on file in Book 350, Pages 65 through 78, inclusive, of Maps, together with Lot 59 of Tract Map No. 29798-5, as shown by Map on file in Book 354, Pages 15 through 22, inclusive, of Maps, together with Lot 57 of Tract Map No. 29798-2, as shown by Map on file in Book 351, Pages 89 through 94, inclusive, of Maps, all Records of Riverside County, California. Riverside County Recorders Information: Tract Map No. 29305-1 No: 2004-0109735 Date: February 18,2004 Tract Map No. 29798-5 No: 2004-0274055 Date: April 15, 2004 Tract Map No. 29798-2 No: 2004-0176392 Date: March 12,2004 I I I -==r ,-, "r IY Wolf Creek Linear Park (North) !V0<Q'.,.,a€"€"o,y Vicinity Map \. V / 0,. ~ .,. ,y/O-rO"i'P,o{ I / ?!:!!JJ S"lYSE'RRV0U. ~<<-~ ~~);/,J. <oc Gl W V<\')' Ol-\\J€. 0)' ~ t; 't ~. <:nfJ/ 1Y~lYPTUS Gl -I\1-~... ~ \" ~ ,U I 1\ J---1~ '. ~ \ ] l <;, I IT/ D-< JUNIPER Pf:'--- ~ ~ ~ ~ Q ~4GNOLlA PI------r . 8 . -(' --' {~ ~/At~ Z ~J1/ (;j:j;) ____ f---.r >- E ____ rn _ . _ ~f--- ___ (j) -=- _ r- ,,--1---- 0 f--- ===- \- --- ~~ESPc€J' ~ ::::::: g ~(\ \ '\ o "I -j ;n o I ~ "^ "..w '7>-- -w~~L~~ I ,-\ ~~ -.j----\ 0 \ \ ,/ ::!; .--\ ,/ - 0'\ I / ..-\/<;'~l- uJV Elf/I ~- ,f >- ,>'" 0 0'" 0 ~ EASTLO~" ( I-- j:! ~t) ;J - 0 ~ c :;;; --" )> 0 --ItS (J) 0 ~- 0 :r: ;>J ~ WOLF CREEK DRN '" T ~~ -- t)-- 8--~ -~--ltl - en f--- f-- ~ _~I-- z : m r--- <( - f--- :;;; - f----. ---( f---- T\ ~ ~ ANIELOPE PL I I --r D-kl---"( , \.. uLI-WY y-- s~ ~V -~ '" ., r I E'lMPl -" ~ 0. Z 0:: 0 ~ 0 en BISON CT;;! i5 u; en VIA GILBERTO I III \l 1/ ~ .EON CIR F SAHOCT r - . ~ ~- / _ IAWATHACT -1 _ HONTAN ST r-- f--- - / - f---. j Ii; r-- B. OCAW CIRr\: >- 1/ /' - 0 . ~ if: ~ ~ ~ <( ~ . C> w Z .... <( ;2 :r: HURON ST . 0. ffi 0. - ="'\1 l( = ~RABAS:IR ~ /j . / _ ~Li/ ~>-)--- I ~- f---z _ 0'. I _c-- 1--~ v- I HON~VSUCKLE CT II \ >; I r SIERRA CT h- o o Z g LYON Q Z w :;;; >- o en 0:: w > 12 X in , . ~ r r )> ~ Ijif L 'l'l'i ~ 0"<<- . ~"G 1-----' '-' .l--~ 5 ~ :r: ;\\''- 15'- P~€. )> r m ;>J o . . . KLAMATH CT . . . - PAHUTA ST . . . <f WOLF VALLEV RO en :if o !:;j o ;>J m m " ~ ~ Cl"O DBURST LN . o 75 150 300 450 600 Feet r:\gis\kelli\arcmap...,proj\wolf creek linear park smith.mxd ITEM NO.1 0 Approvals City Attorney Director of Finance City Manager V /J1l ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Howard Windsor, Fire Chief DATE: September 12, 2006 SUBJECT: Upgrade of Defibrillators PREPARED BY: Tim Buckley, Fire Captain/Paramedic RECOMMENDATION: That the City Council approve 1. Authorize the upgrade purchase of six monitor/defibrillators for a total cost of $48,384 from loll Medical Corporation. DISCUSSION: In an effort to continue to enhance Paramedic service within the City of Temecula, staff is proposing to upgrade our loll monitor/defibrillators for the Paramedics on engines within the City. Approximately 80% of the emergency calls in Temecula are responses to medical calls and traffic accidents. With the increase in population, the City has added paramedic engines to help keep response times below the City's 5-minute expectation. This upgrade purchase of six monitor/defibrillators is being made from the State of California Multiple Award Schedule (CMAS) number 4-05-00-0089B and the purchase amount reflects the Riverside County Fire contract pricing. loll Medical Corporation is the manufacturer of the cardiac Monitor we are currently using in Temecula. Upgrading these monitor/defibrillators will bring them inline with new Riverside County Fire Department standard. It is necessary to upgrade at this time because two of our units have reached their life expectancy (approaching 8 years of age) and a third unit is 5 years of age and will need to be replaced in the near future. Also, all the units are in need of maintenance service at a cost of $5,000 a year. By upgrading at this time, there would be no maintenance cost for this year and a 4-year warranty is given with each upgraded unit. Since the City is part of a regionalized system, standardization is essential for all equipment used within the system. The upgrade will enhance the use of the monitor and other existing features that will make it easy for the Paramedics to utilize. This will provide a better service to the community when responding to medical emergencies. Finally, loll Medical Corporation is providing a trade-in value that will assist us with the cost of the upgrade. By taking this approach our total savings would be approximately $60,000. FISCAL IMPACT: budgets. Sufficient funds exist in the fiscal year 2006/2007 Paramedic operating ITEM NO. 11 Approvals City Attorney Director of Finance City Manager V IJIl C/ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: September 12, 2006 SUBJECT: Microsoft Software Licenses - Annual Renewal RECOMMENDATION: That the City Council authorize the annual purchase of Microsoft Client Access Licenses (CAL), Windows Server 2003, and SQL database 2005 Software from CompuCom Systems Inc. for $67,773.65. BACKGROUND: The City is currently enrolled in a Riverside County sponsored Microsoft Enterprise Agreement, which makes the City fully compliant with software copyright regulations. City automation systems are standardized on Microsoft platforms that ensure ease of integration and full functionality. This agreement locks in a competitively bid government volume price and guarantees software assurance for all similar Microsoft products for the next five years. While this is a five-year agreement totaling $338,868.25, it will be equally divided and be separately budgeted in each fiscal year. The Microsoft Enterprise Agreement is available on the State of California County Information Services Directors Association (CCISA) Multiple Award Schedules under Microsoft State and Local Enterprise Agreement. The competitively quoted price is provided by an authorized CCISA contractor. Under this agreement, it is within the City's discretion to take advantage of the pricing on another governmental entity contract. The contract is made available for use by State of California agencies and any city, county, or local governmental agency empowered to expend public funds. Therefore, this purchase is exempt from competitive bidding requirements. Staff's research has determined that the CCISA price is the most competitive and that there are no local vendors on the CCISA suppliers list. Also, it has been determined that the CCISA program is consistent with the City's procurement policies and regulations and that it is used by many cities as an industry standard. The attached enrollment form is for the purchase of Microsoft licenses from CompuCom Systems Inc. FISCAL IMPACT: $67,773.65 was appropriated in the 2006-07 Fiscal Year Budgetfor the Information Services Internal Services fund. ATTACHMENTS: CompuCom Systems Inc. Enterprise Agreement Enrollment/Quote Enterprise Enrollment (indirect) Microsoft-I Volume Licensing State and Local Microsoft Business Agreement number (if applicable) Reseller or Microsoft affiliate to complete Reseller purchase order nu mber Reseller to complete Enterprise Agreement number Reseller or Microsoft affiliate to complete Enrollment number Microsoft affiliate to complete 01E62044 Previous Qualifying Enrollment nu mber Reseller to complete 7155938 Previous Qualifying Enrollment end date Reseller to complete This Microsoft Enterprise Enrollment is entered into between the following entities signing, as of the effective date identified below. Definitions. When used in this enrollment, "you" refers to the entity that signs this enrollment with us, and "we" or "us" refers to the Microsoft entity that signs this enrollment "Qualifying Enrollment," means (i) an enterprise enrollment under a separate Microsoft Select Master Agreement or Microsoft Enterprise Agreement; (ii) any enterprise subscription enrollment entered into under a separate Microsoft Enterprise Subscription Agreement; or (iii) any other enrollment submitted under the Microsoft Enterprise Agreement identified on the cover page. All other definitions in the Microsoft Enterprise Agreement identified above apply here. Effective date. If you are renewing Software Assurance from one or more previous "Qualifying Enrollments" then the effective date will be the day after the first Enrollment expires. Otherwise the effective date will be the date this enrollment is signed by us. Where a previous Qualifying Enrollment is being used, your reseller will require that enrollment number and end date to complete the applicable boxes above. Term. This enrollment will expire 36 full calendar months from the effective date. It could be terminated earlier or renewed as provided in the Microsoft Enterprise Agreement We will advise you of your renewal options before it expires. Representations and warranties. By signing this enrollment, the parties agree to be bound by the terms of this enrollment, and you represent and warrant that: (i) you have read and understand the Microsoft Business Agreement identified above (if any) and the Microsoft Enterprise Agreement, including all documents it incorporates by reference and any amendments to those documents, and agree to be bound by those terms; and (ii) you are either the entity that signed the Microsoft Enterprise Agreement or its affiliate. Non-exclusivity. This enrollment is non-exclusive. Nothing contained in it requires you to license, use or promote Microsoft software or services exclusively. You may, if you choose, enter into agreements with other parties to license, use or promote non-Microsoft software or services. SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1, 2005 Cover page Page 1 of 11 This enrollment consists of (1) this cover page, (2) the Contact Information Page(s), (3) the Enterprise order information, (4) the Reseller Information Form, (5) the product order as provided to us by the reseller (6) the Media Order Form, and (7) the Core User CAL Terms and Conditions (if applicable). Contracting Microsoft Affiliate Name of entity' Microsoft Licensing, GP City of Temecula Signature * Signature Printed name * Printed name Ron Roberts Printed title' Printed title Mayor Signature date' Signature date 09/12/06 (date Microsoft affiliate countersigns) Effective date . indicates required fields (may be different than our signature date) , Microsoft Volume Licensing web sites (Note We Will advise you of any changes to these URLs) Product use rights http://microsoft.com/licensinq Product List http://microsoft.com/licensinq Microsoft Volume Licensing Services (MVLS) https://licensin q. m icrosoft. co m/ (password protected site to view orders under this enrollment) Customer guide http://microsoft.com/licensin q/proqram s/ Notices to Microsoft should be sent to: Copies should be sent to: MSLI,GP 6100 Neil Road, Suite 21 0 Reno, Nevada USA 89511-1137 Depl. 551, Volume Licensing Microsoft Law and Corporate Affairs One Microsoft Way Redmond, WA 98052 USA Volume Licensing Group (425) 936-7329 fax Attachments: .I8l Media Order Form (reauired) 0 Core User CAL Terms and Conditions, if applicable U MS Capital Form, if applicable Customer. Please remit to your reseller. Reseller. Please remit to Microsoft. SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1,2005 Cover page Page20fll 1. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) change. The' indicates required fields. By providing contact information, you consent to its use for purposes of administering this enrollment by us, our affiliates, and other parties that help us administer this enrollment. Primary contact information: The customer signing on the cover page must identify an individual from inside its organization to serve as the primary contact. This contact is the default online administrator for this enrollment and receives all notices unless you provide us written notice of a change. The online administrator may appoint others as administrators and grant others access to online information. Customer Name of entity' Contact name * City of T emecula Last Thorson First Tim Street address' Contact smail address (required for online access) * 43200 Business Park Drive ti m. tho rson@cityoftemecula.org City' State/Province' Phone Temecula CA 951-308-6300 Country , Postal code' Fax USA 92590 951-308-6329 Notices and online access contact information: Complete this only if you want to designate a notices and online access contact different than the primary contact. This contact will become the default online administrator for this enrollment and receive all notices. This contact may appoint other administrators and grant others access to online information. Notices and online access contact L8J Same as primary contact Name of entity Contact name Last First Street address Contact smail address (required for online access) City State/Province Phone Country Postal code Fax SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1,2005 Contact information Page30fll Language preference: This section designates the language in which you prefer to receive notices. I English Additional electronic contractual notices contact information: This contact will receive electronic contractual notices in addition to the notices contact. This contact is not required if you do not want an additional set of notices issued. Electronic contractual notices contact Name of entity Contact name City of T emecula Last Hafeli First Tom Street address Contact smail address (required for electronic notices) 43200 Business Park Drive tom .hafeli@cityoftemecula.orrJ City State/Province Phone Temecula CA 951-308-6321 Country Postal code Fax USA 92590 951-308-6329 Software Assurance benefits contact: This contact will receive communications concerning Software Assurance benefits, and any additional TechNet subscriptions that have been ordered separately from Software Assurance under this enrollment. This contact is optional. If this contact is not completed, any notices for Software Assurance benefits will default to the notices and online contact. Software Assurance benefits contact Name of entity Contact name Last First Street address Contact smail address (required for electronic notices) City State/Province Phone Country Postal code Fax SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1,2005 Contact information Page40fll MSDN contact: This contact will receive communications concerning registration for MSDN products ordered under this enrollment. This contact is optional. If this contact is not completed, any notices for MSDN will default to the notices and online contact. MSDN contact Name of entity Contact name Last First Street address Contact smail address (required for electronic notices) City State/Province Phone Country Postal code Fax Microsoft account manager: This section designates your Microsoft account manager contact. Microsoft account manager name Microsoft account manager email address jimhil@microsoft.com Jim Hill SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1,2005 Contact information Page50fll 2. Defining your enterprise. Use this section to identify which affiliates will be included in your enterprise. Your enterprise must consist of entire government agencies, departments or legal jurisdictions, not partial government agencies, departments, or legal jurisdictions. Each affiliate must be entirely "in" or entirely "out." All affiliates acquired after the effective date of this enrollment that are not party to a Qualifying Enrollment of their own will automatically be included unless you fill in part b below. a. Use this part (a) to determine which current affiliates will be included in your enterprise. Check only one of the boxes in part (a). ~ D You and all affiliates will be participating You and the following affiliates will be participating (if no affiliates will be participating, write "none" on line 1) (attach a list of names on a separate piece of paper if more than 5 affiliates are being included): 2 3 4 5 D You and all affiliates, except the following affiliates, will be participating (attach a list of names on a separate piece of paper if more than 5 affiliates are being excluded): 2 3 4 5 b. Use this part (b) to indicate whether affiliates acquired after the enrollment effective date will be included. Unless you check the box below, all affiliates acquired after the enrollment effective date that are not party to a Qualifying Enrollment of their own will automatically be included. III Exclude all affiliates acquired after the enrollment effective date that are not party to a Qualifying Enrollment of their own. I SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1,2005 Enterprise order information Page60fll 3. Selecting your language option. Select the option for the languages in which you will run the products licensed under this enrollment. The options and their corresponding languages are identified here. All Languages "Listed Languages" Arabic Bulgarian Chinese Simplified Chinese Traditional Croatian English 1 Hebrew Indic Japanese Korean Portuguese (Brazil) Romanian Russian Serbian Spanish' Thai Turkish Ukrainian "Restricted Languages" Danish Dutch English 1 Finnish French3 German Greek Italian Norwegian Portuguese (Portugal) Spanish' Swedish "Extended Languages" Czech Estonian Hungarian Latvian Lithuanian Polish Slovenian Slovak English is a Listed Language if this enrollment is signed outside of the following countries and a Restricted Language if this enrollment is signed inside these countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, France, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, United Kingdom, Switzerland, Sweden, or Spain. English is a "Listed Language", except when restricted as described in the "Restricted Languages" list (see footnote 3) , Spanish is a Listed Language only if this enrollment is signed in Latin America and is otherwise Restricted Language. French is a "Listed Language:' if signed in Canada . Select All Languages to run your products in any of the Listed, Extended or Restricted Languages. This option also allows you to run Multi-Language packs for your products. . Select Listed Languages to run your products in those languages. . Select Extended Languages to run your products in those languages. . If you select the Listed or Extended Languages option you may run up to 10% of the copies of each of your products in All Languages. SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1,2005 Check one box [gJ Listed Languages D All Languages D Extended Languages Enterprise order information Page70fll 4. Language allocation. Provide us with your good faith estimate of the specific languages in which you will run all copies of all products and the approximate percentage of those copies you will run in each language. Information that you provide here does not limit your future use of products under this enrollment in any permitted language within the language group you select above. Attach a separate sheet if more space is needed. Language Percentages English 100% % % % 5. Applicable currency. Payments made in connection with this enrollment must be in U.S. Dollars 6. Establishing your price level. The price level indicated in this section will be your price level for the initial enrollment term for all enterprise products you order and for any additional products in the same pool(s). Your price level for any other additional products will be level "A". Qualified desktops: You represent that the total number of qualified desktops in your enterprise is, or will be increased to, this number during the initial term of 300 this enrollment (This number must be equal to at least 250 desktops). Qualified users: You represent that the total number of qualified users in your enterprise is, or will be increased to, this number during the initial term of this enrollment (This number must be equal to at least 250 users). Number of I Price level desktops! users 250 to 2,399 A 2,400 to 5,999 B 6,000 to 14,999 C 15,000 and above D Qualified Qualified Price level (for pools in which you desktop user order an enterprise product): D Price level (for pools in which you do not order an enterprise product): Price level" A" SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1,2005 Enterprise order information Page80fll 7. Enterprise product orders. Your reseller will provide you with your product pricing and order. Your prices and payment terms for all products ordered will be determined by agreement between you and your reseller. Your reseller will provide us with your order separately from this enrollment. We will invoice your reseller in three equal annual installments for the enterprise products covered by your initial order. The first installment will be invoiced to your reseller upon our acceptance of this enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. We will invoice your reseller for the enterprise products covered by any true up orders in total upon our acceptance of each true up order. Select the enterprise products to be covered by your initial order. If you select all three individual products, you are licensing the Enterprise Desktop Professional Platform. If you select the Core CAL, you must select either desktop or user licenses. Enterprise Products Desktop User Licenses Licenses Windows Desktop Operating ~ System Upgrade Office Professional' ~ Core Client Access License ',2 ~ D 1 The components of the current versions of Office Professional, and the current versions of the components that make up the Core CAL, are identified in the Product List. 2 If you select Core User CAL and the agreement identified on the cover page is version 6.1 or earlier, the Core User CAL Terms and Conditions apply. 8. Additional Products We will invoice your reseller for each additional product covered by your initial order in three equal annual installments. The first installment will be invoiced to your reseller upon our acceptance of this enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. We will invoice your reseller for any new additional product not initially included in your enrollment in total upon our acceptance of your order. We will invoice your reseller for additional products initially included in your enrollment and covered by any true up order submitted during the initial term in total upon our acceptance of your true up order. g. Qualifying systems licenses. All desktop operating system licenses provided under this program are upgrade Licenses. No full operating system licenses are available under this program. Therefore, if you select the Enterprise Desktop Professional Platform or the Windows Desktop Operating System Upgrade & Software Assurance, all qualified desktops on which you will run the Windows Desktop Operating System Upgrade must be licensed to run one of the qualifying operating systems identified in the Product List at http://www.microsoft.com/licensinq. Note that the list of operating systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances of your order. That list is more extensive at the time of your initial order than it is for some subsequent true ups and system refreshes during the term of your enrollment. SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1,2005 Enterprise order information Page90fll 10. Renewal orders. For any 36-month renewal, your renewal order will be invoiced to your reseller in three annual installments. The first installment will be invoiced upon our acceptance of the renewal order; the remaining installments will be invoiced at the next two anniversaries of the effective date of that renewal term. For any 12-month renewal and for any true up orders, we will invoice your reseller in total upon our acceptance of your order. SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1,2005 Enterprise order information Pagel00fll Your reseller should complete the following sections and sign this form where indicated. General information Reseller company name: CompuCom Street address: (PO boxes will not be accepted) 7171 Forest Lane City and State / Province and postal code: Dallas, Texas 75230 Country: USA Contact name: Sam Andrews Phone number: 818988-2195 Fax number: Email address: sam .andrews@compucom.com The undersigned confirms that the reseller information is correct. Name of reseller Signature Printed name Printed title Date Changing a reseller. If we or your reseller choose to discontinue doing business with one another, you must choose a replacement. If you intend to change your reseller, you must notify us and the former reseller, in writing on a form that we provide at least 30 days prior to the date on which the change is to take effect. The change will take effect on the date it is executed by us. We will not unreasonably withhold or delay our signature. SLG Microsoft Enterprise 6.4 Enrollment (Indirect)(North America) December 1,2005 Reseller information form Page 11 of 11 1m - softw are auote 1'415 Old Pia eerville Suite 235 Sa ramento CA 95827 ; sam.andre ~omnucom.com Please fax your POs - -- Ouoted to: City of Temecula Tim Thorson ti m. thorson@citvoftemecula.orq Date 8/23/2006 5-vear EA Renewal Quote Important: Please Quantity Part # Description Unit Price enterprise products 275 269-05925 Office Pro SA Only $70.29 25 269-05924 Office Pro Lic/SA $97.60 275 E85-01014 Windows Pro SA Only $28.7 4 25 E85-01013 Windows Pro Lic/SA $33.60 275 W06-00019 Core CAL SA Only (from BO CAL) $35.30 25 W06-00020 Core CAL Lic/SA $41 .48 additional products (new) 14 P72-00164 Windows Server Enterprise Lic/SA $619.73 18 P73-00202 Windows Server Standard Lic/SA $190.68 10 359-00851 SOL Server CAL Device CAL Lic/SA $42.70 SOL Server Standard Edtn Win32 1-Processor 2 228-03161 Lic/SA $1,52339 1 312-02356 Exchange Server Lic/SA $185.46 1 E84-00372 ISA Server Standard Edtn 1-Processor Lic/SA $343.86 Content Management Server Standard Edtn 1 R92-00028 1-Processor Lic/SA $1,85819 2 F1 P-00206 Visual Studio Pro w/ MSDN Premium Lic/SA $560.7 4 MS Exchange Hosted Filtering (monthly subscription 300 74H-00014 @ $0.70 per month x 12 months) Per User $8.50 Product-total Sub-Total 7.75 Tax Shipping Total Your Annual EA Price (5-year EA) total of 5 years of payments = $338,868.25 Prices good for 30 days I I Ext. Price $- $19,32975 $2,440 00 $7,903 50 $840.00 $9,70750 $1,03700 $- $8,67622 $3,43224 $427.00 $3,04678 $185.46 $343.86 $1,85819 $1,121.48 $2,55000 $- $62,898 98 $62,898 98 $4,87467 No Charge $67,773.65 ITEM NO. 12 Approvals City Attorney Director of Finance City Manager V elL cr CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: September 12, 2006 SUBJECT: Subdivision Improvement Agreement and Bonds for Riverside County Flood Control and Water Conservation District (District) Channel Improvements within Parcel Map 33545, Located at the South East Corner of State Route 79 South and Butterfield Stage Road, Pursuant to Temecula Creek Channel, Stage 2; Cooperative Agreement PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer - Land Development RECOMMENDATION: Thatthe City Council approve 1) Subdivision ImprovementAgreement and accept Faithful Performance and Labor and Materials Bonds as security for the agreement. BACKGROUND: Parcel Map 33545 was approved by City Council (City) on February 14, 2006. The property is located at the south east corner of State Route 79 South and Butterfield Stage Road and is bounded by Temecula Creek to the south. As a condition of approval, the Developer is required to construct certain flood control improvements to provide flood protection for this planned development. The required improvements include approximately nine hundred (900) lineal feet of slope and channel improvements. The Developer is also responsible to construct an eight (8) feet wide trail along the embankment on top of the slope. Upon completion, the said flood control improvements will be maintained by the Riverside County Flood and Water Conservation District (District). A Cooperative Agreement to that effect was approved by the City on May 23, 2006. Pursuant to that Cooperative Agreement, Developer will construct the said improvements, and District will assume ownership and maintenance responsibility. Therefore, in accordance with the Cooperative Agreement, the District reviewed and approved the improvement plans and is now requesting that the Developer provide and that City accept the Subdivision Improvement Agreement and holds Faithful Performance and Labor and Material Bonds for the improvements. FISCAL IMPACT: None. ATTACHMENTS: 1) Fees & Securities Report 2) Project Vicinity Map 3) Parcel Map 33545 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 33545 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Riverside County Flood Control & Water Conservation $240,635.33 $120,317.67 District Total $240,635.33 $120,317.67 September 12,2006 RANC 0 ol'-"\~ C~\)' 1; % ~ VICINITY MAP NO SCALE SITE ~ ~ ~. ili~ ~ ",. ~~ ~ "-5 ~o " ~ " I- I:i ili~ ~ . ~ ~ ~ o . ~" . ~ "1" I " ~ ~ ~ ~E g ~ "' Qui ~~ ~~ ~ ~r;:l z ~u t5 o~ "- /::~ :::Jlf:)ZLL C3 -w5~ ""Um "-.,...,w o U"J j!;ol:I~ ~ cYj z~~ ~ C't':)~f:]~ (f) ~~:.t::3 . r-.~U ~ '" -.. oo.a.aiO .; m ~~t!:! ~ ~ Z gg~ < a:: o:;lD. 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". . ~~~. o ...I....t \ ~ e~l~ ~Uo~ ..i..:otlrol <-I"'t-'" " ~oo ~oo ~ci>!;l: .~ g'tOB o~ >-~ 0," ~'" ~ " ~l ~~~ -""'J. ;:;.~~ ~,!j~ -" ~ o o " ~~~ :;!'!i ,<' ~r ITEM NO. 13 Approvals City Attorney Director of Finance City Manager fM<( /112. LJ8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: September 12, 2006 SUBJECT: Bicycle Transportation Account (BTA) - Local Agency-State Agreement PREPARED BY: Julie Dauer, Sr. CIP Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE LOCAL AGENCY-STATE AGREEMENT FOR THE 2006/2007 BICYCLE TRANSPORTATION ACCOUNT PROJECT KNOWN AS THE SANTA GERTRUDIS CREEK BICYCLE TRAIL EXTENSION AND INTERCONNECT BACKGROUND: The Bicycle Transportation Account (BT A) provides state funds for city and county projects that improve safety and convenience for bicycle commuters. The BT A program funding considerations for the 2006/2007 fiscal year and beyond provide $5 million of BT A funds annually. The Public Works Department prepared a grant application for submittal to Caltrans, Local Assistance in December 2005. Our application request was for funding of project planning and preliminary engineering for the Santa Gertrudis Creek Bicycle/Trail Extension and Interconnect project. On July 31,2006 we were notified by letter that our project was approved for the 2006/2007 BTA funding in the amount of $395,000. By accepting this grant funding, the City agrees to be a partner with the State in a common mission to improve mobility and the quality of life in California. As part of the BTA program and under provisions of the California Administrative Code, the State is required to enter into an agreement with the Local Agency relative to design standards, the handling and accounting of funds, time for completion, and all other phases of the projectforthe work known as Preliminary Engineering of a Class I Bikeway along Santa Gertrudis Creek from Diaz Road to Ynez Road, in the City of Temecula. FISCAL IMPACT: The City of Temecula has been awarded a total of $395,000 in BTA funds and has committed a minimum of $75,000 in local funds for the implementation of project planning and preliminary engineering forthis project. The total estimated project costs are $470,000. If project costs exceed the original estimate it will be the responsibility of the city to provide sufficient local funds to finance the excess. I n the event the final costs are less that said estimate the BT A funds will be decreased in relationship to the percent funded by the Bicycle Transportation Account. According to our project application and local agency-state agreement the project funding percentages are as follows: BTA funds $395,000 (84.04%) and local funds $75,000 (15.96%). The City of Temecula shall submit an acceptable final accounting of actual project costs and a written request for payment by April 1 , 2009. The project planning and preliminary engineering forthe Santa Gertrudis Creek Bicycle/Trail Extension and Interconnect will be programmed and included in the FY2007/2008 Capital Improvement Program. ATTACHMENTS: Resolution No. 2006- Vicinity Map RESOLUTION NO. 2006. A RESOLUTION 0 F THE CITY COUNCIL 0 F THE CITY OF TEMECULA APPROVING THE LOCAL AGENCY. STATE AGREEMENT FOR THE 2006/2007 BICYCLE TRANSPORTATION ACCOUNT PROJECT KNOWN AS THE SANTA GERTRUDIS CREEK BICYCLE TRAIL EXTENSION AND INTERCONNECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2, Chapter 10 of the California Administrative Code, funds have been allocated to the City of Temecula for the project planning and preliminary engineering of a Bicycle Transportation Account project known as the Santa Gertrudis Creek Bicycle Trail Extension and Interconnect, and WHEREAS, under provisions of the California Administrative Code, the State (Department of Transportation) is required to enter into an agreement with the local agency (City of Temecula) relative to design standards, the handling and accounting of funds, time for completion, and all other phases of the project; and WHEREAS, said agreement shall be signed and returned no later than 90 days to the Bicycle Facilities Unit, Division of Local Assistance, California Department of Transportation, Sacramento, CA; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of T emecula as follows: Section 1. Approves the Local Agency - State Agreement Bicycle Transportation Account Project, Agreement No. BTA 06/07-08-RIV-04 for the project planning and preliminary engineering for the Santa Gertrudis Creek Bicycle Trail Extension and Interconnect project. Section 2. Authorizes William G. Hughes, Director of Public Works/City Engineer, to execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Ternecula this 12th day of September, 2006. Ronald 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. was duly and regularly adopted by the City Council of the City of T emecula at a meeting thereof held on the 12th day of September, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ~ <]z ~, !' " "h"Hh 1 fitSlBlil ~ l ~h~;ll~U 1 li!Uh~;. . ! .:!;I!'!-Eli!~ ~ 'li~ ,l;'9-'8~La;," =-!t & ~;ll':.d~l"~ i "'EUr,;jj:l!f!ic: hh'l.... HHh~Hi f i.,~.~~t~ll !!Uill,h ~ i " -1- "--\ \ ~ . I ~ ~ 5 .. ~ w ~ \ i \ <= ~ i ~ g~~ lh U .!!! e- . l . ~ ~ ~ 2 :;!i l! ~ (! ~ 10 ! ~ :3 ~ ~ ~ ~ ~ ~ ~~~~f~~ ~;:,. ~'~ ~ ~ g 5 ~Ii~ ~~~fio.~ ~1.l::~r~:!'~CI)u h ~D" III ~i~!\ll I : i !iil~--=, . . .',-, ., LOCAL AGENCY - STATE AGREEMENT BICYCLE TRANSPORTATION ACCOUNT PROJECT 08 City ofTemecula District Local Agency AGREEMENT NO. BTA 06/07-08-RIV-04 THIS AGREEMENT, made in dnplicate entered into effective as of this 1st day of July 2006, is by and between the political entity identified above, a political subdivision of the State of California, hereinafter referred to as "LOCAL AGENCY", and the State of California, acting by and through the California Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: . WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2, Chapter 10 of the California Administrative Code, funds have been allocated to LOCAL AGENCY for the construction of a Bicycle Transportation Account project selected by LOCAL AGENCY and described in EXHIBIT A attached hereto; and WHEREAS, under provisions of the California Administrative Code, STATE is required to enter into an agreement with LOCAL AGENCY relative to design standards, the handling and accounting of funds, time for completion, and all other phases of the project, THEREFORE, the parties agree as follows: ARTICLE I - Project Administration 1. The project or projects described in Exhibit A, hereinafter referred to as "the project", shall be constructed as provided in this Agreement and in accordance with those laws applicable to LOCAL AGENCY. In the event of any conflict, the tenns of this agreement shall prevail. 2. Construction may be penonned by contract or LOCAL AGENCY. LOCAL AGENCY shall prepare all documents necessary for advertising, advertise, award and administer the contract including inspection of work penonned and payments to the contractor as the same becomes due. 3. Prior to advertising, LOCAL AGENCY shall prepare a complete set of contract plans. Such plans shall confonn to unifonn specifications and to design and safety standards as described in the Caltrans Highway Design Manual - Bikeway Planning and Design - Chapter 1000. 4. The estimated costs of the project are as shown in Exhibit A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood,' however, that the allocation of Bicycle Transportation Account funds will not exceed that shown for each item in Exhibit A. 5. In the event the final costs of the project are less than said estimate by reason of low bid or otherwise, the allocation of Bicycle Transportation Account funds will be decreased in relationship to the percent funded by Bicycle Transportation Account. 6. Local Agency shall submit an acceptable final accounting of actual project costs and a written request for payment by April 1,2009. State shall pay to the local agency the Bicycle Transportation Account share of the actual cost of the project prior to June 30, 2009 , the expiration .date of the Bicycle Transportation Account funds included in this project. 7. All costs charged to this agreement by LOCAL AGENCY shall be supported by properly executed payrolls, time records, invoices and vouchers, evidenced in proper detail the nature and propriety of the charges, and shall be costs allowable under the California Bicycle Tral1sportation Act. 8. STATE may, at its option, declare this agreement void if a contract for construction of the project has not been awarded by LOCAL AGENCY on or before the end of the fiscal year following the fiscal year in which funds for the project are allocated. 