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HomeMy WebLinkAbout101006 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting v.ill enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 10,2006 - 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. 6:00 P.M. - Closed Session of the City Council pursuant to Government Code Section: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations located at the following location: APN 922-053-013, 922-053-020, 922-053-021, and 922-054-011 (located along the east and west side of Pujol Street, north of Main Street). The negotiating parties are the City of Temecula/Redevelopment Agency and Renaissance Ventures. Under negotiation are the price and terms of payment of real property interests. The City/Agency negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations located at the following location: APN 922-036-019 (located on the north side of Main Street and west of Old Town Front Street). The negotiating parties are the City of Temecula/Redevelopment Agency and Jack L. Green. Under negotiation are the price and terms of payment of real property interests. The City/Agency negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. 3. 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 matters, 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: 06-13 Resolution: 06-87 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Eve Craig Invocation: Pastor Bob Branch of The Springs Community Church Flag Salute: Mayor Pro Tem Washington ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTA TIONS/PROCLAMA TIONS 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: 2 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution approvinq List of Demands RECOMMENDATION: 2.1 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 3 Citv Treasurer's Report as of Auqust 31. 2006 RECOMMENDATION: 3.1 That the City Council receive and file the City Treasurer's Report as of August 31, 2006. 4 Review of Citv Conflict of Interest Code RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 06-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE 5 Holidav Meetinq Schedule RECOMMENDATION: 5.1 Direct the City Clerk to cancel the meeting of December 26, 2006, and to perform the appropriate postings and noticing requirements of the Government Code. 6 Authorize Temporarv Partial Street Closures for "Race for the Cure" Event October 15. 2006. in the Promenade Mall area (Marqarita Road. Overland Drive. Ynez Road. and Solana Wav) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 06-_ 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 15,2006 AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT 7 Diaz Road Realiqnment - Phase II - Proiect No. PW95-27 - Approval of the Plans and Specifications and authorization to solicit Construction Bids RECOMMENDATION: 7.1 Approve the Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Diaz Road Realignment, Phase II, Project No. PW95-27. 8 Completion and Acceptance for Bridqe Fencinq at Rancho California Road Overcrossinq and Overland Drive Overcrossinq at Interstate 15 - Proiect No. PW05-09 RECOMMENDATION: 8.1 Accept the Bridge Fencing at Rancho California Road Overcrossing Bridge and Overland Drive Overcrossing Bridge at Interstate 15 - Project No. PW05-09 - as complete; 8.2 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; 8.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 9 Food and Beveraqe Sales Aqreement between the Citv of Temecula and C & E Concessionarv Enterprises. Inc. for the Patricia H. Birdsall Sports Park RECOMMENDATION: 9.1 Approve the Food and Beverage Sales Agreement Between the City of Temecula and C & E Concessionary Enterprises, Inc. for the Patricia H. Birdsall Sports Park. 10 Second Readinq of Ordinance No. 06-12 RECOMMENDATION: 10.1 Adopt an Ordinance entitled: ORDINANCE NO. 06-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.04 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS FOR AUTOMOBILE AND TRUCK DEALERSHIPS 4 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 11 Minutes RECOMMENDATION: 11 .1 Approve the minutes of September 26, 2006. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT 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 5 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 12 Minutes RECOMMENDATION: 12.1 Approve the minutes of September 26, 2006. 13 Approval of Contract Chanqe Order NO.1 and Utilitv Reimbursement Aqreements (Eastern Municipal Water District and Rancho California Water District) for Relocation and Modification of Utilities on Diaz Road between Dendv Parkwav and Cherrv Street Associated with the Temecula Education Center Rouqh Gradinq - Project No. PW06-03 RECOMMENDATION: 13.1 Approve an increase in contingency funds of $2,154,462.29, which is equal to 68.3% of the base contract amount, and authorize the Executive Director to approve change orders not to exceed the total contingency amount of $2,470,043.29 which represents 78.3% of the base contract amount; 13.2 Approve Contract Change Order NO.1 for the Temecula Education Center Rough Grading, Project No. PW06-03 to Yeager Skanska, Inc. in the amount of $2,154,462.29 and authorize the Executive Director to execute the Change Order from the contingency amount authorized; 13.3 Approve an Advance Reimbursement Agreement with the Eastern Municipal Water District (EMWD) for relocation and modification of their facilities in the amount of $2,367,016.88, which includes funds for the base work ($2,101,832.94), geotechnical observation & testing ($50,000), and a 10% contingency ($215,183.94) and authorize the Executive Director to execute the Agreement; 13.4 Approve a Reimbursement Agreement in the amount of $52,629.35 with the Rancho California Water District (RCWD), and authorize the Executive Director to execute the Agreement; 13.5 Approve an additional appropriation of $729,351.23 ($1,690,295.00 was appropriated in FY06-07 Budget) for the Temecula Education Center Rough Grading Project No. PW 06-03 from Advance Reimbursement from EMWD and Reimbursement from the RCWD, respectively; 13.6 Establish estimated revenues for the Temecula Rough Grading Project No. PW 06- 03 in the amount of $2,367,016.88 and $52,629.35 ($2,419,646.23 total of which 6 $1,690,295.00 was appropriated in the FY06-07 Budget) for Advance Reimbursement from EMWD for Reimbursement from RCWD, respectively; 13.7 Authorize the granting of an easement, through approval process for the Education Center Parcel Map, to EMWD for relocation of their 36" sewer line within City property that will be conveyed to Riverside County Flood Control for the future Murrieta Creek Flood Control Project. 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. 14 Resolution of Formation - forminq an Underqround Utilitv District alonq certain seqments of Old Town Front Street. Mercedes Street. and Main Street in Old Town Temecula RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 06-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.2 AND ORDERING REMOVAL OF OVERHEAD UTILITY FACILITIES AND INSTALLATION OF UNDERGROUND FACILITIES WITHIN SAID DISTRICT COUNCIL BUSINESS 15 Communitv Services Commission Appointments RECOMMENDATION: 15.1 Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2009. CITY MANAGER REPORT CIrY ATTORNEY REPORT 7 ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, October 24, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 8 PROCLAMA TIONS AND PRESENTATIONS ITEM NO.1 CONSENT CALENDAR ITEM NO.2 Approvals City Attorney Director of Finance City Manager V /1/2 91) CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: October 10, 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 $5,589,828.48. 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 10 day of October , 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 10 day of October, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk I'Y OF TEMECULA ST OF DEMANDS 09/21/2006 TOTAL CHECK RUN: 09/28/2006 TOTAL CHECK RUN: 09/21/2006 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 10/10/06 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 1001 165 , 1190 192 193 194 196 210 280 300 320 330 340 380 390 460 I , 1001 165 190 192 193 194 196 210 280 300 320 330 340 GENERAL FUND RDA LOW /MOD - 20"10 SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL D TCSD SERVICE LEVEL "L" LAKEPARKMAINT. CAPITAL IMPROVEMENT PROJECTS FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA 2002 TABS DEBT SERVICE FUND TCSD DEBT SERVICE CFD 88-12 DEBT SERVICE FUND GENERAL FUND RDA LOW /MOD - 20% SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL D TCSD SERVICE LEVEL "L" LAKEPARKMAINT. CAPITAL IMPROVEMENT PROJECTS FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES ITOTAL BY FUND: [ $ 1,915,028.04 17,882.46 251,369.76 110.85 42,580.76 808.91 8,925.42 2,430,329.41 39,421.61 2,420.44 42,656.49 5,386.16 9,427.75 3,850.00 374,787.04 3,300.00 $ $ 293,039.06 5,766.60 93,792.49 114.48 4,626.53 848.30 582.76 103.88 2,904.44 1,220.03 25,975.90 3,630.39 8,938.52 $ 4,547,897.03 600,388.07 441,543.38 $ 5,589,828.48 5,148,285.1 0 441,543.38 $ 5,589,828.48 apChkLst Final Check List Page: 1 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 744 09/15/2006 005460 U S BANK RCWD inspection fees:CFD 03-1 2,693.97 2,693.97 745 09/15/2006 005460 U S BANK TCSD COPs Debt Service Pmt 374,787.04 374,787.04 746 09/21/2006 000444 INSTATAX (EDD) State Disability Ins Payment 20,737.52 20,737.52 747 09/21/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 81,212.23 81,212.23 748 09/21/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,671.82 20,671.82 SOLUTION 749 09/21/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 111,729.59 111,729.59 RETIREMENT) 750 09/21/2006 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 3,301.66 3,301.66 NATIONWIDE RETIREMENT 110371 09/21/2006 008239 4 PAWS TRAINING TCSD instructor earnings 1,260.00 1,260.00 110372 09/21/2006 003552 AFLAC reimb:April refund/R.Obmann 32.00 32.00 110373 09/21/2006 004973 ABACHERLI, L1NDI TCSD instructor earnings 920.00 920.00 110374 09/21/2006 004064 ADELPHIA Sept-Oct high speed internet RR 46.95 46.95 110375 09/21/2006 009374 ALLEGRO MUSICAL VENTURES Piano equip: Stage dolly/Cover 974.65 974.65 110376 09/21/2006 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 252.00 DUI Drug & Alcohol Screening 144.00 DUI Drug & Alcohol Screening 108.00 504.00 110377 09/21/2006 008595 AMERICAN INTL GROUP INC Worker's Camp Sept '06 36,384.00 36,384.00 110378 09/21/2006 007280 AMERICAN MEDICAL RESPONSE- AED training books & supplies:Fire 216.00 216.00 AMR 110379 09/21/2006 004022 AMERICAN MINI STORAGE, Unit F133 B&S 12 mnths/1 free 1,368.00 1,368.00 TEMECUL 110380 09/21/2006 002187 ANIMAL FRIENDS OF THE Aug 06 Animal control services 12,500.00 12,500.00 VALLEYS Page:1 apChkLst Final Check List Page: 2 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110381 09/21/2006 000101 APPLE ON E INC Temp help PPE 7/08 Kasparian 524.16 Temp help PPE 9/02 Gonzales 524.16 Temp help PPE 8/26 Hoenig 299.60 Temp help PPE 9/2 Hoenig 299.60 Temp help PPE 9/2 Arnwine 120.16 1,767.68 110382 09/21/2006 005335 ARTIST TOUCH STUDIO Local business articles framing 413.86 413.86 110383 09/21/2006 007676 ATLAS PEN & PENCIL MPSC Senior Health Fair: wtr Bottles 714.60 CORPORATION MPSC Senior Health Fair: note pads 396.36 1,110.96 110384 09/21/2006 002648 AUTO CLUB OF SOUTHERN Membership: R. Castillo 54068262 47.00 CALIF Membership: J. Oldham 56332042 47.00 94.00 110385 09/21/2006 009908 BEADOR CONSTRUCTION CO Aug prgss: 79S Median 1,088,200.45 INC Aug Retention: 79S median -108,820.04 979,380.41 110386 09/21/2006 002541 BECKER CONSTRUCTION SRVS Asphalt cutting for patch crew 6,825.00 INC R&R 2 pedestrian barricades 3,865.00 10,690.00 110387 09/21/2006 004778 BERRYMAN & HENIGAR INC Mar-Aug design:R. Calif Rd widening 3,362.25 3,362.25 110388 09/21/2006 002377 BEST BUY COMPANY INC EE computer purchase prgm: Dawson 1,442.36 1,442.36 110389 09/21/2006 002377 BEST BUY COMPANY INC Digital Camera for Code Enforcement 383.23 383.23 110390 09/21/2006 004040 BIG FOOT GRAPHICS TCSD instructor earnings 595.00 TCSD instructor earnings 262.50 857.50 110391 09/21/2006 002363 CCPOA Regist: CCPOA Conf:9127-29:Fanene 225.00 225.00 110392 09/21/2006 003138 CAL MAT PW patch truck materials 500.42 PW patch truck materials 441.67 942.09 110393 09/21/2006 009067 CALIF BANK & TRUST Rei Retention Esrw Edge Devel:T.Library 105,354.97 105,354.97 110394 09/21/2006 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 110395 09/21/2006 005660 CALIF EMS AUTHORITY License renewal: Timothy Ellena 130.00 130.00 110396 09/21/2006 000152 CALIF PARKS & RECREATION Regist:CPRS Awds wkshp:5 staff 75.00 75.00 SOC Page2 apChkLst Final Check List Page: 3 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110397 09/21/2006 004837 CHERRY VALLEY FEED & PET Police k-9 food & supplies 87.23 87.23 SUPL Y 110398 09/21/2006 002989 CLEAR IMAGE WINDOW Clean exterior windows: City Hall 420.00 CLEANING Clean exterior windows: Mntc Fac. 125.00 545.00 110399 09/21/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 150.00 150.00 110400 09/21/2006 000442 COMPUTER ALERT SYSTEMS Install alarm monitor battery: CRC 216.09 repair receptionist area door lock 65.00 281.09 110401 09/21/2006 010403 CORTEZ, RUBEN Refund: Belly Dance - Beginning 40.00 40.00 110402 09/21/2006 009516 o A HOGAN & ASSOCIATES, INC. July PB Spt Prk turf Inspections 1,243.47 1,243.47 110403 09/21/2006 003945 DIAMOND ENVIRONMENTAL Portable restroom: Rdhwk Park 59.02 SRVCS Portable restroom: Veterans Prk 57.98 Portable restroom: Vail Ranch Prk 57.98 Portable restroom: Riverton Park 57.98 Portable restroom: Lg Cnyn Prk 57.98 290.94 110404 09/21/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City Vehicles:Planning/Police 294.88 294.88 INC 110405 09/21/2006 002981 DYNA MED Aquatics first aid supplies 250.36 Aquatics first aid supplies: Cold Packs 51.56 301.92 110406 09/21/2006 000395 ECONOMIC DEVELOPMENT Regist:Qtrly Luncheon:9/28:5 staff 200.00 200.00 CORP 110407 09/21/2006 005880 EDGE DEVELOPMENT INC. Aug prgss pmt:Public Library 1,053,549.80 Aug Retention: Public Library -105,354.97 948,194.83 110408 09/21/2006 004592 ELITE BOBCAT SERVICE INC Jul prgss: R.Calif Median Prjt 88,836.51 Jul Retention: R.Calif Median Prjt -8,883.65 79,952.86 110409 09/21/2006 005115 ENTERPRISE RENT A CAR INC Van rental for day camp teen excursions 737.57 737.57 110410 09/21/2006 000164 ESGIL CORPORATION Aug plan check srvcs:B&S 30,574.88 Jul plan check srvcs:B&S 24,758.09 Jul plan check adjustments:B&S 282.92 55,615.89 110411 09/21/2006 001056 EXCEL LANDSCAPE Sports prks irrigation repairs 820.60 820.60 Page:3 apChkLst Final Check List Page: 4 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110412 09/21/2006 009953 FEDERAL CLEANING Sept Cleaning srvcs:Police mall 375.00 375.00 CONTRACTORS 110413 09/21/2006 000165 FEDERAL EXPRESS INC Aug 30-Sept 05 Express mail services 224.39 224.39 110414 09/21/2006 003747 FINE ARTS NETWORK Cinderella Kids ticket sales: 8/13/06 1,722.55 1,722.55 110415 09/21/2006 000166 FIRST AMERICAN TITLE Lot Book Report: Jon St. Jacque 75.00 75.00 COMPANY 110416 09/21/2006 003347 FIRST BANKCARD CENTER BUY.COM TT Computer equip:1TB NAS-RAID 1,286.89 BIZMANUALZ , INC TT Trng Software:Policies, Procedures 595.00 ERGOCUBE TT Library equip:3 Starter Set 346.80 MIMI'S CAFE WH Refreshments: Interview Panel 233.76 DELTA AIRLINE INC SJ Airline:SIRE Conf:9/19-22:Ballreich 207.10 NATIONAL NOTARY SJ Regist:Notary Trng:Jones:9/12 198.00 ASSOCIATION NATIONAL NOTARY SJ Regist:Notary Trng:Ballreich:9/12 159.00 ASSOCIATION AMAZON.COM,INC TT MS SQL help manuals 135.25 RODA VIVA WH Refreshments:lnterview Panel 80.43 IRON WOK CHINA BISTRO WH Refreshments: CIP Prjt trng 77.00 CLAIM JUMPER RESTAURANT SJ Records Mgmt O'Neil Training Mtg 70.72 ALL RESORT EXPRESS SJ Shuttle:SIRE Conf:9/19-22:Ballreich 67.00 FILlPPIS PIZZA GROTTO TT Refreshments: IS Interview Panel 54.43 CLAIM JUMPER RESTAURANT MN Refreshments:Mtg w/Plan Comm. 51.05 SWING INN CAFE SN Refreshments:CM Business Mtg 28.84 PA YPAL TT Veri sign Payflow Pro Transaction 5.20 HUMPHREYS HALF MOON INN TT Htl:ESRI Cf:DeGange:8/7-8/06 -0.16 3,596.31 110417 09/21/2006 010361 FITZSIMONS, JOHN Interim relocation moving expense 4,000.00 4,000.00 110418 09/21/2006 010361 FITZSIMONS, JOHN Final relocation moving expenses 4,000.00 4,000.00 110419 09/21/2006 006531 FORMOE, GARY Reimb: IAPMO certification renewal 75.00 75.00 Page:4 apChkLst Final Check List Page: 5 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110420 09/21/2006 001989 FOX NETWORK SYSTEMS INC Longview Extender: Library 4,256.13 4,256.13 110421 09/21/2006 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 110422 09/21/2006 010374 FX WAREHOUSE Emerg training equip: Hmelnd grant 114.81 114.81 110423 09/21/2006 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 549.53 Printer toner supplies:Citywide 504.27 1,053.80 110424 09/21/2006 010028 G M BUSINESS INTERIORS Office furniture:Old Twn Police Stn 29,998.36 29,998.36 110425 09/21/2006 010045 GILPIN, BRADLEY Refund: Picnic Shelter-Pala Park 150.00 150.00 110426 09/21/2006 000177 GLENNIES OFFICE PRODUCTS Misc office supplies:TCSD/C.Museum 396.52 INC Misc office supplies:Records Mgmt 74.96 471.48 110427 09/21/2006 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 220.50 CLUB TCSD instructor earnings 168.00 TCSD instructor earnings 119.00 TCSD instructor earnings 44.80 552.30 110428 09/21/2006 002174 GROUP 1 PRODUCTIONS '06 Summer Recreation Prgm Video 3,000.00 3,000.00 110429 09/21/2006 000186 HANKS HARDWARE INC TCSD Art Cart Supplies 52.51 52.51 110430 09/21/2006 001135 HEALTH POINTE MEDICAL Aug Pre-employment physicals 135.00 GROUP INC Employee first aid care 72.25 207.25 110431 09/21/2006 004811 HEWLETT PACKARD Library computer equip: Fiber module 2,412.52 P.B.Sports Complex computer equip 1,362.41 3,774.93 110432 09/21/2006 004755 HIGHER INTEGRITY PAINTING Res impr prgm: Hagl, Steven & Dana 475.00 475.00 110433 09/21/2006 005748 HODSON, CHERYL A. Support Payment 6.38 6.38 110434 09/21/2006 003198 HOME DEPOT, THE Hardware supplies: City Hall 225.78 225.78 110435 09/21/2006 001517 HORIZON HEALTH Sept EE Assistance Prgm 844.80 844.80 110436 09/21/2006 005201 HUDSON, MICHAEL Reimb:O\ffpaid EE computer loan 153.84 153.84 PageS apChkLst Final Check List Page: 6 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110437 09/21/2006 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,816.45 11,816.45 303355 110438 09/21/2006 004833 IMPERIAL PAVING COMPANY INC Citywide asphalt repairs 66,337.00 66,337.00 110439 09/21/2006 001123 INDUSTRIAL DISTRIBUTION 6 padlocks for PW Mntc equip 