HomeMy WebLinkAbout091206 CC Agenda
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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, California.
Signature
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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
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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
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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:
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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
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RIGHT THUMBPRINT
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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
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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
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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
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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:
˾
/
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
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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.
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8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the labor
Code of the State of California, the City Council has obtained the general prevailing rate of per 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.
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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.
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(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.
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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.
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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/
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Sutherlin Contracting, Inc.
2007 Muira Lane
EI Cajon, CA 920194260
(619) 588-8895
Kristi Sutherlin, President
David 8. Sutherlin, SecretarylTreasurer
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EXHIBIT A
SCOPE OF WORK
AND
SCHEDULE OF PAYMENT
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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
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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. Location Map
2. Project Description
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ITEM NO. 22
Approvals
City Attorney
Director of Finance
City Manager
~
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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. Contract
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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
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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
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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
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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
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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
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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
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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
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ITEM NO. 23
Approvals
City Attorney
Director of Finance
City Manager
f,#.~
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~
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
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
~
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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
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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
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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
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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
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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
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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
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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
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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),
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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FIGURES
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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