9. If the project is a cooperative project and includes work on a State highway, it shall be the subject of a separate cooperative agreement between the STATE and LOCAL AGENCY. 10. The Legislature of the State of California, and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. LOCAL AGENCY shall ensure that work performed under this agreement conforms with the rules and regulations embodying such requirements where they are applicable. Any agreement or service contract entered into by LOCAL AGENCY for performance of work connected with the project shall incorporate Exhibit B attached hereto. ARTICLE II - Rights-of-Way I. Such rights-of-way as are necessary for the construction of the project shall be furnished by LOCAL AGENCY. Right-of-way costs may be included as an eligible item of total costs. 2. LOCAL AGENCY agrees to hold STATE harmless from any liability which may result in the event the right-of-way is not clear prior to award of contract. The furnishing of rights-of-way as provided for herein includes in addition to all real property required for the improvement, free and clear of obstruction and encumbrances, the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its own funds any costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights-of-way have not been made available to the contractor for the orderly prosecution of the work. 3. Should LOCAL AGENCY, in acquiring right-of-way ror the project, displace an individual, family, business, farm operation, or nonprofit organization, relocation payments and services will be provided in compliance with the applicable State laws. The public will be adequately informed of the relocation payments and services which will be available and, to the greatest extent practicable no person lawfully occupying real property shall be required to move from his dwelling or to move his business or farm operation without at least 90 days written notice from LOCAL AGENCY. ARTICLE III - Engineering I. "Preliminary engineering" as used herein includes all preliminary work related to the project, including, but not restricted to preliminary surveys and reports, laboratory work, soil investigations, preparation of plans, designs, and advertising. "Construction engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, field reports and records, estimates, final reports, and allowable expenses of employees engaged in such activities. 2. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense of personnel working on the project, required materials, and automotive expense provided, however, that LOCAL AGENCY shall contribute its general administrative and overhead expense. ARTICLE IV - Miscellaneous Provisions I. If STATE is named as a defendant in any suit arising from the construction, maintenance or operation of the project, LOCAL AGENCY will, at request of STATE, assume full responsibility for the conduct of the defense or will provide such assistance as STATE will require, and will pay any judgments issued against STATE and all costs in connection with the defense. STATE reserves the right to represent itself in any litigation in which STATE's interests are at stake. 2. LOCAL AGENCY shall maintain an accurate and detailed record of costs for this project. Such records shall be retained and made available to STATE's auditors for examination for a minimum period of three years from date of final payment of expenditures from Bicycle Transpor.tation Account. 3. Upon acceptance of the completed project by the awarding authority, or upon the contractor's being relieved of the duty of maintaining and protecting certain portions of the work, LOCAL AGENCY shall assume responsibility for maintaining the project. 4. Minor changes may be made in the project as described in Exhibit A upon notice to STATE. No major change, however, may be made in said project except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. 5. LOCAL AGENCY shall certify CEQA compliance or doc\lmentation of Categorical Exemption detennination as defined in Title 14 of the State Administrative Code-Department of Resources guidelines. 6. Nothing in the provisions of this agreement is intended to create duties or obligations to or rights in third parties not parties to this agreement or affect the legal liability of either party to this agreement by imposing any standard of care different than the standard of care imposed bylaw. 7. It is understood and agreed that neither the STATE nor any of its officers or employees is responsible for any damage or liability occurring by reason of anything done or omitted to be done in connection with the project. It is understood and agreed that pursuant to Goverriment Code section 895.4 LOCAL AGENCY shall defend, indemnify and save harmless the STATE, all officers and employees from all claims, suits or actions of every name, kind and descriptiou brought forth, or on accoUl\t of, injuries to or death.of any person including but not limited to workmen and the public, or damage to property arising out of or in any way connected to the project or the completed facility. 8. With respect to third party claims against LOCAL AGENCY arising out of or in any way connected to the project or the completed facility, LOCAL AGENCY waives any and all rights to any type of express, implied or comparative indemnity against the STATE, its officers or employees. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. ----- cr7.. '. ^~ ??1~ KEN McGUIRE, Chief Bicycle Facilities Unit Division of Local Assistance STATE OF CALIFORNIA Department of Transportation 7b.//c;6 / Date LOCAL AGENCY City of Temecula Name Date Title EXHIBIT A PROJECT DESCRIPTION AND COSTS Local Agency: City of Temecula Agreement No.:BTA 06/07-08-RIV-04 ARTICLE V - Project Location and Description of Work Location: City ofTemecula Description of Work: Preliminary engineering of a Class I Bikeway along Santa Gertrudis Creek from Diaz Road to Ynez Road. Net Length: N/A ARTICLE VI - Project Funding Fundin BTA Funds Local Funds Other Total Construction $0 $0 $0 $0 Percent 84.04% 15.96% EXHIBIT B FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM 1. In the performance of the contract, the Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, sex, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State or local agency setting forth the provisions of this Fair Employment and Housing section. 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment and Housing Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment and Housing section of this contract. 3. Remedies for Willful Violations: <a) The State or local agency will determine a willful violation of the Fair Employment and Housing provision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that the Contractor has violated the Fair Employment and Housing Act and has issued an order or obtained an injunction under Government Code Sections 12900, et seq. (b) For willful violation of this Fair Employment and Housing provision, the State or local agency shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State of local agency in securing the goods or services hereunder shall be borne and paid for the Contractor and by his surety under the performance bond, if any, and the State or local agency may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State or local agency. __________________________________________________End Exhibit B------------------------------------------- own Accounting Officer: Date: /~I $J1)tlC?J &/ / Fiscal Fund Chapter Statutes Item Year Program BC Category Source BTA Funds 47 2006 2660-101-0045 200612007 2030010660 C 220000 T $395,000 ITEM NO. 14 Approvals City Attorney Director of Finance City Manager f)N.( IJI2. ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: September 12, 2006 SUBJECT: Pauba Road Improvements - Phase II, Project No. PWOO-09, Expenditure Authorizations PREPARED BY: Amer Attar, Principal Engineer Laura Bragg, Project Engineer RECOMMENDATION: That the City Council: 1. Approve an expenditure in the amount of $28,575.00 from the Temecula Public Library, Project No. PWOO-07 for Change Order No. 5 on the Pauba Road Improvements - Phase II Project No. PWOO-09. 2. Approve an expenditure in the amount of $ 12,375.00 from the Patricia H. Birdsall Sports Complex, Project No. PW01-17 for Change Order NO.6 on the Pauba Road Improvements - Phase II Project No. PWOO-09. BACKGROUND: On January 24, 2006 the City Council awarded the Construction Contract for the Pauba Road Improvements - Phase II, PWOO-09 to Grade Pros Inc. DBA: McKenna. The work is underway and is nearing completion. On June 26, 2006, Contract Change Order #5 was approved for McKenna and its subcontractor High Light Electric to install conduit in Pauba Road for Verizon lines to service the new Temecula Public Library. This work was performed as part of the Pauba Road I mprovement, Phase II Project since the contractor was working within the Public Right of Way. This work was added to the Pauba Road Project and should be allocated to the new Temecula Public Library Capital Project. On August 28, 2006, Contract Change Order #6 was approved for McKenna and its subcontractor Sudhakar Co. to install painted striping and thermo pavement marking on Deer Hollow Way to provide access to the Patricia H. Birdsall Sports Complex. This work was performed as part of the Pauba Road Improvement, Phase II Project since the timing of Pauba Road striping coincided with the need to re-stripe Deer Hollow Way to provide access to the Patricia H. Birdsall Sports Complex, and these expenditures should be allocated to the Patricia H. Birdsall Sports Complex Capital Project. FISCAL IMPACT: The Pauba Road Improvements - Phase II is a Capital Improvement Program project funded through Development Impact Fees -Street Improvements and Measure Au Adequate funds are available in the project construction account no. 210-165-606-5804 to cover the total construction cost of$1 ,504,429.47, which includes the contract amount of $1,367,663.15 plus a 10% contingency amount of $136,766.32. Change Order NO.5 and NO.6 will be allocated to the appropriate Capital Projects. ATTACHMENTS: 1. Approved Contract Change Order #5 2. Approved Contract Change Order #6 APPRO CITY MEMORANDUM TO: FROM: Shawn Nelson, City Manager ~~William G. Hughes, City Engineer/Director of Public Works Amer Attar, Principal Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects ~ DATE: SUBJECT: June 26, 2006 Pauba Road Improvements - Phase II Project No. PWOO-09 Contract Change Order No.5 This change order provides for the following: . Directional boring work by High Light Electric to add approximately 1000 LF of two each 4" schedule 40 conduit for Verizon. These lines will service the new Temecula Library located on Pauba Road. These lines are being added at the request of the City of Temecula's Information Sys. Department. . Spoil removal by McKenna. Additional details of the compensation for the work described in this change order is as indicated in Contract Change Order No.5. As is shown below, adequate funds are available for this contract change order. Original Contract Previous CCO's This CCO Projected Contract Item over-run/under-run Total Revised Contract $1,367,663.15 $67,310.83 $28,575.00 $ 0.00 $1,463,548.98 Orig. Contingency Bal. Previous CCO's This CCO Projected Contract Item Over-run/under run Remaining Balance $ 136,766.32 $67,310.83 $ 28,575.00 $0.00 $ 40,880.49 We are recommending approval of this contract change and request your initial in the upper right hand corner. Attachment: Contract Change Order No.5 -1- R:\CIP\PROJECTS\PWOO\OO-09 PAUBA RQAD\CONSTRUCTION\CCO\CCO.005MEM.DOC CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 05 CONTRACT NO. PWOO-09 Page 1 of2 PROJECT: Pauba Road Improvements - Phase II TO CONTRACTOR: Grade Pros. Inc. DBA McKenna NOTE: This chanae order is not effective until approved bv the City Manaaer. CHANGE ORDER REQUESTED BY: Engineer 5.1 DESCRIPTION OF WORK: This is a change order to include the following items of work: . Directional boring work by High Light Electric to add approximately 1000 LF of two each 4" schedule 40 conduit for Verizon, these lines will service the new Temecula Library; . Spoil removal by McKenna; , Method of Payment: Agreed lump sum price.................................................................................................. $ 28,575:00 Total Item 5.1 ............................................................................................................... $ 28,575.00 Adjustment to working days: 0 The agreed lump sum price constitutes full compensation. including mark-ups for the work described above and no additional compensation will be allowed therefore. CCO 5 - TOTAL INCREASE .................................................... $ 28,575.00 Original Contract Amount.... ... ...... ....... ....... ..... ....... ........ .... ...... ......... ... ... ........... ........ $1,367,663.15 This Change... ... ..... .... ........... ... ... ... ...... ... ...... .... ........ ............. ....... ...... ...... ... ..... ..... ..... ... $28,575.00 Previously Approved Changes ....................................................................................... $67,310.83 Total Adjusted Contract Amount... ....... ....... ... ... ........ ....... ... .............. .... ...,... ..... ..... .... $1,463,548.98 Adjustment to Working Days ................................................................................................. 0 days R\CIP\PROJECT8\PWOD\OO-W Pauba Road\CONSTRUCTION\CCQ\06062006 CCQ#5.doc . , CITY OF TEMECULA Prepared by: CONTRACT CHANGE ORDER NO. 05 CONTRACT NO. PWOO-09 Page 2 of 2 (,1:1.1/ Dfo . Date Submitted by: Date: t!J 6,h;joh Approved: (as authorized by City Manager) o emecula - Amer Attar, P.E. Pri J:Ji!iL City of Temecula - William G. Hughes, P.E. Director of Public Works/City Engineer Date: b /lJ"<k We the undersigned contractor have given careful consideration to the change proposed and hereby agree: If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above; and, perform all services necessary for the work specified above, and will accept as full payment the prices listed above. Accepted: Date: \.D ~ '2..<-_ - ~ \.0 Contractor: Grade Pros, Inc. DBA McKenna Company name BY:~ K) ~ . ~~~gignature . ..;':-:' Name: \ / C ~'t>I"~' 'S, \. '('~_"VV~ Printed Title: V '0. _ e. , J:,.: c--<......'. ev.. j)>... --<. \ ~ ") If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. R\CIP\PROJECTS\PWOo\OD-09 Pauba Road\CONSTRUCTION\CCO\06062006 CCO#5.doc APPROVAL CITY M GER MEMORANDUM TO: FROM: , ,/Shawn Nelson, City Manager vi JY William G. Hughes, City Engineer/Director of Public Works Amer Attar, Principal Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects DATE: August 22, 2006 SUBJECT: Pauba Road Improvements - Phase II Project No. PWOO-09 Contract Change Order No.6 This change order provides for the following: . Install painted striping and thermo pavement markings on Deer Hollow Way. This is being added to accommodate access to the P~tricia H. Birdsall Sports Park Complex. . Substitute a 16' wide pipe gate for driveway #4 in lieu of demountable posts. This is per the request of MWD and the result is a cost savings. . Account for delays to the Contractor caused by utility relocation. Additional details of the compensation for the work described in this change order is as indicated in Contract Change Order No.6. As is shown below, adequate funds are available for this contract change order. Original Contract Previous CCO's This CCO Projected Contract Item over-run/under-run Total Revised Contract $1,367,663.15 $95,885.83 $11,905.50 Orig. Contingency Bal. Previous CCO's This CCO Projected Contract Item Over-run/under run Remaining Balance $ 136,766.32 $95,885.83 $ 11,905.50 $ 0.00 $1,475,454.48 $0.00 $ 28,974.99 We are recommending approval of this contract change and request your initial in the upper right hand corner. Attachment: Contract Change Order No.6 -1- R:\CIP\PROJECTS\PWOO\OO-09 PAUBA RQAD\CONSTRUCfIQN\CCO\CCO.c106MEM.DOC CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 06 CONTRACT NO. PWOO-09 Page 1 of 3 PROJECT: Pauba Road Improvements - Phase II TO CONTRACTOR: Grade Pros. Inc. DBA McKenna NOTE: This chanae order is not effective until approved bv the Citv Manaaer. CHANGE ORDER REQUESTED BY: Engineer 6.1 DESCRIPTION OF WORK: This is a change order to include the following items of work: Install painted striping. thermo 8" line and thermo markings, install reflective markers and remove conflicting striping on Deer Hollow Way per the "Signing and Striping Plan - Deer Hollow Way". Traffic control is also included. Method of Payment: . Agreed lump sum price .....................................................,.........................................$.12.375.00 Total Item 6.1 ...................................................................................;.......................$..12,375.00 Adjustment to v.urking days: 0 The agreed lump sum price constitutes full compensation. including mark-ups for the work described above and no additional compensation will be allowed therefore. 6.2 DESCRIPTION OF WORK: Substitute a 16' wide pipe gate for driveway No.4 in lieu of demountable posts as describe in bid item #48: This substitution will result in a net decrease of $469.50 to the total contract amount. The decrease is due to the difference between the three demountable posts ($3687) and the pipe gate of ($3217.50). Installation shall be per MWDs requirements and foundations shall conform to the Standard Specifications section 303-1 "CONCRETE STRUCTURES". and the special provisions. Due to the procurement time additional day.; will be required. Method of Payment: The Contractor shall invoice for bid item #48 at the contract price of $3687 and this credit of $469.50 shall reimburse the City for the difference in cost for the substitution of the pipe gate.............................................""".....""...............................$.(469.50) Total Item 6.2 .........................;............. ".. "........................................................... .......$(469.50) . Adjustment to v.urking days: 7 The agreed lump sum price constitutes full compensation, including mark-ups forthe work described above and no additional compensation will be allowed therefore. R;\CIPIPROJECTS\PWOO\OQ-09 Pauba Road\CONSTRUGTION\CCQ\06062006 CC0#6.doc , CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 06 CONTRACT NO. PWOO-09 Page 2 of 3 6.3 DESCRIPTION OF WORK: This is a no cost item that grants the contractor additional working days due to items beyond their control such as; So. Cal. Edison Transformer relocation - 14 days Verizon & Adelphia facility relocations - 5 days Method of Payment: There is not cost associated with this item ............................................................................. $ 0.00 Total Item 6.3 ........................................................................................................................ $ 0.00 Adjustment to working days: 19 The agreed lump sum price constitutes full compensation, including mark-ups for the work described above and no additional compensation will be allowed therefore. CCO 6 - TOTAL INCREASE .................................................... $ 11,905.50 Original Contract Amount........................................................................................... $1 ,367,663.15 This Change............ ................. .........................,...................... ........... ........................... $11,905.50 Previously Approved Changes ....................................................................................... $95,885.83 Total Adjusted Contract Amount....;,........................................,............................~.... $1 ,475,454.48 Adjustment to Working Days ............................................................................................... 26 days Prepared by: Date %/a.'~b City of Temecula- Project Engineer Submitted by: . ._pate: &#766 / Approved: (as authorized by City Manager) Date: Q ..., r u.-,(.v..,->>- R:\CIP\PROJECTS\PWOO\oo..og pauba Road\CONSTRUCTION\CCO\06062006 C,CO#6.doc . CONTRACT CHANGE ORDER NO. 06 CONTRACT NO. PWOO~9 Page 3 of 3 We the undersigned contractor have given careful consideration to the change proposed and hereby agree: If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above; and, perform all services necessary for the work specified above, and will accept as full payment the prices listed above. CITY OF TEMECULA Accepted: By: Contractor: Grade Pros, Inc. DBA McKenna Company name fl~~cl E~/4<<r Date: Title: Name: If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. R:\CIP\PROJECTS\PWQO\OQ-09 Pauba Road\CDNSTRUCTION\CC0\06062006 CCO#6.do~ ITEM NO. 15 Approvals City Attorney Director of Finance City Manager ~r- CIl ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: September 12, 2006 SUBJECT: Bus Bench Upgrades - Project No. PW02-17, Construction Services Agreement PREPARED BY: Amer Attar, Principal Engineer Laura Bragg, Project Engineer RECOMMENDATION: That the City Council: 1. Approve a Construction Services Agreement for the installation of Bus Shelter Trash Receptacles and Pads, at all locations of the Bus Benches Upgrade Project, Project No. PW02-17, with Sutherlin Contracting, Inc., in the amount of $30,811.00 and authorize the Mayor to execute the contract. 2. Authorize the City Managerto approve change orders notto exceed the contingency amount of $3,081.10, which is equal to 10% of the contract amount. 3. Approve an appropriation in the amount of $20,000 from General Fund - Capital Project Reserves for the installation, construction, and administration costs for this project. BACKGROUND: The original Bus Bench Upgrade Project, Project No. PW02-17 contract was awarded on May 10, 2005 and accepted by City Council on December 13, 2005. Through this contract, 24 bus shelters with solar lighting and 24 bus benches were installed at various bus stops throughout the City. The project was funded through a Federal Transportation Administration (FT A) grant in addition to a local match funded with Capital Project Reserves. Additional grant money still remains unspent. Through this Construction Service Agreement, a trash receptacle will be placed on a concrete pad at each of the 24 locations. These trash receptacles and pads will be installed next to the recently installed bus benches and shelters. The location list is attached. The City is sole sourcing the agreement to Sutherlin Contracting, Inc. since they were the contractor who installed the bus shelters and benches under the Bus Benches Upgrade project and since that work is still under warrantee by Sutherlin Contracting, Inc. FISCAL IMPACT: The Bus Bench Upgrades Project is a Capital Improvement Program project funded through a Federal Transportation Administration (FTA) grant and Capital Project Reserves. A total of $20,639.00 in FT A grant monies are available on a reimbursement basis for this project. The appropriation of funds in the amount of $20,000 from General Fund - Capital Project Reserves is necessary to cover the administration and total construction costs and provide a match for the federal grant. The total construction cost for the trash receptacles and the concrete pads is $33,892.10, which includes the contract amount of $30,811.00, plus the 10% contingency amount of $3,081.10 ATTACHMENTS: Location List Construction Service Agreement (/) z o i= <"", 0.... 0' ...J~ 0.0 3: a. l- (/) (/) :J m Z "C "C "C "C "C "C "C "C "C "C "C "C "C "C "C "C "C "C 0 c: c: "C "C "C c: c: c: c: c: c: c: "C c: c: c: c: c: c: c: "C _c: c: :::I :::I c: c: c: :::I :::I :::I :::I :::I :::I :::I c: :::I :::I :::I :J :J :J :J c: :J :J i= a a :J :J :J a a a a a a a :J a a a a a a a :J a a 0 aJ aJ a a a aJ aJ aJ aJ aJ aJ aJ a aJ aJ aJ aJ aJ aJ aJ a aJ aJ aJ aJ aJ aJ aJ W - - .<= .<= .<= .<= .<= .<= .<= 1ii 1ii .<= .<= .<= .<= .<= 1ii 1ii Ul Ul 1ii 1ii 1ii t - t - t 'S t 1ii t t 'S 'S 'S 1ii 0:: Q) Q) :J :J Q) Q) Q) Q) c :s: :s: CIl CIl CIl a a 0 a a a 0 CIl :s: :s: a a a a a CIl :s: :s: UJ UJ UJ 2 CI) 2 CI) 2 CI) 2 UJ 2 2 CI) CI) CI) UJ Ul Ul Ul ~ - a. a. 9- c: >< a Q) UJ <l: <l: ~ Q) E c: 1ii 1ii Qi Q) Q) "C t CIl a "E ~ :> "C Q) Q) Cl -'" CIl Ul c: ~ :s: :s: Q) CIl :c Ul 0 a. 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LL LL LL 0:: 0:: :2 :2 :2 :2 >- 0:: ~ N '" "<t It) CD ..... <Xl Ol a ~ N '" "<t It) CD ..... <Xl Ol a ~ N '" "<t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N N N Q) c: "CQ) (l) ._ Q) :!2C1)2: CI) ~ Q) ~CIlaJ co <IJ II LL2:> II II > Cl)CI)I- LL2aJ CITY OF TEMECULA CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES INSTALLATION OF BUS SHELTER TRASH RECEPTACLES AND PADS BUS BENCH UPGRADES PROJECT NO. PW02-17 THIS CONSTRUCTION CONTRACT, made and entered into as of September 12, 2006 by and between the City of T ernecula, and Sutherlin Contracting, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Term. This Agreement shall cornmence on September 12, 2006, and shall remain and continue in effect until December 31, 2006, unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall construct 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 Contract, Contractor shall receive the sum of Thirty Thousand Eight Hundred Eleven Dollars and No Cents ($30,811.00) payable in accordance with the Schedule of Payrnents, 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, perforrn all tasks described herein. Contractor shall employ, at a rninimum, 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 perforrned 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 OF 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 clairn for payment. 1 R:ICIPIPROJECTSIPW02IPW02-17 BUS BENCH UPGRADElSUTHERLlN INSTALL PURCHASE TRASH BINS.DOC 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 diern 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 rernainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor 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 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 thatthe 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 Agreernent. 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 or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 2 R:ICIPIPROJECTSIPW02IPW02-17 BUS BENCH UPGRAOElSUTHERLlN INSTALL PURCHASE TRASH BINS.OOC 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. 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 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 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 R:ICIPIPROJECTSIPW02IPW02,17 BUS BENCH UPGRADEISUTHERLlN INSTALL PURCHASE TRASH BINS.DOC (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. Acceptabilitvof 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 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 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. 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 rnanner 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 Agr.eernent, 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 perforrning services hereunder. 4 R:ICIPIPROJECTSIPW02IPW02-17 BUS BENCH UPGRADEISUTHERLlN INSTALL PURCHASE TRASH BINS. DOC 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 utilityfacililies 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. 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, discrirninate in its ernployment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R\CIPIPROJECTSIPW02\PW02-17 BUS BENCH UPGRADEISUTHERLlN INSTAll PURCHASE TRASH BINS.DOC 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: Sutherlin Contracting, Inc. 2007 Muira Lane EI Cajon, California 92019-4260 Attention: Brian Sutherlin 25. ASSIGNMENT. The Contractor shall not assign the performance ofthis 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 California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 28. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during hislher tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of T emecula 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. 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 Agreernent 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. /III /11/ 6 R:\CIPIPROJECTSIPW02\PW02'17 BUS BENCH UPGRADElSUTHERLlN INSTALL PURCHASE TRASH BINS.DOC 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 CONTRACTOR Sutherlin Contracting, Inc. 2007 Muira Lane EI Cajon, CA 920194260 (619) 588-8895 Kristi Sutherlin, President David 8. Sutherlin, SecretarylTreasurer 7 R:\CIPIPROJECTSIPW02\PW02-17 BUS BENCH UPGRADE\SUTHERLlN INSTALL PURCHASE TRASH BINS.DOC EXHIBIT A SCOPE OF WORK AND SCHEDULE OF PAYMENT 8 R:\CIPIPROJECTS\PW02\PW02-17 BUS BENCH UPGRADE\SUTHERLlN INSTALL PURCHASE TRASH BINS.DOC AUG J6,2006 04:16P 000-000-00000 page 2 SUTHERLIN CONTRACTING, INC. 2007 MUll'" LANE EL CAJO'l. CA.92019-42EJO (819) S88-889S FAX (819) 1579-1993 CONTRACTORS LICENSE No. 787127 To: Julie Dauer City of Temecula 43200 Business Park Drive Temecula, CA 92569-9033 Date: August 16, 2006 Project: Bus Shelter Trash Receptacles and pads, Descriotion: Pour approximately 19 concrete pads, for trash receptacles, to accommodate 4' wheelchair clearance. Procure and install 24 Tolar, steel strap, 32 gallon trash receptacles. $30,811.00 Contact: Brian Sutherlin (619) 729-4321 -... ITEM NO. 16 Approvals City Attorney Director of Finance City Manager ~ IJI2. ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: September 12, 2006 SUBJECT: Completion and Acceptance for Citywide Concrete Repairs Fiscal Year 2005 2006 - Project No. PW06-02 PREPARED BY: Greg Butler, Principal Engineer William Becerra, Assistant Engineer RECOMMENDATION: That the City Council: 1. Accept the Project, Citywide Concrete Repairs Fiscal Year 2005-2006, Project No. PW06-02, as complete and; 2. File a Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On March 21,2006, the City Council awarded a construction contract in the amount of $95,257.50 to S. Parker Engineering, Inc. for Citywide Concrete Repairs Fiscal Year 2005-2006, Project No. PW06-02. The scope of work forthis project included improvements to sidewalks, curb & gutter, cross gutters, driveway approaches, access ramps, and under sidewalk drains. All work was based on the Public Works Maintenance Division's recommendations. The contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The construction retention for this project will be released on, or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: The Citywide Concrete Repairs Fiscal Year 2005-2006, Project No. PW06-02 was funded via the Public Works Department Maintenance Division FY2005-06 Budget for Routine Street Maintenance, Account No. 001-164-601-5402. The total project cost was $97,411.50. ATTACHMENTS: 1. Contractor's Affidavit and Final Release 2. Maintenance Bond 3. Notice of Completion CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW06-02 CITYWIDE CONCRETE REPAIRS FY 2005-2006 This is to certify that S. Parker Engineer:ill~~e~Ci~after the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW06-02, CITYWIDE CONCRETE REPAIRS FY 2005-2006, situated in the City of Temecula, State of California, more particularly described as follows: . Various city streets in the City of Temecula INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said. Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: J Description Dollar Amount to Dispute no .00 Pursuant to Public Contract Code 97100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: August 5. 2006 CONTRACTOR By: ,$) -- Steve T. Parker - President Print Name and Title RELEASE R-l R:\CIPIPROJECTSIPW06IPW06-02 Ci1jwide Concrete FY 2005-06\SpecsIPW06-02 Specs.doc CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW06-02 CITYWIDE CONCRETE REPAIRS FY 2005-2006 KNOW ALL PERSONS BY THESE PRESENT THAT: BOND # 6327043 001 PREMIUM INCLUDED ON PERFORMANCE BOND S. PARKER ENGINEERING, INC. 2783 TERN CIRCLE, COSTA MESA, CA 92626 NAME AND ADDRESS CONTRACTOR'S a CORPORATION (fill In _tller<< C""""otlon, Parlnorohlp or Ine/Me/lIsl) . hereinafter called Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF 120 VANTIS, ALlSO VIEJO, CA 92656 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held end firmly bound unto CITY OF TEME:CULA, hereinafter called OWNER, in the penel sum of NINE THOUSAND SEVEN HUNDRED FORTY ONE------- ------------------------------------------------- DOLLARS and FIFTEEN---------------------------- CJ:NTS ($ 9,741.15--------------) in lawful money of the United Stetes, 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 peyment of which, we bind ourselves, succeSSOlli, and assigns, Jointly end 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 21ST day of MARCH , 2006. a copy of which Is hereto attached and made a part hereof for the construction of PROJECT NO. PW06- 02, CITYWIDE CONCRETE REPAIRS FY 2005-2006. WHEREAS, seid Contract provides that the Principal will furnish e bond conditioned to guarantee for the period of ~ (1) year after approval of the flnal estimate on said job, by the OWNER, egalnst ell defects In workmenshlp and materials which may become apparent during seld period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on _ JUNE 15 ,2006. NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the flnal 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, end 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 reesonable 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 es costs and Included in any Judgment rendered. MAINTENANce BONO Mol R:\CIPIPROJECTSIPW06\P\//06.o2 CI~<Io Concrofa FY 2005.oo\Speal\PW08.(I2 S""".doc , The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contrect, or to the work to be performed thereunder, or to the specifications eccompanying the same, shall in eny way affect its obligetlons on this bond, and It does hereby waive notice of any such change, extension of time. alteretion, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 7TH day of AUGUST ,2006, (Seal) By: ~.----, DWIGHT REILLY INama) ATTORNEY-IN-FACT (TlUa) S. PARKER ENGINEERING, INC. PRINCIPAL BY~~~ ...~ Steve T. Parker (Name) President FIRST NATIONAL INSURANCE COMPANY OF AMERICA SURETY . (TIUe) By: APPROVED AS TO FORM: (Name) Peler M, Thorson, City Attorney (TiUe) MAINTENANCE BOND M-2 R:\CIPlPROJEcrSIPW06\PWOUI2 Cltrwlde Co/ICIotO F'f 2005-OOlSptlcs\Pwoe.o2 S_.doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On AUGUST 7TH, 2006 ,before me, Dale personally appeared J@U-. ~ -~= - #.R-.~.~.7~.. - J. i. I'IOIaIyPubIIC ~ CdlfomIa j j OJangeCQuntv- MVComm. &pIres'o,c 23. ~ iiJ'~ ~ ~.~'.. _._ _ _~ Place Nolary Seal AboV8 } ss. ALLISON RITTO, NOTARY PUBLIC Name and Tille of Otlicer (e.g., "Jane Doe, Notary Public") DWIGHT REILLY Name(s)oISigner(s) eg personally known to me D proved to me on the basis of satisfactory evidence to be the perso~ whose nam$l isiMe subscribed to the within instrument and acknowledged to me that he,leR8,~A8\' executed the same in his,'I....,,'lI.<..il authorized capacit~, and that by his.'1.81.'tl.eir signatureteTon the instrument the persont&), or the entity upon behalf of which the perso~ acted, executed the instrument. WITNE~ Signature of No ary Public ALLISON RITTO 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. Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - 11tle(s): o Partner - 0 Limited 0 General ~ Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA Description of Attached Document litle or Type of Document: Document Date: AUGUST 7TH 2006 Signer(s) Other Than Named Above: MAINTENANCE BOND Number of Pages: 2 NONE DWIGHT REILLY . Top of thumb here '" " I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTYOF Dral1J'?. ) ) before me, ..M:c.\".eUp- Mr;A),:1;/0 A/Il'<':!r'y A.h/;o NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC On A'Jj "? ?{)Olo DATE personally appeared, DTP'VP T: Parr::.f'r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/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, WI1NESS my hand and official seal. r;t 1- J1~y1/Jjf/'_C) NOTARY PUBLIC SIGNATURE ~_.........-..........-..........-....~-( O.l@lMICHELLEMCNEILL1:: COMM. # 1614119 Cl - . NOTARY PUBLIC. CALIFORNIA GtO ::! ORANGE COUNTY I COMM. EXPIRES OCT. lB, 2009 t ,,~.....~~.........._...-_.....-- OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS REL YlNG ON nus NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTIIER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRINT RIGHT THUMBPRINT ~ SAFECO. FIRST NATIONAL SURETY PO BOX 34526 SEATfI.E. WA 98124-1526 KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY FIRST NATIONAL INSURANCe: COMPANY OF AMERICA PO BOX 34526 SEATTlE. WA 96124.1526 No. 9551 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint ...........................................................11. J. DUECK; DWIGHT REILLY; Anaheim, California..........................................,......... its true and lawful attomey(s)-ln-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character Issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 11th day of January , 2005 CHRISTINE MEAD, SECRETARY ~k jA'-~\~ MIKE MCGAVlCK, PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V, Sectlon 13. - FIDELITY AND SURETY BONDS ... tlle President, any Vice President, the Sea-elary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of lis business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, 'or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided, however, \hat the seal sha\\ not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL.INSIlRANCE COMPANY OF AMERICA adopted July 26. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Artide V, Section 13 ofthe 'By-Laws, and (Ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appoIntment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsImile thereof." I, Christine Mead, SeCTEltary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoIng extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 7TH day of AUGUST 2006 CHRISTINE MEAD. SECRETARY S-1049IFNEF 7198 <<> A registered lrademark of SAFECO Corporation 01/11/2005 PDF RECOROING REQUESTEO BY ANO RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive T emecula. 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 S. Parker Engineering, Inc., 10059 Whippoorwill Ave, Fountain Valley, CA 92708 to perform the following work of improvement: CITYWIDE CONCRETE REPAIRS FY2005-2006 PROJECT NO. PW06-02 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 SeDtember 12. 2006. That upon said contract the First National Insurance ComDanv of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Citywide Concrete Repairs FY2005-2006 Project No. PW06-02 6. The location of said property is: Various Streets within Temecula, California Dated at Temecula, California, this 12th day of September, 2006 City of Temecula 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 12th day of September, 2006. City of Temecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PW06\PW06-02 Citywide Concrete FY 2005-06\Agreements\Notice of Completion.doc Form ITEM NO. 17 Approvals City Attorney Director of Finance City Manager ~('" 1112. 98 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: September 12, 2006 SUBJECT: Purchase EZ Drop Book Return Carts for the Temecula Public Library Project NO.PWOO-07 PREPARED BY: Amer Attar, Principal Engineer Bill McAteer, Project Manager RECOMMENDATION: That the City Council approve the purchase of seven (7) EZ Drop Book Return Carts from Vernon Library Supplies in the amount of $26,703.00 for the Temecula Public Library Project No. PWOO-07. BACKGROUND: The original Book Return Drop Carts that were part of the construction contract were not compatible with the new Radio Frequency Identification System (RFID) and Book Sorter that have were purchased from Vernon Library Supplies. We received a credit from the original vendor Yamada in the amount of $28,000.00. The original bid item for the book return drop carts will be deleted from the original construction contract. We received a quote from Vernon Library Supplies for the EZ Drop Book Return Carts that are compatible and interchangeable with the existing RFID Book Sorter System. FISCAL IMPACT: The Temecula Library is a Capital Improvement Project funded through Capital Project Reserves, Development Impact Fees - Library Mitigation/Facilities, Proposition 14 - State Library Grant Funds, Reimbursement/Other - Riverside County, Reimbursement/Other - Friends of the Library, and Reimbursement/Other CSA 143 funds. Adequate funds are available for the purchase of the RFID EZ Drop Book Return Cart equipment. ATTACHMENTS: Vernon Quote ~~~~:IJ~ Quote 1"11(' 1.\ TU.rf(If.\r <lw;ct!l'r I.ibmrie,\ Vemon Library Supplies 2851 Cole Court Norcross, GA 30071 800.878-0253 (770)446-1128 Sold To: The City of Temecula 43200 Business Park Drive Bill McAteer Temecula, CA 92690 Confirm To: Ship To: The City of Tamecule 43200 Business Park Drive Bill McAteer Temecule, CA 92590 Order Number: C8568R Ordar Date: 811712006 Salesperson: CAOl Customer Number: 00.C41326 Page: Customer P.O. F.O.B. Ship VIA UPS Item Number Unit Ordered Shipped 7.000 0.000 Whse: 000 EZD4646 EACH EZ Drop Book Retum Cart door on front EZ14CART EACH 8.000 0.000 EZ Drop Book Retum Cart Whse: 000 Shipping quote of $270.00 from vendor Please order Ii minimum of 30 days In advance All prices hav.l0% discount epplled and are net Please verify shipping and billing addresses before shipment Terms Nell0 Back Order 0.000 0.000 Prica 2,645.3143 600.9760 Net Order: Less Discount: Freight: Sales Tax: Order Total: Amount 19,917.20 4,807.80 24,725.00 0.00 270.00 0.00 24,995.00 ITEM NO. 18 Approvals City Attorney Director of Finance City Manager V /112. 9g CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John.Meyer, Redevelopment Director DATE: September 12, 2006 SUBJECT: License Agreement for the Global Community Foundation RECOMMENDATION: That the City Council approve the License Agreement between the City of Temecula and the Global Community Foundation to locate a modular office building and storage container at the Temecula Community Center. BACKGROUND: The Global Community Foundation (Foundation) is a local non-profit with a focus and commitment to make the local community healthier and stronger. They focus in four program areas that consist of organizational, development, facility, and program development. The Foundation is partnering with the T.E.A.M. Community Pantry (Pantry) to relocate the Pantry to the modular office building. This interim facility enables the Pantry to serve the community, while the Foundation and the City cooperate to establish a permanent facility. The term of the license agreement is for two years ending August 22, 2008, with an opportunity for a one year extension of time. The license fee will be $1 per year and the Foundation will be responsible for all other costs. This will allow the Pantry through the Foundation to better provide their services to the community. FISCAL IMPACT: The Foundation will pay the $1 per year License Fee. ATTACHMENTS: License Agreement LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND GLOBAL COMMUNITY FOUNDATION FOR USE OF CITY REAL PROPERTY THIS LICENSE AGREEMENT is entered into by and between the City of Temecula, a municipal corporation ("City") and Global Community Foundation a California non-profit corporation ("Licensee") and is made as of September 12, 2006. In consideration ofthe mutual agreements contained herein, the parties hereto agree as follows: I. Recitals. This Agreement is made with respect to the following facts and for the following purposes, which each ofthe parties hereto acknowledge as true and correct: a. The City is the owner of certain real property in the City of Temecula generally known as the Temecula Community Center located at 28816 Pujol Street, Temecula, California, and identified as Assessor's Parcel Number 922-100-026 (hereafter "Community Center Site"). b. The Licensee is a non-profit corporation that provides community services for the Temecula area. c. The City is willing to grant this License to Licensee in consideration of and recognition ofthe community services provided to the community by the Licensee. d. The City and Licensee desire to enter into this Agreement to provide the terms and conditions upon which Licensee shall use the portion ofthe Community Center Site described below. 2. Right to Use Portion of Communi tv Center Site. City hereby grants a license to Licensee to use that portion of the Community Center Site described on Exhibit "A," attached hereto and incorporated herein (hereafter referred to as "Subject Property"), to install a temporary modular building on the Subject Property at the location shown on Exhibit "B," attached hereto and incorporated herein, subject to the terms and conditions ofthis Agreement. a. Licensee agrees that it shall install a temporary modular building that is approximately 1,400 square feet at the location shown on Exhibit "B". Said temporary modular building shall not exceed a width of twenty-four feet (24'), a length of sixty-four feet (64') and a height offourteen feet (14'). b. Licensee shall obtain all applicable permits and approvals from the City of Temecula needed for the temporary modular building. Nothing in this Agreement shall be construed as approval of such permits. c. Licensee shall be responsible for all costs associated with the temporary modular building, including, but not limited to, all necessary permits, costs of transportation of 11086/0111/909661-2 -1- the modular building to the Subject Property, installation ofthe modular building at the Subject Property, utility-connection costs, and all rental costs and fees associated with the modular building. d. Licensee agrees that it shall sublease the entire Subject Property at the Community Center Site described herein to TEAM Community Pantry for the term set forth in Section 3.a., below. Licensee further agrees that if TEAM Community Pantry does not wish to sublease the Subject Property from Licensee, this Agreement shall be voidable, and at the City Manager's election, shall constitute a default. 3. Term of License to Use Communitv Center Site. a. Duration. The "Term" ofthis Agreement shall be two years, commencing on the date ofthis Agreement and ending on August 22, 2008. b. Right to Terminate Agreement. Either party may terminate this Agreement for any reason by providing a sixty (60) day written notice oftermination to the other party at the addresses shown in Section 12, below. c. Notice of Desire to Extend Term. At least two (2) months prior to the scheduled August 20, 2008 expiration ofthe Term of this Agreement, Licensee shall give written notice to the City at the address shown in Section 12, below of Licensee's desire to further extend the Term of this Agreement for one (1) additional year through August 22, 2009. The Term shall be extended for one (l) additional year through August 22, 2009 only if such extension is approved by the City Manager in writing. Nothing in this section shall be construed as an obligation of City to extend the Term, nor shall it be construed as granting Licensee any option to extend the Term, regardless of whether or not Licensee provides the notice described herein. 4. Responsibilities of the Parties. Licensee may place one roll-off storage container adjacent to the temporary modular building at its sole cost and expense. Licensee shall obtain all applicable permits and approvals from the City of Temecula for this storage container. Licensee shall maintain the temporary modular building, storage container, and surrounding area in a neat and clean condition. 5. Liens. Licensee shall not directly or indirectly create or permit to be created or to remain any mortgage, lien, encumbrance, charge or pledge ofthe Subject Property. Licensee shall defend, indemnify and hold City harmless, pursuant to Section 7, below, from any liens that may attach to the Community Center Site or to the Subject Property arising from the use ofthe temporary modular building for the operation of the TEAM Community Pantry. 6. Return ofthe Propertv. Upon termination ofthis Agreement, Licensee shall remove the temporary modular building from the Subject Property at its sole cost and return the Subject Property in as good a condition and repair as the Subject Property existed as ofthe date ofthis Agreement. 11086/0111/909661-2 -2- 7. Indemnification. Licensee shall defend, indemnify, assume all responsibility for and hold the City, and its officers, officials, agents, employees and volunteers, hannless from all costs (including attorneys fees and costs), claims, demands, mechanics liens, liabilities or judgments for injury or damage to property and injuries to persons, including death that may be caused by any of the actions or inactions ofthe Licensee or users ofthe Subject Property or that may result from the Licensee's use ofthe Subject Property, whether such actions or inactions or use by Licensee or any person directly or indirectly employed or contracted with by Licensee and whether such action shall accrue or be discovered before or after termination ofthis Agreement. This section shall survive termination ofthis License Agreement. 8. Insurance Requirements. Licensee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance ofthe work hereunder by the Licensee, its agents, representatives or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as the following coverages and any updated industry standard policies: (I) Insurance Services Office Commercial General Liability coverage (occurrence form No. CG 00 0111 85 or 88). (2) Insurance Services Office Business Auto Coverage from CA 00 0 I 0692 covering Automobile Liability, code I (any auto). If the Licensee 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. Ifthe Licensee has no employees while performing under this Agreement, worker's compensation insurance is not required, but Licensee shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Licensee shall maintain limits no less than: (I) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage for Licensee or its tenant (or assigns). If Commercial General Liability Insurance or other form with a general aggregate limit is issued, either the general aggregate limit shall apply separately to the Subject Property or the general aggregate limit shall be twice the required occurrence limit. (2) Worker's Compensation as required by the State of California. (3) Employer's Liability: One Million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Director of Finance. At the option ofthe Director of Finance, either the insurer shall reduce or eliminate such deductibles or self-insured 11086/0111/909661-2 -3- retentions as respects the City, its officers, officials, agents, employees or volunteers, or the Licensee shall procure a bond guarantee 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: (l) The City, its officers, officials, agents, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf ofthe Licensee; products and completed operations of the Licensee; premises owned, occupied or used by the Licensee; or automobiles owned, leased, hired or borrowed by the Licensee. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, agents, employees or volunteers. (2) For any claims related to the Licensee's use ofthe Subject Property, the Licensee'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, agents, employees or volunteers shall be in excess of the Licensee's insurance and shall not contribute with Licensee's insurance. (3) Any failure to comply with reporting or other provisions ofthe policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, agents, employees or volunteers. (4) The Licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits ofthe 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 (3) 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 City. Self- insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Licensee shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bond 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 Licensee begins to use the Subject Property. As an alternative to the City's forms, the Licensee's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 9. Assignment and Subletting. Licensee shall not assign its interest in this 11086/0111/909661-2 -4- Agreement or in the Subject Property to any person or entity other than TEAM Community Pantry without first obtaining the City Manager's written consent. The sublease between Licensee and TEAM Community Pantry shall provide that TEAM Community Pantry shall not sublet or assign its interest in the Subject Property to any person or entity without first obtaining the written consents of the City Manager and Licensee. Any assignment without the City Manager's prior written consent shall be voidable and, at the City Manager's election, shall constitute a default. 10. Use Restrictions. Licensee agrees to maintain the Subject Property in a clean and neat condition, free and clear of garbage, weeds, and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. 11. Utilities. Licensee or its tenant (or assigns) shall pay for all utility costs incurred on the Subject Property for the periods when Licensee is using the Subject Property. 12. 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 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 ofthe party as set forth below or at any other address as that party may later designate by written notice to the other party: City: CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Licensee: GLOBAL COMMUNITY FOUNDATION 9995 Technology Drive Murrieta, California 92563 13. Taxes. Licensee shall pay any possessory interest taxes, and general and special assessments, if any, which may levied against the modular building described at Section 2 above as a result of Licensee's use of the Subject Property. 14. Interpretation. Each party had the full opportunity to participate in the drafting of this Agreement and, therefore, the Agreement shall not be interpreted against any party on the ground that the party drafted the Agreement or caused it to be prepared. 15. Authoritv to Enter Into Agreement. Each person signing below personally warrants and represents to the City that the Licensee has approved this License, intends to be bound by its terms and that they are duly authorized to execute this License Agreement on behalf ofthe Licensee. 11086/0111/909661-2 -5- 16. Entire Agreement. This Agreement and any documents attached hereto or mentioned herein, contain all of the Agreements ofthe parties regarding the Subject Property, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 17. Amendments. No provision ofthis Agreement may be amended except by the written agreement of both parties. 11086/0111/909661-2 -6- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date first above written. Global Community Foundation, a California Non-Profit Corporation By: Name: Title: By: Name: Title: CITY OF TEMECULA Ron Roberts Mayor ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney 11086/0111/909661-2 -7- EXHIBIT "A" DESCRIPTION OF SUBJECT PROPERTY The portion of the Temecula Community Center Site that is the subject ofthis License and referenced in Paragraph 2 ofthis Agreement consists of an approximate _ square foot area ofthe southern portion ofthe real property owned by the City of Temecula located at 28816 Pujol Street, Temecula, California, 92590 and identified as Assessors Parcel Number 922-100- 026. The Subject Property is depicted on Exhibit "B" hereto. 11086/0111/909661-2 -8- LEGAL DESCRIPTION A PORTION OF PARCEL 2, AS SHOWN BY PARCEL MAP 8248, ON FILE, IN BOOK 32 PAGE(S) 16 THROUGH 18, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2; THENCE ON THE NORTHEASTERLY LINE OF SAID PARCEL 2, NORTH 15041' 01" WEST, 2,363.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID LINE, SOUTH 74018' 45" WEST, 69.01 FEET TO THE NOTHEASTERLY RIGHT OF WAY LINE OF THAT CERTAIN 60' ROAD RIGHT OF WAY PER RIVERSIDE COUNTY DEED PLAT 700-JJ, AS SHOWN ON SAID PARCEL MAP NO. 8248; THENCE, ON SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 15041' 15" EAST, 1,262 FEET; THENCE LEAVING SAID LINE, NORTH 74018' 45" WEST, 69 FEET, MORE OR LESS, TO THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE, ON SAID NORTHEASTERLY LINE NORTH 15041' 15" WEST, 1,262 FEET TO THE TRUE POINT OF BEGINNING. APN :922-1 00-026- 2 C:\WINDOWS\apsdoc\nettemp\4628 $ASQpdf817027.doc L -----... -........ r~..... ----................. TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 19 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 22, 2006 A regular meeting of the City of Temecula Community Services District was called to order at 7:25 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero ABSENT: o DIRECTORS: None. Also present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 20 Minutes RECOMMENDATION: 20.1 Approve the minutes of August 8, 2006. (Director Roberts abstained with regard to this item.) 21 Theater Performance Contracts for October 4. 2006 RECOMMENDATION: 21.1 Authorize the City Manager to approve a one-time expenditure in an amount not to exceed $50,000 for the Old Town Temecula Community Theater encore entertainment performance for 2006. MOTION: Director Edwards moved to approve the Consent Calendar. Director Naggar seconded the motion and electronic vote reflected approval with the exception of Director Roberts who abstained from Item No. 20.1 CSD BUSINESS 22 Old Town Temecula Community Theater Recap and Temecula Presents Season RECOMMENDATION: 22.1 Receive and file the report recapping the Old Town Temecula Community Theater inaugural year and presenting the 2006/2007 Temecula Presents season. R:\Minutes\082206 Theater Manager Beers, by way of PowerPoint Presentation, recapped the Old Town Temecula Community Theater inaugural year and presented the 2006/2007 Temecu/a Presents Season. Expressing their enthusiasm for the inaugural year of the Old Town Community Theater, the Council commended staff for it:nard work and dedication. It was the consensus of the City Council to receive the file this report. CSD GENERAL MANAGERS REPORT No additional comments. CSD BOARD OF DIRECTORS REPORTS No additional comments. CSD ADJOURNMENT At 7:40 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 12, 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\082206 2 ITEM NO. 20 Approvals City Attorney Director of Finance City Manager J#.f"" /1/2 L/ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: September 12, 2006 SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2006 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the Board of Directors: 1. Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2006. BACKGROUND: The attached financial statements reflectthe unaudited activity of the Community Services District for the Fiscal Year Ended June 30, 2006. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None. ATTACHMENTS: Combining Balance Sheet as of June 30, 2006 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2006 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of June 30, 2006 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30,2006 (Unaudited) Prepared by the Finance Department T emecula Community Services District Combining Balance Sheet As of June 30, 2006 Parks & Service Service Service Recreation Level B Level C Level D Assets: Cash and investments $ 1,885,937 $ 197,286 $ 276,995 $ 13,875 Receivables 120,755 19,955 42,443 147,201 Due from other fnnds Total assets $ 2,006,692 $ 217,241 $ 319,438 $ 161,076 Liabilities and fnnd balances: Liabilities: Due to other fnnds Other current liabilities $ 675,017 $ 55,953 $ 157,423 $ 150,772 675,017 55,953 157,423 150,772 Fnnd balances: Reserved Designated 1,331,675 161,288 162,015 10,304 Total fund balances 1,331,675 161,288 162,015 10,304 Total liabilities and fnnd balances $ 2,006,692 $ 217,241 $ 319,438 $ 161,076 Please note that these balances are unaudited T emecula Community Services District Combining Balance Sheet As of June 30, 2006 Service Service Debt Level R LevelL Service Iotal Assets: Cash and investments $ 30,621 $ 362,187 $ 6,963 $ 2,773,864 Receivables 681 8,204 66 339,305 Due from other fnnds Total assets 31,302 $ 370,391 $ 7,029 $ 3,113,169 Liabilities and fnnd balances: Liabilities: Due to other fnnds Other current liabilities $ 30,738 $ 18,752 $ 1,088,655 30,738 18,752 1,088,655 Fnnd balances: Reserved $ 7,029 Designated 564 351,639 2,017,485 Iotal fund balances 564 351,639 7,029 2,024,514 Total liabilities and fnnd balances 31,302 $ 370,391 $ 7,029 $ 3,113,169 Please note that these balances are unaudited 2 T emecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2006 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Special tax $ 2,999,478 $ 2,965,390 $ 2,965,390 99% TCSD adrnin fee credit/"REST" 4,850,200 4,850,200 4,850,200 100% Recreation programs 1,141,000 1,209,431 1,209,431 106% Investment interest 9,195 23,509 23,509 256% (I) Development services 123,000 125,354 125,354 102% Grant- CSA 143 130,000 130,000 130,000 100% Lease Income 34,600 34,753 34,753 100% Reimbursements/CIP 69,000 50,468 50,468 73% Total Revenues 9,356,473 9,389,105 9,389,105 100% Expenditures: Parks, medians and arterial street lighting 5,455,266 5,051,456 $ 10,798 5,062,254 93% Seniors 179,749 176,643 176,643 98% Community Recreation Center (CRC) 475,668 433,482 433,482 91% Recreation programs 708,104 647,467 30,708 678,175 96% Temecula Community Center (TCC) 164,979 144,835 144,835 88% Museum 226,250 202,476 700 203,176 90"10 Aquatics 545,354 513,325 513,325 94% Sports 225,178 167,040 167,040 74% Children's Museum 268,7 41 250,479 1,529 252,008 94% Community Theater 835,201 829,400 1,204 830,604 99% Cultural Arts 111,393 70,875 7,495 78,370 70% Operating transfers out 500,450 500,450 500,450 100% Total Expenditures 9,696,333 8,987,928 52,434 9,040,362 93% Revenues Over/(Under) Expenditures (339,860) 401,177 Beginning Fund Balance, July 1, 2005 930,498 930,498 Ending Fund Balance, June 30, 2006 $ 590,638 $ 1,331,675 Notes: 1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee. 3 T emecula Community Services District Service Level B - Residential Street Lights Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Assessments $ 595,160 $ 582,999 $ 582,999 98% Investment Interest 1,770 2,668 2,668 151% (I) Street lighting fees 20,000 49,466 49,466 247% (2) 1vIiscellaneous 1,000 800 800 80% Total Revenues 617 ,930 635,933 635,933 103% Expenditures: Salaries & Wages 5,585 6,022 6,022 108% Street lighting 648,000 620,481 620,481 96% 1vIiscellaneous 25,900 23,569 23,569 91% Total Expenditures 679,485 650,072 650,072 96% Revenues Over/(Under) Expenditures (61,555) (14,139) Beginning Fund Balance, July 1, 2005 175,427 175,427 Ending Fund Balance, June 30, 2006 $ 113,872 $ 161,288 Notes: 1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee. 2) The increase in street lighting fees is due to the timing of developers pulling permits for estimated lighting fees for the fiscal year. 4 T emecula Community Services District Service Level C - Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Assessments $ 1,269,336 $ 1,251,950 $ 1,251,950 99% Investment interest 4,620 3,817 3,817 83% Plan check and inspections 30,500 24,274 24,274 80% Total Revenues 1,304,456 1,280,041 1,280,041 98% Expenditures: Salaries and wages 263,606 230,816 230,816 88% Landscape maintenance 810,000 801,630 801,630 99% Utilities 290,000 303,332 303,332 105% Other expenditures 95,700 85,231 85,231 89% Total Expenditures 1,459,306 1,421,009 1,421,009 97% Revenues Over/(Under) Expenditures (154,850) (140,968) Beginning Fund Balance, July 1, 2005 302,983 302,983 Ending Fund Balance, June 30, 2006 $ 148,133 $ 162,015 5 T emecula Community Services District Service Level D - Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2006 Arumal Amended YTD Total Percent Budget Activity Encurnbr. Activity of Budget Revenues: Assessments $ 4,493,638 $ 4,386,508 $ 4,386,508 98% Grants 21,000 21,170 21,170 101% Investment interest 1,500 8,737 8,737 582% (I) Recycling Program 5,000 5,000 5,000 100% Total Revenues 4,521,138 4,421,415 4,421,415 98% Expenditures: Salaries and wages 42,925 41,856 41,856 98% Refuse hauling 4,327,414 4,326,124 4,326,124 100% Other expenditures 55,900 43,980 $ 8,862 52,842 95% Total Expenditures 4,426,239 4,411 ,960 8,862 4,420,822 100% Revenues Over/(Under) Expenditures 94,899 9,455 Beginning Fund Balance, July 1, 2005 849 849 Ending Fund Balance, June 30, 2006 $ 95,7 48 $ 10,304 Notes: 1) Investment interest was higher than expected due to steady interest rate increase by the Federal Open Market Committee. 6 T emecula Community Services District Service Level R - Streets and Roads Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Assessments $ 9,370 9,620 9,620 103% Investment interest 725 $ 880 880 121% (I) Total Revenues 10,095 10,500 10,500 104% Expenditures: Emergency Street 1.1aintenance 12,100 9,856 9,856 81% Other expenditures 100 80 80 80% Total Expenditures 12,200 9,936 9,936 81% Revenues Over/(Under) Expenditures (2,105) 564 Beginning Fund Balance, July 1, 2005 30,738 30,738 Ending Fund Balance, June 30, 2006 $ 28,633 $ 31,302 Notes: 1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee. 7 T emecula Community Services District Service Level L -Lake Park 1.1aintenance Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Assessments $ 308,000 271 ,875 $ 271,875 88% Investment interest 6,000 $ 10,126 10,126 169"10 (1) Total Revenues 314,000 282,001 282,001 90% Expenditures: Salaries & Wages 27,501 26,597 26,597 97% Lake maintenance 47,500 46,690 46,690 98% Other expenditures 142,000 131,909 131,909 93% Total Expenditures 217 ,001 205,196 205,196 95% Revenues Over/(Under) Expenditures 96,999 76,805 Beginning Fund Balance, July 1, 2005 274,834 274,834 Ending Fund Balance, June 30, 2006 $ 371 ,833 $ 351,639 Notes: I) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee. 8 T emecula Community Services District Debt Service Frmd Statement of Revenues, Expenditures and Changes in Frmd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2006 Armual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Investment interest $ 1,750 $ 601 $ 601 34% Operating transfers in 500,450 500,450 500,450 100% Total Revenues 502,200 501,051 501,051 100% Expenditures: Debt service - principal 240,000 240,000 240,000 100% Debt service - interest 254,150 254,150 254,150 100% Other expenditures 6,300 4,400 4,400 70% Total Expenditures 500,450 498,550 498,550 100% Revenues Over/(Under) Expenditures 1,750 2,501 Beginning Fund Balance, July 1, 2005 4,528 4,528 Ending Fund Balance, June 30, 2006 $ 6,278 $ 7,029 9 ITEM NO. 21 Approvals City Attorney Director of Finance City Manager ~ /JJL 98 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: September 12, 2006 SUBJECT: Murrieta Creek Multi-Purpose Trail, Project No. PW01-27, Approval of Plans and Specifications and Authorization to Solicit Construction Bids PREPARED BY: Bill Hughes, Director of Public Works/City Engineer Amer Attar, Principal Engineer - CIP Laura Bragg, Project Engineer RECOMMENDATION: That the Board of Directors approves the plans and specifications and authorizes the Department of Public Works to solicit construction bids for the Murrieta Creek Multi- Purpose Trail, Project No. PW01-27. BACKGROUND: The Murrieta Creek Multi-Purpose Trail Phase I Project will include trail improvements from Winchester Road to Rancho California Road between Murrieta Creek and Diaz Road. The project will consist of pedestrian and bicycle trail with lookout points along the trail, appropriate signage, necessary grading, paving, striping, and landscaping. The City received a TEA (Transportation Enhancement Activities) program grant in the amount of $1,214,000 for this project. The plans and specifications have been prepared and the project is ready to be advertised for construction bids. The contract documents are available for review in the City Engineer's office. The Engineer's Construction Estimate for this project is $ 2,510,000.00. FISCAL IMPACT: The Murrieta Creek Multi-Purpose Trail project is budgeted in the 06- 07 CIP and funded through by Development Impact Fees - Public Facility and Open Space and Transportation Enhancement Activities Program (TEA). ATTACHMENTS: 1. 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ITEM NO. 22 Approvals City Attorney Director of Finance City Manager ~ IJIl tf TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: September 12, 2006 SUBJECT: Award of Construction Contract for the Erie Stanley Gardner Exhibit, Project No. PW04-15 PREPARED BY: Bill Hughes, Director of Public Works/City Engineer Greg Butler, Principal Engineer - CIP William Becerra, Assistant Engineer RECOMMENDATION: That the Board of Directors: 1. Approve a construction contract for the Erie Stanley Gardner Exhibit, Project No. PW04-15, to William Baines Contractors, Inc., in the amount of $68,658.00 and authorize the President to execute the contract. 2. Authorize the General Manager to approve change orders not to exceed the contingency amount of $6,865.80, which is equal to 10% of the contract amount. 3. Approve a transfer in the amount of $1 0,000.00 from Vail Ranch Park Site D Project to fully fund Construction and Administration costs. BACKGROUND: The City Council approved the Fiscal Year 2006-2011 Capital Improvement Program in June, 2006 which included funding the construction of the "Erie Stanley Gardner Exhibit". This Exhibit is to honor the famous author and long time Temecula resident. The work includes the construction of approximately 300 Square Feet of a new mezzanine above the receiving area of the museum, which will house The Erie Stanley Gardner Exhibit. The exhibit is a replica of Mr. Gardner's office in Temecula, which will include a desk, display cases, court room railings, and books. The Architect's cost estimate for the project is $60,000.00. One (1) bid was received from contractors and publicly opened on August 1, 2006 and the results are as follows: William Baines Contractors, Inc. $68,658.00 Staff has reviewed the bid proposal and found William Baines Contractors, Inc. of Temecula California to be the responsible bidder for this project. The specifications allow for Thirty (30) working days for completion of the project. Work is expected to begin in September, 2006 and completed by November, 2006. FISCAL IMPACT: The Erie Stanley Gardner Project, Project No. PW04-15 is funded by Museum Association and the Redevelopment Agency funds. The transfer in the amount of $10,000.00 from the Vail Ranch Park Site D project is necessary to cover the total construction and administrative costs for this project. The total construction costs is $75,523.80 which includes the contract amount of $68,658.00 plus the 10% contingency amount of $6,865.80 ATTACHMENTS: 1. Location Map 2. Project Description 3. 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'" '" e~ " '" ...:... .;.: '" '" u ..... ..... , = ..... = ..... = ..... . ~ = = ..... ~ = , 00 = = ..... 00 = , t- = = ..... r---O\DC"l =Or---M I 0" 00" r- 'C'D~ g 'D ..... 000 == 0"0- V) ...... 00 ~ (;17 yt €1'1- €A <:l .S ~ .... 0 '" .~ j:J ~ '" " 'S .E 's ;g '0 0 ...:u M "" ...., ..,f "" "" .~ '" 0' ~ - ~ >t-. - '" $:l e tI.l .~.a ~ ~ .!S '0 Q>t-.E-t 000 000 000 0" \0" v:S ...... t- 00 "" "" "" <:l .9 ~ '" " o '" '" ...: S '" " '" '" ::s o " ...... M "" ...., ",' ~ l-< C - " <:l ~ .s <I) '" 0 00 l=l '00'<( ..9 +-> .... " l:l l:l bi> S S .S v p.'O .0 f/J 0 $:I o 1-<......... ~ an.E~~ .s ~:9 v " 0 ",,~~E-t "" '" ... '" '" '" U'O ~ ; 0(1"" o~ 01 01 ... " '" ... ... '" '" '" ""'" TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW04-15CSD ERLE STANLEY GARDNER EXHIBIT THIS CONTRACT, made and entered into the 12th day of September, 2006, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and William Baines Contractors, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW04- 15CSD, ERLE STANLEY GARDNER EXHIBIT, Insurance Forms, this Contract, and all modifications and amendments 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 and Technical Specifications, and the latest version of the Standard Soecifications for Public Works Construction, including all supplements as written and prornulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW04-15CSD, ERLE STANLEY GARDNER EXHIBIT. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW04- 15CSD, ERLE STANLEY GARDNER EXHIBIT. In case of conflict between the Standard Specifications and the other Contract Docurnents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed CONTRACT C-l R:\CIPIPROJECTSIPW04IPWQ4-15 Ene Stanley Galdner ExhibinSid OocslContractdoc and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW04-15CSD, ERLE STANLEY GARDNER EXHIBIT All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by DISTRICT. 3. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: SIXTY EIGHT THOUSAND SIX HUNDRED FIFTY EIGHT DOLLARS and NO CENTS ($68,658.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCEHDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City I;:ngineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the DISTRICT, the CONTRACTOR shall CONTRACT C-2 R:\CIPIPROJECTSIPW04IPW04-15 Ene Stanley Gardner ExhibiftBid OocslContract.doc be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) d"ly.of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract COde, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been ~atisfactory, and the project is more than 50% complete. The District 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 DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, 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 DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the labor Code of the State of California, the City Council has obtained the general prevailing rate of per CONTRACT C-3 R:\CIPIPROJECTSIPW04\PW04-15 Ene Stanley Gardner ExhlbltlBid DocslContract,doc diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $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. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend DISTRICT, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its ernployees, agents, or representatives has offered or given any gratuities or promises to DISTRICT'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 District 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 DISTRICT within one year of the date of the Notice Inviting Bids. '14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or iterns in connection with a Stop Notice which has been filed under the provisions ofthe laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely CONTRACT C-4 R:ICIPIPROJECTSIPW04IPW04-15 Ene Stanley Garone, ExhiblftBld DocslContract.doc performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, r~cords, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the 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. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract 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 member, office or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (comrnencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT C-5 R:ICIPIPROJECTSIPW04IPW04-15 EI1e Stanley Gardner ExhlbhlBid DocslContractdoo 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mai/ing Address: William 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 Temecula 43200 Business Park Drive Temecula, CA 92590 CONTRACT C-6 R:\CIPIPROJECTSIPW04IPWQ4-15 Erie Stanley Garone, ExhibR\Bid DocslContract.doc IN WITNESS WHEREOF, the parties hereto have caused this.Contract to be executed on the date first above written. DATED: DATED: CONTRACT CONTRACTOR William Baines Contractors, Inc. 31805 Highway 79 South, #811 Temecula, CA 92592 (951) 551-8723 Patrick E. Fay, President CITY OF TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk C-? R:ICIPIPROJECTSIPW04IPW04-15 Ene Stanley Gardner Exhibl"Bid Docs\Contractdoc ITEM NO. 23 Approvals City Attorney Director of Finance City Manager f,#.~ iJ/l ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: September 12, 2006 SUBJECT: Youth Master Plan RECOMMENDATION: That the Board of Directors directs staff to release a Request For Qualifications to select a firm that will develop a comprehensive youth master plan. BACKGROUND: At the August 24, 2006 meeting of the Drug and Gang Task Force committee, which consists of Mayor Pro Tem Chuck Washington and Council Member Mike Naggar, along with School District officials, the attendees discussed various programs and options to provide outlets for the youth in our community. Because the needs of our youth in our community are complex, the committee discussed the feasibility of developing a comprehensive youth master plan that could address the on-going needs of the youth such as arts, recreation, sports, cultural needs, and a place to enjoy music and social interaction. It was envisioned that the plan will also address issues such as leadership training, health, fitness, family intervention, and a variety of other positive alternatives for youth. It was also envisioned that this plan could incorporate segments of the private sector in its implementation. The master plan would be a long term strategic plan that addressed goals, objectives and positive direction for teen programs. The process of developing the master plan would involve community workshops, focus groups, and individual interviews with key stakeholders within the community. At the request of the sub-committee members, Mayor Pro-Tem Chuck Washington and Council Member Mike Naggar, staff has prepared this report requesting authorize to release a Request for Qualifications. FISCAL IMPACT: The estimated cost for consultant services forthis project is between $40,000 and $50,000. Once a consulting firm has been identified, staff will bring forward an item for the Council to award a contract for the project. REDEVELOPMENT AGENCY ITEM NO. 24 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY AUGUST 22, 2006 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:41 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Edwards, Comerchero, Roberts, Washington, and Naggar ABSENT: o AGENCY MEMBERS: None. Also present were Executive Director Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No comments. RDA CONSENT CALENDAR 23 Minutes RECOMMENDATION: 23.1 Approve the minutes of August 8, 2006. (Agency Member Roberts abstained with regard to this item.) 24 Approve a Professional Services Aqreement with Nichols. Melburq & Rossetto Desiqn Services for the Old Town Infrastructure Proiects - Parkinq Structure and Office/Retail: and the City Plaza RECOMMENDATION: 24.1 Approve a Professional Services Agreement with Nichols, Melburg & Rossetto for design of the Old Town Infrastructure Projects, Parking Structure and Office/Retail, and the City Plaza in the amount of $1 ,669,187.00 and authorize the Chairperson to execute the amendment; 24.2 Authorize the Executive Director to approve Extra Work Authorizations not to exceed the contingency amount of $166,918.00, which is equal to 10% of the Agreement; 24.3 Authorize the advance of RDA fund balance to temporarily finance the NMR Agreement until such time as new RDA Tax Allocation bond proceeds are available. R:\Minutes\082206 25 Status Update on the Temecula Education Center RECOMMENDATION 25.1 Receive and file the Status Update on the Temecula Education Center. MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency Member Washington seconded the motion and electronic vote reflected unanimous approval with the exception of Agency Member Roberts who abstained on Item No. 23.1. RDA EXECUTIVE DIRECTORS REPORT Executive Director Nelson noted that staff will be proceeding with the infrastructure improvements in Old Town. RDA AGENCY MEMBERS' REPORTS No additional comments. RDA ADJOURNMENT At 7:42 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 12, 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\082206 2 ITEM NO. 25 Approvals City Attorney Director of Finance City Manager ~ ell Lf TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Genie Roberts, Director of Finance DATE: September 12, 2006 SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2006 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the Board of Directors: 1. Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2006. 2. Approve an increase of $560,500 for Property Tax increment in the Debt Service Fund. 3. Approved an appropriation of $435,000 for Pass-through agreements in the Debt Service Fund. 4. Approve an appropriation of $92,000 for Debt Service Interest in the Debt Service Fund. BACKGROUND: The attached financial statements reflectthe unaudited activity of the Redevelopment Agency for the Fiscal Year Ended June 30, 2006. Please see the attached financial statements for an analytical review of financial activity. The additional budget request for Property Tax increment and Pass-through agreements is based upon final reconciliation by the County, Temecula's Property Tax increment ended higher due to an increase in property values from development growth over the past year. As Tax Increment rises, so does our obligation to forward Pass-through funds to other agencies that the Redevelopment Agency has agreements with. The budget request for Debt Service I nterest is a result of accrued interest from the 6th Street Promissory Note. FISCAL IMPACT: The estimated revenues and appropriation for Debt Service Fund has not net impact. ATTACHMENTS: Combining Balance Sheet as of June 30, 2006 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2006 TEMECULAREDEVELOPMENTAGENCY Combining Balance Sheet as of June 30, 2006 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30,2006 (Unaudited) Prepared by the Finance Department T emecula Redevelopment Agency Combining Balance Sheet As of June 30, 2006 Low/Mod elP Debt Fund Fund Service Iotal Assets: Cash and investments $ 11,210,584 $ 550,962 $ 3,047,849 $ 14,809,395 Receivables 1,087,048 286,923 61,993 1,435,964 Land held for resale 98,484 98,484 Total assets $ 12,297,632 $ 936,369 $ 3,109,842 $ 16,343,843 Liabilities and frmd balances: Liabilities: Due to other frmds Other current liabilities $ 1,7 47 ,561 $ 34,788 $ 1,672,558 $ 3,454,907 Deferred revenue 590,544 125,000 715,544 T otalliabilities 2,338,1 05 159,788 1,672,558 4,170,451 Frmd balances: Reserved 9,959,527 776,581 1,437,284 12,173,392 Designated Undesignated Iotal fund balances 9,959,527 776,581 1,437,284 12,173,392 Total liabilities and fnnd balances $ 12,297,632 $ 936,369 $ 3,109,842 $ 16,343,843 Please note that these balances are unaudited City ofTemecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in FlUld Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Fiscal Year Ended JlUle 30, 2006 Annual Amended YTD Total Percent Budget Activity Encurnbr. Activity of Budget Revenues: Property tax increment $ 2,955,533 $ 3,091,658 $ 3,091,658 105% Investment interest 205,670 319,931 319,931 156% (1) Rental income 121,000 121,000 121,000 100% Forgivable Loan Repayment/Mise 101,000 113,143 113,143 112% (2) Reimbmsements 1,000,000 1,000,000 100% Total Revenues 4,383,203 3,645,732 4,645,732 106% Expenditures: Salaries and benefits 300,202 291,829 291,829 97% Operating and administrative expenditures 491,931 308,694 3,013 311,707 63% Homebuyer programs 300,000 (3) Affordable housing / future obligation 305,000 305,000 305,000 100% Residential rehabilitation programs 370,054 318,580 41,862 360,442 97% Affordable housing -Pujol Neighbor 2,000,000 13,361 13,361 1% (4) Old Town Mixed Use 3,050,961 961 961 0% (4) Temecula Education Center 4,000,000 2,871,805 911,785 3,783,590 95% Total Expenditures 10,818,148 4,109,269 957,621 5,066,890 47% Revenues Over/(Under) Expenditures (6,434,945) (463,537) Begirming Fund Balance, July 1, 2005 10,423,064 10,423,064 Ending Fund Balance, June 30, 2006 $ 3,988,119 $ 9,959,527 Notes: 1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee. 2) The variance is due to more than expected residential loan rehab pay offs received during this quarter. 3) The variance in home buyer programs is due to most applicants do not meet the requirements to participate in the program. requirements to participate in the program. 4) The Old Town Mixed Use center and the Pujol Neighbor projects are not scheduled to start lUltil fiscal year 2006-07. 2 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Redevelopment Agency-CIP For the Fiscal Year EndedJlllle 30, 2006 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Investment interest $ 27,200 $ 49,306 $ 49,306 181% (1) Loan interest 11,800 11,701 11,701 99% Reimbursements/Mise 2,960 10,228 10,228 346% (2) Operating transfers in 2,097,100 2,097,100 2,097,100 100% Total Revenues 2,139,060 2,168,335 2,168,335 101% Capital Projects: Old Town Building Fas:ades 280-813 103,313 102,184 $ 450 102,634 99% Gateway Landscape OT 280-833 17,279 5,106 5,106 30% ErIe Stanley Gardner 280-834 76,369 3,904 3,169 7,073 9% Old Town Southside Parking-EMWD 280-838 225,000 2,868 2,868 1% Wireless Fidelity WIFI Hot Zone 280-839 35,000 2,994 19,960 22,954 66% Opemting Expenditures: Salaries and wages 127,556 128,827 128,827 101% Operating and administrative expenditures 352,615 280,567 5,027 285,594 81% Education Revenue Augmentation Flllld-ERAF 770,000 745,277 745,277 97% Old Town plan implementation 184,570 179,205 179,205 97% Banner program 1,000 900 900 90% Operating transfers out 2,013,356 2,013,356 2,013,356 100% Total Expenditures 3,906,058 3,465,188 28,606 3,493,794 89% Revenues Over/(Under) Expenditures (1,766,998) (1,296,853) Beginning Flllld Balance, July 1, 2005 2,073,434 2,073,434 Ending Flllld Balance, Jlllle 30, 2006 $ 306,436 $ 776,581 Notes: 1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee. 2) The variance is due to several miscellaneous property tax escrow refimds from prior year and revenues from Old Town Antique show during this quarter. 3 City ofTemecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in FlUld Balance - Budget and Actual Redevelopment Agency - Debt Service For the Fiscal Year Ended JlUle 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Property tax increment $ 11,822,133 $ 12,366,633 12,366,633 105% Investment interest 47,400 60,614 60,614 128% (1) Total Revenues 11,869,533 12,427,247 12,427,247 105% Expenditures: Trustees adrnin fees 5,000 7,350 7,350 147% (2) Property Tax adrnin Fees 130,000 101,543 101,543 78% Pass-through agreements 8,229,710 8,661,255 8,661,255 105% Debt service - principal 405,000 405,000 405,000 100% Debt service - interest 1,374,485 1,466,116 1,466,116 107% Operating transfers out 2,097,100 2,097,1 00 2,097,100 100% Total Expenditures 12,241,295 12,738,364 12,738,364 104% Revenues Over/CUnder) Expenditures (371,762) (311,117) Beginning Fund Balance, July 1, 2005 1,748,401 1,748,401 Ending Fund Balance, June 30, 2006 $ 1,376,639 $ 1,437,284 Notes: 1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee. 2) The interest accrual for the RDA advance from the City was not included in the original budget allocation. 4 ITEM NO. 26 Approvals City Attorney Director of Finance City Manager ~ /ill ~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Genie Roberts, Treasurer DATE: September 12, 2006 SUBJECT: Redevelopment Agency Proposed Tax Allocation Bonds - Designation of Consultants PREPARED BY: Polly von Richter, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: Adopt a resolution entitled: RESOLUTION NO. RDA 06- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION BONDS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO BACKGROUND: On August 8,2006, the Redevelopment Agency adopted Resolution No. RDA 06-06, expressing the intent of the Agency to issue tax allocation bonds to finance various Old Town area infrastructure projects, including relocation, demolition and grading costs, undergrounding of utilities, street improvements, civic plaza improvements and the construction of a roughly 480 space parking facility. In order to issue the bonds, the Agency needs the assistance of various professionals, including a financial advisor, a fiscal consultant, bond counsel, disclosure counsel, and a bond underwriter. Staff recommends that the Board of Directors of the Redevelopment Agency adopt a resolution (a) directing Staff to proceed with the preparation of documentation necessary to provide for the issuance of the bonds, which documents shall in any event be subject to the approval of the Board of Directors of the Redevelopment Agency at a future Redevelopment Agency meeting; (b) designating the professionals necessary to assist Staff with the issuance of the bonds, including Fieldman, Rolapp & Associates as financial advisor, HdL Companies as fiscal consultant, Quint & Thimmig LLP as bond counsel, McFarlin & Anderson LLP as disclosure counsel and Stone & Youngberg LLC as bond underwriter; and (c) authorizing the Executive Director of the Redevelopment Agency to execute agreements with the professionals for their services related to the bonds in form acceptable to the Executive Director and Agency Counsel. All compensation payable to bond counsel and disclosure counsel will be contingent upon the sale and issuance of the bonds, and it is expected that all of the consultants will be paid from bond proceeds (or, in the case of the underwriter, by means of a discount on the purchase by it of the bonds). FISCAL IMPACT: The adoption of the Resolution will allow the Executive Director to enter into contracts with various professionals that are needed to assist with the issuance of tax allocation bonds of the Agency. Those contracts may obligate the Redevelopment Agency to pay various fees and expenses, some of which will be contingent upon the sale and issuance of the bonds, and all of which are expected to be paid from the proceeds of the bonds or by means of a discount on the purchase of the bonds. If for any reason the bonds are not issued, the Agency will need to pay certain fees of the financial advisor and the fiscal consultant for work performed. ATTACHMENTS: Resolution No. RDA 06- RESOLUTION NO. RDA 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION BONDS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. In connection with the activities of the Redevelopment Agency of the City of Temecula (the "Agency") related to its Temecula Redevelopment Project No. 1 (the "Redevelopment Project"), the Agency is undertaking the design and construction of a civic plaza, streetscape enhancements and a parking structure, and the undergrounding of utility lines (collectively, the "RDA Infrastructure Projects"). Section 2. In order to finance the RDA Infrastructure Projects and to provide moneys for other redevelopment activities of the Agency within or of benefit to the Redevelopment Project, the Agency expects to issue its Redevelopment Agency of the City of Temecula, Temecula Redevelopment Project No.1, 2006 Tax Allocation Bonds (the "Bonds"), the principal of and interest on which will be payable from tax increment revenues received by the Agency from the Redevelopment Project. Section 3. Officers and officials of the Agency are hereby authorized to proceed with the preparation of documents necessary to provide for the issuance and sale of the Bonds. All such documents to which the Agency will be a party shall be subject to the final approval thereof by the Agency at a subsequent Agency meeting. Section 4. Fieldman, Rolapp & Associates is hereby designated as financial advisor to the Agency, and HdL Companies is hereby designated as fiscal consultant to the Agency, in connection with the issuance and sale of the Bonds. The Executive Director is hereby authorized and directed to execute agreements with said firms, or amendments to or a direction to provide additional services under, any existing agreement between the Agency and one or both of said firms, for their services with respect to the Bonds, in forms acceptable to the Executive Director and Agency Counsel. Section 5. Quint & Thimmig LLP is hereby designated as bond counsel to the Agency, and McFarlin & Anderson LLP is hereby designated as disclosure counsel to the Agency, in connection with the issuance and sale of the Bonds. The Executive Director is hereby authorized and directed to execute agreements for legal services with such firms, in forms acceptable to the Executive Director and Agency Counsel; provided that any and all compensation payable to such firms shall be contingent upon the sale and issuance of the Bonds. Section 6. Stone & Youngberg LLC, is hereby designated as underwriter to the Agency in connection with the issuance and sale of the Bonds. Section 7. The Chairperson, the Vice Chairperson, the Executive Director, the Treasurer, Agency Counsel, the Secretary and all other appropriate officials of the Agency are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to affect the purposes of this Resolution and the financing herein authorized. Section 8. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 12th day of September , 2006. Michael S. Naggar,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 06- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 12th day of September , 2006, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary PUBLIC HEARING ITEM NO. 27 Approvals City Attorney Director of Finance City Manager ~ IJIl C;C CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Planning Director DATE: September 12, 2006 SUBJECT: Planning Application No. PA06-0197, Temecula Regional Center Development Agreement Amendment PREPARED BY: Cheryl Kitzerow, Associate Planner Matt Peters, Associate Planner RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULAAND TEMECULA TOWN CENTER ASSOCIATES, L.P. BACKGROUND: On December 17,1996 the City Council adopted Ordinance No. 96-24 approving a Development Agreement for the Temecula Regional Center Specific Plan Area. The Development Agreement was for a term of ten years from the effective date of the Ordinance, or January 16, 1997. The current agreement is scheduled to expire on January 16, 2007. On June 15, 2006, Forest City Development submitted a request to amend the Regional Center Development Agreement to extend the term of the agreement three years so that the new expiration date will be January 16, 2010. Staff is also proposing additional language for the Development Agreement to clarify the applicability of the Transportation Uniform Mitigation Fee (TUMF) for future mall development. This amendment proposes the following changes to the Development Agreement: Section 13 is amended as follows. "Extension of Term of Development Agreement. The term of the Development Agreement is extended for a period of three (3) years and will now terminate on January 16, 2010." Section 6b(3)(v) is added to the Development Agreement to read as follows: "For any Development Plan approved after January 16, 2007, the Developer shall pay the required Transportation Uniform Mitigation Fee as required by Chapter 15.08 of the Temecula Municipal Code. Development Plans approved on or before January 16, 2007 are exempt from the payment of TUMF pursuant to Section 15.08.040F.4.of the Temecula Municipal Code as this is the period during which the original Development Agreement was in effect. TUMF shall be paid at the time of approval of a Development Plan unless the conditions of approval of the Development Plan provide otherwise." With regard to Section 6b(3) (v) , the City's new TUMF Ordinance adopted in 2005 provides in Section 15.08.040F.4. that, "Development Agreements which were entered into prior May 28,2003, the effective date of the original TUMF ordinance, are exempt from TUMF." Thus, the Mall Development Agreement approved on December 17, 1996, and any development plans approved pursuant to it, are exempt from TUMF. However, this section further states, "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 original TUMF Ordinance], the TUMF shall be imposed." This means that TUMF will apply to the extended Mall Development Agreement, or any development plan approved after January 16, 2007, which is the expiration date of the original Development Agreement. All other provisions of the existing Development Agreement remain unchanged. PLANNING COMMISSION COMMENTS: In order to meet City Council Public Notice requirements, this staff report was prepared prior to the Planning Commission's hearing on this item. Planning Commission comments will be presented verbally to the City Council. FISCAL IMPACT: Continued cap of Development Impact Fees at $2.00 per square foot. ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, staff has reviewed and considered the Final Environmental Impact Report ("FEIR") for the Temecula Regional Center Specific Plan No. 263, approved by the Council as EIR No. 340 on October 11,1994, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, staff determines that the proposed First Amendment does not require the preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, staff also determines that the proposed First Amendment does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the First Amendment will have one or more significant effects not previously discussed in the FEIR. All potential environmental impacts associated with the proposed First Amendment are adequately addressed by the prior FEIR, and the mitigation measures contained in the FEIR will reduce those impacts to a level that is less than significant. An Addendum pursuant to Section15164 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is therefore the appropriate type of CEQA documentation for the First Amendment, and no additional environmental documentation is required. ATTACHMENTS: 1. CC Ordinance 06-_ Exhibit A - Draft Development Agreement Amendment 2. Planning Commission Staff Report ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA TOWN CENTER ASSOICATES, L.P. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula ("City"), a general law city in the State of California, Forest City Development California, Inc., a California Corporation, and LGA-7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center ("Development Agreement"). Temecula Towne Center Associates, L.P., a California limited partnership is the successor-in-interest to Forest City Development California, Inc.'s rights and obligations under the Development Agreement. B. Temecula Towne Center Associates, L.P., filed Planning Application No. PA06-0197 in accordance with the City of Temecula General Plan and Development Code for the extension of the Development Agreement for an additional three years to January 16, 2010. C. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. D. On September 6, 2006, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed First Amendment to the Development Agreement ("First Amendment") at which time all persons interested in the proposed First Amendment had the opportunity and did address the Planning Commission on this matter. E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed First Amendment, the Planning Commission adopted Resolution No. 2006- _ recommending to the City Council approve the proposed First Amendment. F. On September 12, 2006 the City Council of the City of Temecula held a duly noticed public hearings on the proposed First Amendment at which time all persons interested in the proposed First Amendment to the Development Agreement had the opportunity and did address the City Council on this matters. Section 2. The City Council of the City of Temecula further finds, determines and declares that: A. On October 11, 1994, the City Council approved and certified Final Environmental Impact Report ("FEIR") for the Temecula Regional Center Specific Plan No. 263 (EIR No. 340). Pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15164(a) (14 Cal. Code of Regs. 915000 et. seq.), the City of Temecula has prepared this Addendum to make a minor change to a previously certified EIR in connection with the amendment of the Development Agreement and the construction of the Final Phase of the Specific Plan. B. The City prepared an Initial Study to determine whether the extension of the Development Agreement or construction of the final Phase of the Specific Plan triggered any of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines which require the preparation of a subsequent or supplemental EIR. The City hereby incorporated the Initial Study as part of this Addendum. The Initial Study evaluated the impacts of the proposed extension of the Development Agreement on Land Use and Planning, Public Services, Utilities and Service Systems, Population and Housing, Transportation/Circulation, Water, Biological Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics, Geophysical, Hazards, Noise, Air Quality and Mandatory Findings of Significance. C. The Initial Study compared the environmental impacts of the proposed extension of the Development Agreement with the identified environmental impacts of the approved Development Agreement evaluated in the previously certified Temecula Regional Center EIR. The analysis in the Initial Study indicates that no new significant effects will be caused by proposed extension to the Development Agreement and subsequent construction of the final phase of the Specific Plan. Nor will the proposed extension to the Development Agreement increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Temecula Regional Center EIR. D. The Initial Study also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Initial Study found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. E. Further, the Initial Study analyzed whether new information exists that indicates that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in fact feasible. The Initial Study found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. F. Because the Initial Study finds no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the City Council finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the proposed extension to the Development Agreement and the construction of the Final Phase of the Specific Plan.. G. The City Council finds that the Initial Study and Addendum were prepared in compliance with CEQA. The City Council hereby certifies and approves the Initial Study and Addendum prepared for the proposed extension to the Development Agreement and the construction of the Final Phase of the Specific Plan. The City Council further finds that the conclusions reached in the Initial Study and Addendum represents the independent judgment of the City Council. H. The custodian of records for the Initial Study and FEIR for the Development Agreement and Specific Plan No. 263, the Addendum and all other materials, which constitute the record of proceedings upon which the City Council's decision is based, is the Planning Department of the City of Temecula. Those documents are available for public review in the Planning Department located at Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula, California. I. The First Amendment is consistent with the City's General Plan, and each Element thereof and constitutes a present valid exercise of the City's police power. J. The First Amendment is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. K. All legal prerequisites to the adoption of this Ordinance have occurred. Section 3. The City Council of the City of Temecula hereby approves certain agreement entitled "First Amendment to Development Agreement by and Between the City of Temecula and Temecula Towne Center Associates, L.P." and authorizes the Mayor to execute said agreement in substantially the form attached hereto as Exhibit A. Section 4. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 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 , , 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 , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A DEVELOPMENT AGREEMENT AMENDMENT FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to the Development Agreement ("First Amendment") is dated for identification purposes as of September 12, 2006, and is entered into by and between the City of Temecula ("City"), a general law city in the State of California, and Temecula Towne Center Associates, L.P., a California Limited Partnership ("Developer"). The City and Developer are sometimes referred to as a "Party" or collectively as "Parties." RECITALS A. The City, Forest City Development California, lnc., a California Corporation, and LGA-7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center. B. As recited in the Development Agreement, Forest City Development California, Inc. was contractually entitled to acquire two parcels, described in the Development Agreement as the "Mall Parcel" and the "Power Center Parcel", from LGA-7, Inc. C. After the execution of the Development Agreement, Forest City Development California, Inc. transferred the "Mall Parcel" to Temecula Towne Center Associates, L.P. ("Developer"), the successor-in-interest to Forest City Development California, lnc.'s rights and obligations under the Development Agreement. D. The City and Developer now wish to modify the Development Agreement to extend the term of the Development Agreement by three (3) years. NOW THEREFORE, the Development Agreement is hereby modified and amended as follows: 1. Extension of Term of Development Agreement. The term of the Development Agreement is extended for a period ofthree (3) years and will now terminate on January 16, 2010. Section 13 of the Development Agreement is amended and restated to read in its entirety as follows: "Term ofthe Agreement. This Agreement shall become operative and commence upon the Effective Date unless the Agreement is terminated, modified, or extended upon mutual written consent ofthe parties hereto or as otherwise provided in this Agreement. Following the expiration or termination ofthe term, hereof, this Agreement shall be deemed terminated and of no further force and effect; provided, such expiration or termination shall not automatically affect any right ofthe City, Developer or Owner arising from City approvals on the Property prior to the expiration or termination of the term and arising from the duties ofthe parties as prescribed in this Agreement." 2. Section 6b(3)(v) is hereby added to the Development Agreement to read as follows: "v. For any Development Plan approved after January 16, 2007, the Developer shall pay the required Transportation Uniform Mitigation Fee as required by Chapter 15.08 of the Temecula Municipal Code. Development Plans approved on or before January 16, 2007 are exempt from the payment of TUMF pursuant to Section 15.08.040FA.ofthe Temecula Municipal Code as this is the period during which the original Development Agreement was in effect. TUMF shall be paid at the time of approval of a Development Plan unless the conditions of approval of the Development Plan provide otherwise." 3. All other provisions ofthe Development Agreement remain unchanged. 4. The Recitals are incorporated herein as though set forth in full. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF TEMECULA, A CALIFORNIA Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved as to form: Peter M. Thorson, City Attorney TEMECULA TOWNE ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Name: Title: By: Name: Title: CITY OF TEMECULA PLANNING DEPARTMENT MEMORANDUM TO: Planning Commission FROM: Cheryl Kitzerow, Associate Planner Matt Peters, AICP, Associate Planner DATE: September 6, 2006 SUBJECT: Planning Application No. PA06-0197, Temecula Regional Center Development Agreement Amendment. PROJECT DESCRIPTION A proposed Development Agreement Amendment to extend the term of the Temecula Regional Center Development Agreement an additional three years to provide for the future development of the remaining square footage allowed under the final phase of the Temecula Regional Center Specific Plan. Language regarding the applicability of the Transportation Uniform Mitigation Fee (TUMF) to future mall development is also proposed in the amended Development Agreement. BACKGROUND On December 17, 1996 the City Council adopted Ordinance No. 96-24 approving a Development Agreement for the Temecula Regional Center Specific Plan Area. The Development Agreement was for a term of ten years from the effective date of the Ordinance, or January 16,1997. The current agreement is scheduled to expire on January 16, 2007. On June 15,2006, Forest City Development submitted a request to amend the Regional Center Development Agreement to extend the term of the agreement three years so that the new expiration date will be January 16, 2010. Staff is also proposing additional language for the Development Agreement to clarify the applicability of TUMF for future mall development. ANALYSIS This amendment proposes the following changes to the Development Agreement: Section 13 is amended as follows. "Extension of Term of Development Agreement. The term of the Development Agreement is extended for a period of three (3) years and will now terminate on January 16, 2010." Section 6b(3)(v) is added to the Development Agreement to read as follows: "For any Development Plan approved after January 16, 2007, the Developer shall pay the required Transportation Uniform Mitigation Fee as required by Chapter 15.08 of the T emecula Municipal Code. Development Plans approved on or before January 16, 2007 are exempt from the payment of TUMF pursuant to Section 15.08.040FA.of the Temecula Municipal Code as this is the period during which the original Development Agreement was in effect. TUMF shall be paid at the time of approval of a Development Plan unless the conditions of approval of the Development Plan provide otherwise." G:IPlanning\2006\P A06-0197 Mall Da AmendmentIPIanningIPC Staff Report.doc 1 With regard to Section 6b(3)(v), the City's new TUMF Ordinance adopted in 2005 provides in Section 15.08.040F.4. that, "Development Agreements which were entered into prior May 28, 2003, the effective date of the original TUMF ordinance, are exempt from TUMF." Thus, the Mall Development Agreement approved on December 17, 1996, and any development plans approved pursuant to it, are exempt from TUMF. However, this section further states, "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 original TUMF Ordinance], the TUMF shall be imposed." This means that TUMF will apply to the extended Mall Development Agreement, or any development plan approved after January 16, 2007, which is the expiration date of the original Development Agreement. All other provisions of the existing Development Agreement remain unchanged. CEQA DETERMINATION Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, staff has reviewed and considered the Final Environmental Impact Report ("FEIR") for the Temecula Regional Center Specific Plan No. 263, approved by the Council as EIR No. 340 on October 11, 1994, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, staff determines that the proposed First Amendment does not require the preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, staff also determines that the proposed First Amendment does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the First Amendment will have one or more significant effects not previously discussed in the FEIR. All potential environmental impacts associated with the proposed First Amendment are adequately addressed by the prior FEI R, and the mitigation measures contained in the FEIR will reduce those impacts to a level that is less than significant. An Addendum pursuant to Section15164 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is therefore the appropriate type of CEQA documentation for the First Amendment, and no additional environmental documentation is required. RECOMMENDATION Staff recommends that the Planning Commission recommend the City Council approve the Development Agreement Amendment. ATTACHMENTS 1. PC Resolution 06-_ - Blue Page 3 Exhibit A - Draft Development Agreement Amendment 2. Draft CC Ordinance 06-_ - Blue Page 4 Exhibit A - Draft Development Agreement Amendment 3. Temecula Regional Center Specific Plan Area Reference Map - Blue Page 5 4. Applicant's Request Letter - Blue Page 6 5. CEQA Initial Study - Blue Page 7 6. EIR Addendum - Blue Page 8 G:IPlanning\2006\PA06-0197 Mall Da AmendmentIPlanninglPC Staff Report.dOc 2 ATTACHMENT NO.1 PC RESOLUTION 06-_ G:\Planning\2006\P A06-0197 Mall Da Amendment\Planning\PC Staff Report.doc 3 PC RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA TOWN CENTER ASSOCIATES, L.P." FOR THE PROPERTY LOCATED WITHIN THE PROMENADE MALL LOOP ROAD BOUND BY WINCHESTER ROAD TO THE NORTH, MARGARITA ROAD TO THE EAST, OVERLAND ROAD TO THE SOUTH AND YNEZ ROAD TO THE WEST (PLANNING APPLICATION NO. PA06-0197) Section 1. Procedural Findinqs. The Planning Commission of the City of Temecuia does hereby find, determine and declare that: A. The City of Temecula ("City"), a general law City in the State of California, Forest City Development California, Inc., a California Corporation, and LGA-7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center ("Development Agreement"). Temecula Towne Center Associates, L.P., a California limited partnership is the successor-in-interest to Forest City Development California, Inc.'s rights and obligations under the Development Agreement; B. On June 15, 2006, Temecula Towne Center Associates, L.P., filed Planning Application No. PA06-0197, a Development Agreement Amendment, in a manner in accord with the City of Temecula General Plan and Development Code; C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; . D. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 6, 2006,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; E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve the attached Development Agreement Amendment subject to and based upon the findings set forth hereunder; F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinqs. The Planning C_ommission, in recommending approval of the Application hereby finds, determines and declares that: A. The First Amendment is consistent with the City's General Plan, and each Element thereof and constitutes a present valid exercise of the City's police power. G:\Planning\2006\PA06-0197 Mall Da Amendment\Planning~C Resolution with PT changes.DOC 1 B. The First Amendment is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. Section 3. Environmental Compliance. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the Planning Commission has considered the proposed First Amendment. The Planning Commission has also reviewed and considered the Final Environmental Irnpact Report ("FEIR") for the Temecula Regional Center Specific Plan No. 263,.approved by the Council as EIR No. 340 on October 11, 1994, including the impacts and mitigation measl,lres identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the Planning Commission recommends that the proposed First Amendment does not require the preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the Planning Commission also recommends that the proposed First Amendment does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the First Amendment will have one or more significant effects not previously discussed in the FEIR. All potential environmental impacts associated with the proposed First Amendment are adequately addressed by the prior FEIR, and the mitigation measures contained in the FEIR will reduce those impacts to a level that is less than significant. An Addendum pursuant to Section15164 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is therefore the appropriate type of CEQA documentation for the First Amendment, and no additional environmental documentation is required. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 06-_ amending the Temecula Regional Center Development Agreement per Exhibit "A" attached hereto. G:\Planning\2006\PA06-0197 Mall Da Amendment\Planning\PC Re'solution with PT chai:J.ges.DOC 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of September 2006. Ron Guerriero, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of September 2006, by the following vote: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2006\P A06-0197 Mall Da Amendment\Planning\PC Resolution with PT changes.DOC 3 EXHIBIT A PROPOSED DEVELOPMENT AGREEMENT AMENDMENT G:\Planning\2006\PA06-0197 Mall Da Amenc1ment\Planning\PC Resolution with PT changes.DOC 4 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to the Development Agreement ("First Amendment") is dated for identification purposes as of September 12, 2006, and is entered into by and between the City of Temecula ("City"), a general law city in the State of California, and Temecula Towne Center Associates, L.P., a California Limited Partnership ("Developer"). The City and Developer are sometimes referred to as a "Party" or collectively as "Parties." RECITALS A. The City, Forest City Development California, Inc., a California Corporation, and LGA-7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center; B. As recited in the Development Agreement, Forest City Development California, Inc. was contractually entitled to acquire two parcels, described in the Development Agreement as the "Mall Parcel" and the "Power Center Parcel", from LGA-7, Inc. C. After the execution of the Development Agreement, Forest City Development California, Inc. transferred the "Mall Parcel" to Temecula Towne Center Associates, L.P. ("Developer"), the successor-in-interest to Forest City Development California, Inc. 's rights and obligations under the Development Agreement. D. The City and Developer now wish to modify the Development Agreement to extend the term ofthe Development Agreement by three (3) years. NOW THEREFORE, the Development Agreement is hereby modified and amended as follows: 1. Extension of Term of Development Agreement. The term of the Development Agreement is extended for a period of three (3) years and will now terminate on January 16, 2010. Section 13 ofthe Development Agreement is amended and restated to read in its entirety as follows: "Term of the Agreement. This Agreement shall become operative and commence upon the Effective Date unless the Agreement is terminated, modified, or extended upon mutual written consent of the parties hereto or as otherwise provided in this Agreement. Following the expiration or termination of the term, hereof, this Agreement shall be deemed terminated and of no further force and effect; provided, such expiration or termination shall not automatically affect any right ofthe City, Developer or Owner arising from City approvals on the Property prior to the expiration or termination of the term and arising from the duties of the parties as prescribed in this Agreement." 912867.2 August 18, 2006 1 2. Section 6b(3)(v) is hereby added to the Development Agreement to read as follows: "v. For any Development Plan approved after January 16, 2007, the Developer shall pay the required Transportation Uniform . Mitigation Fee as required by Chapter 15.08 of the Temecula Municipal Code. Development Plans approved on or before January 16, 2007 are exempt from the payment ofTUMF pursuant to Section 15.08.040FA.ofthe Temecula Municipal Code as this is the period during which the original Development Agreement was in effect. TUMF shall be paid at the time of approval of a Development Plan unless the conditions of approval ofthe Development Plan provide otherwise." 3. All other provisions ofthe Development Agreement remain unchanged. 4. The Recitals are incorporated herein as though set forth in full. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF TEMECULA, A CALIFORNIA Ron Roberts, Mayor Attest: Susan W.Jones, MMC, City Clerk Approved as to form: Peter M. Thorson, City Attorney 912867.2 August 18, 2006 2 TEMECULA TOWNE ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Name: Title: By: Name: Title: 912867.2 August 18, 2006 3 ATTACHMENT NO.2 DRAFT CITY COUNCIL ORDINANCE 06-_ G:\Planning\2006\PA06~0197 Mall Da Amendment\Planning\PC Staff Reportdoc 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF TEMECUlA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECUlA AND TEMECUlA TOWN CENTER ASSOICATES, L.P. THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY ORDAIN AS FOllOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula ("City"), a general law city in the State of California, Forest City Development California, Inc., a California Corporation, and LGA-7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center ("Development Agreement"). Temecula Towne Center Associates, L.P., a California limited partnership is the successor-in-interest to Forest City Development California, Inc.'s rights and obligations under the Development Agreement. B. Temecula Towne Center Associates, L.P., filed Planning Application No. PA06-0197 in accordance with the City of Temecula General Plan and Development Code for the extension of the Development Agreement for an additional three years to January 16, 2010. C. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real' property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. D. On September 6, 2006, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed First Amendment to the Development Agreement ("First Amendment") at which time all persons interested in the proposed First Amendment had the opportunity and did address the Planning Commission on this matter. E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed First Amendment, the Planning Commission adopted Resolution No. 2006- _ recommending to the City Council approve the proposed First Amendment. F. On September 12, 2006 the City Council of the City of Ternecula held a duly noticed public hearings on the proposed First Amendment at which time all persons interested in the proposed First Amendment to the Development Agreement had the opportunity and did address the City Council on this matters. Section 2. The City Council of the City of Temecula further finds, deterrnines and declares that: A. On October 11. 1994, the City Council approved and certified Final Environmental Impact Report ("FEIR") for the Temecula Regional Center Specific Plan No. 263 (EIR No. 340). Pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15164(a) (14 Cal. Code of Regs. 915000 et. seq.), the City of Temecula has prepared this Addendum to make a minor change to a previously certified EIR in connection with the amendment of the Development Agreement and the construction of the Final Phase of the Specific Plan. B. The City prepared an Initial Study to determine whether the extension of the Development Agreement or construction of the final Phase of the Specific Plan triggered any of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines which require the preparation of a subsequent or supplemental EIR. The City hereby incorporated the Initial Study as part of this Addendum. The Initial Study evaluated the impacts of the proposed extension of the Development Agreement on Land Use and Planning, Public Services, Utilities and Service Systems, Population and Housing, Transportation/Circulation, Water, Biological Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics, Geophysical, Hazards, Noise, Air Quality and Mandatory Findings of Significance. C. The Initial Study compared the environmental impacts of the proposed extension of the Development Agreement with the identified environmental impacts of the approved Development Agreement evaluated in the previously certified Temecula Regional Center EIR. The analysis in the Initial Study indicates that no new significant effects will be caused by proposed extension to the Development Agreement and subsequent construction of the final phase of the Specific Plan. Nor will the proposed extension to the Development Agreement increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Temecula Regional Center EIR. D. The Initial Study also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Initial Study found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. E. Further, the Initial Study analyzed whether new information exists that indicates that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in fact feasible. The Initial Study found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. F. Because the Initial Study finds no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the City Council finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the proposed extension to the Development Agreement and the construction of the Final Phase of the Specific Plan.. G. The City Council finds that the Initial Study and Addendum were prepared in compliance with CEQA. The City Council hereby certifies and approves the Initial Study and Addendum prepared for the proposed extension to the Development Agreement and the construction of the Final Phase of the Specific Plan. The City Council further finds that the conclusions reached in the Initial Study and Addendum represents the independent judgment of the City Council. H. The custodian of .records for the Initial Study and FEIR for the Development Agreement and Specific Plan No. 263, the Addendum and all other materials, which constitute the record of proceedings upon which the City Council's decision is based, is the Planning Department of the City of Temecula. Those documents are available for public review in the Planning Department located at Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula, California. I. The First Amendment is consistent with the City's General Plan, and each Element thereof and constitutes a present valid exercise of the City's police power. J. The First Amendment is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. K. All legal prerequisites to the adoption of this Ordinance have occurred. Section 3. The City Council of the City of Temecula hereby approves certain agreement entitled "First Amendment to Development Agreement by and Between the City of Temecula and Temecula Towne Center Associates, L.P." and authorizes the Mayor to execute said agreement in substantially the form attached hereto as Exhibit A. Section 4. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of TemeCula this day of Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 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 , , 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 , by the following vote: AYES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A PROPOSED DEVELOPMENT AGREEMENT AMENDMENT G:\Planning\2006\PA06-0197 Mall Da Amendment\PJanning\PC Resolution with PT changes.DOC 4 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to the Development Agreement ("First Amendment") is dated for identification purposes as of September 12, 2006, and is entered into by and between the City of Temecula ("City"), a general law city in the State of California, and Temecula Towne Center Associates, L.P., a California Limited Partnership ("Developer"). The City and Developer are sometimes referred to as a "Party" or collectively as "Parties." RECITALS A. The City, Forest City Development California, Inc., a California Corporation, and LGA-7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center. B. As recited in the Development Agreement, Forest City Development California, Inc. was contractually entitled to acquire two parcels, described in the Development Agreement as the "Mall Parcel" and the "Power Center Parcel", from LGA-7, Inc. C. After the execution of the Development Agreement, Forest City Development California, Inc. transferred the "Mall Parcel" to Temecula Towne Center Associates, L.P. ("Developer"), the successor-in-interest to Forest City Development California, Inc.'s rights and obligations under the Development Agreement. D. The City and Developer now wish to modify the Development Agreement to extend the term of the Development Agreement by three (3) years. NOW THEREFORE, the Development Agreement is hereby modified and amended as follows: 1. Extension of Term of Development Agreement. The term ofthe Development Agreement is extended for a period cifthree (3) years and will now terminate on January 16, 2010. Section 13 of the Development Agreement is amended and restated to read in its entirety as follows: "Term ofthe Agreement. This Agreement shall become operative and commence upon the Effective Date unless the Agreement is terminated, modified, or extended upon mutual written consent of the parties hereto or as otherwise provided in this Agreement. Following the expiration or termination of the term, hereof, this Agreement shall be deemed terminated and of no further force and effect; provided, such expiration or termination shall not automatically affect any right of the City, Developer or Owner arising from City approvals on the Property prior to the expiration or termination ofthe term and arising from the duties of the parties as prescribed in this Agreement." 912867.2 August 18, 2006 1 2. Section 6b(3)(v) is hereby added to the Development Agreement to read as follows: "v. For any Development Plan approved after January 16, 2007, the Developer shall pay the required Transportation Uniform Mitigation Fee as required by Chapter 15.08 of the Temecula Municipal Code. Development Plans approved on or before January 16, 2007 are exempt from the payment ofTUMF pursuant to Section 15.08.040F.4.ofthe Temecula Municipal Code as this is the period during which the original Development Agreement was in effect. TUMF shall be paid at the time of approval of a Development Plan unless the conditions of approval of the Development Plan provide otherwise." 3. All other provisions of the Development Agreement remain unchanged. 4. The Recitals are incorporated herein as though set forth in full. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF TEMECULA, A CALIFORNIA Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved as to form: Peter M. Thorson, City Attorney 912867.2 August 18, 2006 2 TEMECULA TOWNE ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Name: Title: By: Name: Title: 912867.2 August 18, 2006 3 ATTACHMENT NO.3 TEMECULA REGIONAL CENTER SPECIFIC PLAN AREA MAP G:\Planning\2006\PA06-0197 Mall Da Amendment\Planning\PC Staff Report.doc 5 :.,; f/.~'HI '/,?)y; '- ~lll\. 1 f' ~ ~ \~ &;:;;,RVFS;;~ 11 Y1J ~ ~(\' >- =-- r1 ~ qf1Wv '( ~~ ~h~ '-J ~ I/U'fU (If; '/ ~\:, U, :J5\~ \I~ ~l- '/ / ~~'\'~ ~ ~~(~~JJ!) \f\\\' ~~ ~ h~il!l!ff ------------ ~ -j IJ J /(\ \ ~ ~ ~ ~ '~ Ai); ~ (Ii s,; ~ /1~'ll .;;;; 5Q ~?1 ~ !Ii ~tI.}../ '\J R'v , t:V " ~ ""t! , ,JA.- '" ^ CI' f:;JIfIf~;7 !c () ~>Je~~~ := ~ . 1 ~ ;,;':~,;/~ ~~* ~~ ~'~~;;,,, ,. / ~Lj':?;". \ \ V "// Y// J ProjectSite ~ If-.....- ^" ~" If..~ I---ILlL IT\);; IJJ/' J " " ~~\." '-l!!'/'!" " V~ ~~~ \/ \^'\: /1"--11 ,~ \ ~I ~~~~ ~-~ Nel'<'" "\>: ~ cr! ' '\:::: ' ,\ \ \ ~ ~,j,.\ \ '-- ~c-- ~i I ~ o'-~ ~ ~ ~ ."'~ ,":z- m \lO ~ ~ / ~, .........-\ ---- :<;l~c: .." d' ,'.../...:~ r I~ ." ~ l.!?- ~ c- / / ~ \ OJ~>~~A ~ S>Q 2,120 ~ \ \ I ""'\ \\V \\0 --' / ;:; 0 265 530 ~\ /<:<~\\. .,,-r~ ~ t= ~ ~ 0:> "'::{- y ATTACHMENT NO.4 APPLICANT'S REQUEST LETTER G:\Planning\2006\P A06~0197 Mall Da Amendment\Planning\PC Staff Reportdoc 6 FORESTCITY COMMERCIAL DEVELOPMENT KENNETH LEE Vice President July 26, 2006 Mr. Shawn Nelson City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 RE: Request for Development Agreement extension for the Promenade Mall Dear Shawn, Please take this letter as our request for a three year extension of the subject Development Agreement. We are making this request in response to the merger of the Federated Department Stores and RobMay Department stores, so that we can properly asses the expansion program and move forward with the project. Please let me know if you have any questions and thank you for your assistance. Since~el y, qf{~<<({- Kenneth Lee Vice President Development cc: Brian Jones Dimitri Vazelakis David Gordon Tony Canzoneri Forest City Development California, Inc., 949 S. Hope Street, Suite 200, Los Angeies, CA 90015 Phone: (213) 488-0010 Fax: (213) 488,9308 ATTACHMENT NO.5 CEQA INITIAL STUDY G:\Planning\2006\P A06-0197 Mall Da Ametidment\Planning\PC Staff Report.doc 7 INITIAL STUDY FOR TEMECULA REGIONAL CENTER FIRST AMENDMENT TO DEVELOPMENT AGREEMENT AND FINAL DEVELOPMENT PHASE Prepared for: City of Temecula 43200 Business Park Drive Temecula, CA 92590 Prepared by: Tom Dodson & Associates 2150 North Arrowhead Avenue San Bernardino, California 92405 August 2006 City of T emecula T emecula Regional Center INITIAL STUDY TABLE OF CONTENTS I. BACKGROUND INFORMATION............................................................................... 1 II. PROJECT ASSESSMENT ........................................................................................ 1 III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ................................... 10 IV. DETERMINATION ...........................................................................................,......... 10 V. IMPACT ASSESSMENT CHECKLIST REFERENCES ............................................ 12 VI. IMPACT ASSESSMENT CHECKLIST & DISCUSSION ........................................... 14 1. Land Use & Planning ........................................................................................ 14 2. Public Services.................................................................................................. 16 3. Utilities and Service Systems............................................................................ 19 4. Population & Housing ....................................................................................... 22 5. Transportation / Circulation............................................................................... 23 6. Water... ......... ........................ ......... ...... ........... ....... ........... ....... ... ....... ..... ...... ..... 26 7. Biological Resources ........................................................................................ 28 8. Energy and Mineral Resources ......................,................................................. 30 9. Cultural Resources ........................................................................................... 32 10. Recreation ......................................................................................................... 33 11. Aesthetics.......................................................................................................... 34 12. Geophysical ....................................................................................................,. 36 13. Hazards ............................................................................................................. 38 14. Noise ................................................................................................................. 40 15. Air Quality .......................................................................................................... 42 16. Mandatory Finding of Significance.................................................................... 43 17. Department of Fish and Game 'De Minimis' Impact Findings .......................... 45 18. Earlier Analyses ................................................................................................ 45 ATTACHMENTS Attachment 1: Specific impacts that are unavoidable are listed on page which is reproduced as Attachment 1 to this document Temecula Regional Center Initial Sludy/083106 -ii- TOM DODSON & ASSOCIATES City of Temecula Temecula Regional Center INITIAL STUDY TABLE OF CONTENTS (continued) FIGURES Figure 1 Regional Location Figure 2 Site Location Temecula Regional Center Initial Sludy/083106 -iii- TOM DODSON & ASSOCIATES CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT Initial Study I. BACKGROUND INFORMATION 1. Project Title: 2. Lead Agency: Address: 3. Contact Person: Phone Number: 4. Project Location: Temecula Regional Center First Amendment to Development Agreement and Final Development Phase City of Temecula 43200 Business Park Drive Temecula, CA 92590 Don Hazen, Principal Planner City of Temecula (951) 694-6400 The proposed project is an amendment to extend a Development Agreement and the final phase of development within the 179 acre (excluding roads) Temecula Regional Center Specific Plan (SP No. 263) in the City of Temecula bound by Winchester Road to the north, Margarita Road to the east, Overland Road to the south and Ynez Road to the west within an unsectioned area of Township 7 South, Range 3 West San Bernardino Meridian on the USGS Murrieta Quadrangle, 7.5 Minute Series Topographic Map (see Figures 1 and 2). 5. Project Description Summary: A proposed Development Agreement Amendment to extend the term of the Temecula Regional Center Development Agreement an additional three years to provide for the future development ofthe remaining square footage allowed under the final phase of the Temecula Regional Center Specific Plan. 6. Project Sponsor: Temecula Towne Center Associates, L.P. II. PROJECT ASSESSMENT Background, Purpose, and Need The City of Temecula proposes to extend a Development Agreement (due to expire in January 2007) for a period of three years to expire on January 16, 2010, for subsequent construction of the final phase of retail commercial space and parking facilities within the Temecula Regional Center core commercial area in an area currently existing as a paved parking lot. The proposed project would be developed within Planning Area 2 of the Temecula Regional Center Specific Plan (SP 263) located primarily between the current Macy's department store and Edwards Cinema and also on the north side of the Edwards Cinema within the current core shopping area. The existing Regional Center currently has 2,117,545 square feet of existing and approved development. The approved Specific Plan for the T emecula Regional Center allows up to 2,483,000 square feet of development. The extension of the Development Agreement would continue the agreement with the City under Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City of Temecula Temecula Regional Center INITIAL STUDY which the development of the remaining square footage allowed under the final phase of the Specific Plan would be implemented. In 1993 the City of Temecula certified an Environmental Impact Report (EIR) for the construction and occupancy of a new regional retail center, business and office center, and hotel and residential area, entitled the ''Temecula Regional Center EIR". The EIR addressed the construction and operation of all allowed uses and intensities of uses for the proposed regional center. These land uses and intensities are listed in Table 1. The land use intensities adopted in the preferred alternative are somewhat less than would be allowed by the general land use guidelines based on the floor to area ratio given of Table 1 - Detailed Land Use Summary - of the Specific Plan. TABLE 1 Detailed land Use Summary Adopted Land Use Intensity Temecula Regional Center Specific Plan No. 263 Land Use Floor Area Acres in Adopted Land Ratio Planning Use Intensity Area (Square Feet) Mixed Use .25-1 169.67 1 ,673,000 Retail, Commercial, Core/Support Retail Business Park/Office .40-1 5.49 810,000 Subtotal 175.26 2,483,000 Roads 26.04 0 Project Total , 201.30 2,483,000 Temecula Regional Center Initial S1udy/0831 06 TOM DODSON & ASSOCIATES City of T emecula T emecula Regional Center INITIAL STUDY The Temecula Regional Center currently has the following existing and approved square footage of development (existing and approved development plans): Table 2 Approved, Existing and Proposed Development Specific Plan 263 - Temecula Regional Center Existing Approved Total Existing (Square Feet) and/or under and/or approved construction (Square Feet) (Square Feet) Mixed Use Retail, Commercial, Core/Support Retail, Business Park/Office 2,099,195 18,350 2,117,545 The current Development Agreement, adopted in December 1996, sets forth the obligations of the developer and the City required to be met in order for development of the Specific Plan to be developed consistent with the adopted Specific Plan. Under the proposed Development Agreement, the final phase of Specific Plan implementation would occur, allowing for buildout of the Specific Plan. The additional square footage of retail space would be developed as part of the Temecula Regional Center, consistent with the approved Specific Plan in the same manner required by the current Development Agreement. The proposed Development Agreement outlines the responsibilities of the developer, Temecula Towne Center Associates, L.P., and the City to complete the Specific Plan process. Project Location The proposed project is located within the 179 acres (excluding roads) T emecula Regional Center Specific Plan (SP No. 263) in the City of Temecula bound by Winchester Road to the north, Margarita Road to the east, Overland Road to the south and Ynez Road to the west. Construction Scenario Construction will consist of the final phase of development and parking structures that would occur atthe Temecula Regional Center within the core retail area, central mall. The exact schedule would depend upon market conditions and availability of materials. Construction is envisioned as occurring between early 2007 and late 2009 and is estimated to encompass approximately one year to complete during this period. During construction, detours and other traffic management methods would be employed as necessary within the constraints of the surrounding site as needed. No off-site traffic would be disturbed during construction. . Temecula Regional Center Initial Studyf083106 TOM DODSON & ASSOCIATES City of Temeoula T emecula Regional Center INITIAL STUDY Existing Surrounding Land Uses The land uses in the vicinity of the project are high-intensity urban uses. There is a mixture of commercial, office, and residential land uses consisting of multifamily residences, retail commercial areas, office and industrial development. The proposed project site is within the T emecula Regional Center, known locally as the 'Promenade Mall'. The Temecula Regional Center is completely disturbed, graded, and/or paved; Interstate 15, a primary north-south transportation corridor, is within one quarter mile of the site. Utility infrastn!cture (electricity, water, sewer, and natural gas) exists at the project site throughout the Specific Plan area. Winchester Road, Ynez Road, Margarita Road and Overland Drive provide general access to the project vicinity. Other Agencies Whose Approval May Be Required The developer must submit a Notice of Intent (NOI) to the State Water Resources Control Board for a construction NPDES (National Pollution Discharge Elimination System) permit. This permit is granted automatically by submittal of an NOI to the State Board, but is enforced through a Storm Water Pollution Prevention Plan (SWPPP) that identifies construction best management practices for the site. The San Diego Regional Board enforces the SW PPP. The project occurs within the Multiple Species Habitat ConseNation Plan (MSHCP) area, however, it will not be subject to review by the Western Riverside County Regional ConseNation Authority as it is would be built on a completely disturbed and paved site with no habitat value for biology resources covered under the MSHCP. No other permits have been identified for the development of this site. Procedural Considerations As previously stated, the City of Temecula certified and adopted an Environmental Impact Report for the Temecula Regional Center Specific Plan in 1993 which included construction and operation of a regional retail center, business and office uses and other mixed uses including residential and hotel development. The EIR evaluated the impact of the development of the uses listed in Table 1. The existing and approved development associated with the Specific Plan is listed in Table 2. The first amendment to the Development Agreement and implementation of the final phase of development for the T emecula Regional Center may, therefore, be considered a second-tier project being implemented under the existing certified EI R. The City must determine whether the proposed project results in new significant impacts not evaluated in the certified EIR and must decide what the appropriate CEQA environmental determination is to make if it chooses to approve and implement this second-tier project. In this case, the Temecula Regional Center EIR describes the whole project in terms of objectives and facilities and evaluates the cumulative impact of implementing the total project overtime with all its elements. Under this, implementation of specific project components can be reviewed in the context of the certified ErR findings. In this instance, the specific project being considered by the City at this time is the extension of the approved Development Agreement for an additional three years and construction of the final phase of the Temecula Mall as provided for in the Temecula Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City ofT emecula Temecula Regional Center INITIAL STUDY Regional Center certified EIR. Where activities or facilities being implemented for this project fall within the scope of impacts identified in the certified EIR, the CEQA review process for this facility can be minimized through reliance on the certified EIR to determine whether the potential impacts from project implementation were sufficiently evaluated in the original EIR to fully address significant impacts. The Temecula Regional Center EIR provides a baseline and cumulative environmental evaluation and determination for all the activities required to support the construction and full development and occupancy of the Promenade Mall and the surrounding uses within the Specific Plan. The City can rely upon the certified EIR and review the proposed project for consistency with the project evaluated in the EIR, which allows 'tiering' of any future environmental review as provided in Sections 15152 and 15385 of the State CEQA Guidelines, if subsequent environmental review is required (Section 15162, CEQA Guidelines). Existing conditions used to make impact forecasts in this Initial Study are not necessarily assumed to be the same as those in the EIR, as the project site for the final phase of development is now within the existing regional center. Analysis presented in this Initial Study will use a combination of existing conditions used in the EIR and existing today, depending on the most appropriate baseline for a conservative analysis. Section 15162 of the State CEQA Guidelines states: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless that lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of tbe previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; (8) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternatives; or Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City of T emecula T emecula Regional Center INITIAL STUDY (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Section 15163 requires a supplement to an EIR in the following circumstances: (a) The Lead or Responsible Agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if; (1) Any ofthe conditions described in Section 15162 would require the preparation of a subsequent EIR, and (2) Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. The City ofTemecula was the, Lead Agency for the certified EIR. Thus, in this case the City, acting as the CEQA Lead Agency for development of Specific Plan 263 - T emecula Regional Center, can rely upon the EIR certified in 1993. Determining consistency with the certified EIR encompasses two tests. The first test entails a reevaluation of the plans for the implementation of the proposed project, as described in detail above, with all of the environmental issues addressed in the EIR. An analysis of each of the environmental issues is presented in this Initial Study which compares the proposed effects from constructing and operating the proposed project with the facts and findings of the EIR. To facilitate this process, the City hereby incorporates the certified EIR for the 'Temecula Regional Center' as part of this Initial Study. As is permitted by Section 15150 of the State CEQA Guidelines, the EIR is incorporated by reference into this Initial Study. The required summaries of the pertinent data for all issues are provided in the Initial Study evaluation which follows. Copies of the EIR are available at the City of Temecula, 43200 Business Park Drive, Temecula, CA 92590 The second test that may be used to determine whether a second-tier project falls within the scope of an EIR is to determine whether new circumstances or reassessment of previously identified impacts may result in new significant impacts. As the text in Sections 15162(a) indicates "no subsequent EIR shall be prepared for that project unless that lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: (Paraphrases of the State CEQA Guidelines follow). 