159.88 159.88 GROUP 110440 09/21/2006 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 209.68 209.68 INC 110441 09/21/2006 006924 INTL MUNICIPAL SIGNAL ASSOC. Membership: R. Uribe #21276 60.00 60.00 110442 09/21/2006 010119 IRS-OIC Supp Pmt Offer#1000497587 452379267 140.11 140.11 110443 09/21/2006 001186 IRWIN, JOHN TCSD instructor earnings 100.80 TCSD instructor earnings 33.60 134.40 110444 09/21/2006 004908 JIFFY LUBE 1878 B&S vehicle oil chg/mntc 102.16 B&S vehicle oil chg/mntc 40.47 B&S vehicle oil chg/mntc 35.50 178.13 110445 09/21/2006 004813 JOLLY JUMPS end of SMART prgm jumper:Harveston 306.25 end of SMART prgm jumper:Crovvne 81.28 end of SMART prgm jumper:Margarita 81.25 end of SMART prgm jumper:Temeku 81.25 550.03 Page:6 apChkLst Final Check List Page: 7 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110446 09/21/2006 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 1,365.00 TCSD instructor earnings 1,330.00 TCSD instructor earnings 1,274.00 TCSD instructor earnings 1,071.00 TCSD instructor earnings 672.00 TCSD instructor earnings 672.00 TCSD instructor earnings 660.80 TCSD instructor earnings 567.00 TCSD instructor earnings 560.00 TCSD instructor earnings 504.00 TCSD instructor earnings 492.80 TCSD instructor earnings 492.80 TCSD instructor earnings 448.00 TCSD instructor earnings 448.00 TCSD instructor earnings 420.00 TCSD instructor earnings 392.00 TCSD instructor earnings 392.00 TCSD instructor earnings 392.00 TCSD instructor earnings 392.00 TCSD instructor earnings 392.00 TCSD instructor earnings 308.00 TCSD instructor earnings 117.60 13,363.00 110447 09/21/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 9/3 Palacios 638.00 Temp help PPE 9/3 Wedeking 398.75 1,036.75 110448 09/21/2006 010406 KOLB, TIFFANY Ticket SettlementCar Presentation 8/27 143.00 143.00 110449 09/21/2006 006744 LAMAR CORPORATION, THE Jul billboard lease-Old Town 3,130.00 Aug billboard lease-Old Town 3,130.00 Sept billboard lease-Old Town 3,130.00 Jul billboard chg-out -Old Town 495.00 9,885.00 110450 09/21/2006 004412 LEANDER, KERRY D. TCSD instructor earnings 49.00 49.00 110451 09/21/2006 004905 LIEBERT, CASSIDY & WHrTMORE Aug HR legal svcs for TE060-#01 728.30 728.30 110452 09/21/2006 007998 LINGO INDUSTRIAL Trffc Signal poles freight chgs 600.00 600.00 ELECTRONICS 110453 09/21/2006 004087 LOWES INC Res impr prgm: Crookshank, W & K 716.00 716.00 110454 09/21/2006 004087 LOWES INC replace Stn 73 kitchen sink/faucet 346.55 346.55 Page:? apChkLst Final Check List Page: 8 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110455 09/21/2006 004141 MAINTEX INC custodial supplies:CRC 669.18 custodial supplies:Park Sites 383.59 custodial supplies:Old Town 383.59 custodial supplies:Park Sites 304.44 custodial supplies:CRC 267.74 custodial supplies:MPSC 177.57 custodial supplies:TCC 124.67 custodial supplies:C.Museum 22.57 2,333.35 110456 09/21/2006 001967 MANPOWER TEMPORARY temp help w/e 08127 Hoof/Dankworth 1,368.80 SERVICES temp help w/e 08120 Hoof/Dankworth 1,359.54 temp help w/e 09/03 Dankworth 722.28 temp help w/e 09/10 Dankworth 388.92 3,839.54 110457 09/21/2006 000217 MARGARrTA OFFICIALS ASSN Aug Softball Officials Services 3,750.00 3,750.00 110458 09/21/2006 003444 MARTIN & CHAPMAN COMPANY filler-elec.manual/resolution/ntc:C.Clrk 58.88 58.88 110459 09/21/2006 010404 MARTIN, ROBERT A. refund:815/06 inspection deposit 291.28 291.28 110460 09/21/2006 010402 MARTINEZ, MARK L. Theater settlement/"Holy Dirt" 9/15 1 ,000.00 1 ,000.00 110461 09/21/2006 005806 MATTHEWS, CATHERINE J. street addressing svcs:B1dg & Safety 287.50 287.50 110462 09/21/2006 000220 MAURICE PRINTERS INC Address labels for HR Dept. 799.51 799.51 110463 09/21/2006 010275 MCDONALD DUVALL DESIGN INC Children's Area Artwork:Library 13,960.00 13,960.00 110464 09/21/2006 009541 MEYER AND ASSOCIATES Aug dsgn svcs:TCC Expansion 1,590.00 1,590.00 110465 09/21/2006 008091 MILLMORE'S WAX CREW City vehicles detailing services:PW 125.00 City vehicles detailing services:PW 125.00 City vehicles detailing svcs:B&S 100.00 City vehicles detailing svcs:PW Depts 75.00 City vehicles detailing services:B&S 70.00 credit:o\ffchrg 2 City vehicleslB&S -10.00 485.00 110466 09/21/2006 001868 MIYAMOTO-JURKOSKY, SUSAN prof srvcs @ Theater 9/10106 70.00 70.00 A. 110467 09/21/2006 001892 MOBILE MODULAR Sep modular bldg rental:Fire Stn 92 832.40 832.40 Page:8 apChkLst Final Check List Page: 9 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110468 09/21/2006 000915 NATIONAL NOTARY 4 yr notary renewal:M. Ballreich 51.00 51.00 ASSOCIATION 110469 09/21/2006 008528 NICHOLS, MELBURG & ROSETTO Jul consulting:Civic Center Complex 31,020.00 31,020.00 110470 09/21/2006 004512 NINYO & MOORE Jul geotechnical consult:79S Medians 2,891.25 2,891.25 110471 09/21/2006 010244 NO LIMITS SILK SCREEN add'l wntr league awards:TCSD 335.54 1st place awards:TCSD wntr leagues 228.87 sales tax for inV# 449-06 11.23 575.64 110472 09/21/2006 010289 NUMARA SOFTWARE INC 5 Licensesl'Track it!":Library 3,283.05 10/21/06-10/20/07 'Track it!" support 2,475.00 5,758.05 110473 09/21/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 1,207.42 City Vehicle Repair/Maint SVcs 34.27 1,241.69 110474 09/21/2006 007959 ONEIL SOFTWARE INC SQL Trng 8/16/06 Rcrds Mgmt 1,060.97 credit:dupl.billing of SQL Trng 8/16 -1,000.00 60.97 110475 09/21/2006 009694 ONSTAGE MUSICALS Torch Songs & Jazz/Cabaret:Thtr Stlmnt 5,957.32 5,957.32 110476 09/21/2006 001171 ORIENTAL TRADING COMPANY Harvest Family Carnival supplies 1,111.05 1,111.05 INC 110477 09/21/2006 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55 PROGRAM 110478 09/21/2006 009796 PERVO PAINT COMPANY traffic legend stenciling paint:PW 1,238.05 1,238.05 110479 09/21/2006 000249 PETTY CASH Petty Cash Reimbursement 362.44 362.44 110480 09/21/2006 007484 PHILIPS MEDICAL SYSTEMS INC 3 AED'slcabineetslsupplies:Paramedics 6,512.20 credit:only 3 AED cabinets received -601.89 5,910.31 110481 09/21/2006 008748 PHONETICS Sensor system:Library 2,440.26 2,440.26 110482 09/21/2006 010288 PIANO MUSIC CENTER Grand Piano for Library 24,995.00 24,995.00 110483 09/21/2006 009161 POLETTI, GUSTAVO TCSD Instructor Earnings 606.37 606.37 110484 09/21/2006 010338 POOL & ELECTRICAL PRODUCTS pool chemicals for CRCfTES pools 147.77 147.77 INC Page:9 apChkLst Final Check List Page: 10 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110485 09/21/2006 000253 POSTMASTER Express Mail & Postal Svcs 44.40 44.40 110486 09/21/2006 010274 PREMIER COMMERICAL BANK rei retlescrow acctBeador/79S Medians 108,820.05 108,820.05 110487 09/21/2006 004029 R J M DESIGN GROUP INC Jul consultant sIYcs:RedhaVv'k Parks 7,672.33 7,672.33 110488 09/21/2006 000728 RAMSEY BACKFLOW & backflow repairltesting:Slopes 1,205.00 PLUMBING backflow repair/testing:Parks 303.00 backflow repair/testing:Facilities 50.00 1,558.00 110489 09/21/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 26,673.34 Various Water Meters 344.58 Aug 01-08-92010-0 P.B. Sports Cmplx 219.77 Various Water Meters 63.33 27,301.02 110490 09/21/2006 000526 REGENTS OF UNIVERSITY OF fundamentalslland-bases fin:D.Bilby 9/29 300.00 300.00 CALIF 110491 09/21/2006 002907 REINHART FONTES ASSOCIATES Real Estate Appraisal:RDA 4,000.00 4,000.00 INC 110492 09/21/2006 003591 RENES COMMERCIAL weed abate/debris clean up:Cty R-O-Ws 5,000.00 5,000.00 MANAGEMENT 110493 09/21/2006 004498 REPUBLIC ELECTRIC traffic intersection inspection:8123 550.00 550.00 110494 09/21/2006 002412 RICHARDS WATSON & GERSHON Jul20061egal services 54,852.07 Jul 2006 legal services 43,039.13 97,891.20 110495 09/21/2006 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 378.00 TCSD Instructor Earnings 98.00 TCSD Instructor Earnings 49.00 525.00 110496 09/21/2006 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: Graham 11.00 11.00 RECORDER 110497 09/21/2006 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: Lopez 11.00 11.00 RECORDER 110498 09/21/2006 000267 RIVERSIDE CO FIRE Apr-Jun '06:fire services 790,945.21 790,945.21 DEPARTMENT 110499 09/21/2006 000411 RIVERSIDE CO FLOOD CONTROL encroachment permit fees:Multi-Trail Sys 1,313.85 1,313.85 Page:10 apChkLst Final Check List Page: 11 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110500 09/21/2006 000268 RIVERSIDE CO HABITAT Aug '06 K-Rat payment 24,075.00 24,075.00 110501 09/21/2006 000357 RIVERSIDE CO parcel maps implY plans:PW Land Dev 88.00 88.00 TRANSPORTATION 110502 09/21/2006 009949 ROMERO GENERAL refund:bids/specs-R.C.Rd median 35.00 35.00 CONSTRUCTION 110503 09/21/2006 004598 S T KARCHITECTURE INC dsgn svcs:Roripaugh Fire stn Ph I 1,179.75 1,179.75 110504 09/21/2006 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50 110505 09/21/2006 006615 SCAN NATOA INC Chptr mtg: 10/12 P.Ruse/B.Smith 70.00 70.00 110506 09/21/2006 010089 SECURITAS SECURITY SRVCS 9/1-7/06 security sIYcs:Fire stn 95 1,432.16 1,432.16 USA 110507 09/21/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment La File # 2005033893 150.00 150.00 110508 09/21/2006 010269 SMALL, PETER lecturer @ T. Museum 8/12/06 200.00 200.00 110509 09/21/2006 000645 SMART & FINAL INC Recreation supplies:High Hopes Prgm 219.49 219.49 110510 09/21/2006 000537 SO CALIF EDISON Aug 2-00-397-5059 various mtrs 12,648.92 Sep 2-25-393-4681 T.E.S. Pool 915.24 Sep 2-28-397-1315 Rdhwk Pkwy 13.66 13,577.82 110511 09/21/2006 000926 SO CALIF EDISON Svc Pedestal:Diaz Rd Realign PW95-27 6,821.92 6,821.92 110512 09/21/2006 009218 SOUND IMAGE INC equip rental:Thtr/Crystal Gayle 3,300.00 3,300.00 110513 09/21/2006 000519 SOUTH COUNTY PEST CONTROL pest control svcs:Winchester/Rustic 84.00 84.00 INC 110514 09/21/2006 007851 SOUTH COAST HEATING & AIR Aug HVAC prev maintCity Fac's 3,927.00 Aug HVAC prev maint:Fire Stn 73/84/92 405.00 HVAC repair:CRC 245.00 HVAC repairTCSD office 105.00 4,682.00 110515 09/21/2006 005786 SPRINT 7/15/06-8/14/06 cell phone usage 7,566.21 7,566.21 Page:11 apChkLst Final Check List Page: 12 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110516 09/21/2006 000293 STADIUM PIZZA rirshmntsTeam PACE luau 8/31 90.34 90.34 110517 09/21/2006 010405 STOUT, JEFFREY reimb:state paramedic license 130.00 130.00 110518 09/21/2006 007273 STUMPS PRINTING COMPANY rec supplies:MPSC Svving Dance 62.10 62.10 INC 110519 09/21/2006 003599 T Y L1N INTERNATIONAL Aug profsvcs:Roripaugh Ranch Bridge 2,151.40 2,151.40 110520 09/21/2006 000305 TARGET BANK BUS CARD SRVCS recreation supplies:High Hopes Prgm 29.42 recreation supplies:C. Museum 23.06 52.48 110521 09/21/2006 010271 TEKWORKS INC Deposit:public wireless network:library 8,930.00 8,930.00 110522 09/21/2006 009500 TEMEC ELECTRONICS, INC small toolslequipment:PWTraffic Div 497.42 497.42 110523 09/21/2006 006465 TEMECULA AUTO REPAIR City vehicle maint svcs:Paramedics 819.49 City vehicle maint svcs:Fire Prev 175.41 994.90 110524 09/21/2006 008292 TEMECULA DIESEL AUTO & PW patch truck repairs 1,349.72 1,349.72 TRUCK 110525 09/21/2006 004260 TEMECULA STAMP & GRAPHICS stamps for plans stamping:Fire Prev 27.24 27.24 110526 09/21/2006 000307 TEMECULA TROPHY COMPANY 1 stl2nd place trophies:W/S Softball 650.70 Commission recogn awards 10/12/06 497.81 1,148.51 110527 09/21/2006 003140 TEMECULA VALLEY TCSD Instructor Earnings 336.00 TAEKWONDO TCSD Instructor Earnings 189.00 TCSD Instructor Earnings 21.00 546.00 110528 09/21/2006 008379 THEATER FOUNDATION, THE Theater stlmntfTemecula On stage 9/2 643.25 643.25 110529 09/21/2006 007636 THERMO ELECTRON CORP gas sensor replacement:Fire Stn 73 172.87 172.87 110530 09/21/2006 003862 THYSSENKRUPP Repair City Hall elevator controllerltrblshoot 597.00 597.00 ELEVATOR.BRNCH 37 110531 09/21/2006 000978 TRAUMA INTERVENTION PRGM 1 st Qtr Emerg. Response Vol. Prgm 2,442.00 2,442.00 INC 110532 09/21/2006 005460 U S BANK Trustee admin fees:RDA Tabs 3,850.00 Trustee/fiscal admin fees:CFD 88-12 3,300.00 7,150.00 Page:12 apChkLst Final Check List Page: 13 09/21/2006 10:44:40AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110533 09/21/2006 007118 US TELPACIFIC CORPORATION Sep Internet IP Addresses Block 949.60 949.60 110534 09/21/2006 000325 UNITED WAY United Way Charities Payment 212.15 212.15 110535 09/21/2006 009876 VAB LLC SEGWAY OF THE Black Segway Helmets:Police 238.13 238.13 DESERT 110536 09/21/2006 003665 VARTEC SOLUTIONS INC Aug long distance phone svcs 8.23 8.23 110537 09/21/2006 004261 VERIZON Sep xxx-50n general usage 4,481.34 Sep xxx-0073 general usage 213.56 Sep xxx-3910 1st Str Irrigation 30.60 Sep xxx-5473 Moraga Rd 30.18 Sep xxx-7562 Irrigation Controller 29.65 Sep xxx-4723 Police aT. Stn 28.56 Sep xxx-8573 general usage 27.66 4,841.55 110538 09/21/2006 004848 VERIZON SELECT SERVICES INC Sep long distance phone svcs 110.02 Sep long distance phone svcs 9.76 119.78 110539 09/21/2006 009101 VISION ONE INC Aug Showare ticketing svcs:Theater 1,482.00 1,482.00 110540 09/21/2006 001890 VORTEX DOORS garage door maintFire Stn 84 455.10 455.10 110541 09/21/2006 003089 WAKEFIELD COMPANY, THE receptacle & liners:Harveston Lk Prk 357.62 357.62 110542 09/21/2006 001342 WAXIE SANITARY SUPPLY INC custodial supplies:CRC/City Hall 362.86 362.86 110543 09/21/2006 003730 WEST COAST ARBORISTS INC Tree Evaluation:Redhawk Area 665.00 665.00 110544 09/21/2006 000621 WESTERN RIVERSIDE COUNCIL Aug '06 TUMF Payment 254,735.77 254,735.77 OF GOVERNMENTS 110545 09/21/2006 008402 WESTERN RIVERSIDE CO. REG. Aug '06 MSHCP payment 2,810.00 2,810.00 CONSERVATION AUTHORITY Grand total for UNION BANK OF CALIFORNIA: 4,547,897.03 Page:13 apChkLst Final Check List Page: 1 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 110546 09/25/2006 001365 RIVERSIDE COUNTY OF plan reviewfee:T.E.S. Pool 1,398.00 1,398.00 110547 09/28/2006 004594 2 HOT ACTIVEWEAR Trffc Officer Motorcycle boots 744.55 Trffc Officer Motorcycle boots 413.76 Trffc Officer Motorcycle breeches 413.76 Trffc Officer Motorcycle boots 371.74 Trffc Officer Motorcycle boots 371.74 Patches for volunteer police uniforms 51.72 Patches for Police volunteer uniforms 46.87 Patches for Police volunteer uniforms 22.63 2,436.77 110548 09/28/2006 000733 ABBEY PARTY RENTS Equip rental: 911 Remembrance event 48.00 48.00 110549 09/28/2006 004765 ACTIVE NETWORK INC, THE Refund:Joyce Trout: 4 Paws Dog Trng 200.00 Refund:Kylie Berg:Fairytale Princess 192.00 Refund:M. Zubrick:Fairytale Princess 96.00 488.00 110550 09/28/2006 004064 ADELPHIA 9/15-10/14 high speed internet Stn 12 46.95 46.95 110551 09/28/2006 004064 ADELPHIA 9/22-10/21 high speed internet City Hall 46.95 46.95 110552 09/28/2006 008552 ADKINS DESIGN CONSULTING Cultural Arts graphic art design 1,784.56 1,784.56 110553 09/28/2006 003679 AEI CASC ENGINEERING Jul 06 WQMP plan check svcs 2,118.11 2,118.11 110554 09/28/2006 003821 ALLSTAR FIRE EQUIPMENT Battery chgr for TIC: Fire Stn 84 189.57 189.57 110555 09/28/2006 003810 AMERICAN ASSOCIATION OF Membership: Wendell au 86066 236.28 236.28 MUSEUM 110556 09/28/2006 004446 AMERICAN SOCIETY OF CIVIL Membership: Greg Butler MB241204 240.00 240.00 110557 09/28/2006 008279 AMERICOMP IN FOSYSTEMS INC Computer Monitors:Library 1,993.05 Computer equip: Cisco Sys Multiflex 1,373.81 Computer equip: Mounting Kits 247.83 Library computer equip:64BIT PCI 129.30 3,743.99 110558 09/28/2006 002480 ANIXTER INC Monitor & keyboard equip:Library 558.37 558.37 110559 09/28/2006 003377 ANTIQUE & COLLECTABLES Advertising:antiques street faire 438.18 438.18 NEWSMAG Page:1 apChkLst Final Check List Page: 2 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110560 09/28/2006 000101 APPLE ONE INC Temp help PPE 9/09 Gonzales 524.16 Temp help PPE 9/09 Hoenig 239.68 Temp help PPE 9/09 Arnwine 120.16 884.00 110561 09/28/2006 002648 AUTO CLUB OF SOUTHERN Membership: D. Armstrong 76766025 47.00 CALIF Membership: J. Beardshear 45277943 47.00 Membership: M. Munoz 25868902 47.00 141.00 110562 09/28/2006 010422 B J'S RESTAURANTS, INC. Refund: Grading Depst: 26500 Ynez Rd 995.00 995.00 110563 09/28/2006 010421 BADILLO, M. P. Refund: Security Depst: CRC-Kitchen 400.00 400.00 110564 09/28/2006 010416 BAKER, GEORGANNA Refund: Cite 49134 H.Officer dismissed 325.00 325.00 110565 09/28/2006 009473 BARNARD L TO Plastic pickles for exhibit displays 75.00 75.00 110566 09/28/2006 003466 BASKET & BALLOONS TOO! Promotional Gift Baskets:Eco Devel 57.33 57.33 110567 09/28/2006 002541 BECKER CONSTRUCTION SRVS Construct Vallejo retention pond 7,610.00 INC Construct retention pond santiago @ 5,645.00 13,255.00 110568 09/28/2006 008911 BEERS, BRUCE Reimb:Wstm Arts Conf:9/5-9:Lg Beach 273.95 273.95 110569 09/28/2006 004176 BROADWING Sept Long distance & internet svcs 749.15 749.15 TELECOMMUNICATIONS 110570 09/28/2006 003138 CAL MAT PW patch truck materials 411.67 411.67 110571 09/28/2006 005384 CALIF BAGEL BAKERY & DELI Refreshments: Council closed session 199.34 199.34 110572 09/28/2006 001054 CALIF BUILDING OFFICIALS Regist:CALBO Edu Week Trng:staff 2,050.00 2,050.00 110573 09/28/2006 004248 CALIF DEPT OF JUSTICE- July DUI Drug & Alcohol Screening 1,330.00 1,330.00 ACCTING 110574 09/28/2006 004971 CANON FINANCIAL SERVICES, Oct Copier Lease Pmt: City's Fac 1,908.32 INC Oct Copier Lease: T. Museum/Frnt Rec. 223.93 Oct Copier Lease: Fire Stn 12 76.96 2,209.21 110575 09/28/2006 008742 CAPE MAY APARTMENTS LLC Refund:Devel trust acct-Ovrtime Inspect. 3,961.00 Refund:Devel trust acct- Permits 725.21 4,686.21 Page2 apChkLst Final Check List Page: 3 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110576 09/28/2006 000387 CAREER TRACK SEMINARS Regist: Managing Under Pressure:SUDB 198.00 198.00 110577 09/28/2006 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 170.97 170.97 110578 09/28/2006 009791 CLARK, MISTY Reimbursement: Boot purchase 150.00 150.00 110579 09/28/2006 006660 CMTA Regist:Assessed Valuation Cf: 8/10/06 72.00 72.00 110580 09/28/2006 009905 COMPRISE TECHNOLOGIES INC Library Computer Equip:Sam Access Card 4,600.00 4,600.00 110581 09/28/2006 002945 CONSOLIDATED ELECTRICAL Elect. parts: 600v Fuse: TCSD 611.70 611.70 DIST 110582 09/28/2006 001264 COSTCO WHOLESALE Misc supplies:Team PACE 287.47 287.47 110583 09/28/2006 002631 COUNTS UNLIMITED INC Citywide Traffic Count Data Collection 14,260.00 14,260.00 110584 09/28/2006 010425 COVENANT DEVELOPMENT INC. Refund: Picnic shelter dept:Reagan 330.00 330.00 110585 09/28/2006 010212 CREATIVE BUSINESS GRAPHICS Tem.Presents Season Mailers 4,443.66 4,443.66 110586 09/28/2006 004123 o L PHARES & ASSOCIATES Oct Lease Charges: Police Old Tovvn 2,402.57 2,402.57 110587 09/28/2006 004194 o L T SOLUTIONS INC Regist: Lnd Dsktop Level 2:10/16-17 618.75 618.75 110588 09/28/2006 003272 DAISYWHEEL RIBBON Plotter Ribbon & Ink:GIS Division 331.18 331.18 COMPANY INC 110589 09/28/2006 004438 DICK BLICK COMPANY INC Childrens Museum Aprons 88.40 88.40 110590 09/28/2006 000684 DIEHL EVANS & COMPANY LLP FY 05/06 Audit Svcs:Second Interim 12,500.00 12,500.00 110591 09/28/2006 004263 DISPLAY TECH EXHIBITS Repair/renovation City's display booth 2,503.82 2,503.82 Page:3 apChkLst Final Check List Page: 4 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110592 09/28/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City Vehicles: TCSD 1,317.32 INC Fuel for City Vehicles:PW Mntc 1,175.36 Fuel for City Vehicles:PW/NPDES/CIP 520.97 Fuel for City Vehicles:Bldg&Safety 484.46 Fuel for City Vehicles:Code Enforcement 162.61 Fuel for City Vehicles:Planning/Police 145.97 Fuel for City Vehicles:CIP/City Van 102.58 Fuel for City Vehicles:CIP 74.45 Fuel for City VehiclesTraffic 42.09 4,025.81 110593 09/28/2006 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal 52.29 Supplies for graffiti removal 26.01 78.30 110594 09/28/2006 002390 EASTERN MUNICIPAL WATER 190304-02 Seraphina Rd Ldscp 1,480.57 DIST 95366-02 Diego Dr Ldscp 559.64 2,040.21 110595 09/28/2006 000164 ESGIL CORPORATION Aug plan ck svcs:Building & Safety 6,361.45 6,361.45 110596 09/28/2006 001056 EXCEL LANDSCAPE Aug irrigation repairs: Slopes 807.45 Aug irrigation repairs: Slopes 607.42 Debit: Incorrectly calculated WO 12953 19.00 1,433.87 110597 09/28/2006 000165 FEDERAL EXPRESS INC 09/07 Express mail services 12.02 12.02 110598 09/28/2006 010423 FERGUSON, HANNAH Refund: 4 Paws Basic Dog Trng 195.00 195.00 110599 09/28/2006 003747 FINE ARTS NETWORK Theater/Cultural Arts Brochures 2,403.10 2,403.10 110600 09/28/2006 001989 FOX NETWORK SYSTEMS INC Library computer equip: Switches 2,522.86 2,522.86 110601 09/28/2006 010352 FRANCIS POULENC TRIO Theater 1 yr celebration event 6,700.00 6,700.00 110602 09/28/2006 010424 FRAZZINI, JOHN Refund: Grading depst: 41380 La Sierra 995.00 995.00 110603 09/28/2006 004944 FULLCOURT PRESS Business License printing certificates 422.12 422.12 110604 09/28/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prev. 178.34 178.34 110605 09/28/2006 009608 GOLDEN VALLEY MUSIC Theater 1 yr celebration event 14,500.00 14,500.00 SOCIETY 110606 09/28/2006 008444 GREAT OAK HIGH SCHOOL CSF 06/07 Awd:'06 Fiesta Bowl 1,000.00 1,000.00 Page:4 apChkLst Final Check List Page: 5 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110607 09/28/2006 000520 H 0 L COREN & CONE INC FY 05/06 CAFR reprt pkg:Finance 325.00 325.00 110608 09/28/2006 005311 H20 CERTIFIED POOL WATER Pool srvcs & supplies:CRC & TES 900.00 SPCL. Pool srvcs & supplies:CRC & TES 900.00 1,800.00 110609 09/28/2006 000186 HANKS HARDWARE INC Hardware supplies:City Parks 636.05 Hardware supplies:Fire Stn 73/12 104.85 Hardware supplies:PW St MntcfTrffc 95.35 Hardware supplies:City Hall 26.15 862.40 110610 09/28/2006 001135 HEALTH POINTE MEDICAL Aug Pre-employment physicals 200.00 GROUP INC Aug Pre-employment physicals 110.00 310.00 110611 09/28/2006 007792 HINTON, BEVERLY L. TCSD instructor earnings 228.20 TCSD instructor earnings 193.20 421.40 110612 09/28/2006 003198 HOME DEPOT, THE Res impr prgm: Curry - French Doors 1,484.62 1,484.62 110613 09/28/2006 003198 HOME DEPOT, THE Res impr prgm: Curry - Side Entry Door 555.99 555.99 110614 09/28/2006 003198 HOME DEPOT, THE mntc supplies: Harveston Lake Park 283.92 Hardware supplies: PW Mntc 112.15 Hardware supplies: TCSD 29.04 425.11 110615 09/28/2006 006492 HRUSKA, ROSEANN Reimb:People Skills Sem:9/13:0ntario 61.09 61.09 110616 09/28/2006 005683 IS G THERMAL SYSTEMS USA thermal imager repair:fire stn 73 509.50 509.50 INC 110617 09/28/2006 004406 IGOE & COMPANY INC Sept flex benefit plan pmt 308.25 308.25 110618 09/28/2006 001123 INDUSTRIAL DISTRIBUTION Cleaner degreaser:PW Mntc 90.28 90.28 GROUP 110619 09/28/2006 006713 INTEGRATED MEDIA SYSTEMS Chambers Audio System Upgrade 3,205.06 Chambers Audio System Upgrade 2,804.43 6,009.49 110620 09/28/2006 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 224.66 INC Pool sanitizing chemicals 134.80 359.46 110621 09/28/2006 002575 JONES, SUSAN W Reimb: League Conf:9/6-8:San Diego 7.00 7.00 PageS apChkLst Final Check List Page: 6 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110622 09/28/2006 001091 KEYSER MARSTON ASSOCIATES Aug consulting svcs:RDA real estate 16,699.99 INC Jul consulting svcs:RDA real estate 4,487.50 Jul consulting svcs:RDA housing 2,246.45 Aug consulting svcs:RDA housing 182.50 23,616.44 110623 09/28/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 9/10 Palacios 510.40 510.40 110624 09/28/2006 009014 KIMOS HAWAIIAN SHAVE ICE Fire Drill refreshments 300.00 300.00 110625 09/28/2006 006744 LAMAR CORPORATION, THE Sept billboard change out 495.00 495.00 110626 09/28/2006 000210 LEAGUE OF CALIF CITIES Regist:Law/Election Sem:1216-8:SJ/MB 840.00 840.00 110627 09/28/2006 009388 LETS GET PERSONAL Building & Safety uniform shirts 196.06 196.06 110628 09/28/2006 003286 LIBRARY SYSTEMS & SERVICES RFID tagging of library materials 1,363.88 1,363.88 110629 09/28/2006 003726 LIFE ASSIST INC Paramedic Medical Supplies 760.28 760.28 110630 09/28/2006 010427 LILLI, LYDIA Refund: Merc cancellation Laugh Jam 3,035.00 3,035.00 110631 09/28/2006 010426 LOPEZ, JO Refund: Tiny Tots - Fab 4 & 5's 64.00 64.00 110632 09/28/2006 004087 LOWES INC Hardware Supplies: Theater 16.13 16.13 110633 09/28/2006 010413 LYNCH, JAMES H. Refund: Cite 49044 H.Officer dismissed 65.00 65.00 110634 09/28/2006 010204 M T G L INC Aug profsvcs:Field Opers Center 1,672.50 1,672.50 110635 09/28/2006 003782 MAIN STREET SIGNS misc. signslhardwarelsupplies:PW 2,089.54 2,089.54 110636 09/28/2006 000394 MAINTENANCE mbrshp dues:Rodney Tidwell 35.00 35.00 SUPERINTENDENTS Page:6 apChkLst Final Check List Page: 7 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110637 09/28/2006 004068 MANALlLI, AILEEN TCSD Instructor Earnings 290.50 TCSD Instructor Earnings 262.50 TCSD Instructor Earnings 152.25 TCSD Instructor Earnings 136.50 TCSD Instructor Earnings 126.00 TCSD Instructor Earnings 78.75 1,046.50 110638 09/28/2006 001967 MANPOWER TEMPORARY temp help w/e 09/17 Dankworth 740.80 740.80 SERVICES 110639 09/28/2006 004307 MARINE BIOCHEMISTS Sep water maint:Harveston/Duck Pond 4,855.00 4,855.00 110640 09/28/2006 007332 MEECH, RICHARD Refund:Court fee RE:Cite 47674 25.00 25.00 110641 09/28/2006 007210 MIDORI GARDENS Aug Idscp maint svcs:Parks 49,931.61 Idscp svcs:Harveston Lake Park 210.00 50,141.61 110642 09/28/2006 001384 MINUTEMAN PRESS City Stationery For Pw 292.60 business cards:S. Nelson 116.96 409.56 110643 09/28/2006 002257 MOST DEPENDABLE FOUNTAINS drinking fountain parts:var. parks 879.00 879.00 110644 09/28/2006 009915 MOUNTAINVIEW COMMUNITY refund:sec depositlR.R.Sports Park 380.00 380.00 CHURCH 110645 09/28/2006 001986 MUZAK -SOUTHERN CALIFORNIA Oct satellite sound system svcs:O.T. 69.11 69.11 110646 09/28/2006 009337 NOLTE ASSOCIATES INC Aug profsvcs:Bridge Fencing Prjt 10,728.00 10,728.00 110647 09/28/2006 010419 NOORZAD, CARRIE refund:Creative Beginnings 55.00 55.00 110648 09/28/2006 003964 OFFICE DEPOT BUSINESS SVS office supplies: Police Mall stn 434.82 434.82 DIV 110649 09/28/2006 002734 P V P COMMUNICATIONS INC Police Motor Helmet Interface Kits 2,051.49 2,051.49 110650 09/28/2006 006939 PAINT CONNECTION, THE Res Imprv Prgm: Sears, Dale And Lynda 4,425.00 4,425.00 110651 09/28/2006 010414 PARRISH, FREDERICK J. Refund: Cite 49808 H.Officer dismissed 90.00 90.00 110652 09/28/2006 004074 PARTY CITY OF TEMECULA INC MPSC recreation supplies 73.55 73.55 Page:? apChkLst Final Check List Page: 8 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110653 09/28/2006 000249 PETTY CASH Petty Cash Reimbursement 502.71 502.71 110654 09/28/2006 010338 POOL & ELECTRICAL PRODUCTS pool chemical supplies:CRCfTES 189.64 INC pool chemical supplies:CRCfTES 172.40 pool chemical supplies:CRCfTES 73.88 435.92 110655 09/28/2006 004627 PUBLIC SAFETY TECHNOLOGIES radio rentals:F.I.T. 5K110K 199.30 199.30 INC 110656 09/28/2006 010418 PURPURA, TERECITA refund:Kids Concoctions 30.00 30.00 110657 09/28/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 34,299.12 Various Water Meters 444.14 Sep 01-04-10033-2 Marg Rd 235.43 34,978.69 110658 09/28/2006 005383 RANCHO SPRINGS MEDICAL Community Service Funding Award 15,000.00 15,000.00 CENTER 110659 09/28/2006 003742 REHAB FINANCIAL (7) new loans svcs:RDA 1,050.00 CORPORATION loan svcs:RDA 75.00 amended loan svcs:RDA 50.00 1,175.00 110660 09/28/2006 010429 REID &HELL YER CLIENT TRST Diaz Rd Realignment agrmnt PW95-27 15,000.00 15,000.00 ACCT 110661 09/28/2006 002110 RENTAL SERVICE equip rental for PW Maint Div 326.28 326.28 CORPORATION 110662 09/28/2006 004498 REPUBLIC ELECTRIC Aug Engineering Svcs:Pw 5,070.00 Aug on-call traffic signal maint svcs 1,286.00 6,356.00 110663 09/28/2006 000353 RIVERSIDE CO AUDITOR Aug '06 parking citation assessments 6,687.75 July '06 parking citation assessments 4,471.99 11,159.74 110664 09/28/2006 000418 RIVERSIDE CO CLERK & ntclexemption filing fee:PA06-0258 64.00 64.00 RECORDER 110665 09/28/2006 000418 RIVERSIDE CO CLERK & ntclexemption fee:Redevelopment Plan 64.00 64.00 RECORDER 110666 09/28/2006 000418 RIVERSIDE CO CLERK & Res ImplY Prgm:Matuzak 11.00 11.00 RECORDER 110667 09/28/2006 000418 RIVERSIDE CO CLERK & Res ImplY Prgm:Schaffer-Osmond 11.00 11.00 RECORDER Page:8 apChkLst Final Check List Page: 9 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110668 09/28/2006 003587 RIZZO CONSTRUCTION INC Furnish/Install Tubing In Bskt:C. Museum 490.00 490.00 110669 09/28/2006 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 1,372.00 TCSD Instructor Earnings 1,078.00 2,450.00 110670 09/28/2006 004598 S T KARCHITECTURE INC Dsgn Svcs:Wolf Creek Fire Stn 1,863.75 1 ,863.75 110671 09/28/2006 009196 SACRAMENTO THEATRICAL theatrical lighting and supplies 415.69 LIGHTING theatrical lighting and supplies 208.14 theatrical lighting and supplies 172.10 theatrical lighting and supplies 117.25 913.18 110672 09/28/2006 008515 SAM DE FAZIO'S GOODTIME periormance:Sr Swing Sensation 9/22 400.00 400.00 BAND 110673 09/28/2006 010415 SAN LUIS, PAULINE Refund: Cite 53502 H.Officer dismissed 60.00 60.00 110674 09/28/2006 004562 SCHIRMER ENGINEERING CORP. Jul plan check svcs:Fire Prev 5,542.50 5,542.50 110675 09/28/2006 010420 SCHWANK, ZACHARY refund:Fairytale Princess Dance 91.00 91.00 110676 09/28/2006 010089 SECURITAS SECURITY SRVCS 9/8-14/06 Security Srvcs:Fire Stn 95 1,318.35 1,318.35 USA 110677 09/28/2006 003870 SIMULAIDS INC simulation trng products:Police 183.78 183.78 110678 09/28/2006 000645 SMART & FINAL INC Family Fun Nights supplies 64.35 64.35 110679 09/28/2006 000537 SO CALIF EDISON Sep 2-02-351-4946 MPSC 2,372.77 Sep 2-18-937-3152T. Museum 1,540.47 Sep 2-27-615-1750 Fire Stn 73 1,475.92 Sept 2-23-365-5992 Fire stn 92 776.35 Sep 2-20-817-9929 Police aT Stn 387.58 Sep 2-11-007-0455 6th St 358.15 Sep 2-21-911-7892 aT Parking Lot 140.48 Sep 2-19-171-8568 Wedding Chpl 78.17 Sep 2-21-981-4720 Hwy 79 65.40 Sep 2-14-204-1615 Front st Rdio 45.06 Sep 2-28-366-3128 Seraphina Peel 44.98 Sep 2-27-371-8494 off-site storage 20.42 7,305.75 Page:9 apChkLst Final Check List Page: 10 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110680 09/28/2006 001212 SO CALIF GAS COMPANY Sept City Facilities gas meters 181.70 Sep 095-167-7907-2 Fire Stn 84 121.21 Sept 101-525-1560-6 Fire Stn 73 58.58 361.49 110681 09/28/2006 000519 SOUTH COUNTY PEST CONTROL pest control svcs:HaIY. Boat Rentals 84.00 INC pest control service:Fire Stn 84 80.00 pest control service:Fire Stn 92 42.00 206.00 110682 09/28/2006 007851 SOUTH COAST HEATING & AIR HVAC repairs:Fire Stn 84 157.50 157.50 110683 09/28/2006 005786 SPRINT Sep Acct Level Chrgs 31.26 31.26 110684 09/28/2006 000293 STADIUM PIZZA INC refreshments:C.Museum trng 9/15 63.02 63.02 110685 09/28/2006 009452 STRAWN, WILLIAM R. reimb:supplies for Theater 139.00 139.00 110686 09/28/2006 004972 TEA M COMMUNITY PANTRY relocation agrmntlpart a:Civic Center 10,000.00 10,000.00 110687 09/28/2006 004972 TEA M COMMUNITY PANTRY relocation agrmntlpart b:Civic Center 10,000.00 10,000.00 110688 09/28/2006 003599 T Y L1N INTERNATIONAL Aug Prof Svcs:Bridge Inspections 12,838.15 12,838.15 110689 09/28/2006 000305 TARGET BANK BUS CARD SRVCS office supplies:PW Depts 318.84 318.84 110690 09/28/2006 006914 TEMECULA COPIERS INC. Jul copier maintlusage:City Facilities 2,748.30 2,748.30 110691 09/28/2006 009150 TEMECULA GLASS & MIRROR Res Imp Prgm: Schwartz, Ed and Patricia 407.33 407.33 INC 110692 09/28/2006 000307 TEMECULA TROPHY COMPANY misc awards:High Hopes Pgrm 9/15 172.40 172.40 110693 09/28/2006 010046 TEMECULA VALLEY FY 06-07 marketing funding 83,000.00 83,000.00 CONVENTION & 110694 09/28/2006 010046 TEMECULA VALLEY Jul '06 Bus. ImplY District Asmnts 48,534.38 48,534.38 CONVENTION & 110695 09/28/2006 004477 TEMECULA VALLEY WOMANS refund:sec.depositlrental- CRC 241.00 241.00 CLUB Page:10 apChkLst Final Check List Page: 11 09/28/2006 8:31 :09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 110696 09/28/2006 010233 TEPTRONICS INC Gps Receiver:Police 357.36 357.36 110697 09/28/2006 008894 TIDWELL, RODNEY reimb:uniform shirts 132.21 132.21 110698 09/28/2006 004145 TIME WARNER TELECOM Sep City phones general usage 1,037.30 1,037.30 110699 09/28/2006 009643 TOASTMASTERS 6 mnth membership dues: C. Damko 51.00 51.00 INTERNATIONAL 110700 09/28/2006 009726 TRI-M SYSTEMS GPS antenna w/GPS receiver:Fire stns 954.00 954.00 110701 09/28/2006 002702 US POSTAL SERVICE Postage meter deposit 5,689.30 5,689.30 110702 09/28/2006 004368 VAll COOPER & ASSOCIATES Aug inspection svcs:Citywide Fiber Optic 32,508.00 INC Aug Inspection Svcs:Roripaugh Ranch 7,648.50 40,156.50 110703 09/28/2006 006807 VANIR CONSTRUCTION Jul constr mgmt:Wolf Crk Fire Stn 20,613.21 20,613.21 110704 09/28/2006 004261 VERIZON Sep var phones general usage 443.27 443.27 110705 09/28/2006 004789 VERIZON ONLINE Internet svcs xx9549 Police Storefront 39.95 Internet svcs xx2527 Police DSL 39.95 79.90 110706 09/28/2006 001890 VORTEX DOORS garage door repair svcs:Fire Stn 84 247.30 247.30 110707 09/28/2006 003730 WEST COAST ARBORISTS INC tree trimming svcs: City Hall 94.50 94.50 110708 09/28/2006 000341 WILLDAN ASSOCIATES INC Aug plan check svcs:Fire Prev 651.00 651.00 110709 09/28/2006 008808 WOOLBRIGHTS ROOFING Res ImplY Prgm: Townsend, Ed 1,285.00 1,285.00 110710 09/28/2006 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 135.80 135.80 Grand total for UNION BANK OF CALIFORNIA: 600,388.07 Page:11 ITEM NO.3 Approvals City Attorney Director of Finance City Manager V iJll ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: October 10, 2006 SUBJECT: City Treasurer's Report as of August 31, 2006 PREPARED BY: Jason Simpson, Assistant Finance Director Shannon Buckley, Accountant RECOMMENDATION: August 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 August 31, 2006. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of August 31, 2006 City of Temecula, California Portfolio Management Portfolio Summary August 31, 2006 City ctTemecula 43200 6usirtess Park [);rve PO 60x9033 Temecula, CA, 92590 (951)694-6430 Reporting period 08/01/2006-0813112006 Portfolio TEME CP PM (PRF_PM1)SyrnRer<5.4U02a ReportVer.5.00 RunDate:10i02i2000-09:14 City of Temecula, California Portfolio Management Page 2 Portfolio Details - Investments August 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 73,001.01 73,001.01 73,001.01 4.850 4.784 4.850 SYSCFD 03-04-2 AD 03-04-2 First American Treasury 14,106.24 14,106.24 14,106.24 4.850 4.784 4.850 SYSCFD 03-04-3 AD 03-04-3 First American Treasury 4,971.74 4,971.74 4,971.74 4.850 4.784 4.850 SYSCFD 03-04-5 AD 03-04-5 First American Treasury 1,799.17 1,799.17 1,799.17 4.850 4.784 4.850 SYSCFD 01-2-1 CFD 01-2-1 First American Treasury 572,250.40 572,250.40 572,250.40 4.850 4.784 4.850 SYSCFD 01-2-2 CFD 01-2-2 First American Treasury 309,744.44 309,744.44 309,744.44 4.850 4.784 4.850 SYSCFD 01-2-3 CFD 01-2-3 First American Treasury 7,994.33 7,994.33 7,994.33 4.850 4.784 4.850 SYSCFD 01-2-4 CFD 01-2-4 First American Treasury 138,695.86 138,695.86 138,695.86 4.850 4.784 4.850 SYSCFD 01-2-5 CFD 01-2-5 First American Treasury 2,944,661.06 2,944,661.06 2,944,661.06 4.850 4.784 4.850 SYSCFD 01-2-9 CFD 01-2-9 First American Treasury 614,909.53 614,909.53 614,909.53 4.850 4.784 4.850 SYSCFD 03-02-10 CFD 03-02-10 First American Treasury 683,899.86 683,899.86 683,899.86 4.850 4.784 4.850 SYSCFD 03-02-11 CFD 03-02-11 First American Treasury 38,173,836.73 38,173,836.73 38,173,836.73 4.850 4.784 4.850 SYSCFD 03-02-13 CFD 03-02-13 First American Treasury 74,373.11 74,373.11 74,373.11 4.850 4.784 4.850 SYSCFD 03-02-3 CFD 03-02-3 First American Treasury 953,219.30 953,219.30 953,219.30 4.850 4.784 4.850 SYSCFD 03-02-6 CFD 03-02-6 First American Treasury 3,544,600.91 3,544,600.91 3,544,600.91 4.850 4.784 4.850 SYSCFD 03-02-7 CFD 03-02-7 First American Treasury 1,075,069.67 1,075,069.67 1,075,069.67 4.850 4.784 4.850 SYSCFD 03-02-9 CFD 03-02-9 First American Treasury 1,397,076.66 1,397,076.66 1,397,076.66 4.850 4.784 4.850 SYSCFD 03-1-1 CFD 03-03-1 First American Treasury 1,382,407.78 1,382,407.78 1,382,407.78 4.850 4.784 4.850 SYSCFD 03-03-11 CFD 03-03-11 First American Treasury 10,501.88 10,501.88 10,501.88 4.850 4.784 4.850 SYSCFD 03-03-2 CFD 03-03-2 First American Treasury 139.35 139.35 139.35 4.850 4.784 4.850 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 4.850 4.784 4.850 SYSCFD 03-03-6 CFD 03-03-7 First American Treasury 41.12 41.12 41.12 4.840 4.774 4.840 SYSCFD 03-03-9 CFD 03-03-9 First American Treasury 3,115.68 3,115.68 3,115.68 4.850 4.784 4.850 SYSCFD 03-06-0 CFD 03-06-0 First American Treasury 192,392.72 192,392.72 192,392.72 4.850 4.784 4.850 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 356,298.24 356,298.24 356,298.24 4.850 4.784 4.850 SYSCFD 03-06-3 CFD 03-06-3 First American Treasury 2,718.97 2,718.97 2,718.97 4.850 4.784 4.850 SYSCFD 03-06-8 CFD 03-06-8 First American Treasury 3,182.49 3,182.49 3,182.49 4.850 4.784 4.850 SYSCFD 03-1-1 CFD 03-1-1 First American Treasury 732,442.34 732,442.34 732,442.34 4.850 4.784 4.850 SYSCFD 03-1-10 CFD 03-1-10 First American Treasury 973.11 973.11 973.11 4.850 4.784 4.850 SYSCFD 03-1-13 CFD 03-1-13 First American Treasury 0.00 0.00 0.00 3.860 3.807 3.860 SYSCFD 03-1-16 CFD 03-1-16 First American Treasury 230,981.39 230,981.39 230,981.39 4.850 4.784 4.850 SYSCFD 03-1-2 CFD 03-1-2 First American Treasury 84.49 84.49 84.49 4.850 4.784 4.850 SYSCFD 03-1-21 CFD 03-1-21 First American Treasury 14,008.15 14,008.15 14,008.15 4.850 4.784 4.850 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 4.36 4.36 4.36 4.820 4.754 4.820 SYSCFD 03-1-6 CFD 03-1-6 First American Treasury 832.59 832.59 832.59 4.850 4.784 4.850 Portfolio TEME CP Run Date 10/02/2006-0914 PM (PRF _PM2) SymRept 