1. Substantial changes in the project that may cause new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken and which may result in new significant environmental effects or substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance shows the project will have one or more significant effects not previously discussed. (See specific project description). These tests will be applied to the proposed project and a determination made regarding the appropriate CEQA procedure to implement for the proposed project. To comply with CEQA and the CEQA Guidelines, this Initial Study is being prepared to determine if environmental impacts of the Temecula Regional Center Initial StudyJ083106 TOM DODSON & ASSOCIATES City of T emecula T emecula Regional Center INITIAL STUDY proposed project were encompassed by the impact analyses contained in the EI R prepared for the Temecula Regional Center. Based on the evaluation provided in this Initial Study, the City will make one cif the following environmental determinations to comply with CEQA for this project: . The proposed project's environmental effects were encompassed by the environmental evaluation in the EIR. No new significant impacts or a substantial increase in the severity of previously identified significant effects beyond those evaluated and mitigated in the EIR will result from implementing this project. No further environmental review or determination is required. . The project and associated impacts fall within the scope of impacts identified for the entire Specific Plan. However, due to more detailed, project-specific information not available at the time the EIR was prepared, impacts and mitigation not addressed in that document are identified in the Initial Study. Adequate measures, however, are provided in the Initial Study to mitigate potential impacts to a level of less than significant and a Negative Declaration is the appropriate CEQA determination. . The project requires some minor changes and/or additions to clarify impacts under current conditions but none of the current conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. Under this circumstance, an Addendum to a previously certified EIR can be prepared and adopted. . The Initial Study identifies potential impacts that fall outside the impact forecast in the EIR and since such impact(s) cannot be mitigated below a less than significant level, a subsequent EIR must be prepared. The Initial Study Environmental Checklist Form follows. Temecula Regional Center Initial Studyf083106 TOM DODSON & ASSOCIATES City of T emecula Temecula Regional Center INITIAL STUDY III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact' or 'Potentially Significant Unless Mitigated', as indicated by the checklist on the following pages. Land Use & Planning Public SeNices Water Aesthetics Utilities & SeNice Systems Biological Resources Energy & Mineral Resources Geophysical Hazards Population & Housing T ransportationlCirculation Cultural Resources Noise Recreation Air Quality Mandatory Findings of Significance IV. DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measure described on an attached sheet has been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. , L I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EI R, including revisions or mitigation measures that are imposed upon the proposed project. An Addendum will be adopted by the City as the appropriate CEQA environmental determination for this project. Name ~J;'-n-- ~<>~ ?/~7 Date: f~~-o~ BY: 'f) /,n..e C~ Title Temecula Regional Center Initial Study/0831 06 TOM DODSON & ASSOCIATES City ofT emecula Temecula Regional Center INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequateiy supported by the information sources the City cites in the parentheses following each question. A 'No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to project!l like the one involved (e.g. the project falls outside a fault rupture zone). A 'No Impact' answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis), A 'No Impact' answer does not require a source listing if it is clearly apparent by a reasonable person that the project does not affect a particular issue (e.g. the construction of infrastructure will not impact parking capacity). The source reference in the parentheses would be 'not applicable' or (N/A). Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact Would the proposal: Insufficient parking capacity? (N/A) y 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) 'Potentially Significant Impact' is appropriate if an effect is significant or potentially significant, or if the Planning Department staff lacks information to make a finding of insignificance. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is req'uired. 4) 'Potentially Significant Unless Mitigated' applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a 'Less than Significant Impact', The Planning Department must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D), Earlier analyses are discussed in Section 18 at the end of the checklist. 6) A reference list of information sources for potential impacts (e.g. general plans, zoning ordinances) has been established. The source list is attached to the back of the checklist and other sources used or individuals contacted should be cited in the impact assessment discussion. See sam pie question below. Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact Would the proposal result in potential impacts involving: Landslides or mudslides? (1, 7) Temecula Regional Qenter Initial Studyl083106 TOM DODSON & ASSOCIATES City of T emecula T emecula Regional Center INITIAL STUDY (Attached source list explains that 1 is the General Plan, and 7 is a USGS topo map. This answer would probably not need further explanation.) V. IMPACT ASSESSMENT CHECKLIST REFERENCES KEY INFORMATION SOURCES City of Temecula General Plan Update: a. Land Use Element b. Circulation Element c. Housing Element d. Open Space/Conservation Element e. Growth Management/Public Facilities Element f. Public Safety Element g. Air Quality Element h. Community Design Element i. Economic Development Element 2. T&B Planning Consultants, Specific Plan/EIR, Temecula Regional Center (Specific Plan 263), 1993/1994. U.S. Geological Survey (USGS) topographic map: Murrieta, 7.5' Quadrangle' Soil Survey - Western Riverside Area California (1971) Congestion Management Plan (RCTC) Growth Management Plan (WRCOG) Other: South Coast Air Qualitv Manaaernent District. ACEQA Air Qualitv Handbook@, 1993 Other: Southern California Association of Governments 'Regional Comprehensive Plan and Guide', 1997 California Energy Commission, 'Fuels', July 1999 Riverside Countv Flood Control District 'Supplement A to the Riverside County Drainaae Area Manaaement Plans. and Attachment to Supplement A', 1996 11. Other: San Dieao Reaional Water Qualitv Control Board Water Qualitv Control Plan (Basin Plan) 1997. California Enerav Commission 'ELECTRICITY Report'. November 1997 Development Agreement By And Between The City of Temecula, Forest City Development California, Inc., A California Corporation, And LGA-7, Inc., An Illinois Corporation, December 1996. Final EIR, Temecula General Plan Update, March 2005. First Amendment to Development Agreement, By And Between The City of Temecula and Temecula Towne Associates, L.P., September 2006. 16. Other: Wilbur Smith Associates, Temecula Regional Center Traffic Study Update, January 1997. 17. Other: Wilbur Smith Associates, Temecula Regional Center Traffic Study Update, City Planning Questions Concerning Consistency With The Specific Plan EIR Traffic Study Findings, May 1997. Wilbur Smith Associates, Costco Relocation Traffic Study, October 1999. Wilbur Smith Associates, Consistency Letter for Planned Promenade Mall Expansion, May 2001. 20. Other: Resolution No. 93-57 of the City ofTemecula, certifying the EIR and approval of the mitigation monitoring plan for SP 263 by the City of Temecula, July 1993. 1. 3. 4. 5. 6. 7. 8. 9. 10. , Other: Other: 12. 13. Other: Other: 14. 15. Other: Other: 18. 19. Other: Other: Temecula Regional Center Initial StudyJ083106 TOM DODSON & ASSOCIATES City ofT emecuJa Temecula Regional Center INITIAL STUDY VI. IMPACT ASSESSMENt CHECKLIST & DISCUSSION A brief explanation is required for all answers except 'No Impact' answers that are adequately supported by the information sources cited in the parentheses following each question, Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant . UnlessMiligated Lesslhan Significant No Impact Impact 1. LAND USE & PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (1 a, 2,15) y b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdictions over the project? (1,2,5,6,8,10,11) y c) Affect agricultural resources or operations? (1a, 1d, 2) y d) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? (1, 2, 14) y e) Be compatible with existing land use in the vicinity? (1,2, 14) y Substantiation: The general impacts to land use and planning of the Temecula Regional Center, of which the proposed project is a component, are forecast on pages V-1 to V-11 and V-lO to V-l6 and throughout the Temecula Regional Center EIR. Land use impacts, both direct and indirect, were identified as being less than significant, with one exception, from implementing the proposed regional center. The EIR concluded that the utilization of this site would result in the loss of approximately 201.3 acres of pasture crops and dryland grains and lands designated as 'Local Important farmland' and Prime Farmland. This was identified as an unavoidable, significant adverse land use impact of constructing and operating the Temecula Regional Center (TRC). 1 a. Impacts Remain the Same or Less Than as Characterized in the TRC EIR. The proposed development agreement and implementation of the final phase of the approved specific plan for the T emecula Regional Center would not conflict with the general, plan designation or specific plan zoning, The final phase of development of the Temecula Regional Center is part of the implementation of the approved specific plan for the site and General Plan designation for commercial development. The proposed project would develop the final phase of the specific plan in accordance with policies contained in the specific plan and meet all other city requirements. 1 b. Impacts Remain the Same or Less Than Characterized in the TRC EIR. The proposed project would be required to abide with the applicable environmental plans and policies of other agencies with regulatory authority over environmental resources. These agencies include the Air Quality Management District, Regional Water Quality Control Board, and the State Water Resources Control Board, These issues were addressed in the appropriate subchapters of the EIR, The project must also prepare and submit a Notice of Intent to the State Water Resources Control Board and prepare a Storm Water Pollution Prevention Plan (SWPPP), Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City of Temeoula T emecuJa Regional Center INITIAL STUDY In general, all projects in western Riverside County are subject to the Multiple Species Habitat Conservation Plan (MSHCP). However, the Temecula Regional Center site is completely disturbed, paved, or in the process of development and contains no resources protected under the MSHCP. The site is not within the jurisdiction of the Airport Land Use Commission as it is not within the airport influence area of any airport, 1c. Impacts Remain the Same or Less Than Characterized in the TRC EIR. Prior to development of the regional center, the site was used for dry-land farming and pasture and was considered prime farmland and local important farmland. Therefore, the EIR considered development of the site potentially significant to agricultural resources. The site is now completely disturbed with most of the site paved for parking lots or covered with structures. As such, it is no longer considered valuable agricultural property or classified as important farm land by any local or state entity. Therefore, the development of the final phase of the Temecula Regional Center would not be considered significant to agriculture. 1 d. Impacts Remain the Same or Less Than Characterized in the TRC EIR. The proposed project is in the west-central part of the City. Surrounding uses include varying densities of residential uses, commercial uses, industrial and office uses, and the 1-15 freeway. The proposed project is within the approved specific plan and would complete the implementation of the specific plan. The project would not divide an established community. It would implement part of the General Plan land use element and provide and opportunity for the City to collect more sales tax to support benefits for the community at large. The proposed project has no potential to cause a significant physical division in the existing community. 1 e. Impacts Remain the Same or Less Than as Characterized in the TRC EIR. The project site is within an area developed with a mix of uses, including the regional shopping facilities and high density residential uses and industrial uses. The development agreement and development proposed would complete the implementation of land uses envisioned by the specific plan approved for the site. As a result, utilization of the site would be optimized and would support the existing and proposed land uses in the project area. Thus, it will not be incompatible with the existing land uses. The final phase of development of the Temecula Regional Center would be completed during operation of the remaining portions of the Regional Center and some disturbance of on-site traffic would occur. However, no long-term land use incompatibility with surrounding uses would result from project implementation. Traffic impacts on the surrounding area during construction would be reduced through implementation of a traffic management plan approved by the City. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, land use and planning issues, related specifically to the proposed development agreement and buildout of the final phase of the Temecula Regional Center, remain consistent with the approved specific plan and will not experience potentially significant adverse impacts from project implementation greater than those anticipated by the TRC Final EIR. All land use and planning issues are forecast to experience less than significant impacts if the project is approved and implemented. No land use mitigation is required for this project. This finding is consistent with the data contained in the TRC Final EIR. Temecula Regional Center Initial SIudy/083106 TOM DODSON & ASSOCIATES City of T emecula Temecula Regional Center INITIAL STUDY Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No IlTlIacl Impact 2. PUBLIC SERVICES. Would the proposal have an effect upon Or result in a need for new or altered governmental services in any of the fof/owing areas: a) Fire protectiOn? (1,2,14,15) b) Police protection? (1,2, 14,15) y y c) Schools? (1,14) y d) Parks or other recreational facilities? (1,2,14,15) y e) Maintenance of public facilities, including roads? (1,2,14,15) y f) Other governmental services? (1,14) y Substantiation: The general impacts related to public services from development of the project as part of implementation of the General Plan are forecast on pages V-S3 through V-151 of the certified Temecula Regional Center EIR (TRC EIR). The analysis of the regional center, including the proposed final development phase, concluded that the project would not result In significant adverse impacts to any public services, However, the cumulative impacts would be significant. The City of Temecula provides certain public services to the City's residents that are an essential component of the area's transition to a modern urban/suburban community. The services provided by or contracted by the City include: fire protection, law enforcement services (police protection), recreation, and library services, Other services are provided by special districts, or private service entities. These include: schools and medical services. Many of these services are self-supporting, i.e., users of the service pay a direct fee to a commercial operator, Others are funded collectively by the community residents through taxes or payment of Development Impact Fees. 2a. Impacts Remain the Same as Characterized in the TRC EIR. The project site is served by the , Riverside County Fire Department and California Department of Forestry on a contract basis with the City. Five fire stations serve the T emecula area and are staffed by both paid and volunteer personnel. The closest station to respond to emergencies at the project site is the station located at 27415 Enterprise Circle West with back-up from the station at 28330 Mercedes Street. These stations are within a five minute response time of the project site. This project site has been generally included in the City Fire Protection Master Plan's facility improvements and staffing increases for Temecula. It is not expected that any new physical facilities for fire protection will be required to serve the project. The project site is not within a Wildland Fire Protection Area, i.e., an identified special hazard area that requires additional services be available from the California Department of Forestry. Mitigation was required to address emergency management plans for the Temecula Regional Center in the EIR. These resulted in a less than significant impact in this area. Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City of Temecula T emecula Regional Center INITIAL STUDY The proposed extension of time and completion of the final phase of the mall is not forecast to cause significant adverse impacts to fire protection services and no additional mitigation is required beyond the standard City code and design requirements. 2b. Impacts Remain the Same as Characterized in the TRC EIR. The proposed project would be required to meet the City of Temecula General Plan policies and design standards that optimize safety. The proposed project would incorporate these elements, The site design will be examined by the City to ensure compliance with City circulation policies in the specific plan. Measures included to mitigate traffic impacts in the EIR, would also improve safety and may decrease demand for police services in response to local traffic accidents. The City contracts with the Riverside County Sheriff's Department for police services. The Sheriff's Department has a Southwest Station located at 30755-A Auld Road near the French Valley Airport. A store-front station is located within the T emecula Regional Center at the Promenade Mall. The project site also has other law enforcement services available from the California Highway Patrol. The California Highway Patrol has jurisdiction along the Interstate 15 freeway. Mitigation was identified in the EIR to reduce impacts in this area. The proposed project is not forecast to cause significant adverse impacts to police services and no additional mitigation is required for this project. 2c. Impacts Remain the Same or less than Characterized in the TRC EIR. The Temecula Unified School District provides public elementary, junior high and high school education for the area surrounding the project area. The proposed project would create no demand for school capacity as the proposed development would be retail commercial development. No housing is proposed as part of the final phase of development. No school facilities would be displaced. No mitigation would be required and no adverse impact to school facilities is forecast to result from implementing the proposed project. 2d. Impacts Remain the Same or less than as Characterized in the TRC EIR. There are no existing parks close to the project site. Extensive regional park and recreation facilities are located within the area. These include Lake Elsinore, Lake Perris and Lake Skinner, the latter being the closest. These facilities offer camping, fishing, biking, picnicking, swimming and other related outdoor recreation activities. Additional open space recreation activities are located on the Santa Rosa Plateau at the nature park operated for hiking and educational purposes, The proposed project would not place any demand on existing local or regional park and recreation facilities as no housing is proposed as part of the final phase of the specific plan implementation. It would also not displace any existing or known proposed recreational facilities, No mitigation is required, 2e, Impacts Remain the Same as Characterized in the TRC EIR, The proposed project would result in the buildout of an approved specific plan. The City has funding sources in place to maintain roadways and allocates maintenance funds on an annual basis from its general fund. The proposed project would pay for and/or provide publiC: road improvements and maintenance of roadways through sales taxes generated and provisions of the development agreement. The project is forecast to place a less than significant demand on the circulation system maintenance in the City. 2f. Impacts Remain the Same or less than as Characterized in the TRC EIR. Impacts to health services, libraries or other public services are anticipated to be less than significant as a result of implementing the proposed project. No housing is proposed as part of the final phase of development for the specific plan. A commercial development does not result in an increase in population or demand for health services. Therefore, no impact on library operations has been identified such that additional mitigation is required. Temecula Regional Center Initial Study/0831 06 TOM DODSON & ASSOCIATES CityofTemecula T emecula Regional Center INITIAL STUDY No housing is proposed as part of the final phase of specific plan development. A commercial development does not result in an increase in population or demand for library services. Therefore, no impact on library operations has been identified such that additional mitigation is required. No other impacts to public services are anticipated as a result of project implementation. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, public service issues related specifically to the proposed project will not experience potentially significant adverse impacts from project implementation. All public service issues are forecast to experience less than significant impacts if the project is approved and implemented. No additional public service mitigation is required, This finding is consistent with the data contained in the TRC Final EIR. Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated lesslhan Significant No Impact Impact 3. UTiliTIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? (1,2,14,15) y b) Communication systems? ((1,2,14,15) y c) Sewer or septic tanks? ((1,2,14,15) d) Solid waste and disposal? ((1,2,14,15) y y e) Local or regional water treatment or distribution facilities? ((1, 2, 14, 15) y f) Storm water drainage? ((1,2,14,15) y Substantiation: The general impacts related to utilities from development of the project as part of implementation of the Temecula Regional Center Specific Plan are forecast on pages V-93 through V-151 of the certified TRC Final EIR (FEIR). The analysis of the FEIR concluded that no significant adverse impacts wouid affect any utilities. However, cumulative impacts would remain significant. Standard conditions and a few mitigation measures were identified to address project specific potential adverse impacts that were identified in the analysis. The proposed project may adversely impact utilities in one of two ways: first, during construction existing utility lines may be affected by construction and the lines relocated, either within the existing alignment or along another alignment; and second, over the long-term the project would utilize a particular utility service, such as power consumption for street lights, or may alter an existing utility function, such as the drainage system. This project will cause both of these effects and they are evaluated on a case-by-case basis below. The City of T emecula obtains utility services from a variety of providers, ranging from public utilitieS (electricity, natural gas and telephone) and public entities providing water and sewer service, to the City and County which Tamaoura Regional Center Initial Study/D831 06 TOM DODSON & ASSOCIATES City of T emecula Temecula Regional Center INITIAL STUDY provide for flood control and solid waste disposal services. These utility services are similar to the public service systems because they have limited capacity which must be compared to the demand proposed by a new project. As in the case of some public services, most of the utility service systems are self-supporting, Le., users of the service pay a direct fee to the operator, which commonly includes a fee or a portion of the fee available to expand the capacity of the utility service system. Thus, for the water and wastewater system, a connection fee provides the capital to fund future improvements and capacity expansion to meet future forecast demand. Other than the ongoing storm water drainage management system, none of the utility systems, including solid waste collection and disposal, is funded collectively by the community residents through taxes or payment of Development Impact Fees (DIF). As discussed below, any disturbance and/or relocation of utility infrastructure would be coordinated with the appropriate utility. 3a. Imoacts Remain the Same as Characterized in the TRC EIR. Southern California Edison (SCE) is the electricity provider for the proposed project area. Some demand for electricity would be created by the need to supply energy for the proposed buildout of commercial space in the approved specific plan. The project and associated energy needs are part of the impacts analyzed for the buildout scenario in the TRC EIR and General Plan EIR. The electricity demand for this final phase of the project would be considered less than significant. SCE has local distribution lines on site. Potential relocation of lines within the specific plan area is not forecast to cause any additional adverse impacts due to the disturbance related to the proposed project. Southern California Gas is the natural gas provider to the project site. Demand for natural gas would increase as a result of developing the final phase of specific plan buildout. Any natural gas infrastructure located within the project disturbance area would be protected and/or relocated during project implementation. Based on the overall energy circumstances affecting the proposed project, the energy resources are expected to be on line to serve the energy needs of the region, as already acknowledged by the local suppliers, SCE and The Gas Company. No significant energy impacts are forecast to result from implementing the proposed project. 3b. Imoacts Remain the Same as Characterized in the TRC EIR. Communication systems including telephone, cable and high-speed internet lines, are available in the vicinity of the project area and would be used as part of project implementation. Any lines within the project disturbance area would remain in place, be removed and relocated outside the project area, or removed and placed at a depth that would protect them within the project area. In any case, the potential relocation is not forecast to cause any significant adverse impacts. 3c. Imoacts Remain the Same as Characterized in the TRC EIR. Demand for wastewater services would result from the proposed project. No septic systems would be used to serve this project. Sewer infrastructure is located within the project area and wastewater would be treated at Eastern Municipal Water District=s Temecula Valley Wastewater Reclamation Facility, Any sewer or infrastructure within the project area would be protected or relocated during project implementation. No recycled water lines exist within or near the project area. Wastewater services impacts were analyzed in the FEIR. No significant changes to buildout wastewater demand would occur as a result of the proposed time extension of the development agreement and construction and operation of the final phase of specific plan. 3d. Imoacts Remain the Same as Characterized in the TRC EIR. The proposed project will generate demand for solid waste service system capacity during construction and operation. The buildout impacts of the proposed project on solid waste services were analyzed within the TRC EIR and found to be less than significant applying standard conditions and with mitigation incorporated. Solid waste TemeculaRegional Center Initial Study/083106 TOM DODSON & ASSOCIATES City of Temecula Temecula Regional Center INITIAL STUDY capacity in area landfills, particularly the EI Sobrante Landfill, has been expanded to provide adequate disposal capacity for cumulative demand. EI Sobrante has more than 20 years of capacity available and licensed at this time. Combined with the City=s mandatory source reduction and recycling program and policies and programs for promoting recycling and waste reduction, the proposed project is not forecast to cause a significant adverse impact to the waste disposal system. 3e. Imoacts Remain the Same as Characterized in the TRC EIR. The proposed project is located within the boundaries of Rancho California Water District (RCWD). The proposed project would require water during general construction activities and during operation. Commercial development would require water for general operations, fire flows (if required), restaurant and other food service uses and landscaping in parking lots and other outside areas. The impacts of the Temecula Regional Center Specific Plan on water demand were analyzed in the EIR. Mitigation measures were recommended to reduce water impacts of the project such as complying with any requirements to install reclaimed/recycled water infrastructure if applicable and installing water saving fixtures and irrigation systems. With implementation of mitigation measures, impacts to water were considered less than significant. Water lines are available at the site and any relocation of water lines would be coordinated with RCWD. Recycled water may be made available as recycled water lines are extended to new areas near the project site. If available, it can be utilized within the project boundaries. 3f. Imoacts Remain the Same as Characterized in the TRC EIR. Drainage improvements connecting the final phase of the specific plan to the master drainage plan on-site and to the existing region-wide flood control/storm runoff drainage system would be constructed as part of the proposed project and as analyzed in the EIR. Please refer to a detailed discussion of this issue in Section 6, Water. The proposed project would comply with all Riverside County Conservation and Flood Control District regulations including provision for no net increase in incremental discharge volumes from the site and for water quality requirements. Note that since the project area being converted for the final phase is already paved, no increase in storm water runoff will result from completing this phase of the project. Onsite runoff will be detained in accordance with Flood Control District requirements. The project would also have to meet the City requirements. The project will not increase the volume of flows downstream of the project and no significant project specific or cumulative significant adverse impact is forecast for the storm water drainage system if the project is implemented as proposed. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above utility issues related specifically to the proposed project and incorporation of mitigation in the EIR, there would be no potentially significant adverse impacts from project implementation All utility issues are forecast to experience less than significant impacts if the project is approved and implemented. This finding is consistent with the data contained in the TRC Final EIR. Temecula Regional Center Initial Studyl083106 TOM DODSON & ASSOCIATES City of T emecula T emecula Regional Center INITIAL STUDY Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact 4. POPULATION & HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (1,2, 14) y b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (1,2,14) y c) Displace existing housing, especially affordable housing? (1, 2, 14) y Substantiation: The general and indirect impacts related to population and housing is forecast on pages V-9 to V-11 and V- 152 to V-154 and throughout the certified Temecula Regional Center EIR. 4a. Impacts Remain the Same as Characterized in the TRC EIR. The proposed project is the time extension of a development agreement and the subsequent completion of the final phase of specific plan development and will not provide housing or lead to a significant increase in population or housing, This project has no potential to cause population growth that would exceed official regional or local population projections. The specific plan does allow for some residential uses, but these uses will not be implemented on the project site. Implementation of the proposed action will enhance the jobs/housing balance for the City by increasing the total square footage of development within the specific plan area closer to the buildout square footage identified in Tables 1 and 2 in this document. However, the proposed development only includes retail commercial uses at this time. 4b. Impacts Remain the Same as Characterized in the TRC EIR. The proposed project does not provide housing. The site is within the current developed area in the City and surrounding community, It will complete the construction of the specific plan previously approved and was included in the T emecula General Plan Update and General Plan EIR in addition to being analyzed in the TRC EIR, As such, the proposed project is considered to be consistent with the General Plan growth projections, No significant extension of utilities and services will be required as part of the project. Existing utilities located on site may be relocated as part of the project to accommodate the final phase of development. The needs of existing and projected population for retail commercial services as anticipated by the General Plan will be partially fulfilled by completing the final phase of the Temecula Regional Center. As it serves existing and planned needs, the proposed project has no possibility of inducing substantial growth within the City or project area in general. 4c. Impacts Remain the Same as Characterized in the TRC EIR. There are no residences within the proposed project site that would be demolished as part of the construction of the final phase of the specific plan. The project site is an existing shopping center with no residential uses. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, population and housing issues related specifically to the proposed project will not experience potentially significant adverse impacts from project implementation, All population and housing issues are forecast to experience less than significant Temecula Regional Center Initial Study/063106 TOM DODSON & ASSOCIATES City of T emecula T emecula Regional Center INITIAL STUDY impacts if the development agreement time extension is approved and implemented. No population and housing mitigation is required for this project. This finding is consistent with the data contained in the TRC Final EIR. Potentially Potentially less than Significant Significant Significant No Issues (and Supporting Information Sources): Impact Unless Mitigated Impact Impact 5. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? y (1,2,14) b) Hazards to safety from design features (e,g. y sharp curves or dangerous intersections), incompatible uses (e.g. farm equipment) or barriers for pedestrians or bicyclists? (1,2) c) Inadequate emergency access or access to y nearby uses? (2) d) Insufficient parking capacity on-site or off-site? y (2) e) Conflicts with adopted policies supporting y alternative transportation (e.g. bus turnouts, bicycle racks)? (1,2, 14) f) Air or rail traffic impacts? (1,2) y Substantiation: The general impacts related to transportation/circulation issues from development of the project as part of implementation of the Regional Center are forecast on pages V-93 through V-117 of the certified TRC Finai EIR (FEIR). Extensive mitigation measures were identified to reduce circulation impacts. The analysis concluded that with mitigation incorporated, no potentially significant impacts would occur to the circulation system as a result of the specific plan implementation. However, cumulative impacts to circulation would be potentially significant and could not be mitigated to a less than significant level. Traffic impacts from buildout of the General Plan, which include the anticipated buildout of the Temecu[a Regional Center Specific Plan, are also evaluated in the recent General Plan FEIR. Several intersections and freeway ramps are forecast to operate at less than acceptable levels of service, even with all feasible mitigation incorporated as a result of General Plan implementation. The proposed project being considered in this Initial Study is a proposed Development Agreement Amendment to extend the term of the T emecula Regional Center Development Agreement an additional three years to provide for the future development of the remaining square footage allowed under the final phase of the Temecula Regional Center Specific Plan. 5a. Imoacts Remain the Same as Characterized in the TRC EIR, The City of T emecula has identified the minimum level of service (LOS) as 'D' for City intersections not adjacent to the interstate freeways and LOS 'E' for intersections and ramps adjacent to ,freeways. As described above, the proposed project Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City of Temecula T emecula Regional Center INITIAL STUDY will generate traffic. However, the traffic generated by the final phase of Specific Plan development was anticipated by the TRC EIR and mitigation measures were included in the EIR to reduce traffic impacts to less than significant levels. However, the TRC EIR also identifies potentially significant cumulative impacts to the city circulation system due to general growth in the area that cannot be mitigated to a less than significant level. The General Plan EIR also identifies cumulative impacts to circulation that cannot be mitigated to a less than significant level. No new or greater impacts to circulation will result from project implementation that were not analyzed in the TRC EIR and recently validated in the General Plan EIR. 5b. Impacts Remain the Same as Characterized in the TRC EIR. New road improvements were proposed and implemented as part of the first phases of Regional Center development. Any design proposed for road improvements or parking facilities will meet the City's design standards that are deemed to be sufficient so as to create no traffic flow hazards. Based on the approved Specific Plan and EIR the proposed project is not forecast to pose signifiCant hazards to pedestrians, bicyclists, or motor vehicies, 5c. Impacts Are Identified That Were Not Considered in the TRC EIR. During construction adequate emergency access and control must be accomplished by implementing a traffic management plan to ensure safe, albeit, slower traffic flow on the adjacent streets and within the Regional Center. The EIR does not analyze this issue area. However, the City requires a traffic management plan for all development as a standard condition. Therefore no mitigation is required to ensure this issue area remains less than significant because it will be applied to the final phase of development as a standard condition of approval. The Specific Plan and City design standards include features to ensure that hazards to safety from design features (e.g. sharp curves or dangerous intersections), incompatible uses (e.g, farm equipment) or barriers for pedestrians or bicyclists do not occur. Implementation of these standards is sufficient to ensure that emergency access constraints and hazards created by construction activities are controlled to a less than significant impact level. 