6.41.202a ReportVer.5.00 City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments August 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 534,288.90 534,288.90 534,288.90 4.850 4.784 4.850 SYSCFD 88-12-1 CFD 88-12-1 First American Treasury 1,169,502.55 1,169,502.55 1,169,502.55 4.850 4.784 4.850 SYSCFD 88-12-3 CFD 88-12-3 First American Treasury 15,083.59 15,083.59 15,083.59 4.850 4.784 4.850 SYSCFD 88-12-5 CFD 88-12-5 First American Treasury 2.20 2.20 2.20 4.850 4.784 4.850 SYSRDA TABS-1 RDA TABs-1 First American Treasury 705.67 705.67 705.67 4.850 4.784 4.850 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 187.96 187.96 187.96 4.850 4.784 4.850 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 54,185,651.57 55,234,106.57 55,234,106.57 55,234,106.57 4.784 4.850 Letter of Credit 09652213 02006 Citibank, N.A. 07/01/2006 1.00 1.00 1.00 0.000 0.000 CA 2006-012 02005 Ohio Savings Bank 07/01/2006 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 4.946 4.878 4.946 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 4.946 4.878 4.946 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 3,983,857.37 3,983,857.37 3,983,857.37 4.946 4.878 4.946 SYSCFD 03-06-4 CFD 03-06-4 CA Local Agency Investment Fun 1,778,885.84 1,778,885.84 1,778,885.84 4.946 4.878 4.946 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 4.946 4.878 4.946 SYSCFD 03-1-22 CFD 03-1-22 CA Local Agency Investment Fun 3,433,697.82 3,433,697.82 3,433,697.82 4.946 4.878 4.946 SYSCFD 03-1-7 CFD 03-1-7 CA Local Agency Investment Fun 178,282.58 178,282.58 178,282.58 4.946 4.878 4.946 SYSCFD 03-1-9 CFD 03-1-9 CA Local Agency Investment Fun 6,305.01 6,305.01 6,305.01 4.946 4.878 4.946 SYSCITY CITY CA Local Agency Investment Fun 31,462,416.57 31,405,338.11 31,462,416.57 4.946 4.878 4.946 SYSRDA RDA CA Local Agency Investment Fun 2,058,263.48 2,054,529.42 2,058,263.48 4.946 4.878 4.946 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 4.946 4.878 4.946 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 74,166,068.35 71,797,745.77 71,713,187.53 71,797,745.77 4.878 4.946 Federal Agency Callable Securities 3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 2,968,992.00 3,050,000.00 3.100 3.058 3.101 494 01/08/2008 3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,882,543.35 2,965,000.00 3.000 2.960 3.001 493 01/07/2008 3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,918,430.00 3,000,000.00 3.000 2.960 3.001 483 12/28/2007 3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 972,810.00 1,000,000.00 3.000 2.960 3.001 483 12/28/2007 Portfolio TEME CP Run Date 10/02/2006-0914 PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Page 4 Portfolio Details - Investments August 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 3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 974,060.00 1,000,000.00 3.150 3.108 3.151 500 01/1412008 3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,945,620.00 2,000,000.00 3.070 3.029 3.071 501 01/1512008 3133X5K49 01020 Federal Home Loan Bank 04/16/2004 1,000,000.00 973,440.00 1,000,000.00 3.125 3.083 3.126 502 01/1612008 3133XSQF8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,943,120.00 2,000,000.00 3.000 2.960 3.001 508 01/2212008 3133X5ZL5 01022 Federal Home Loan Bank 04130/2004 2,000,000.00 1,956,880.00 2,000,000.00 3.520 3.473 3.521 516 01/3012008 3133XAY84 01026 Federal Home Loan Bank 03/23/2005 1,000,000.00 991,560.00 999,750.00 3.850 3.810 3.863 203 03123/2007 3133XAZ91 01027 Federal Home Loan Bank 03/28/2005 1,000,000.00 995,000.00 999,750.00 3.785 3.750 3.802 118 12/28/2006 3133XBY66 01029 Federal Home Loan Bank 06/15/2005 2,000,000.00 1,991,880.00 2,000,000.00 4.000 3.781 3.833 105 12/15/2006 3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,969,070.00 2,997,360.00 4.250 4.238 4.296 341 08108/2007 3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 951,600.00 960,000.00 4.380 4.320 4.380 378 09/14/2007 3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,970,930.00 2,998,125.00 4.375 4.347 4.407 476 12/21/2007 3133XD302 01035 Federal Home Loan Bank 09/28/2005 620,000.00 614,575.00 620,000.00 4.400 4.340 4.400 392 09/28/2007 3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,980,000.00 2,000,000.00 4.500 4.438 4.500 574 03128/2008 3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 988,440.00 1,000,000.00 4.230 4.174 4.232 483 12/28/2007 3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 990,630.00 1,000,000.00 4.140 4.086 4.143 301 06129/2007 3133XDA84 01040 Federal Home Loan Bank 09/28/2005 1,000,000.00 996,250.00 1,000,000.00 4.200 4.147 4.204 118 12/28/2006 3133XDAB7 01041 Federal Home Loan Bank 09/29/2005 1,000,000.00 995,940.00 1,000,000.00 4.120 4.068 4.124 119 12/29/2006 3133XDBWO 01043 Federal Home Loan Bank 10/12/2005 1,000,000.00 998,440.00 1,000,000.00 4.050 3.995 4.050 41 10/12/2006 3133XDB03 01044 Federal Home Loan Bank 10/14/2005 1,000,000.00 995,940.00 1,000,000.00 4.250 4.196 4.255 131 01/10/2007 3133XDBX8 01045 Federal Home Loan Bank 10/12/2005 1,000,000.00 995,630.00 1,000,000.00 4.150 4.097 4.154 133 01/12/2007 3133XDB67 01046 Federal Home Loan Bank 10/12/2005 1,000,000.00 992,810.00 999,375.00 4.150 4.136 4.193 223 04/12/2007 3133XDK03 01047 Federal Home Loan Bank 11/09/2005 1,000,000.00 996,250.00 1,000,000.00 4.500 4.443 4.505 161 02/09/2007 3133XEG94 01053 Federal Home Loan Bank 01/26/2006 1,000,000.00 997,500.00 1,000,000.00 4.750 4.685 4.750 147 01/26/2007 3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 986,300.00 998,000.00 3.750 3.784 3.837 336 08103/2007 3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 986,520.00 1,000,000.00 4.050 3.993 4.048 388 09/24/2007 3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 990,720.00 1,000,000.00 4.375 4.315 4.375 412 10/18/2007 3136F6M63 01028 Federal National Mtg Assn 04/05/2005 1,000,000.00 992,190.00 1,000,000.00 4.000 3.945 4.000 216 04/05/2007 --- Subtotal and Average 46,426,069.68 45,595,000.00 44,904,070.35 45,587,360.00 3.722 3.774 371 Treasury Coupon Securities 912828DT4 02004 U.S. Treasury 03/14/2006 725,000.00 711,635.66 711,635.66 3.750 4.586 4.650 622 05115/2008 912795Y08 02007 U.S. Treasury 08/01/2006 100,000.00 97,635.08 97,635.08 4.877 9.887 10.024 146 01/25/2007 --- Subtotal and Average 809,270.74 825,000.00 809,270.74 809,270.74 5.226 5.298 565 Federal Agency Bullet Securities 31331 SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 989,060.00 1,000,000.00 3.820 3.768 3.820 273 06101/2007 31331 S5Y5 01037 Federal Farm Credit Bank 09/16/2005 1,000,000.00 991,880.00 1,000,000.00 4.000 3.947 4.002 227 04/16/2007 3133XE2VO 01050 Federal Home Loan Bank 12/29/2005 1,000,000.00 999,380.00 1,000,000.00 4.625 4.562 4.625 28 09/29/2006 Portfolio TEME CP Run Date 10/02/2006-0914 PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments August 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 1,000,000.00 999,380.00 1,000,000.00 4.650 4.586 4.650 28 09/2912006 --- Subtotal and Average 4,000,000.00 4,000,000.00 3,979,700.00 4,000,000.00 4.216 4.274 13. 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 9,861 0813112033 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 10,226 0813112034 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 4,018 09/0112017 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 4,018 09/0112017 --- Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.288 4.348 7,675 Total and Average 187,351,367.83 182,518,343.10 181,706,825.95 182,494,973.84 4.531 4.594 312 Run Date 10/02/2006-0914 Portfolio TEME CP PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Page 6 Portfolio Details - Cash August 31, 2006 Average Purchase Stated YTM VTM 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 SYSRJ NOBLE RJ NOBLE CO Bank of Sacramento 08/07/2006 232,382.78 232,382.78 232,382.78 1.250 1.233 1.250 SYSBARNHART1 BARNHART 1 California Bank & Trust 657,328.86 657,328.86 657,328.86 3.200 3.156 3.200 SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 830,133.89 830,133.89 830,133.89 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 PREMIER BANK PREM IER BAN K PREMIER BANK 08/18/2006 92,571.45 92,571.45 92,571.45 1.280 1.262 1.280 Passbook/Checking Accounts SYSPetty Cash Petty Cash City ofTemecula 07/01/2006 2,210.00 2,210.00 2,210.00 0.000 0.000 SYSFlex Ck Acct Flex Ck Acct Union Bank of California 07/01/2006 13,126.32 13,126.32 13,126.32 0.000 0.000 SYSGen Ck Acct Gen CkAcct Union Bank of California 07/01/2006 -3,336,338.47 -3,336,338.47 -3,336,338.47 0.000 0.000 OLD TOWN CK ACC OLD TOWN CHK Union Bank of California 07/01/2006 40,215.46 40,215.46 40,215.46 0.000 0.000 SYSParking Ck Parking Ck Union Bank of California 07/01/2006 16,102.00 16,102.00 16,102.00 0.000 0.000 Average Balance 0.00 0 Total Cash and Investmentss 187,351,367.83 181,066,075.39 180,254,558.24 181,042,706.13 4.531 4.594 312 Run Date 10/02/2006-0914 Portfolio TEME CP PM (PRF _PM2) SymRept 6.41.202a Cash and Investments Report CITY OF TEMECULA Through August 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 43,350,061.08 140,935.71 980,306.55 11,175,561.81 4,788.06 293,244.77 10.76 9,587,237.32 5,695,940.15 633,197.59 116,169.97 46,546.53 68,014.88 31,311.48 327,523.15 0.00 15,004,083.26 87,645.51 2,957,723.34 5,526,593.24 72,139.72 18,446,384.13 1,781,604.81 40,645,983.28 455,818.14 1,444,676.35 673,692.74 751,295.90 234,521.32 80,826.53 2,012,178.97 7,032.69 4,221,359.99 1,690,176.71 0.00 1,955,006.28 210,047.39 3,650,119.27 575,080.91 5,319,717.95 $ 180,254,558.24 ITEM NO.4 Approvals City Attorney Director of Finance City Manager p.v.<'" /1/2 C(fJ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: October 10, 2006 SUBJECT: Review of City Conflict of I nterest Code RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE BACKGROUND: Government Code Section 87306.5 requires that the Fair Political Practices Commission (FPPC - Code reviewing body) direct each local agency to review its Conflict of Interest Code each even numbered year. If a change were necessitated, an amended Conflict of Interest Code must be submitted to the FPPC. The City Attorney has reviewed the City's Code and has indicated the necessity to amend Exhibit A (Designated City of Temecula Employees and Disclosure Categories) by adding the following positions: Add Cultural Arts Administrator IS Administrator Martin Betz Jessica Ross FISCAL IMPACT: None ATTACHMENTS: Resolution No. 06-_ RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City; Section 2. The City Council of the City of Temecula desires to amend the Conflict of Interest Code to update its provisions; A. The Conflict of Interest Code for the City of Temecula is hereby amended in full to read as set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of October , 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 10th day of October, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk SECTION 7. EXHIBIT A DESIGNATED CITY OF TEMECULA EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participation in the making of decisions which could have a material effect on financial interests: Desicmated Position Disclosure CateQories Assistant City Manager 1 Assistant to the City Manager/HR Director 1 Assistant Finance Director 1 Chief of Police 1 City Clerk/Director of Support Services 1 City Engineer/Director of Public Works 1 Construction Manager 1 Consultantt 1 Cultural Arts Administrator 1 Deputy Building Official 1 Deputy City Manager 1 Director of Building and Safety 1 Director of Community Services 1 Director of Information Systems 1 Deputy Director of Community Services 1 Deputy Director of Public Works 1 Exempt Officials-+ o Fire Chief 1 Fiscal Services Manager 1 GIS Administrator 1 Information Systems Administrator 2 Maintenance Superintendent 1 Principal Engineer 1 Principal Planner 1 Property Agent 1 c.\ WINDOWS\APSDOCWETTEMPI4080\$ASQPDF820593.DOC 10/3/06 Recreation Superintendent 1 Revenue Manager 1 Senior Accountant 1 Senior Building Inspector 1 Senior Debt Analyst 1 Senior Management Analyst 1 Theater Manager 1 Traffic Engineer 1 Senior Planner 1 Members of all City Commissions, Boards, and Committees not otherwise required to file Conflict of Interest Statements t Consultants shall be included in the list of designated employees and shall disclose all of the information required to be disclosed by designated employees subject to the following limitations: The City Manager or his or her designee may determine in writing that a particular consultant, although a designated position, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirement described in this Section. Such written disclosure shall include a description and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. -+ The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, City Treasurer, and Director of Finance are all required to file disclosure statements pursuant to State law and thus are not included herein. c.\ WINDOWS\APSDOCWETTEMPI4080\$ASQPDF820593.DOC 10/3/06 ITEM NO.5 Approvals City Attorney Director of Finance City Manager JM.f'" /1JL ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: October 10, 2006 SUBJECT: Holiday Schedule for City Council Meetings RECOMMENDATION: That the City Council direct the City Clerk to cancel the meeting of December 26, 2006, and to perform the appropriate postings and noticing requirements of the Government Code. BACKGROUND: The second regularly schedule City Council Meeting in Decemberfalls on December 26, 2006. Since this falls during Christmas week, it is suggested that this meeting be cancelled. FISCAL IMPACT: None. ITEM NO.6 Approvals City Attorney Director of Finance City Manager V /1/2 Cf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: October 10, 2006 SUBJECT: Authorize Temporary Partial Street Closures for "Race for the Cure" Event October 15, 2006, in the Promenade Mall area (Margarita Road, Overland Drive, Ynez Road, and Solana Way) PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 15,2006 AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT. BACKGROUND: The Susan G. Komen Breast Cancer Foundation/Temecula Chapter has applied for permission to close portions of public streets in orderto hold the Inland Empire Race for the Cure on Sunday, October 15, 2006, on and around the Promenade Mall area. Coordination for the activities on the Promenade Mall site has been negotiated with the Mall Site Management. A number of sponsors are supporting this event. The directly affected streets, including Ynez Road, Overland Drive, Margarita Road, and Solana Way would require some partial or full closures on the event date. The Mall Ring Road, a private road, will also be partially closed for the event. Provision for traffic movements along the race route and abutting streets have been reviewed and revised to meet traffic concerns along both major traffic routes and neighboring residences and businesses during the proposed event period. The race route begins at the starting line located on the Mall Ring Road near Macy's, proceeds to Promenade Way southerly to Overland Drive, then easterly on Overland Drive with a u-turn at Margarita Road, then westerly again along Overland Drive. The route then proceeds southerly along Ynez Road, easterly and southerly along Motor Car Parkway to Solana Way and then easterly along Solana Way, to Margarita Road. From Solana Way the route proceeds northerly to a u-turn at Winchester Road, returning southerly on Margarita Road to Mall Entrance at North General Kearney Road, westerly to Mall Ring Road to the finish line located in the parking lot adjacent to Edward's Cinema. The following summarizes the extent of street closures. The actual event hours are from 5:00AM to 2:00 PM: Overland Drive - Overland Drive, between Margarita Road and Promenade Way, will be fully closed. Overland Drive, between Promenade Way and Ynez Road, will be partially closed. The two (2) eastbound lanes will be closed for the event. Ynez Road - Ynez Road, between Overland Drive and Motor Car Parkway, will be partially closed. The easternmost northbound lane will be closed for the event. Solana Way- Solana Way, between MotorCar Parkway and Margarita Road, will be partially closed. The northernmost westbound lane will be closed. Margarita Road - Margarita Road, between Solana Way and Overland Drive, will be partially closed. The two (2) southbound lanes will be closed. Margarita Road, between Overland Drive and Winchester Road, will be partially closed. The westernmost northbound lane will be closed for the event. Margarita Road, between Winchester Road and the Mall Entrance Road, will be partially closed. The two (2) southbound lanes will be closed for the event. Mall Entrance Road (Private Street) - The westbound lane of the Mall Entrance Road, the one opposite North General Kearny Road, will be closed for the event. Mall Ring Road (Private Street) - A portion of The Mall Ring Road, between the start and finish lines, will be closed entirely for the event. The traffic control plan shows the limits of closure. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessaryforthe safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve temporary street closures for the Inland Empire "Race for the Cure" Event sponsored by The Susan G. Komen Breast Cancer Foundation/Temecula Chapter. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. The basic racecourse and event schedule is attached hereto. The approved traffic control plans will more effectively allow the movement of traffic in and to the Promenade Mall and other businesses in the adjoining areas, the residential neighborhoods, and the Solana Ridge Apartments. FISCAL IMPACT: Costs for City services have been provided for in the City budget in accordance with the funding agreement with the Inland Empire affiliate of the Susan G. Komen Breast Cancer Foundation. ATTACHMENTS: 1. 2. Resolution No. 2006-_ Race Course Map RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 15, 2006, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; <Ind, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the partial closure of public streets for the Inland Empire Inaugural "Race for the Cure" Event sponsored by The Susan G. Komen Breast Cancer Foundation/Temecula Chapter, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for the Inland Empire Temecula "Race for the Cure" on Sunday, October 15, 2006 from 5:00 AM to 2:00 PM, possibly longer to allow everyone to finish the race: and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the Inland Empire "Race for the Cure" sponsored by The Susan G. Komen Breast Cancer Foundation/Temecula Chapter, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures for the Inland Empire "Race for the Cure" Event on Sunday, October 15, 2006 from 5:00 AM to 2:00 PM, possibly longer to allow everyone to finish the race. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of October, 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 10th day of October, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk '" <c Q.,J:i!: ~.,J::S ~lI.I~a.. ::5g;lI.I.,J eoQ~ ....lI.I"'C~ c;i!:~~ :i!:a::::5o ~oli1o ;:)u..a..i:i: l/)lI.IlI.Iu.. ~i!:~ llll;!" 'IP',l' i 1.1 II!!! li~~ Iii I j III I! Iii :1I1!ljll!I'i III Ii! Ii I! 1;1' i I. !ll" lli I! i II "p' I' I ~! !I,ll ill!! Idlll i!l Ii 111 Ililiil:i !li!!!I'i! I! Iliillil~ll !!I dl!I!!l:ll!!!I!!!llil!g!liilll I ~I: II ! I . ! I ,," ,: I .- .,-;,."/ . , \' 'f I'W Ilil. .,1 lill;! m illl !'~ de . . , I ,I'q Illl, 'I" · I,"1'1, !, I' 'll' !. il,..j ii I ~ ;1; ! : 1I11,11!llli II IIlI I ~,l .... . i ~ l ! !! hl1ii ~ i! i i~ ~ I ~ ~~~ j j j . . ~ ;,. f; · !ij I . ~ J I' , l ITEM NO.7 Approvals City Attorney Director of Finance City Manager ~ /J~ Cf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 10, 2006 SUBJECT: Diaz Road Realignment, Phase II - Project No. PW95-27 - Approval of the Plans and Specifications and Authorization to Solicit Construction Bids PREPARED BY: Amer Attar, Principal Engineer Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council approve the Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Diaz Road Realignment, Phase II, Project No. PW95-27. BACKGROUND: This project was previously advertised for construction bids in September 2005. The lowest bid amount was substantially above the Engineer's Estimate and the project budget. City Council decided to reject all bids and allocate the additional funding in the following fiscal year budget. The purpose of the project is to realign Diaz Road from approximately 1 ,200 feet south of Rancho Way to the intersection of Rancho California Road and Vincent Moraga/Business Park Drive. The work includes constructing this segment of Diaz Road to its ultimate width, including curb, gutter, sidewalk, raised median, landscaping, and removing a traffic signal. Staff has made the appropriate revisions to the plans and specifications and it is ready to be re-bid. The Engineer's Construction Estimate for this project is $2,200,000.00. FISCAL IMPACT: The Diaz Road Realignment, Phase II, Project is a Capital Improvement Project funded through Measure A, Capital Project Reserves, Development Impact Fees - Public Facilities and Development Impact Fees - Street Improvement funds. 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'~ o u " oS -d' " t I () .. ,~ ~ u o '0' k "" " oS " () '" o OJ ~ o Z ITEM NO.8 Approvals City Attorney Director of Finance City Manager JM.~ /)/2 Lj!J CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: October 10, 2006 SUBJECT: Completion and Acceptance for Bridge Fencing at Rancho California Road Overcrossing and Overland Drive Overcrossing at Interstate 15 Project No. PW05-09 PREPARED BY: Greg Butler, Principal Engineer William Becerra, Assistant Engineer RECOMMENDATION: That the City Council: 1. Accept the Project, Bridge Fencing at Rancho California Road Overcrossing Bridge and Overland Drive Overcrossing Bridge at Interstate 15, Project No. PW05-09, 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 May 9,2006, the City Council awarded a construction contract in the amount of $195,727.50 to Alcorn Fence Company for Bridge Fencing at Rancho California Road Overcrossing and Overland Drive Overcrossing at Interstate 15, Project No. PW05-09. The scope of work for this project included the retrofit the southerly side (east bound direction) of each bridge with chain link railing atop the existing concrete barriers. This modification provides additional safety for non-vehicular traffic traveling across the bridges. Future work will involve placement of Architectural treatment along this new fencing material pending design approval by Caltrans. 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: Construction for the Bridge Fencing at Rancho California Road Overcrossing and Overland Drive Overcrossing at Interstate 15, Project No. PW05-09 required no change order work and was completed with a total project cost of $195,727.50. ATTACHMENTS: 1. Contractor's Affidavit and Final Release 2. Maintenance Bond 3. Notice of Completion AUG-16-2006 14:56 ALCORN FENCE 909 685 1641 P.05 CITY OF TEMECULA,PUBLlCWORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PWOS-09 BRIDGE FENCING A T RANCHO CALIFORNIA ROAD OVERCROSS/NG AND OVERLAND DRIVE OVERCROSS/NG ..\, This Is to certify that ALCORN FENCE COMP~herelnafter 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 theCitybfTemecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW05-09, BRIDGE FENCING AT RANCHO CALIFORNIA ROAD OVERCROSSING AND OVERLAND DRIVE OVERCROSSING, situated in the City of Temecula, State of California, more particularly described as follows: BRIDGE FENClNG 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 paymeritof the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute None Pursuant to Public Contract Code 9.7100, 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. 9~18-06 ' By: Dated: Print Name and Tille .t ~.: 'RELEASE R-1 RlClf>J'AOJECTS'I'W051PWIl5.Q9 B>'<Ige FendnglSpoo;\f'Wl)S.Q Specs.doc CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW05-09 BRIDGE FENCING AT RANCHO CALIFORNIA ROAD OVERCROSSING AND OVERLAND DRIVE OVERCROSSING , BOND NO: 104633771-M Premium is included in the Performance Bond KNOW ALL PERSONS BY THESE PRESENT THAT: ALCORN FENCE COMPANY, 9901 GLENOAKS BOULEVARD. SUN VALLEY. CA 91352-1089 NAME AND ADDRESS CONTRACTOR'S a CORPORATION (filt in whether a Corporation, Partnership or individual) , hereinafter called Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 21688 GATEWAY CENTER 'DRIVE, DIAMOND BAR, CA 91765 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of NINETEEN THOUSAND FIVE HUNDRED SEVENTY TWO -------------------------- DOLLARS and 75/100 --------------- CENTS ($ 1 9 <; 7? 7 <; --.. ) in lawful money of the United States, said sum being not less than ten . . (10%) Of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. . THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 9TH day of MAY , 200&6 a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW05- 09, BRIDGE FENCING AT RANCHO CALIFORNIA ROAD OVERCROSSING AND OVERLAND DRIVE OVERCROSSING. . WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defectS in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on _ Aug. 8. 2006 ,2006[6 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying ou.t of the terms of said Contract, or it shall. appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be induded, including reasonable attorney's fees incurred by MAINTENANCE BONO MB.l R:\CIP\PROJECTS\PW05\PW05-09 Bridge Fencing\SpecsIPW05-09 Specs,doc . NOTARY ACKNOWLEDGEMENT State of California County of Orange On September 12.2006 (Date) personally appeared before me, Sandi Ricard (Name/Title - Notary Public) Judith K. Cunningham , Notary cg] personally known to me - OR - 0 - - . SANDI- RICARD I COMM. #1401917 i! OTARY PUBLIC - CALIFORNIA U RIVERSIDE COUNTY III My Carom. Expires Mar. 1, 20071 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 lHs/her/theif authorized capacity(iesj, and that by lHs/her/theif signature( sf on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I::Q:~ (Signature of Notary) OPTIONAL INFORMATION CAPACITY CLAIMED BY SIGNER(S) o INDIVIDUAL o CORPORATE o OFFICER(S)_ (Title) o PARTNERS(S) LIMITED GENERAL IZI ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~STPAUL ~ TRAVELERS Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 215439 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 000538803 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and 81. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John M. Garrett, Steven C. Mosier, Judith K. Cunningham, Denise Bennett, Erika Nicholas, Sandi Ricard, and Charise May of the City of Trvinp , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in. thei~, usj)less of-:guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pe li" .~in aQ.,y<'~lfions oT"n't,oceedings allowed by law. . _ "V' "'~-, - ""-'". ~ ,,,%-.0/ -",,, ,'1"V , h,~' '. .,<", y" ~"" 4, \ rY , # -i~ ~ ' ,...,~ ;'f;.Y ~ .~'\".. ,< " "t;A.'r' IN WITNESS WHEREOF, the ComQanies have caused this instr~~e~ t(tb~_~n~~.' d~Y \ 1 -~~or~te seals to be hereto affixed, this d f June 2006 .. "",:>- ~,)", d) '" ayo ,. \ 7l., 'tv'.,c.. , '<\ - ~. , ,::L! V Farmington Casualty Cl?W~, ,__ Fidelity and Guaranty~~sllra~~~ ~;, q,~l Fidelity and Guaranty Insu~ce'1Jn erwa{er~, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 6'))""'r,~ '8~ ~o,:..~ ~ ~ ~ ~~ State of Connecticut City of Hartford ss. 8th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ,.....;;;s~.9' ';;~~............~1<"<.~ 1!{~t\fORA;i{~\ i ~~~~.~.i.~:lV ~~ By: . 8th June 2006 On thIS the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2006. 58440~9~05 Printed in U.S.A. '\t\w c. j~ '-- Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 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 Alcorn Fence Company, P.O. Box 1249, Sun Valley, CA 91353 to perform the following work of improvement: BRIDGE FENCING at RANCHO CALIFORNIA ROAD OVERCROSSING AND OVERLAND DRIVE OVERCROSSING AT INTERSTATE 15 Project No. PW05-09 4. Said work was completed by said company according to plans and specifications and (0 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 October 10, 2006. That upon said contract the Travelers Casualty and Surety Company 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: Bridge Fencing at Rancho California Road Overcrossing Overland Drive Overcrossing at Interstate 15 Project No. PW05-09 6. The location of said property is: Rancho California Road Overcrossing and Overland Drive Overgrossing at Interstate 15, Temecula, California Dated at Temecula, California, this 10'h day of October, 2006 City of T emecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 10'h day of October, 2006. City of T emecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PW05\PW05-09 Bridge Fencing\Agreement\COMPLETION NOTfCE.doc Form ITEM NO.9 Approvals City Attorney Director of Finance City Manager ~f'"" /1/2 tj!J CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker DATE: October 10, 2006 SUBJECT: Food and Beverage Sales Agreement Between City of Temecula and C & E Concessionary Enterprises, Inc. for the Patricia H. Birdsall Sports Park PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council approve the Food and Beverage Sales Agreement Between City of Temecula and C & E Concessionary Enterprises, Inc. forthe Patricia H. Birdsall Sports Park. BACKGROUND: The construction of the Patricia H. Birdsall Sports Park is nearing completion with a projected opening in December of this year. The sports park includes four lit ball fields, four lit artificial turf soccer fields, four lit basketball courts, restrooms, concession stand, picnic areas and parking. The City released a Request for Qualifications (RFQ) from vendors who would be interested in operating the concession stand at the Sports Park. RFQ were sent to 15 vendors. As the selection process continued, it became apparent C & E Concessionary Enterprises, Inc. was the most qualified firm. Based on an interview process and negotiations, staff is recommending that the City enter into an agreement with C & E Concessionary Enterprises, Inc. to provide concession services at the Patricia H. Birdsall Sports Park. This is an exclusive agreement to provide food and beverages from the concession area. The City reserves the right to contract with other food vendors in areas outside the concession area for special events. The agreement will be in effect until June 30, 2009 with the option of two one year extensions. Hours of operation will be Monday through Friday from 3:30 pm to 9:00 pm and Saturdays from 8:00 am to 7:00 pm. Additional hours may be provided with written approval. The City will receive ten percent (10%) of the gross revenues generated from the sales. Proposed food items include pizza, hamburgers, hot dogs, burritos, chicken tenders, salads, soups and various other snacks. Breakfast items and drinks will also be provided. No alcoholic beverages will be sold. FISCAL IMPACT: Revenue generated will be 10% of the gross sales. Staff estimates approximately $18,000 in revenue each year. ATTACHMENTS: Agreement FOOD AND BEVERAGE SALES AGREEMENT BETWEEN CITY OF TEMECULA AND C&E CONCESSIONARY ENTERPRISES, INC. FOR THE PATRICIA H. BIRDSALL SPORTS PARK THIS AGREEMENT is made and effective as of October 10, 2006, between the City of Temecula, a municipal corporation ("City") and C&E Enterprises, Inc., a California corporation ("Concessionaire"). In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECIT ALS. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge to be true and correct: a. The City has constructed and will operate the Patricia H. Birdsall Sports Park. The Sports Park includes sports fields, picnic facilities and a food concession area. b. The Sports Park is expected to open on or about December 2, 2006. c. City circulated a request for proposal for the food concession at the Sports Park and following receipt and evaluation ofthe responses, selected Concessionaire to provide high quality food and beverage services for the Sports Park Food Concession Area. d. City desires to have a Concessionaire, and Concessionaire desires, to provide for the sale of high quality food and beverages at the Sports Park from the Food Concession Area. 2. Defmitions. As used in this Agreement the following words and phrases shall be defined as follows: a. "City Supplied Equipment" shall mean the equipment provided by the City for the operation ofthe food and beverage sales operation as described in Exhibit B, City Supplied Equipment. b. "Concessionaire Supplied Equipment" shall mean such equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the City Supplied Equipment. c. "Director" shall mean the Director of Community Services ofthe City of Temecula or his or her designee. 1 11086/0001/892183.4 d. "Director of Finance" shall mean the Director of Finance of the City of Temecula or his or her designee. e. "Food Concession Area" shall mean that portion ofthe Sports Park designated as the food concession area which is described and depicted on Exhibit A, Food Concession Area. f "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses. g. "Sports Park" shall mean the Patricia H. Birdsall Sports Park located at 32380 Deer Hollow Way, Temecula, California. h. "TCSD" shall mean the Temecula Community Services District. 3. EXCLUSIVE AGREEMENT FOR FOOD AND BEVERAGE SALES AT FOOD CONCESSION AREA. Concessionaire shall have an exclusive agreement to provide for the sale of high quality food and beverages from the Food Concession Area to patrons ofthe Sports Park and members ofthe public in accordance with the terms ofthis Agreement. The City reserves the right to contract with other food vendors in areas ofthe Sports Park outside ofthe Food Concession Area for special events. The City shall provide notice of each Special Event to the Concessionaire two (2) weeks prior to each Special Event. 4. MAINTENANCE OF EQUIPMENT AND PHYSICAL PLANT OF FOOD CONCESSION AREA a. The City shall provide equipment for the operation ofthe food and beverage sales operation as described in Exhibit B, City Supplied Equipment ("City Equipment"). City shall maintain the City Supplied Equipment in good working order and replace such items ofthe City Supplied Equipment when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement of City Supplied Equipment damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall clean the City Supplied Equipment in accordance with applicable law and standard commercial food handling practices. b. Concessionaire shall provide such equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the City Supplied Equipment ("Concessionaire Supplied Equipment"). At the termination or expiration ofthis Agreement, the City shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. 2 11086/0001/892183.4 c. City shall arrange for and be responsible for the timely payment of electricity, water, gas, security system and exterior pest control for the Food Concession Area. d. Concessionaire shall arrange for and be responsible for all other services within the Food Concession Area necessary and convenient for the sales of food and beverages as required by this Agreement, including, but not limited to, telephone and telecommunications facilities and lines, interior pest control and interior custodial services. Director and Concessionaire may agree in writing upon shared responsibilities and costs for the exterior custodial services. e. All signage for the Concessionaire's food and beverage operation at the Food Concession Area, including sign content, shall be approved in writing by the Director prior to placement. The name ofthe facility shall be "The Clubhouse." 5. FOOD AND BEVERAGE SALES OPERATIONAL REQUIREMENTS. In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: a. Concessionaire shall provide food and beverages at the Food Concession Area during the following hours: (I) Monday through Friday from 3:30 p. m. to 9:00 p.m.; ad (2) Saturdays from 8:00 a.m. to 7:00 p.m. Additional hours shall be provided upon the prior written approval ofthe Concessionaire and the Director. Concessionaire shall not sell beer, wine or other alcoholic beverages as part of its beverage service. b. Prior to commencement ofthe sales from the Food Concession Area and not less than calendar quarter thereafter the Director shall review and, after consulting with Concessionaire, approve the menus and quality of offerings for the Sports Park operations. Concessionaire shall not sell any items from the Food Concession Area without the prior written consent ofthe Director. c. Director shall approve in writing the food and beverage price lists, which approvals shall not be unreasonably withheld. Concessionaire's prices for food and beverages shall not exceed the prices on this approved list. d. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar high quality food and beverage services as are required of Concessionaire in meeting its obligations under this Agreement. e. As ofthe date ofthis Agreement, the Riverside County Health Department is requiring the City to obtain all applicable health permits and licenses as the owner ofthe facility in which the food and beverages services described in this Agreement will be conducted. City shall obtain such permits and license. Concessionaire shall cooperate with the 3 11086/0001/892183.4 City in providing information which might be required to obtain such permits and licenses. Concessionaire shall operate and manage the food and beverage services described in this Agreement in full compliance with the terms of such permits and licenses and with any changes or modifications to said permits and licenses. To the extent the laws, regulations or opinions of the Riverside Health Department may change, Concessionaire shall obtain such permits and licenses as required by applicable laws and regulations. f Concessionaire shall at its own cost and expense procure and keep in force during the term ofthis Agreement all necessary permits and licenses and shall require any subcontractors to have all necessary permits and licenses during the course of the term of the Agreement, including, without limitation: (l) City of Temecula business license; (2) County of Riverside Health Department food handler permits; and (3) California State Board of Equalization sellers permit. g. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment oftaxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which may be levied during the term ofthe Agreement as a result of Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against City's property during the term ofthis Agreement. h. Employees of Concessionaire shall at all times be neatly and cleanly uniformed at no expense to City. The style and colors of uniforms for employees shall be approved by the Director. i. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and service. Concessionaire's employees shall follow all applicable sanitary practices, rules and requirements governing restaurant employees. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the City. The City shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. j. Concessionaire's employees shall not, either by act or language, offend or disturb patrons of normal sensitivity during the course of providing services at the Sports Park. Concessionaire's employees shall not interfere with a program or special event presented at the Sports Park. The Director shall be the sole judge in the determination of such matters. k. To the extent required by law, Concessionaire's employees shall be fingerprinted and undergo the State required background check for working in a public park. L Concessionaire shall provide an adequate number of personnel to properly service and attend to the patrons. 4 11086/0001/892183.4 m. Concessionaire shall respond promptly to all complaints from patrons and shall report to City on each complaint and the resolution thereof If City believes a complaint to be of a serious nature, City shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. n. Not less than once each calendar month during the first year ofthe term ofthis Agreement, the Director and Concessionaire shall meet to discuss the operation of the food and beverage services and the financial viability ofthe operation. o. All promotions with other food vendors or any subcontracts shall be approved in advance and in writing by the Director. p. Concessionaire shall allow City Staff access to the Food Concession area as necessary or convenient to the City to insure compliance with the terms of this Agreement. 6. TERM. a. This Agreement shall commence on October 10, 2006 and shall remain and continue in effect until June 30, 2009, unless sooner terminated or extended pursuant to the provisions of this Agreement. City shall have the right to extend this Agreement for two one (1) year periods with the first beginning on July 1, 2009 and the second beginning on July 1, 2010. City shall exercise its option to extend the Agreement on or before April 1 of the year of expiration. b. Concessionaire shall not be required to provide food and beverage services pursuant to this Agreement until such time as the Director issues a notice to commence sales upon the opening ofthe Sports Park. 7. PAYMENT TO THE CITY. a. Concessionaire shall sell its food and beverages to patrons of the Sports Park and members of the public from the Food Concession Area. City shall not be required to payor otherwise compensate Concessionaire for providing food and beverage services at the Sports Park. b. For the privilege of operating the Food Concession Area pursuant to the terms of this Agreement, Concessionaire shall pay to the City ten percent (10%) ofthe Gross Revenues of the Concessionaire from its sales pursuant to this Agreement. Said sum shall be paid to the City within ten (10) calendar days following the end of each calendar quarterly. c. As used in this Agreement, "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages 5 11086/0001/892183.4 sold pursuant to this Agreement prior to payment of expenses; provided, however, sales taxes pursuant to Section 7200 et seq. ofthe Revenue and Taxation Code shall not be included in Gross Revenues. d. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaire's revenues received in connection with the sales of food and beverages pursuant to this Agreement. The Director of Finance shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration ofthe term ofthis Agreement and any extensions thereof City and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (1) business day's notice. If a City audit uncovers an underreporting of Gross Revenues in the amount of five percent (5%) or more during a one year period, Concessionaire shall pay the City's costs in performing the audit. e. Prior to the commencement ofthe term of this Agreement, Concessionaire shall deposit in a local bank, or savings and loan company having F.D.LC., or F.S.LLC., in favor ofthe City of Temecula, the amount of One Thousand Dollars ($1,000.00). If Concessionaire defaults in payments to the City or any ofthe terms, provisions, covenants and conditions ofthis Agreement, City may use, apply, or retain the whole or any part ofthis security for any payment due to the City of any expenses or payment in default or for any other sum which the City may spend or be required to spend by reason of Concessionaire's default. The security deposit or any balance remaining ofthe security deposit, less any deductions per this subsection, shall be returned to Concessionaire, without interest, within fourteen (14) days ofthe termination or expiration of this Agreement. In the event City uses part or all of the security deposit as provided herein, Concessionaire shall replenish the security deposit in the amount used within ten (10) days of notice from City. City may require, at any time, that the security deposit be increased in proportion to the amount that minimum monthly rent or payment has increased. 8. TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the notice provides otherwise. b. Concessionaire may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the City at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the Director otherwise agrees in writing. 6 11086/0001/892183.4 c. In the event this Agreement is terminated pursuant to this Section, the Concessionaire shall pay to the City the amounts which may be due to the City under this Agreement through the time oftermination. 9. DEFAULT OF CONCESSIONAIRE. a. Concessionaire's failure to comply with the provisions ofthis Agreement shall constitute a default. b. If the Director determines that Concessionaire is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Concessionaire with written notice of the default. Concessionaire 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 Concessionaire fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision ofthis Agreement, to terminate or suspend this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. c. In the event the Director determines that Concessionaire's default poses an immediate risk to the health or safety of patrons of the park, the Food Concession Facility or the public, he may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the Director shall initiate the default procedures set forth in this Section. d. The City and Concessionaire agree that waiver by the City or Concessionaire of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 10. INDEMNIFICATION. Concessionaire agrees to defend, indemnify, protect and hold harmless the City, Temecula Community Services District ("TCSD"), their officers, officials, agents, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City or TCSD 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 Concessionaire's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance ofthis Agreement, excepting only liability arising out ofthe negligence of the City, TCSD, their officers, officials, agents, employees and volunteers. 11. INSURANCE REOUIREMENTS. Concessionaire shall procure and maintain for the duration ofthe contract insurance against claims for injuries to persons or 7 11086/0001/892183.4 damages to property, which may arise from or in connection with the performance of the work hereunder by the Concessionaire, its agents, representatives, or employees. as: a. Minimum Scope of Insurance. Coverage shall be at least as broad (1) (2) (3) b. limits no less than: (1) Insurance Services Office Commercial General Liability form No. CG 0001 11 85 or 88. Insurance Services Office Business Auto Coverage form CA 00 01 0692 covering Automobile Liability, code 1 (any auto). If the Concessionaire owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Concessionaire shall maintain General Liability: $2,000,000 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) Worker's Compensation as required by the State of California; 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 of the Director of Finance, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, TCSD, their officers, officials, agents, employees or volunteers; or the Concessionaire shall procure a bond guaranteeing payment oflosses 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: 11086/0001/892183.4 8 (l) The City, the TCSD, their 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 of the Concessionaire; products and completed operations ofthe Concessionaire; premises owned, occupied or used by the Concessionaire; or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the City, TCSD, their officers, officials, agents, employees or volunteers. (2) For any claims related to this Agreement, the Concessionaire's insurance coverage shall be primary insurance as respects the City, TCSD, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, TCSD, their officers, officials, agents, employees or volunteers shall be excess ofthe Concessionaire's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions ofthe policies including breaches of warranties shall not affect coverage provided to the City, TCSD, their officers, officials, agents, employees or volunteers. (4) The Concessionaire'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 (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current AM. 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. Concessionaire shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Concessionaire's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 9 11086/0001/892183.4 12. INDEPENDENT CONTRACTOR a. Concessionaire 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 Concessionaire shall at all times be under Concessionaire's exclusive direction and controL Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents except as set forth in this Agreement. Concessionaire shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents ofthe City. Concessionaire shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Concessionaire in connection with the performance ofthis Agreement. Except for the rights of Concessionaire as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for City. City shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself informed of all applicable local, State and Federal laws, ordinances, and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. Concessionaire shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable for any failure ofthe Concessionaire to comply with this section. 14. RELEASE OF INFORMATION. a. All information gained by Concessionaire in performance ofthis Agreement shall be considered confidential and shall not be released by Concessionaire without City's prior written authorization. Concessionaire, its officers, employees, agents or subcontractors, shall not without written authorization from the Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any proj ect or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Concessionaire gives City notice of such court order or subpoena. b. Concessionaire shall promptly notify City should Concessionaire, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work 10 11086/0001/892183.4 performed there under or with respect to any project or property located within the City. City retains the right be present at any deposition, hearing or similar proceeding. Concessionaire agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Concessionaire. However, City's right to review any such response does not imply or mean the right or obligation by City to control, direct, or rewrite said response. 15. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Director of Community Services To Concessionaire: C & E Concessionary Enterprises, Inc. 33355 Fox Road Temecula, California 92592 Attention: President 16. ASSIGNMENT. Due to the special services being performed by Concessionaire pursuant to this Agreement, and the importance of providing quality food and beverage services, Concessionaire shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent ofthe Director. 17. GOVERNING LAW; LITIGATION. The City and Concessionaire understand and agree that the laws ofthe State of California shall govern the rights, obligations, duties and liabilities ofthe parties to this Agreement and also govern the interpretation ofthis Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the 11 11086/0001/892183.4 prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee ofthe City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Concessionaire, or Concessionaire's sub-contractors, during his/her tenure or for one year thereafter. The Concessionaire hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business ofthe Concessionaire or Concessionaire's sub-contractors for the services to be provided under this Agreement. Concessionaire further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations ofthe parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems materiaL 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Concessionaire warrants and represents that he or she has the authority to execute this Agreement on behalf of Concessionaire and has the authority to bind Concessionaire to the performance of its obligations hereunder. 21. EXHIBITS. The following Exhibits are attached to this Agreement and incorporated herein as though set forth in full: a. Exhibit A Description of Food Concession Area b. Exhibit B City Supplied Equipment 1/1/ 1/1/ 12 11086/0001/892183.4 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, CMC, City Clerk Approved as to form: Peter M. Thorson, City Attorney 13 11086/0001/892183.4 CONCESSIONAIRE C&E ENTERPRISES, INC., a California corporation By: Name: Title: By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) 14 11086/0001/892183.4 11086/0001/892183.4 EXHIBIT A DESCRIPTION OF FOOD CONCESSION AREA 15 EXHIBIT B CITY SUPPLIED EQUIPMENT 16 11086/0001/892183.4 ITEM NO.1 0 ORDINANCE NO. 06-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.04 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS FOR AUTOMOBILE AND TRUCK DEALERSHIPS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Subsection 17. 04.020.B.4 by deleting the statement at the end of the paragraph in brackets that reads, "(Note: The provisions for Master Temporary Use Permits expire on November 14, 2006 unless extended by the City Council.)." Section 2. The City Council of the City of Temecula hereby amends Subsection 17. 04.020.B.4.b.i as follows: "i. The maximum number of canopies per site is six (6) depending on the lot size." Section 3. The City Council of the City of Temecula hereby amends Subsection 17. 04.020.B.4.c as follows: "c. Banners. i. The maximum number shall be two (2) banners per street frontage. ii. The maximum areas for each banner shall not exceed sixty (60) square feet. iii. The vertical dimension shall not exceed six (6) feet and shall not be located more than eight (8) feet above the ground, unless the banner is attached to the building. iv. Banners shall be mounted to a frame. The frame shall be constructed of attractive permanent materials and shall be constructed so that no additional supports or bracing is required." Section 4. The City Council of the City of Temecula hereby amends Subsection 17. 04.020.B.4.d by replacing the reference to "one (1)" with "three (3)." Section 5. It is the intent of the City Council to keep the provisions of Ordinance No. 05-06 in effect and to not have its provisions expire as provided in Section 9 of Ordinance No. 05-06, except as said provisions may be amended by this or R:lOrdinances 200B/Ordinances 06-12 other ordinances. Therefore, the City Council hereby repeals Section 9 of Ordinance No. 05-06. Section 6. Severabilitv. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 7. Environmental Compliance. The City Council hereby finds that this amendment to the Temecula Municipal Code represents a series of minor changes mostly regulating the implementation of the zoning procedures and requirements. The proposed amendments do not allow additional development to occur or allow for changes to the physical environment. As a result, the adoption of this ordinance is exempt from further environmental review pursuant to Section 15061 (b)(3) of the California Environmental Quality Act, a general rule of CEQA that allows a jurisdiction to determine that a project is exempt from CEQA, if that jurisdiction can determine with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 8. 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 10th day of October, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:lOrdinances 200B/Ordinances 06-12 2 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. 06-12 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 26th day of October, 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 10th day of October, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:lOrdinances 200B/Ordinances 06-12 3 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 11 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT SEPTEMBER 26, 2006 A regular meeting of the City of Temecula Community Services District was called to order at 7:29 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 City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 11 Minutes RECOMMENDATION: 11.1 Approve the minutes of September 12, 2006. MOTION: Director Washington moved to approve the Consent Calendar. Director Edwards seconded the motion and electronic vote reflected unanimous approval. CSD DEPARTMENTAL REPORT 12 Community Services Department Monthlv Report No additional comment. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No additional comment. CSD GENERAL MANAGER'S REPORT No additional comment. CSD BOARD OF DIRECTORS REPORTS No additional comments. R:\Minutes\092606 CSD ADJOURNMENT At 7:29 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, October 10, 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\092606 2 REDEVELOPMENT AGENCY ITEM NO. 12 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY SEPTEMBER 26, 2006 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:29 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 City Clerk Jones. PUBLIC COMMENTS No comments. RDA CONSENT CALENDAR 13 Minutes RECOMMENDATION: 13.1 Approve the minutes of September 12, 2006. 14 Termination of the Winchester Hills Financinq Authoritv RECOMMENDATION: 14.1 That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 06-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA PROVIDING FOR THE TERMINATION OF THE WINCHESTER HILLS FINANCING AUTHORITY 15 Status Update on the Temecula Education Center RECOMMENDATION 15.1 Receive and file Status Update on the Temecula Education Center. MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency Member Roberts seconded the motion and voice vote reflected unanimous approval. R:\Minutes\092606 JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING 16 Joint Public Hearinq of City Council and Redevelopment Aqencv Board to consider the Aqencv's fundinq of Old Town Public Improvements RECOMMENDATION: 16.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 06-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FINANCING OF CERTAIN PUBLIC IMPROVEMENTS IN THE OLD TOWN AREA BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, MAKING FINDINGS THEREON AND APPROVING A COOPERATIVE AGREEMENT WITH THE AGENCY TO IMPLEMENT THE PUBLIC IMPROVEMENTS 16.2 That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 06-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE FINANCING OF CERTAIN PUBLIC IMPROVEMENTS IN THE OLD TOWN AREA BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, MAKING FINDINGS THEREON AND APPROVING A COOPERATIVE AGREEMENT WITH THE CITY OF TEMECULA TO IMPLEMENT THE PUBLIC IMPROVEMENTS City Attorney provided a staff report (of written record). At this time the public hearing was opened and due to no speakers, it was closed. MOTION: Agency Member Washington moved to approve Item No. 16. Agency Member Comerchero seconded the motion and electronic vote reflected unanimous approval. RDA DEPARTMENTAL REPORT 17 Redevelopment Departmental Monthlv Report No additional comment. RDA EXECUTIVE DIRECTOR'S REPORT No additional comment. RDA AGENCY MEMBERS' REPORTS No additional comments. R:\Minutes\092606 2 RDA ADJOURNMENT At 7:33 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, October 10, 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\092606 3 ITEM NO. 13 Approvals City Attorney Director of Finance City Manager V fill Lf CITY OF TEMECULA AGENDA REPORT TO: Executive Director/Agency Member FROM: William G. Hughes, Director of Public Works/City Engineer DATE: October 10, 2006 SUBJECT: Approval of Contract Change Order No.1 and Utility Reimbursement Agreements (Eastern Municipal Water District and Rancho California Water District) for Relocation and Modification of Utilities on Diaz Road between Dendy Parkway and Cherry Street associated with the Temecula Education Center Rough Grading - Project No. PW06-03 PREPARED BY: Greg Butler, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: That the Agency Members: 1. Approve an increase in contingency funds of $2, 154,462.29, which is equal to 68.3% of the base contract amount, and authorize the Executive Director to approve change orders not to exceed the total contingency amount of $2,470,043.29which represents 78.3% of the base contract amount. 2. Approve Contract Change Order No.1 for the Temecula Education Center Rough Grading, Project No. PW06-03 to YeagerSkanska, Inc. inthe amountof2,154,462.29 and authorize the Executive Director to execute the Change Order from the contingency amount authorized. 3. Approve an Advance Reimbursement Agreement with the Eastern Municipal Water District (EMWD) for relocation and modification of their facilities in the amount of $2,367,016.88, which includes funds for the base work ($2,101,832.94), geotechnical observation & testing ($50,000), and a 10% contingency ($215,183.94) and authorize the Executive Director to execute the Agreement. 4. Approve a Reimbursement Agreement in the amount of $52,629.35 with the Rancho California Water District (RCWD), and authorize the Executive Director to execute the Agreement. 5. Approve an additional appropriation of $729,351.23 ($1 ,690,295.00 was appropriated in FY06-07 Budget) for the Temecula Education Center Rough Grading Project No. PW 06-03 from Advance Reimbursement from EMWD and Reimbursement from RCWD, respectively. 6. Establish estimated revenues forthe Temecula Rough Grading Project No. PW 06- 03 in the amount of$2,367,016.88 and $52,629.35 ($2,419,646.23total of which $1 ,690,295.00 was appropriated in the FY06-07 Budget) for Advance Reimbursement from EMWD for Reimbursement from RCWD, respectively. 7. Authorize the granting of an easement, through approval process for the Education Center Parcel Map, to EMWD for relocation of their 36" sewer line within City property that will be conveyed to Riverside County Flood Control for the future Murrieta Creek Flood Control Project. BACKGROUND: This project involved the removal and compaction of approximately 115,000 cubic yards of on-site soils, importing and compacting of roughly 660,000 cubic yards of earth to bring the site to grade, as well as the importing and placing nearly 330,000 cubic yards of surcharge material over one half of the site to initiate consolidation of the underlying soils. On April 11, 2006, the Agency Board approved a construction contract with Yeager Skanska, Inc. in the amount of $3,155,810 and authorized a contingency in the amount of $315,581, 10% of the contract amount, for a total authorization of $3,471 ,391. The grading work under this contract, except Diaz Road, was completed in July of 2006. Rough grading of Diaz Road between Dendy Parkway and Cherry Street has been delayed by the need to relocate and modify the existing utilities within Diaz Road to withstand the increased overburden stresses on the facilities and address the potential for differential settlement. The EMWD work involves the relocation of a 36 inch sewer approximately 25 feet to the east and replacing the existing material with a stronger material. The alignment of this relocation is proposed within a portion of land currently owned by the City which is planned to be conveyed to Riverside County Flood Control for the future Murrieta Creek Flood Control Project and will be used, on the surface, for maintenance access to sewer and flood control improvements. EMWD has requested an easement (roughly 656.79 feet by 15.00 feet - see attached) for this relocation. Staff has met with the Army Corps, Riverside County Flood Control and they have no issue with the City granting this easement as they have determined that it will not interfere with the Flood Control Project. Additionally, a 36 inch EMWD reclaimed water line will be improved by adding Flex-Tend connections that will allow for any differential settlement of the water line caused the weak underlying soils. These EMWD relocation and modifications are major undertaking as these lines feed EMWD's entire Temecula waste treatment plant, the lines can not be deactivated for very long, and they are both 20 feet below the existing surface elevation of Diaz Road. RCWD work involves the removal of a small segment of an existing sewer line, relocations of existing air vacuum/releases and fire hydrants, and adjustment of the manholes and water valves to grade. Some of the RCWD relocations, abandonment's, and adjustments costs shall be borne by the RDA as part the rough grading project because the work occurs outside of the established City rights of way (e.g., Diaz Road). In the interest of completing these improvements in a timely manner, avoiding delays, and achieving a cost savings versus bidding this work as an entirely new project. Staff requested a cost proposal (attached) for the aforementioned work from Yeager Skanska, Inc. (Yeager). Yeager, the existing Contractor on the rough grading project, have proven to be a very capable and competent Contractor. The distribution of costs is as follows: Organization Temecula RDA RCWD EMWD Total Cost of Utility Work Less RDA Cost (paid within an existing bid item) Amount $ 41,682.81 $ 52,629.35 $ 2.101.832.94 $ 2,196,145.10 ($ 41.682.81) Total Cost Contract Change Order No.1 $2,154,462.29 The costs have been reviewed by RDA Staff, RCWD and EMWD and found to be reasonable. EMWD and RCWD have allocated the necessary funds and are prepared to move forward with the work. The utility modification costs to be paid by the Redevelopment Agency, as part of this project, was anticipated and accounted for as part of the bid ($50,000) and therefor it is not shown in the total cost for Change Order No. 1 but will be paid out of original contract. RCWD costs will be reimbursed as outlined in the attached Reimbursement Agreement. EMWD costs with be reimbursed, in advance, as outlined in the attached Advance Reimbursement Agreement, and includes the cost shown in Change Order No. 1 of $2,101,832.94 as well as $50,000 for geotechnical observation and testing through our geotechnical consultant for the Education Center and a 10 percent contingency of $215,183.94 ($2,367,016.88 total advance reimbursement). It may be necessary to amend, at a later date, the existing contract with our geotechnical consultant (Leighton Consulting) to provide these additional services for EMWD. The utility modification work and remaining portions of the work in the original contract will begin on October 16, 2006, and based on the 100 allowable working days that the Agency and Contractor have agreed upon, the anticipated completion date is March 13,2007 (4-1/2 months). FISCAL IMPACT: The current appropriation of funds for this capital improvement project is $5,690,295.00. The account includes $3,000,000, of Redevelopment Agency low and moderate income set aside funds budgeted for affordable "for rent" units to be established as part of the Education Center, and $730,000 in funds to be reimbursed by the Developer and $270,000 of funds from RCWD as reimbursement for removal of soil from their property. The DA requires that the developer, AGK, construct the affordable housing units thereby ultimately ensuring that these funds be used for affordable housing. As described above, additional revenue totaling $729,351.23 is needed to fully fund the project as $1 ,690,295.00 was anticipated during the FY 06/07 Budget. The advance reimbursement from EMWD ($2,367,016.88) and reimbursement from RCWD ($52,629.35) comprise the revenue anticipated in the FY 06/07 budget of $1 ,690,295.00 and the additional appropriation of $729,351.23 for a total from the two reimbursements of $2,419,646.23. The exact appropriations are shown in detail below as well as the detail of the available revenue for the project. With the additional appropriations shown below, sufficient funds will be available for the project. Appropriation Detail Account No. PerCIP Less Account Additional Adjusted 165-199-835- FY 06/07 FY 05-06 Transfers Appropriation Appropriation Appropriation Actual 5801 Admin $ 100,000.00 $ 13,338.00 $ 75,000.00 $ 0.00 $ 161,662.00 5802 Desiqn $ 225,295.00 $ 0.00 $ (225,295.00) $ 0.00 $ 0.00 5804 Const. $5,015,000.00 $ 2,756,553.00 $ 82,995.00 $ 729,351.23 $3,070,793.23 5805Const.Enq $ 350,000.00 $ 101,913.00 $ 67,300.00 $ 0.00 $ 315,387.00 Totals $5,690,295.00 $ 2,871,804.00 $ 0.00 $ 729,351.23 $3,547,842.23 Available Revenue Detail Actual Additional I Total Revenue/ Current Additional Revenues Revenues Appropriation Appropriation Appropriation Redevelopment $3,000,000.00 $ 0.00 $3,000,000.00 $3,000,000.00 $ 0.00 Agency - Housinq Developer $ 730,000.00 $ 0.00 $ 730,000.00 $ 730,000.00 $ 0.00 Reimbursables RCWD $ 270,000.00 $ 0.00 $ 270,000.00 $ 270,000.00 $ 0.00 Reimbursement - soil removal RCWD $ 0.00 $52,629.35 $ 52,629.35 $ 0.00 $ 52,629.35 Reimbursement -Facility Modifications EMWD $ 1,690,295.00 $676,721.88 $2,367,016.88 $1,690,295.00 $676,721.88 Advance Reimbursement - Facility Modifications Totals $5,690,295.00 $729,351.23 $6,419,646.23 $5,690,295.00 $729,351.23 ATTACHMENTS: 1. Contract Change Order No.1 2. EMWD Advance Reimbursement Agreement 3. RCWD Reimbursement Agreement 4. Proposed EMWD utility easement 5. Cost Proposal Dated 9-8-06 by Yeager Skanska CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 01 CONTRACT NO. PW06-03 Page 1 of 2 PROJECT: Temecula Education Center RoiJah Gradina TO cONTRACTOR: Yeaaer Skanska. Inc. NOTE: This chanae order is not effective until approved bv the City Manaaer. CHANGE ORDER REQUESTED BY: Engineer 1.1 DESCRIPTION OF WORK: Furnish, install and/or modify utility (e.g., sewer and water) relocations, modifications and adjustments as more particularly described in the cost proposal, on file with the project and dated September 8,2006 as revised to eliminate item B16. All work shall be performed in accordance with Eastern Municipal Water District (EMWD), Rancho California Water District and City of Temecula, and professional industry standards, the plans and the contract documents for PW06- 03. By accepting this compensation the Contractor agrees to release all further delay or extended overhead or general condition claims against the City, EMWD and RCWD caused by delays in starting work on these utility modifications, and rough.grading of Diaz Road up to the new agreed to starting date below. October 16,2006, shall be considered, agreed to by both the City and Contractor, as the first day of work to complete all work under Contract Change Order No. 1 and any remaining items of work under the original construction contract (e.g., rough grading of Diaz Road) and four and one-half months (100 working days) shall be established as the allowable working days to complete this work. City and Contractor agree to increase the allowable working days on the contract by 46, to address the time period between when original contract allowable working days ended (8-08-06) and the new established starting date of 10-16-06 begins. Method of Payment: Agreed Lump Sum Price (subcontractor: W.A. Rasic Construction) ...................... $ 1,982.282.00 Prime Contractor Mark-Up (10% x $5,000 and 5% of $1 ,977,282) ........................ $ 99,364.10 Prime Contractor Support Work ............................................................................... $ 94,499.00 Less - Bid Item NO.3 - Utility Relocation Allowance................................................ ($ 41,682.81) Prime Contractor Bond ............................................................................................ $ 20,000.00 Total Cost of Extra Work $ 2,154,462.29 . Total Item 1.1 .......................................................................................................... $ 2,154,462.29 Adjustment to working days: 46 Working Days from 8-08-06 to 10-16-06 and 100 Working Days (146 Working Days Total - new ending date of March 13, 2007) for work under Contract Change Order NO.1 and for the remaining portions of the original contract. The agreed lump sum price constitutes full compensation, including mark-ups for the work described above and no additional compensation will be allowed therefor. CCO 1- TOTAL INCREASE.............................................. $ 2,154,462.29 R\CfP\PROJECTS\PW06\PW06-03 TEe Grading\CC0\2006 TBD CCO#1.doc CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 01 CONTRACT NO. PW06-03 Page 2 of 2 Original Contract Amount.......................................................................................... $ 3,155,810.00 This Change. ............................................................................................................ $ 2,145.462.29 Previously Approved Changes ................................................................................. $ 0.00 Total Adjusted Contract Amount............................................................................... $ 5,310,272.29 Adjustment to Working Days ............................................................................................. 146 days Prepared by: Date City of Temecula - David McBride Senior Engineer Submitted by: Date: City of Temecula - G.J. Butler, P.E. Principal Engineer Approved: (as authorized by the Executive Director) Date: City of Temecula - William G. Hughes, P.E. Director of Public Works/City Engineer 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 forthe work specified above, and will accept as full payment the prices listed above. Accepted: Date: Contractor: Yeager Skanska, Inc. Company name By; Title: Signature Name: Printed 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\PW06\PW06-D3 TEe Grading\CC0\2006 TBD CCO#1.doc DIAZ ROAD BETWEEN DENDY PARKWAY AND CHERRY STREET . PROJECT NO. PW06"03 ADVANCE REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA REDEVELOPMENT AGENCY AND EASTERN MUNICIPAL WATER DISTRICT THIS AGREEMENT is made and entered into as of October 10, 2006, between the CITY OF TEMECULA REDEVELOPMENT AGENCY, a municipal corporation (hereinafter referred to as "AGENCY") and Eastern Municipal Water District, a public agency organized and existing purSuant to Division 20 of the California Water Code (hereinafter referred to as "EMWD"). In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to establish an advance reimbursement to AGENCY by EMWD for the cost of the relocation of EMWD sewer improvements and EMWD reclaimed water modifications (together hereinafter referred to as "EMWD WORK" made necessary by the raising of Diaz Road between Dendy Parkway and Cherry Street that is a portion of the work entitled the Temecula Education Center Rough Grading, Project No. PW06-03 (hereinafter referred to as "PROJECT"). Section II. ACKNOWLEDGEMENTS. The AGENCY and EMWD acknowledge that: 1. EMWD has reviewed the plans and specifications under which the PROJECT is being carried out, and; 2. EMWD has provided a design and specifications for the EMWD WORK consistent with the PROJECT, and; 3. Costs for the EMWD WORK are based on an extra work bid provided by the AGENCY's contractor Yeager Skanska (hereinafter referred to as "CONTRACTOR"), the lowest responsible bidder on the PROJECT and a professional service quote by AGENCY's geotechnical consultant Leighton Consulting, Inc. (hereinafter referred to as "CONSULT ANT"), the geotechnical firm deemed most qualified to undertake the work based on the responses to a request for proposal (RFP) number 143 for the PROJECT, and; 4. AGENCY and EMWD have evaluated and analyzed the extra work bid for the EMWD WORK received from CONTRACTOR and professional services expenses provided by CONSULTANT and concurred that costs are reasonable and appropriate. 