5d. Impacts Remain the Same as Characterized in the TRC EIR. The existing specific plan and City of Temecula zoning ordinance include requirements for adequate parking capacity. With buildout of the Specific Plan, parking capacity would be increased if necessary using one or more parking structure(s). Therefore, there would be no adverse impact to parking capacity as a result of this project. 5e. Impacts Remain the Same as Characterized in the TRC EIR. The design of the proposed project would not be in conflict with policies supporting alternative transportation. Mitigation measures are included in the EIR to encourage alternative modes of transportation, including public transportation, as they have the potential to ease general traffic congestion in the area. 5f. Impacts Remain the Same as Characterized in the TRC EIR. The project does not affect any rail or water circulation systems as none exists in the project area. The project is not located within the airport influence area of French Valley Airport or any other airport. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, and incorporation of mitigation measures in the EIR, transportation/circulation issues are not forecast to experience significant adverse impacts from project implementation, All traffic flow issues related to the proposed project are forecast to experience less than significant impacts if the project is approved and implemented. Temecula Regional Center Initial Study/0831 06 TOM DODSON & ASSOCIATES City ofT emecula T emecula Regional Center INITIAL STUDY Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact 6. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (1,2, 14) y b) Exposure of peaple or property to water related hazards such as flaoding and inundatian? (1,2,14) y c) Discharge into surface waters, or in other alteration of surface water quality, (e.g., temperature, dissolved oxygen ar turbidity)? (1,2,14) y d) Changes in the amount of surface water in any water body? (1,2,14) y e) Changes in currents, or the course ar direction of water movements? (1,2,14) y f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? (1,2,14) y g) Altered direction or rate of flow af ground waters? (1,2,14) y h) Impacts to ground water quality? (1,2,14) y Substantiation: The general impacts related to water issues from development of the project as part of implementatian of the Specific Plan are forecast on pages V-26 to V-30, V-56 to V-58, and V-118 to V-123 o.f the certified TRC Final EIR (FEIR). No significant adverse impacts to the area drainage system and water quality would result from ,the proposed project implementation. However, cumulative impacts to regional fload facilities were considered potentially significant. Several mitigation measures were identified to address the project site hydralogy and water quality impacts, including measures, to control future runoff and to install required drainage system improvements for the project. 6a,d &e. Impacts Remain the Same as Characterized in the TRC EIR. Implementation of the Specific Plan was anticipated to result in changes to absorption rates and the amount of runoff from the praject site. An engineering report (See Volume II of the SP/EIR), and drainage study were used to analyze impacts of runaff fro.m the implementation of the Specific Plan in the certified EIR. The project site is presently developed with impervious surfaces, asphalt and concrete. Therefore, subsequent constructian of the final phase of Specific Plan implementation would not result in an increase in impervious surfaces, The propased project has been designed to accommadate the storm water flows and these flows will be directed to on-site drainage facilities. The storm runoff will be discharged into the existing aff-site Temecula Regional Center Initial S1udy/083106 TOM DODSON & ASSOCIATES City of T emecula Temecula Regional Center INITIAL STUDY system of man-made channels at a comparable volume to the existing volume of runoff. The flows will be delivered to the regional drainage system, which includes soft-bottom channels, such as Murrieta Creek, that facilitate water recharge into the ground water basins. With implementation of mitigation listed in the EIR, the proposed project would not result in significant adverse changes in the local existing drainage pattern and absorption rates within the area. No additional mitigation beyond those measures already identified in the EIR is required. 6b. Impacts Remain the Same as Characterized in the TRC EIR. Based on a review of pertinent FEMA and FIRM maps for the project area, the proposed project is located partially within a 1 OO-year flood hazard zone and partially within the inundation area for the Lake Skinner Dam. Grading and drainage facilities on the site have reduced the flood plain impact to Jess than significant. Thus, the implementation of the final phase of the Specific Plan will not result in an exposure of new facilities to significant flood hazards. As described in the analysis of 6.a above, the proposed project will be required to convey storm water flows to regional drainage systems in a manner that would ensure that no significant flood hazards will occur downstream. Potential impacts for this issue would be less than significant based on the lack of existing flood hazard and the implementation of mitigation measures identified in the EIR. Further, the project site is not subject to significant flood hazards from seiche, or tsunami. 6c. Impacts Remain the Same as Characterized in the TRC EIR. The proposed project encompasses activities that would typically generate some urban non-point source pollution. Paved roadways and parking lots generally accumulate urban non-point pollutants (particles, trash, oil, etc.) This project would discharge into the regional system that flows into Murrieta Creek and eventually the Santa Margarita River. Varying amounts of urban pollutants such particles and petroleum products (motor oil, antifreeze, etc.) could be introduced into downstream waters from the proposed roadways. However, the proposed project is not anticipated to generate discharges that would require pollution controls beyond those already required by the City and was forecast by the General Plan for this area improvement. The County and cities have adopted stringent best management practices designed to control discharge of pollution that could result in a significant adverse impact to surface water quality. The primary document containing the guidelines for the County=s Municipal Stormwater Management Program is titled: 'Riverside County Drainage Area Management Plan, Santa Ana and Santa Margarita Regions' (2005). Specific appendices define best management practices (BMPs) that when implemented, can ensure that neither significant erosion and sedimentation, nor other water quality degrading impacts will occur as a result of developing the project. Since BMPs are mandatory for the project to comply with established pollutant discharge requirements during both construction (Storm Water Pollution Prevention Plan, SWPPP) and over the long-t!lrm (Water Quality Management Plan, WQMP),no additional mitigation is required to ensure this issue is appropriately addressed. Compliance will be ensured through fulfilling the requirements of the SWPPP and WQMP, which can be monitored by both the City and the San Diego Regional Water Quality Control Board. 6f-h. Impacts Remain the Same as Characterized in the TRC EIR. The project is in an area where depth to ground water has been measured from 20 to 45 feet below the surface depending on seasonal precipitation and other factors. However, the potential to intercept ground water during grading and construction is essentially zero. Any grading would associated with the proposed project would be less than 20 feet below the surface. The proposed project is not subject to the requirements of Senate Bills 221 and 610 because the final phase of development improvements do not have a water demand equivalent to or greater than the amount of water required for a 500 dwelling unit project (approximately 250 acre ft. per year). As discussed in response 6c, surface water quality impacts would be below a level of significance with implementation of standard conditions. Therefore, ground water quality impacts would also be less than significant because the proposed project will not deliver significantly contaminated water to the ground Temeculil Regional Center Initial Studyl083106 TOM DODSON & ASSOCIATES City of Temecula T emecuJa Regional Center INITIAL STUDY water aquifer through percolation. The impacts to rate and direction of flow of ground water would also not experience a significant adverse impact because no pumping is proposed in association with the proposed project on the project site. No significant adverse impacts to ground water are forecast to occur as a result of implementing the proposed project. Conclusion The proposed project is the extension of the existing development agreement during which the final phase 6f development will be implemented. Based on the analysis presented above, and implementation of the water mitigation measures in the EIR, water issues are not forecast to experience significant adverse impacts from project implementation. Based on the analysis presented above, water issues related specifically to the proposed project will not experience potentially significant adverse impacts from project implementation. All water issues are forecast to experience less than significant impacts if the project is approved and implemented. New requirements for water quality protection have been imposed since this project was approved, but the City mandates that best management practices be imposed to control construction and long-term potential water quality degrading pollutants to the maximum extent practicable. Because this is a mandatory requirement, no new mitigation needs to be imposed to achieve a less than significant impact on water quality issues. No new water mitigation measures are required for this roadway project. This finding is consistent with the data contained in the TRC Final EIR. Potentially Potentially less than Significant Significant Significant No Issues (and Supporting [nlannelion Sources): Impact Unless Mitigated Impact Impact 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or y their habitats (including, but not limited to plants, fish, insects, animals, and birds)? (1,2,14,15) b) Locally designated species and/or natural Y communities (e.g. heritage trees, oak forests, etc.)? (1,2,14,15)) c) Wetland habitat (e.g. marsh, riparian and y vernal pools)? (1,2., 14, 15) d) Wildlife dispersal or migration corridors, y (including, but not limited to Murrieta Creek, Warm Springs Creek and Cole Creek)? (1,2,14,15) Substantiation: The general impacts related to biological resources from development of the project as part of implementation of the Temecula Regional Center Specific Plan are forecast on pages V.77 through V-a3 of the certified TRC Final EIR (FEIR). Several general mitigation measures were identified to address the project site biology resource impacts. The EIR concluded that no significant resources were present on the site and that no adverse impacts to the onsite biological resource issues would result from the implementation of the Specific Temecula Regional Center Initial StudyJ083106 TOM DODSON & ASSOCIATES City of T emecula T emecula Regional Center INITIAL STUDY Plan. However, the incremental loss of biotic resources (non-native grassland/open space previously used for farming) would contribute to significant region-wide cumulative impacts to biological resources Two studies were conducted to evaluate biological resources on the Specific Plan site which includes the proposed project. The summaries of the studies and technical reports are included in the certified EIR for the TRC and are incorporated by reference into this analysis. Mitigation was included in the EIR to reduce the impacts associated with the development of the site to a less than significant level. The EIR concluded that with this mitigation, no significant, unavoidable impacts to biological resources would occur as a result of development of the site. However, cumulative impacts would remain significant. The proposed project would result in buildout of the Specific Plan as anticipated in the EIR at the same site location. No additional biological impacts would occur from project implementation than were analyzed in the TRC EIR. Because they are where the final phase will be developed has already been converted to urban uses, the proposed project does not need to incorporate the mitigation measures listed in the EIR in the biological resources section. 713.. Impacts Remain the Same as Characterized in the TRC EIR. The vegetation on the site was categorized as introduced, or non-native, grassland and the site used as foraging habitat for raptors. However, the site is currently completely disturbed and/or developed with a major shopping center and other urban uses and paved for parking. No biological resources remain on-site with the exception of some landscaping that has extremely limited value for use by native wildlife. The proposed project would not disturb or destroy any biological resources. There is no blue-line stream on site and drainage on-site has been altered through the implementation , of earlier phases of the Specific Plan as anticipated by the TRC EIR. 7b. Impacts Remain the Same as Characterized in the TRC EIR. The EIR found no species of concern occurring within the proposed project or oaks or other plant species of concern within the project site. The Stephens Kangaroo Rat was found nearby, but not on the project site. Raptors used the site for foraging, but the loss of foraging habitat at this particular site alone was not considered a significant impact. The site is now completely disturbed and/or developed with a shopping center and associated uses. Development of the final phase of the Specific Plan will have a less than significant impact in this area. 7c. Impacts Remain the Same as Characterized in the TRC EIR. No riparian habitat, vernal pools, wetlands, or jurisdictional waters were found on site. The site was used for dryland farming and was highly disturbed at the time of the EIR analysis. Since the site is fully developed with urban uses, no potential exists to adversely impact any wetlands. 7d. Impacts Remain the Same as Characterized in the TRC EIR. The project site is completely disturbed and developed for human use. It is also surrounded by other urban uses and isolated from habitat areas making it generally unsuitable as a wildlife movement corridor. The project site is not located within wildlife dispersal or migration/movement corridor and the lack of habitat resources indicate that the proposed project does not serve as a movement corridor. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, and implementation of the biology mitigation measures in the EIR, biology resource issues are not forecast to experience significant adverse impacts from project implementation. Based on the analysis presented above, biology issues related specifically to the final phase of Specific Plan development will not experience potentially significant adverse impacts from project implementation. All biology resource issues are forecast to experience less than Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City of Temecula T emecula Regional Center INITIAL STUDY significant impacts though cumulative impacts from area-wide development remain significant. This finding is consistent with the data contained in the TRC Final EIR, Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (1, 2, 14) y b) Use non-renewable resources in a wasteful and inefficient manner? (1,2,14) y Substantiation: The general impacts related to energy resources issues from development of the project as part of implementation of the Temecula Regional Center are forecast on pages V-84 through V-85 and V-133 through V-137 of the certified TRC Final EIR (FEIR), Several standard conditions were identified to address the project site energy impacts. The analysis of the project concluded that no significant adverse impacts to ' energy resources would result from the proposed project implementation. However, cumulative impacts to energy resources from general area-wide growth were considered potentially significant. 8a. Impacts Remain the Same as Characterized in the TRC EIR. The project would not conflict with any known energy or non-renewable resource conservation plans. The proposed project is part of the implementation of an approved Specific Plan. Energy resources were identified in the EIR as being adequate to meet the needs for the Specific Pian buildout. Please refer to Section 3 of this Initial Study for a further discussion of energy suppliers in relation to the proposed project. 8b. Impacts That Were Not Characterized in the TRC EIR. The EIR did not specifically discuss mineral resources impacts of the Temecula Regional Center as the County had found mineral resources impacts to be less than significant in their previous Environmental Assessment for the City. However, the construction of the uses allowed by the Specific Plan would use energy and non-renewable resources, such as concrete, steel and asphalt. However, the buildout of the final phase of the Specific Plan would have no greater impact than the buildout of the Specific Plan as a whole and would be included as contributing part of the impact of the whole project. The use of resources to complete a regional shopping center and provide services to the community as envisioned in the Specific Plan and General Plan would not be considered wasteful or inefficient. Therefore, the project would have a less than significant impact in this area. The site is not located on any known significant mineral resource and is not known to have been mined in the past. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, energy and mineral resource issues related specifically to the proposed project will not experience potentially significant adverse impacts from project implementation. All energy and mineral resource issues are forecast to experience less than significant impacts if the final phase of Specific Plan construction is approved and implemented. No energy or Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City ofT emecula T emecula Regional Center INITIAL STUDY mineral resource mitigation is required for this project. This finding is consistent with the data contained in the TRC Final EIR. Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact 9. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (1,2,14) y b) Disturb archaeological resources? (1,2,14) , y c) Affect historical resources? (1,2, 14) y d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (1,2, 14) y e) Restrict existing religious or sacred uses within the potential impact area? (1,2, 14) y Substantiation: The general impacts related to cultural resource issues from development of the project as part of implementation of the Specific Plan are forecast on pages V-89 through V-92 of the certified TRC Final EIR (FEIR). The analysis of the project concluded that no significant adverse impacts to cultural resources would result from the TRC development. Several mitigation measures were identified to address the project site cultural resource impacts. Archaeological and Paleontological Assessments were performed on the site as part of the environmental analysis in the certified EIR for the TRC. These studies are provided as part of the EIR, Volume III. 9a. Impacts Remain the Same as Characterized in the TRC EIR. The paleontological assessment suggests that there is a probability that paleontologic resources exist on some portions of the site and that fossil remains and fossil sites could be adversely affected by activities necessary to implement the Specific Plan project. In order to reduce this impact to less than significant, mitigation measures (including monitoring) were included in the EIR to be implemented during ground disturbance. The site has since been disturbed and almost completely developed. Implementation of the final phase of construction on the site would not involve grading to a depth where paleontologic resources are likely to . occur. However, application of the existing mitigation measures would ensure the impacts to paleontologic resources remain less than significant. 9b. Impacts Remain the Same as Characterized in the TRC EIR. The archaeological assessment concluded that no archaeological resources are likely to exist on the project site. A mitigation measure was included which requires that should in the event that any cultural resources are encountered during grading or construction activities, work shall be halted or diverted in the immediate area and a qualified archaeologist shall be consulted for evaluation of resources and recommendations. It is unlikely that any cultural resources would be encountered during the final phase of Specific Plan buildout as the site has already been completely disturbed and graded in order to develop previous phases of the project. However, implementation of the included mitigation measure would ensure that impacts in this area remain less than significant. Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City of Temecula T emecu[a Regional Center INITIAL STUDY 9c. Impacts Remain the Same as Characterized in the TRC EIR. No significant historical resources were found on site prior to development. The site had been used as a farm and some remnants of structures were found on site but were not considered significant resources. No significant adverse historical impacts are forecast to result from implementing the proposed project within the Specific Plan site, The re are no known historical resources on the site and the site has already been completely disturbed and graded as part of the implementation of earlier phases of the Specific Plan. 9d. Impacts Remain the Same as Characterized in the TRC EIR. The proposed project site is not known to have any unique ethnic cultural values. No significant or unique ethnic cultural values were identified during the paleontological or archaeological studies. Thus, no potential exists to cause adverse impacts to unique ethnic cultural values. ge. Impacts Remain the Same as Characterized in the TRC EIR. No significant ethnic, religious, or sacred resources are known to exist on site. The site is used primarily as a shopping mall with other accessory retail, restaurant and office uses; No adverse impact can occur from implementing the proposed project. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, and implementation of the cultural resource mitigation measures in the EIR, cultural resource issues are not forecast to experience significant adverse impacts from project implementation. Based on the analysis presented above, cultural resource issues related specifically to the proposed project will not experience potentially significant adverse impacts from project implementation. All cultural resource issues are forecast to experience less than significant impacts if the project is approved and implemented. No new cultural resource mitigation measures are required for this project. This finding is consistent with the data contained in the TRC Final EIR. Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact 10. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (1,2,14) y b) Affect existing recreational opportunities? (1,2,14) , y Substantiation: The general impacts related to recreation from development of the project as part of implementation of the Temecula Regional Center Specific Plan are forecast on pages V- 131 through V-312 of the certified TRC Final EIR (FEIR). Please refer to the discussion regarding parks and recreation in Section 2 of this document. The analysis of the Specific Plan, including the final phase, concluded that no significant adverse impacts to recreational resources would result from the proposed project.implementation. lOa. Impacts Remain the Same or Less Than as Characterized in the TRC EIR. The proposed project is a commercial development and does not include housing. Therefore, no demand for recreation would be generated from project implementation. The Specific Plan does allow residential uses. However, these have not been developed within the Specific Plan area and are not being considered at this time. Therefore, the impacts of Specific Plan buildout in this issue area are less than what was Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City ofT emecula Temecula Regional Center INITIAL STUDY forecast at the time of Specific Plan EIR certification and approval. No demand for recreation or parks would result from the implementation of the proposed project. 10b. Imoacts Remain the Same or Less than as Characterized in the TRC EIR. The proposed project would not develop or impact any areas planned for recreational uses. The proposed project site is designated and zoned for commercial, office and related use. No adverse impact to any existing recreation opportunities are forecast to occur if the proposed project is implemented. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, recreation issues related specifically to the proposed project will not experience potentially significant adverse impacts from project implementation. Recreation issues are forecast to experience less than significant impacts if the project is approved and implemented. This finding is consistent with the data contained in the TRC Final EIR, Issues (and Supporting Information Sources): Potentially Signlflcant Impact Potentlally Significant Unless Mitigated less than Significant No Impact Impact 11. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (1,2,14) y b) Have a demonstrable negative aesthetic effect? (1,2,14) Create light or glare? (1,2, 14) y c) y Substantiation: The general impacts related to aesthetic issues from development of the project as part of implementation of the Specific Plan are forecast on pages V-86 through V-88, V-148 through V- 149, and of the certified TRC Final EIR (FEIR). The analysis of the Specific Plan, including the final phase, concluded that no significant adverse impacts to aesthetic values would result from the proposed project implementation. Several mitigation measures were identified to address the project site aesthetic impacts related to light and glare. 11 a. Imoacts Remain the Same as Characterized in the TRC EIR. The proposed project is set in the west- central area of Temecula which has been characterized by rolling hills with views of surrounding hillsides and larger mountains in all directions. The area has become urbanized and is developed with a mix of uses but dominated by commercial uses. The proposed project is adjacent to Highway 79, which is designated a 'Eligible County Scenic Highway'. The EIR determined that the project would have no significant adverse aesthetic impacts on this highway. The proposed project, would not impact undeveloped hillsides and ridgelines would still be visible in the area after the project site is developed. The site is adjacent to 1-15, but due to the ievel of development in the project area, the visual setting is not considered a significant scenic resource. Adverse aesthetic impacts to scenic resources from development of the site would be less than significant with implementation of existing City Design Standards and Design Guidelines in the Specific Plan. These standards include design criteria that enhance the aesthetics of a project and require design and site layout that are compatible with the surrounding area. The project will be required to meet ~he City public works standards and any roadway improvements would be improved to General Plan and Specific Plan specifications. Temecula Regional Center Initial Studyl0831 06 TOM DODSON & ASSOCIATES City oITemecula T emecula Regional Center INITIAL STUDY 11 b. Imoacts Remain the Same as Characterized in the TRC EIR. The proposed project would extend the timeline of a Development Agreement to provide for the development of the final phase of a Specific Plan. The final phase would complete the core area of an existing regional shopping mall. The surrounding area is dominated by commercial uses with some office, industrial, and residential uses. With implementation of General Plan and Specific Plan development standards and design criteria the impacts of the proposed project would be consistent with the impacts analyzed in the certified EIR for the Specific Plan. Improvements would also be required to meet the city public works standards, Any negative effects to aesthetics would be less than significant. 11 c. Imoacts Remain the Same as Characterized in the TRC EIR. The implementation of the finai phase of the Specific Plan would create limited light and glare that may adversely impact the surrounding area as lighting would be installed to enhance safety. These impacts would be reduced with implementation of the 'night lighting standards as established by the General Plan and Specific Plan and that mandate that each project conform to Palomar Observatory lighting requirements as established in Riverside County Ordinance 655. With implementation of these mandatory design requirements for lighting and the mitigation measures included in the EIR, the proposed project will not cause significant night lighting impacts. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented, Based on the analysis presented above, and implementation of the aesthetic mitigation measures in the EIR, aesthetic issues are not forecast to experience significant adverse impacts from project implementation. Based on the analysis presented above, aesthetic issues related specifically to the proposed Development Agreement and final phase of Specific Plan development will not experience potentially significant adverse impacts from project implementation. All aesthetic issues are forecast to experience less than significant impacts if the project is approved and implemented, No new aesthetic mitigation measures are required for this project. This finding is consistent with the data contained in the TRC Final EIR. Temecula Regional Center Initial S1udyl0831 06 TOM DODSON & ASSOCIATES City ofTemecula T emecula Regional Center INITIAL STUDY Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact 12. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? (1, 2, 14) y b) Seismicity: ground shaking or liquefaction? (1, 2,14) y c) Seismicity: special study zone? (1, 2, 14) y d) landslides or mudslides? (1, 2, 14) y e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill?(1,2,14) y f) Subsidence of the land? (1, 2, 14) g) Expansive soils? (1, 2, 14) y y h) Unique geologic or physical features? (1, 2, 14) y Substantiation: The general impacts related to geology and soil issues from development of the project as part of implementation of the Specific Plan are forecast on pages V-12 through V-24 of the certified TRC Final EIR (FEIR). The analysis of the Specific Plan, including the final phase of development, concluded that no significant adverse impacts to geology or soil resources would result from the Specific Plan implementation, Several mitigation measures were identified to address the project site geology and soil resource impacts. A geotechnical report of the site was prepared as part of the environmental analysis in the certified EIR for the Specific Plan. This study is provided as part of the EIR, Volume III. The proposed project is located in a seismically active area as is all of southern California. The Elsinore fauit and Murrieta Hot Springs fault are located within one mile of the project site. However, no active fault traces or faults have been found within the project site. It is estimated that an earthquake of magnitude 7.0 on the Richter scale could occur on the nearby Elsinore fault segment. Significant earthquakes have occurred on faults near the site. A total of 131 earthquakes of magnitude 5.0 or greater have occurred within 100 miles of the site since 1932. 12a, Impacts Remain the Same as Characterized in the TRC EIR. The site is not located within a State of California Fault-Hazard Zone for active faulting and no active fault traces or faults have been found on the project site, Ground rupture normally occurs along pre-existing faults. As there are no active faults on the project site, the ground rupture potential is projected to be low to non-existent. Tamecura Regional Center Inilial Studyl083106 TOM DODSON & ASSOCIATES City ofT emecula Temecula Regional Center INITIAL STUDY The City requires construction to meet its geotechnical design standards. The project structural engineer is required to design the project based on the site-specific soil and bedrock constraints and seismic hazards. Implementing the standards required by the City and the published geotechnical requirements would ensure that the potential impacts associated with fault rupture would be less than significant. Further, mitigation measures included in the EIR ensure that the final phase of Specific Plan will be constructed to meet City design standards. 12b, Impacts Remain the Same as Characterized in the TRC EIR. The site is located in a seismicaiiy active area typical of southern California and is likely to experience ground shaking due to earthquakes on nearby faults. The maximum credible earthquake for the Elsinore-Temecula fault zone is 7.0 on the Richter Scale, The City requires construction to meet City standards and the project structural engineer would design the project based on the site-specific soil and bedrock constraints identified in published geotechnical reports for the project site. Implementing the standards required by the City and published geotechnical reports would ensure that the potential impacts associated with ground shaking would be less than significant. See mitigation listed under 12a above. Sites with loose to medium dense soils in areas where ground water is within 40 feet of the surface are susceptible to liquefaction with strong ground shaking, There is potential for liquefaction in the northern part of the site as groundwater can be, only 20 feet below the surface and soils are susceptible to liquefaction. However, the impact'in this issue area wouid be less than significant with implementation of mitigation incorporated from the EIR and would be no greater than previousiy analyzed. 12c. Impacts Remain the Same as Characterized in the TRC EIR. The nearest known special study zone and active fault is the Elsinore fault located within 0.4 mile west of the site. It is estimated that an earthquake of magnitude 7.0 on the Richter scale could occur on this nearby fault segment. Significant earthquakes have occurred on faults near the site, However, as the site is not within a special study zone, impacts to this area are considered less than significant. 12d. Impacts Remain the Same as Characterized in the TRC EIR. The landslide risk within the area is low due to the existing topography and the general competence of the underlying geology. Additionaiiy, the site is now completely graded and developed as with parking lots. The overaii slope of the finished project would not create a significant potential for landslides or mudslides. Therefore the potential for landsliding and/or mudslides is considered less than significant. 12e. Impacts Remain the Same as Characterized in the TRC EIR. The issue of erosion and sedimentation are discussed under issue 6c of this document. City grading standards, best management practices and the SWPPP and WQMP are required by mitigation to control the potential significant erosion hazards. The topography has been changed to accommodate development of earlier phases of Specific Plan implementation and has been graaed to avoid erosion. Erosion of the onsite soils is a potential impact during excavation, grading, fill and compacting operations. However, if grading does occur as part of the project implementation, compliance with City and County standards can ensure that the potential for significant erosion will be controiied on the project site and be less than significant. In addition, because the area of impact is greater than one acre, the final phase of the Specific Plan must be developed meeting current water quality requirements, including the filing of a Notice of Intent and implementation of a Storm Water Poiiution Prevention Plan (SWPPP) and Water Quality Management Plan, (WQMP). Since this is a mandatory requirement, no additional mitigation is required to control potential water quality impacts to a less than significant impact level. 12f. Impacts Remain the Same as Characterized in the TRC EIR. The soils on the site are susceptible to settlement from intense ground shaking caused by seismic activity. However, implementation of Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City of Temeoula T emecula Regional Center INITIAL STUDY mitigation included in the EIR would reduce the level of significance in this issue area to less than significant. 12g. Impacts Remain the Same as Characterized in the TRC EIR. The proposed project has soils with generally low expansion potential. Therefore, impacts of expansive soils would be less than significant. If expansive soils are found on site, the City would require soil preparation methods be used to ensure that impacts in this area remain less than significant. 12h. Impacts Remain the Same as Characterized in the TRC EIR. The site has a rolling topography. However, this type of topography is typical of the area and no geologic features would be considered unique. Therefore, the impact to this issue area would be less than significant. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, and implementation of the referenced seismic safety and soil erosion mitigation measures in the EIR, geology and soil issues are not forecast to experience significant adverse impacts from project implementation. Based on the analysis presented above, geology and soil issues related specifically to the proposed project will not experience potentially significant adverse impacts from project implementation. All geology and soil issues are forecast to experience less than significant impacts if the Development Agreement time extension and final development phase of the Specific Plan are approved and implemented. No new geology and soil mitigation measures are required for this project. This finding is consistent with the data contained in the TRC Final EIR. Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact 13. HAZARDS. Would the proposal involve: Substantiation: a) y A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (1,2,14) b) Possible interference with an emergency response plan or emergency evacuation plan?(1,2,14) y c) The creation of any health hazard or potential health hazard? (1, 2,14) y d) Exposure of people to existing sources of potential health hazards? (1, 2,14) y e) Increased fire hazard in areas with flammable brush, grass, or trees? (1,2,14) y The general impacts related to hazard issues from development of the project as part of implementation of the Specific Plan are forecast on pages V-59 through V- 62 and generally throughout the certified TRC Final EIR (FEIR). The analysis of the Specific Plan, including the final phase of development, implies that no significant adverse impacts to hazard issues would result from the proposed project. Several mitigation measures were Temecula Regional Center Initial Studyl083106 TOM DODSON & ASSOCIATES City ofT emecula T emecula Regional Center INITIAL STUDY identified to address the project site hazard impacts. A Preliminary Environmental Property Investigation of the site was prepared as part of the environmental analysis in the certified EIR for the TRC, 13a. Impacts Are Identified That Were Not Considered in the TRC EIR. During construction there is a potential for accidental release of petroleum products in sufficient quantity to pose a significant hazard to people and the environment. The City requires compliance with Best Management Practices to manage clean-up of potential spills of hazardous materials during construction. The City also requires all spills or leakage of petroleum and other products during construction activities will be remediated in compliance with applicable state and local regulations regarding cleanup and disposal of the contaminant released. The SWPPP would also contain sufficient measures to address accidental spills. Though the risk of accidents would not be eliminated, it would be controlled to a less than significant level by implementing the standard City policies, No additional mitigation is required to assure an accidental spill will not result in significant water quality impacts. 13b. Impacts Remain the Same as Characterized in the TRC EIR. The project site would not interfere with an emergency response or evacuation plan. The City would require a traffic management plan to be implemented during construction that would ensure public safety and emergency access surrounding the site. Since the project is within a five-minute response time for fire protection and emergency response, the potential impact on emergency response and access is forecast to be less than significant. The project will be built to conform to all City police, fire and public works standards, 13c. Impacts Remain the Same as Characterized in the TRC EIR. Building construction can be associated with some hazardous materials that, if misused or spilled,. may cause a health hazard to those nearby, Hazardous materials can also be discovered during grading and/or other earthmoving activities. The City requires Best Management Practices be employed to minimize the risks associated with these unexpected events and the EIR also includes mitigation that would reduce the impacts of this issue to less than significant. As a result, handling and managing hazardous substances and equipment would result in be less than significant impacts from this issue. 13d. Impacts Remain the Same as Characterized in the TRC EIR. Underground utilities are present on and near the site. However, the risk of these facilities posing a significant danger to the public is no more than occurs throughout the City or County where an extensive network of utilities serve each developed use. The utilities present are water distribution lines, sewer lines, electrical lines, natural gas lines, cable facilities and potentially Verizon lines. Controlling construction activities as required in the following mitigation measure, the potential impact to the utility lines is considered less than significant. Also see Section 3 of this document. The Preliminary Environmental Property Investigation found no toxic hazards on site. No other potential hazards are known to exist onsite. Therefore, a low probability exists that the site contains any hazardous materials. The risk of exposure of people to existing health hazards would be considered less than significant with the mitigation in the EIR incorporated. 13e. Impacts Remain the Same as Characterized in the TRC EIR. The project site is not located within a Wildland Fire Protection Agreement Area, Le., an identified special hazard area that requires additional services be available from the California Department of Forestry. During project construction, City procedures will be followed so that all risks of accidental fire are reduced to less than significant. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, and implementation of the referenced hazard mitigation measures in the EIR, hazard issues are not forecast to experience significant Temecula Regional Center Initial Study/083106 TOM DODSON & ASSOCIATES City of T emecula T emecula Regional Center INITIAL STUDY adverse impacts from project implementation. Based on the analysis presented above, hazard issues related specifically to the proposed project will not experience potentially significant adverse impacts from project implementation. All hazard issues are forecast to experience less than significant impacts if the project is approved and implemented. No new hazard mitigation is required for this project. This finding is consistent with the data contained in the TRC Final EIR. Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact 14. NOISE. Would the proposal result in: a) b) Increases in existing noise levels? (1,2,14) y Exposure of people to severe noise levels? (1,2,14) y Substantiation: The general impacts related to noise issues from development of the project as part of implementation of the Specific Plan are forecast on pages V-31 through V- 46 of the certified TRC Final EIR (FEIR). The analysis of the Specific Plan, including the final phase, concluded that significant adverse impacts to noise issues would result from the proposed Specific Plan implementation due to cumulative noise impacts resulting primarily from increases in traffic in the area over time. Mitigation measures were identified to address long-term project noise impacts and standard conditions for controlling construction noise. A Noise Assessment was prepared as part of the environmental analysis in the certified EIR for the TRC. This study is provided as part of the EIR, Volume III. 14a, Impacts Remain the Same as Characterized in the TRC EIR. Construction of the proposed project would increase noise levels in the area and is considered a short-term impact to ambient noise levels. Noise generated by equipment can reach high episodic levels, but these episodes are of relatively short duration and typically restricted to day light hours. In order to control construction noise levels to a level consistent with the City Noise Element, the City would require noise reduction measures as conditions of approval for grading and building permits. Some standard policies include limiting the hours of construction activity, and requiring a construction- related noise mitigation plan for projects adjacent to sensitive receptors. The EIR also identifies a mitigation measure to address construction noise and several to address construction techniques to reduce interior and exterior noise impacts. Given the location of the final phase within the Mall, the potential for significant noise impacts on sensitive receptors is considered very low. As construction noise impacts are of relatively short and temporary duration, incorporation of these mitigation measures would reduce construction noise impacts to less than significant. The EIR concluded that cumulative noise levels in the area of the project are considered significant and adverse and cannot be mitigated to a level of less than significant. The Specific Plan would contribute no significant stationary noise effects to off-site due to project implementation, but the noise levels in the surrounding area will continue to increase due to traffic. The noise increases are due to regional growth and location next to a major. north-south transportation corridor. The Specific Plan itself will contribute little and insignificantly to ultimate noise levels. No changes in conditions or the results of the analysis would occur as a result of developing the final phase of the Specific Plan analyzed in the TRC EIR. Temecula Regional Center Initial Study/0831 06 TOM DODSON & ASSOCIATES City of T emecula T emecula Regional Center INITIAL STUDY 14b. Impacts Remain the Same as Characterized in the TRC EIR. None of the activities associated with the proposed project, either during construction or during operation of the completed Specific Plan is forecast to generate severe noise levels. However, in order to ensure that exposure of people to severe noise levels is reduced to a less than significant level, implementation of the construction noise mitigation measure and standard city procedures is recommended. No routine aircraft overflights or airport operations occur within the project area. With implementation of the mitigation measures listed in the EIR and compliance with the City of Temecula Municipal Code and policies, potential severe noise impacts would be less than significant. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, and implementation of the referenced noise standard conditions and mitigation measures in the EIR, noise issues are not forecast to experience significant adverse impacts from project implementation. There will be a significant and adverse cumulative noise impact due to regional growth. However the contribution of the Specific Plan, including its final phase of development is not considered significant or potentially significant. Based on the analysis presented above, noise issues related specifically to the implementation of the final phase of development of the TRC Specific Plan will not experience potentially significant adverse impacts from project implementation, Apart from area-wide cumulative impacts, all noise issues are forecast to experience iess than significant impacts if the project is approved and implemented. No new noise mitigation is required for this project. This finding is consistent with the data contained in the TRC Final EIR. Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact 15. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (1,2,14) y b) Expose sensitive receptors to pollutants? (1,2,14) y c) Alter air movement, moisture, or temperature, or cause any change in climate? (1,2,14) y d) Create objectionable odors? (1,2,14) y Substantiation: The general impacts related to air quality issues from development of the project as part of implementation of the Specific Plan are forecast on pages V-47 through V-55 of the certified TRC Final EIR (FEIR). The analysis of the Specific Plan, including the final phase of development for the Specific Plan, concluded that Air Quality impacts were potentially significant and would not be reduced to less than significant even with mitigation. Mitigation measures were identified to address short-term project construction air quality impacts, but impacts were still considered significant. Temecula Regional Center Initial S1udyl083106 TOM DODSON & ASSOCIATES City of Temecula Temecula Regional Center INITIAL STUDY 15a &b. Imoacts Remain the Same as Characterized in the TRC EIR. The proposed project is the time extension of the existing Development Agreement in order to construct the final phase of an approved Specific Plan. The EIR analysis concluded that implementation of the Specific Plan, including the final phase would result in localized and basin-wide cumulative exceedances of air quality standards. Ail emissions were determined to be at or above thresholds during construction and operation even with mitigation. The proposed project impacts are relatively the same as those evaluated in the EIR. Note that regional air quality is improving slowly as vehicle emissions are reduced with new vehicles replacing older vehicles. This change does not alter the fact that emissions from the Specific Plan are considered significant because they exceed thresholds, but the fulfillment of the Specific Plan, from a jobs/housing standpoint and due to reduced vehicle miles traveled for local residents seeking Mall retail facilities, are consistent with the Air Quality Management Plan presently in place. 15.c Imoacts Remain the Same as Characterized in the TRC EIR, The proposed project does not include uses or encompass a large enough project to cause significant changes in area climate. No impact was identified and no mitigation was required. 15.d Imoacts Are Identified That Were Not Considered in the TRC EIR The EIR did not evaluate the potential for significant odor generation or exposure. During construction, the proposed project includes operations that will have diesel odors associated with equipment and materials. None of these odors are permanent, nor are they normally considered so offensive as to cause sensitive receptors to complain. Diesel fuel odors from construction equipment and new asphalt paving fall into this category. Both based on the short-term of the emissions and the characteristics of these emissions, no significant odor impacts are forecast to result from implementing the proposed project. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. Based on the analysis presented above, and implementation of the , referenced air quality standard conditions and mitigation measures in the EIR, air quality issues are forecast to experience significant adverse impacts from project implementation. Based on the analysis presented above, air quality issues related specifically to the proposed project, a time extension of a Development Agreement and construction of the final phase of a Specific Plan will contribute to the potentially significant adverse impacts from project implementation. All air quality issues are forecast to experience significant impacts if the project is approved and implemented. The impacts will remain relatively the same as were analyzed in the EIR. No new mitigation is required for this project. This finding is consistent with the data contained in the TRC Final EIR. Temecula Regional Center Initial Study/0831 06 TOM DODSON & ASSOCIATES City of T emecula TemecuJa Regional Center INITIAL STUDY Issues (and Supporting Infonnation Sources): Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant No Impact Impact 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? y y c) Does the project have impacts which are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) y d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? y Substantiation: The proposed project consists of a proposed Development Agreement Amendment to extend the term of the Temecula Regional Center Development Agreement an additional three years to provide for the future development of the remaining square footage allowed under the final phase of the approved Temecula Regional Center Specific Plan. The project is part of the City of Temecula Specific Plan No. 263. The construction and operation of this proposed project has been evaluated as having no potentially significant effects that are significantly greater than those analyzed in the EIR and that would notbe reduced to less than significant level with mitigation incorporated from the Specific Plan EIR. In addition, changes in circumstances for issues such as biological resources (MSHCP), water quality (SWPPP and WQMP) and air quality (better regional air quality) do not result in additional significant adverse impact that requires new mitigation measures. The following text summarizes potential impacts and recommendations. 16a. Potentially significant environmental impacts associated with the proposed project have been identified in the areas of biological and cultural resources for the Specific Plan in the Specific Plan EIR, However, based on technical studies for these issues, all but cumulative impacts to Wildlife and Vegetation were reduced to a less than significant impact level by implementing the mitigation measures identified in Sections 7 and 9 of this Initial Study. With mitigation, all biological and cultural resources impacts were reduced to a less than significant level, except for cumulative impacts. No further analysis of these two Temecula Regional Center Initial S1udy/083106 TOM DODSON & ASSOCIATES City ofT emecula T emecula Regional Center INITIAL STUDY issue areas is required and the findings of this Initial Study are consistent with the findings in the certified TRC EIR for these two issues. The proposed project is being constructed on an already urbanized site and biology mitigation measures have been fulfilled and are no longer applicable. Generally, the potential effects on cultural resources have also already occurred and mitigation implemented. However, some impacts may occur and mitigation for cultural resources in the TRC EIR will be implemented to ensure that they remain the same as those evaluated in the Specific Plan EIR. 16b &c. Potentially significant long-term and cumulative impacts of the proposed project as part of the Specific Plan were analyzed in the EIR and were associated with the following areas: transportation/circulation, air quality, seismic safety, agricultural lands, noise, circulation, wildlife/vegetation, flood/drainage, public facilities, and utilities. The adverse long-term and cumulative impacts in these areas would not be reduced to less than significant with mitigation. No further analysis of these issues is required. All other issues with a potential for cumulative impact or short-term impacts to the detriment of the long-term environment were determined to be less than significant, or in some cases less than significant with implementation of mitigation. No further analys'is of these cumulative issue areas is 'required and the findings of this Initial Study are consistent with the findings in the certified TRC EIR for these issues, The proposed project would have impacts that remain relatively the same as those evaluated in the Specific Plan EIR. 16d. The project complies with existing land use designations and zoning and with mitigation (or mandatory design requirements) for aesthetic issues, hazards, and noise impacts, Even with mitigation, potential air quality, circulation, seismic safety, flood/drainage, public facilities, utilities and noise impacts associated with the Specific Plan, and this the final phase of development, would result in exposure of humans to substantial adverse impacts due to the cumulative impacts of general growth in the area that cannot be mitigated to a level of non-significance. No further analysis of these human impact issue areas is required and the findings of this Initial Study are consistent with the findings in the certified TRC EIR for these issues. The proposed project would have impacts that remain relatively the same as those evaluated in the Specific Plan EIR. Conclusion The proposed project is the extension of the existing development agreement during which the final phase of development will be implemented. The project analyzed in this document is essentially the same as the project analyzed in the Temecula Regional Center EIR, Thus, this Initial Study was prepared to determine what the, impacts of the revised project, which consists of a time extension of a Development Agreement in order to develop the final phase of a Specific Plan, would be equivalent to that analyzed in the EIR. This finding is based on implementation of mitigation measures identified in the original EIR and City imposition of and enforcement of mandatory or standard conditions of approval when the final phase of the Specific Plan is implemented. The analysis indicates that no new significant effects will be caused by including this modification to the overall project analyzed in the EIR, The impacts will remain relatively the same as analyzed in the EIR. Because no new mitigation measures have been identified and required for the proposed project to ensure no significant impacts will result from its implementation, the City can issue an Addendum to the certified TRC EIR as the appropriate CEQA environmental determination. Neither a Supplemental or Subsequent EIR nor a Negative Declaration is required to comply with CEQA for this project. The City will adopt an Addendum to the EIR for the proposed project. The City Council will consider adoption of an Addendum to the certified Temecula Regional Center EIR to consider in conjunction with a decision on whether to proceed with the Development Agreement amendment and final phase 01 the Specific Plan as described in this document. Temecula Regional Center Initial Studyl0831 06 TOM DODSON & ASSOCIATES City ofTemecula T emecula Regional Center INITIAL STUDY Yes No 17. DEPARTMENT OF FISH AND GAME "DE MINIMIS" IMPACT FINDINGS. a) Does the project have the potential to cause any adverse effect, either individually or cumulatively, on fish and wildlife? Wildlife is defined as "all wild animals, birds, plants, fish, amphibians. and related ecological communities, including the habitat upon which the wildlife depends on for it's continued viability" (Section 711.2, Fish and Game Code). y The proposed project is the time extension of a Development Agreement for the purpose of completing the final phase of a Specific Plan within a completely disturbed site. The site is a developed shopping center and the project would be developed within an area that is completely paved. 18. EARLIER ANALYSES. A previous CEQA analysis of the site for the proposed project includes the EIR for the Temecula Regional Center (Specific Plan 263) which was certified in July 1993, The recently adopted City General Plan EIR, 2005, also provided substantiating data utilized in the Initial Study. The proposed project is consistent with the Specific Plan analyzed in the TRC EIR. Temecula Regional Center Initial StudylOB31 06 TOM DODSON & ASSOCIATES City of T emecula T emecula Regional Center INITIAL STUDY FIGURES Temecula Regional Center Initial SIudyJ083106 TOM DODSON & ASSOCIATES City ofT emecula Temecula Regional Center INITIAL STUDY ~ XMap@4.5 Data use subject to license. @2004 Delorme. XMapl!J4.5. WHI/V.delorme.com 1 ~mi o 2 4 6 8 10 Data Zoom 9-0 MN(12.7' E) Temecula Regional Center Initial Study/0831 06 TOM DODSON & ASSOCIATES City of Temecula Temecula Regional Center INITIAL STUDY Data use subject to license. @2004 Delorme. XMaptm4.5. l 1/IIWIN.delorme.com MN(12,7"E) Tamecula Regional Center Initial Studyl0831 06 ~ft o 800 1600 2400 3200 4DOO Data Zoom 13-Q TOM DODSON & ASSOCIATES ATTACHMENT NO.6 EIR ADDENDUM G:\Planning\2006\PA06-0197 MaIl Da Amendment\Planning\PC Staff Report.doc 8 ADDENDUM TO THE TEMECULA REGIONAL CENTER ENVIRONMENTAL IMPACT REPORT This document is an Addendum to the Temecula Regional Center Environmental Impact Report ("EIR"). Pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15164(a) (14 Cal. Code of Regs. ~15000 et. sea.), the City of Temecula has prepared this Addendum to make a minor change to a previously certified EIR. Additionally, pursuant to CEQA Guidelines section 15164(e), the Addendum must include a brief explanation of the City's decision not to prepare a subsequent or supplemental EIR. Project Description and Background The City of Temecula proposes to extend a Development Agreement (due to expire in January 2007) for a period of three years to expire in January 2010, for subsequent construction of the final phase of retail commercial space and parking facilities within the Temecula Regional Center core commercial area in an area. The proposed project would be developed within Planning Area 2 of the Temecula Regional Center Specific Plan (SP 263) and would be located primarily between the current Macy's department store and Edwards Cinema and also on the north side of the Edwards Cinema within the current core shopping area. The existing Regional Center currentl y has 2,117,545 square feet of existing and approved development. The approved Specific Plan for the Temecula Regional Center allows up to 2,483,000 square feet of development. The extension of the Development Agreement would continue the agreement with the City under which the development of the remaining square footage allowed under the final phase of the Specific Plan would be implemented. In 1993 the City of Temecula certified an Environmental Impact Report (EIR) for the construction and occupancy of a new regional retail center, business and office center, and hotel and residential area, entitled the "Temecula Regional Center EIR". The EIR addressed the construction and operation of all allowed uses and intensities of uses for the proposed regional center. The current Development Agreement, adopted in December 1996, sets forth the obligations of the developer and the City in order for development to be consistent with the adopted Specific Plan. Under the proposed Development Agreement, the final phase of Specific Plan implementation would occur, allowing for buildout of the Specific Plan. The additional square footage of retail space would be developed as part of the Temecula Regional Center consistent with the approved Specific Plan in the same manner required by the current Development Agreement. The proposed Development Agreement outlines the responsibilities of the developer, Temecula Towne Center Associates, L.P., and the City to complete the Specific Plan process. Legal Standard As noted above, an addendum should include a brief explanation of the lead agency's decision not to prepare a subsequent EIR. A lead agency may only require the preparation of a 915441.1 August 30, 2006 1 subsequent or supplemental EIR under very narrow circumstances. ,Section 15162 of the CEQA Guidelines states: "a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless that lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be infeasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternatives: or (0) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative." Further, Section 15163 allows for the preparation of a supplement to an EIR in the following circumstances: "(a) The Lead or Responsible Agency may ,choose to prepare a supplement to an EIR rather than a subsequent EIR if; 91544J.J August 30, 2006 2 (1) Any of the conditions described in Section 15162 would require the preparation of a subsequent EIR, and (2) Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation." CEQA Findings The City prepared an Initial Study to determine whether the extension of the Development Agreement or construction of the final Phase of the Specific Plan triggered any of the conditions (described above) which require the preparation of a subsequent or supplemental EIR. The City hereby incorporates the Initial Study as part of this Addendum. The Initial Study evaluated the impacts of the proposed extension of the Development Agreement on Land Use and Planning, Public Services, Utilities and Service Systems, Population and Housing, Transportation/Circulation, Water, Biological Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics, Geophysical, Hazards, Noise, Air Quality and Mandatory Findings of Significance. The Initial Study compared the environmental impacts of the proposed extension of the Development Agreement with the identified environmental impacts of the approved Development Agreement evaluated in the previously certified Temecula Regional Center EIR. The analysis in the Initial Study indicates that no new significant effects will be caused by proposed extension to the Development Agreement and subsequent construction of the final phase of the Specific Plan. Nor will the proposed extension to the Development Agreement increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Temecula Regional Center EIR. The Initial Study also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Initial Study found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. Further, the Initial Study analyzed whether new information exists that indicates that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in fact feasible. The Initial Study found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. Because the Initial Study finds no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the City finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on this Addendum to approve the proposed extension to the Development Agreement. 91544L1 August 30, 2006 3 COUNCIL BUSINESS ITEM NO. 28 Approvals City Attorney Director of Finance City Manager ~r- /1/2 tf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 12, 2006 SUBJECT: Redevelopment Plan 1-1988 Time Limitation Amendment PREPARED BY: Polly von Richter, Senior Debt Analyst RECOMMENDATION: That the City Council: 1, Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE TEMECULA REDEVELOPMENT PLAN 1-1988 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 BACKGROUND: On September 1,2003, state legislation took effect that required the Redevelopment Agency to make a payment to the Educational Revenue Augmentation Fund (ERAF) for fiscal year 2003-04, The City made this payment in the amount of $445,334 in April, 2004, Under this legislation, if the City made the payment to the Educational Revenue Augmentation Fund, the time limit on the effectiveness of the redevelopment plan may be extended by one year. This provision provided some compensation to the Agency for helping out the schools through ERAF, The extension will allow additional time to repay indebtedness and receive property taxes, FISCAL IMPACT: There is no direct cost associated with an extension of the redevelopment agency plan life, The extended time limit on effectiveness will provide for additional receipt of property taxes and also has a positive impact on future financings related to the redevelopment area, ATTACHMENTS: Ordinance No, 06- ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE TEMECULA REDEVELOPMENT PLAN 1-1988 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HERESY ORDAIN AS FOLLOWS: Section 1, The City Council of the City of Temecula does hereby find, determine and declare that: A On July 12, 1988, the County of Riverside, prior to the incorporation of the City of Temecula, duly adopted Ordinance No, 658 enacting a Redevelopment Plan, known as the "County of Riverside Redevelopment Plan 1-1988" (hereinafter referred to as the "Temecula Plan"), S, Subsequent to the enactment of the Temecula Plan, the City of Temecula was incorporated on December 1, 1989, C, All the territory to which the Temecula Plan applies (hereinafter referred to as the "Project Area") is now within the corporate boundaries of the City of Temecula, D, Pursuant to City Ordinance 91-11, which became effective May 9, 1991, and City Ordinance No, 91-15, which became effective April 9, 1991, the City approved the Temecula Plan, Said Ordinances had the effect of adopting the Temecula Plan and transferring jurisdiction over the Temecula Plan to the Redevelopment Agency of the City of Temecula (the "Agency"), as of July 1, 1991, Pursuant to Ordinance Nos, 93-04 and 94-03, Ordinance No, 91-11 was codified as Section 8,04,010 of the Temecula Municipal Code, E, On December 20, 2994, the City Council adopted Ordinance No, 94-33, establishing and amending certain time limitations with respect to the Temecula Plan, F, Section 33681,9, which was added to the Health and Safety Code by Senate Sill 1045 and which took effect on September 1, 2003, required the Agency during the 2003-04 fiscal year to make a payment for deposit in Riverside County's Educational Revenue Augmentation Fund and the Agency has made such payment. G, With respect to redevelopment plans adopted on or before December 31, 1993, Section 33333,6 of the Health and Safety Code was amended by Senate Sill 1045 to provide that when a redevelopment agency is required to make a payment pursuant to Health and Safety Code Section 33681,9 the legislative body may amend the redevelopment plan to extend by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 by adoption of an ordinance, without the necessity of compliance with Health and Safety Code Section 33354,6 or Article 12 (commencing with Health and Safety Code Section 33450) or any other provision of the California Redevelopment Law related to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payments to affected taxing entities required by Health and Safety Code Section 33607,7, H, The Agency and the City Council desire that the Temecula Plan be amended to extend by one year the time limit on the effectiveness of the Temecula Plan and the time limit to repay indebtedness or receive property taxes pursuant to the Health and Safety Code Section 33670, Section 2, Section 610 of the Temecula Plan is hereby amended to read as follows: DURATION OF PLAN ACTIVITIES Except for the nondiscrimination and nonsegregation provIsions which shall run in perpetuity, the effectiveness of this Plan shall terminate July 12, 2029, which date is forty-one (41) years from the date of adoption of this Plan, After July 12, 2029, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness, to comply with Health and Safety Code Section 33333,8, and to enforce existing covenants, contracts, and other obligations, The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 after July 12, 2039, except as otherwise specifically permitted under Health and Safety Code Section 33333,6, Section 3, The enactment of this Ordinance is not a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) and CEQA Guidelines (14 Cal. Code Regs Section 15000 et seq,), and specifically Section 15378(b)(4) because the actions described herein are the continuation of an existing governmental funding mechanism and a fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Because enactment of this Ordinance is not a project for CEQA purposes, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3), and the City Clerk is directed to file a Notice of Exemption with the County Clerk pursuant to CEQA Guidelines Section 15062 within five (5) days of the adoption date of this Ordinance, Section 4, This Ordinance shall be effective thirty (30) days after its adoption, The City Clerk is directed to certifY and publish this Ordinance as is required by law, PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of September , 2006, Ron Roberts, Mayor ATTEST: Susan W, Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W, Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No, 06- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of September, 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 12th day of September, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W, Jones, MMC City Clerk