5. AGENCY agrees to convey a grant of easement to EMWD (roughly 15 feet by 656.79 feet) from the centerline of Dendy Parkway to the northwest, provided the U.S. Army Corps and the Riverside Flood Control District agree that the easement does not interfere with the future Murrieta Creek Flood Control Project and that it does not interfere with pre-existing easements. 6. AGENCY agrees to undertake rough grade an access road (fill) overthe relocated sewer provided that EMWD provides a plan for the work and that the proposed rough grading does not adversely impact the Agency property, pre-existing utilities, Agency (City of Temecula) rights of way or the future Murrieta Flood Control Project. R\CIP\PROJECTS\PW06\PWOO-Qa TEe Grading\Agreements\20060816 EMWD ReimAgmtR1.doc Section II. AMOUNT TO BE ADVANCED. EMWD shall provide advance reimbursement to the AGENCY equivalent to one hundred percent (100%) of the costs plus 10% of the costs to establish a contingency for costs extra/unforeseen work, e.g change orders (hereinafter referred to as the "INITIAL ADVANCE REIMBURSEMENT"). The INITIAL ADVANCE REIMBURSEMENT may be in the form of an escrow account, to be approved in advance by the Agency Attorney, whereby the AGENCY can draw periodic payments for work undertaken and EMWD shall accrue interest on the funds held. In the event the costs of any extra/unforeseen work, as approved by EMWD, exceed the INITIAL ADVANCE REIMBURSEMENT, EMWD shall remit adequate funds to cover the costs of the extra/unforeseen work (ADDITIONAL ADVANCE REIMBURSEMENTS) to the AGENCY or approved escrow account within thirty (30) calendar days of EMWD's approval of the extra/unforeseen work. The INITIAL ADVANCE REIMBURSEMENT amount is determined as follows: A. Construction Items Amount 1 Relocate 36" Sewer & Modify Reclaimed Water & Bond $ 1,895,118.03 2 General Contractor Support Work, Grading, Markup, Re-mobilization & Bond $ 206.714.91 Subtotal Construction Items $ 2,101,832.94 B. Professional Service Items Amount 1 Geotechnical Observation & Testing $ 50.000.00 Subtotal 10% Contingency $ 2,151,832.94 $ 215.183.94 $ 2,367,016.88 Total Any funds advanced by EMWD to the AGENCY and not used for costs of the EMWD WORK or any EMWD approved extra/unforeseen work will be returned to EMWD with a full and detailed accounting of the use of the funds within thirty (30) calendar days after completion and acceptance of the PROJECT. Section III. ADDITIONAL EMWD WORK. The AGENCY shall obtain approval from EMWD prior authorizing the CONTRACTOR to proceed on any change orders that will increase the cost of the EMWD WORK, unless failure to act immediately may affect public safety. EMWD shall respond to EMWD WORK change orders within three business days. The cost of any delay in the work due to the delayed action of EMWD in approving change orders associated with the EMWD WORK shall be borne by EMWD. Section IV. CONTROL OF THE WORK. Management and administration of the terms expressed herein shall be performed by AGENCY for the EMWD WORK and the PROJECT. AGENCY agrees to designate David McBride, Senior Engineer, Capital Projects, as the contact for AGENCY in regards to this agreement. EMWD agrees to designate Mr. Jalal Ahmadpour, Civil Engineer, as a point of contact for EMWD to facilitate the reimbursements identified herein. Section V. INSPECTION. EMWD shall be responsible to inspect the EMWD WORK performed by CONTRACTOR for compliance with EMWD standards. EMWD's inspection 2 R:\CIP\PROJECTS\PW06\PW06-03 TEG Grading\Agreemenls\20060816 EMWD ReimAgmtR1.doc personnel shall have the authority to require that any and all unacceptable materials, workmanship and/or installation be replaced, rep.aired or corrected by the CONTRACTOR without cost to EMWD or the AGENCY. All inspection costs incurred by EMWD will be solely financed by EMWD and shall be at no cost to the AGENCY. Section VI. INDEMNIFICATION. EMWD and AGENCY each hereby agree to indemnify, defend, save and hold harmless the other party and their respective officers, agents, servants and employees, of and from any liabilities, claims, demands, suits, action and cause of action arising out of or in any manner connected with any act or omission of such indemnifying party, performed in connection with such party's duties and obligations hereunder. Section VII. INSURANCE. For the period during which AGENCY or its contractor(s) controls the job site, AGENCY will provide, or cause to be provided, for the entire period of construction, a policy of worker's compensation insurance and comprehensive general liability insurance with coverage broad enough to include the contractual obligation it may have under the construction contract and having a combined single limit of liability in the amount of $2,000,000 covering EMWD's officers, employees and agents as additional insureds. Section VIII. NOTICES. All notices under this Agreement shall be sent as follows: EMWD: Eastern Municipal Water District P.O. Box 8300 Perris, CA 92572-8300 Attn: Jay Ahmadpour, Civil Engineer CITY: City of T emecula Redevelopment Agency P.O. Box 90:33 . Temecula, CA 92589-9033 Attn: David McBride, Senior Engineer, Capital Projects Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. 3 R\CIP\PROJECTS\PW06\PW06-03 TEG Grading\Agreements\20060816 EMWD ReimAgmtR1.doc . This Agreement is dated as of the date set forth above. District: EASTERN MUNICIPAL WATER DISTRICT By: Anthony J. Pack, General Manager ATTEST: By: Rosemary V. Howell, Board Secretary City: CITY OF TEMECULA REDEVELOPMENT AGENCY By: Shawn D. Nelson, Executive Director By: Peter M. Thorson, Agency Attorney ATTEST: Susan W. Jones, CMC, Agency Secretary 4 R:\CIP\PROJECTS\PW06\PW06-03 TEG Grading\Agreements\20060816 EMWD ReirnAgmlR1.doc TEMECULA EDUCATION CENTER ROUGH GRADING PROJECT NO. PW06-03 REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA REDEVELOPMENT AGENCY AND RANCHO CALIFORNIA WATER DISTRICT PROJECT NO. D1375 (DIAZ ROAD & CHERRY STREET FACILITY RELOCATIONS) THIS AGREEMENT is made and entered into as of October 10, 2006, between the CITY OF TEMECULA REDEVELOPMENT AGENCY, a municipal corporation, hereinafter referred to as "AGENCY" and Rancho California Water District, a California Water District and existing and operating under Division 13 of the California Water Code, hereinafter referred to as "RCWD". In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to establish reimbursement to AGENCY by RCWD for the cost of the relocation and/or adjustment of certain sewer and water improvements made necessary by the rough grading of Diaz Road between Dendy Parkway and Cherry Street, Project No. PW06-03, hereinafter referred to as "PROJECT". Section II. RCWD shall reimburse AGENCY for one hundred percent (100%) ofthe costs (hereinafter referred to as "REIMBURSEMENT"), for the relocation and/or adjustment of certain sewer and water improvements within the PROJECT area that are affected by the PROJECT less the cost .of work completed by RCWD. for Agency. The summary of costs for the REIMBURSEMENT to AGENCY by RCWD are as follows: A. Improvement/Cost Item Construction (Relocation and/or Adiustment) Sewer Improvements Water Improvements Less RCWD Work for Aqencv Subtotal of RCWD Reimbursable Construction Cost Amount Proportional Share of Bonds, Overhead & Mark-Up Total RCWD Reimbursable Costs $ 11,405.00 $ 48,075.00 ($ 11.422.15) $ 48,057.85 $ 4.571.50 $ 52,629.35 Section III. Costs are based on construction extra work bid proposal (dated September 8, 2006) provided by the AGENCY's contractor Yeager Skanska (hereinafter referred to as "CONTRACTOR"), the lowest responsible bidder on the PROJECT. RCWD has reviewed the bid proposal by the CONTRACTOR and concur that the costs are reasonable and appropriate. Agency recommends that RCWD maintain as a contingency an amount equal to twenty percent (20%) of the total estimated costs of constructing the sewer and water facilities to account for unforeseen changes to the work. The AGENCY shall obtain approval from RCWD prior to the approval of any change orders associated with the removal of these facilities, and authorizing the R\CIP\PROJECTS\PW06\PWOS-Q3 TEe Grading\Agreemenls\20060927 RCWD reimbursement agr.doc contractor to proceed unless failure to act immediately may affect public safety. The cost of any delay in the work due to the delayed -action of RCWD in approving change orders associated with the removal shall be borne by RCWD. RCWD shall respond to sewer and water facility change orders within three business days. AGENCY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified and billed to RCWD for payment on the following basis: A. The AGENCY shall invoice RCWD on a monthly basis for all RCWD facilities completed by the CONTRACTOR. RCWD shall remit payment to the AGENCY within twenty-five days of receipt of invoice. Section IV. It is acknowledged that RCWD has reviewed and approved all CITY plans and specifications for the relocation and/or adjustment of the sewer and water facility improvements and has determined that the extra work bid proposal is reasonable. Management and administration of the terms expressed herein shall be performed by AGENCY for the PROJECT. AGENCY agrees to designate Mr. David McBride, Senior Engineer, Capital Projects, as the contact for AGNECY in regards to this agreement. RCWD agrees to designate Mr. Andrew Webster, Planning and Capital Projects Manager, as a point of contact for RCWD to facilitate the reimbursements identified herein. Section V. INSPECTION RCWD shall provide and pay for inspection of all RCWD sewer and water f<lcilities related to the PROJECT. Section VI. NOTICES All notices under this Agreement shall be sent as follows: Rancho California Water District 42135 Winchester Road - Temecula, CA 92590 Attn: Andrew Webster, Planning and Capital Projects Manager City of Temecula Redevelopment Agency P.O. Box 9033 Temecula, CA 92589-9033 Attn: David McBride, Senior Engineer, Capital Projects Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. RCWD: AGENCY: R\CIP\PROJECTS\PW06\PW06-Q3 TEe Grading\Agreements\20060927 RCWD reimbursement agr.doc 2 This Agreement is dated as of the date set forth above. District: RANCHO CALIFORNIA WATER DISTRICT By: Edward P. Lemons, Director of Engineering Agency: CITY OF TEMECULA REDEVELOPMENT AGENCY By: Shawn Nelson, Executive Director By: Peter M. Thorson, Agency Attorney ATTEST: Susan W. Jones, MMC, Agency Secretary R:\CIP\PROJECTS\PW06\PW06-03 TEe Grading\Agreements\20060927 RCWD reimQursement agr,doc 3 EXHIBIT "A" EASTERN MUNICIPAL WATER DISTRICT SEWER EASEMENT C.O. 66885 APN: 909-120-0.19 GRANTOR: CITY OF TEMECULA, A MUNICIPAL CORPORATION LEGAL DESCRIPTION IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1 OF PARCEL MAP 4646 AS SHOWN BY MAP ON FILE IN BOOK 6 OF PARCEL MAPS, PAGE 75, RECORDS OF SAID RIVERSIDE COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTEASTERL Y LINE OF SAID PARCEL 1 WITH THE NORTHEASTERLY LINE OF DIAZ ROAD, 100 FEET WIDE, AS SAID INTERSECTION IS SHOWN ON SAID PARCEL MAP; THENCE NORTH 460 01' 14" WEST ALONG SAID NORTHEASTERLY LINE OF DIAZ ROAD A DISTANCE OF 641.73 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 4,180.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AND NORTHEASTERLY LINE OF DIAZ ROAD THROUGH A CENTRAL ANGLE OF 00012' 26"AN ARC DISTANCE OF 15.12 FEET; THENCE RADIAL TO SAID CURVE NORTH 440 11'12" EASTA DISTANCE OF 14.97 FEET; THENCE SOUTH 460 01' 14" EAST A DISTANCE OF 656.79 FEET TO THE AFORESAID SOUTHEASTERLY LINE OF PARCEL 1; THENCE SOUTH 430 58' 46" WEST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.23 ACRES, MORE OR LESS. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. JAMES S. BUTLER, L,S. 4282 EXPIRATION DATE: 6/30108 DATE: Page 1 of! z ~ p ~ ~ L ~ ~. ~;! al "Il 50' <B2 ~ "''''- ~ ;;j!!lz :;0 r:::oo ~ z , '" ~ ~ ijli\;! sa _Z 0 ~~ iii ~:t; 1111 II ~ -",'" !:l .....flo.O ~ " 0 'I.::: ~oo~ ~ " "'lii 0 "'"tJ:;! ~ A , !2!0 " 00 ~ ~qt.!. )lO ~ Oolo I "\ '" " ~ if" 1Il <7 '" 0> " C:O"TI IT! . 0> . '" )> ~z;;l III 5? q . zg :;0 . .. - ",00:: 0 " 6 OJ- z :;0 1;1 . o~ " ","'", 'jj , g~2 n N -:. III ~ ;i 0 t... ~ €lo~ 0 r,;. . ol!il !Jll!lo z ~ "tJ;! 0 " ~c L '. ~ !alii ~~ '< " ~ :0-0 ~~ , '. ~ 1<~ "'. ~ . "'- 0'" . < -::t'" l!l;;j - lS' ~ !>';! ~~ I , ~ ~ ~ ",'" "', -0 ~ ~ <0 ..!'l ~ '... 0 , ~~ 5 E~ . <~ / ;;0 ~~ ~ '" . . f;l -l li is ilk "tJ 0 '0 I) 51 oz i<.. '" ,~ .'" )> Z !<I t ~g .' 0 . , ?t<j ~ ~ I .. -0 I 0 !>'('3 I ....> t:a::: -0 ~ '" Z )> z ;~ ~ ;; t::J ... , -0 ;;0 lil ~ 0 ...... '. CD "i > , s: JTl m '. 0 c N r .., ... '" CD >< z .< .. ~ ~ z OJ Ul I m ~ :z: ~ OJ ~ ... 0 !'1 OJ ", t<j ~" Ii 9 , ' N"-J-o - ~ i ~ ~~~ ~:~ ~ ;] II >~~g . ' rol 0 (Jl )> ~ ~ n 01 ~ B<H~ 01 I ;;0 - ~I~ z ~ 1'1 L* , , ::0 0 0 -t z~ ill " r ~ " ~ JTl . CD . a ~ ~Ii "J 0> ':' r II ~2 z :!: ... ~ '. t<j . i!~ e z '" " s: . ~. ...,,"" "'. ,'" 0> > )> 0> I , '0> Ul -0 ~ ~ ~ .... '" t<j ~ -'-. "! 0 0 ::0 a::: . . '" " -i'> 0 , t<j m E; " 2: -i'> .~ ri~ ill '," . , >-3 m '" I i!I:"lJl ~ ... " , . ~l" '" " !i';! c I '. '" s~ , g ~ c '. z c '," > !a ~-Q ~ i~ .e,,,, " 8r ~ . ~:;! ;g~ I l" . ..0 'ilo ~ c " '. 1'''' ~~ h~ ~ :;; ... ~~ ~ ~:. ~~ i< ~ I ... ~2 0:: '" ..... ~~ !2! ... !l ... !a :< "tJ a E .. DENDY ~ .... S.E.'L Y. LINE PARCEL 17 ~ ... , " -% ./ ~ -0 I "tJ PARKWAY 0 s: -0 !:o -'" )> O>~ ;;0 '" q g ~ bt.! '" 193/64-67 00> m P.M. -'" I~ g: 50' .,:: "N 0> " ~ "-J I ~ " ~ I (Jl I~ 09/12/2006 13:45 7608910659 PAGE 01/09 ____ ...-JII_ . /~ Yeager SKANSKA Yeager Skanska Inc. 1995""" M.... Rood RivooIid9. OA g2tiO!J Phono: 100.343.547:2 ~ax:: 7ti1l.343.1315 Bid F<oc ~1.TS82449 Web:~'llRAn~k::sn~,lf;Om September 8,2006 . City OfTemecu1a P.O. BOX 9033 Tem.ecula, Ca. 92589-9()33 TEMECULAEDUCATION CENTER . <; ~e.s Attention; David McBride Attach<<! for your review and comment is the revised cost breakdown for the utility work that has been requested by Rancho California Water District and EMWD. Listed below is a summary of the attached cOsts. In additioD, any Contract Change Order that is written needs to contain language ad<iressing . . protection of existing work, working day exteIlsions,and maintenance of SWPPP BMPs. . For PUIpOse8 of this work we are excluding SWPPP unless better defined. This proposal includes the grading for. the IS' access road East of the Existing Diaz Rd. for EMWD access. All work: is to . be done based on pl."evalling wage labor rates. We are also requesting direction on the handling of the Gas Line for the over excaVation pornon of the work remaining. .. Subcontract Bid 10% Markup on first $5,000.00 5% Markup on Ren.1aining $OO,1l61.99 !.D 9&,,""4. - Additional Cost $94.499.00 Bond Total $20,000.00 $2,217,m_99 . ~/i~b) ,...~..!.!.. . Sincerely, Michae Spain Project Superintendent 09/12/2006 13:45 7608910659 Additional COSls "'* Fence RenIaI $ 1,799.00 Water Usage Fee $ 100.00 water Capacity Fee $ 100.00 Buy Water $ 1,000.00 "* Re-MobilI.z.ation $ 37,6OQ.00 Frieght for 12 ea. Pieces of Heavy Equlpl11etd R~U ConstruetionWater FlIellIIies Re-&tabIish Heavy Equipment Support Facllities Use Offs!e Fuel Oil and Grease ServIc~ Subc;ontraot Support Wolk .$ 42,000.00 MaIntain Sooo<< A<<.e$9 Remov$ and Relocate Silt Fence AdmlnIsfralive Service SupenIieion Senilce Equipment Standby For Phasing *' EMWO ~Awess Rd. $ 12.000.00 Spoil Removal, OItetexcavation ReCOlllpO.<:tkm. Bottom Prooesslng Fill Compacted to 95% TolaI $ 94,49$.00 : '* \0~ e.~\lI.n::> c::cs.T'<::'t:::>5\..A~") REMI:l.W\\tO - 'D\S~l\!WT'E. .B\I V^WJE oF. \N~K. PAGE 09/09 09/12/200613:45 7608910659 09/07/06 THll 13:02 FAX 562 928 7339 lI' A R.\.S I C CONSTRUCTION PAGE 02/09 l(!JOOl 7314 Scout Avenue BeR Gardens, Ca 90201 'Phone: (562) 928-0111 Fax: (562) 928-7339 WlNW.watas1c.com w. A. OMIt; ~ONSI'IllJCI'ION GENERAL MGll'IEEIIIl'fG (:'Ol'ITII&cron Facsindle Ower Shed Pages (incJ. cover): 7 liard CQpy to FoDo"lt: Yes 0 '. . NoD Upon Request D To: Mike Spain . Company: Yeager Skansl<a From: Jayson lau Subject: Diaz Rd s~ & Water RelocatiOf\$ . Fax: 760-328-S599 Date: 9mOO Mike, . Attached is our Revision #3 Proposal for the OiaZ Rd Sewer & Water Relocations project. . Changes to our terms and conditions from our Proposal of 812.5100 are underlihed. We have . included the cost d insuraooes & bond (to be issued orI.y one time) per EMWD. requirements. Once the administrative tasks (submittals. contractS. permits, material procurement, etc) are . completed, we anticipateappl'O}Cimately 3 months of work for the RCWO removals, 36" Sewer relocation, and 36" Recycled Wa1erreinforcemenl After yoUr street gralflOg, we anticipate approximalely2 to 4 ~ to install RCWD facilities. . . Thank you for 1he opportunity to Mnish you with a proposaJ for this project. We look fo!ward to working with you. Should you have any ~ons, pJease fee( free to call me at (562) 928-6111 or cell phone at . (310) 345-3533. . -Jayson. 09/12/200S 13:45 760B910659 09/07/06 TaU l3:03 FAX 562 928 1339 WA RASIO CONSTRUCTlON PAGE 03/09 lj!JDDZ September 7, 2006 Yeager Skanska, Inc. 1995 Agua Marula Road Riverside, CA 92509 . Attention; Michael Spain .. Reference: RCWD Facility Relocations and EMWD Disz Road 36" Sewer Relocatioll and 36" Recycled Waler Rllinforcement ~VlSlON #3 . Gentlemen, OUr price to provide all necesSary labor, equipment and material for the RCWD Facility Relocations and EMWD Disz Road 36" Sewer Relocation and 36" Recycled Water Reinforcement in accordance with documents received from yow office on June 19,2006 8lld the revised alignment sketch and plans by EMWD dated 7113/06 and 7/21/06 respectively, to be installed by Open-Cut trench method is as follows: IWn 1. 2. 3. Descriotion RCWD Sewer Facilities RCWD Water Facilities EMWD Sewer & Reclaimed Water Q!y 1 1 1 Price SII,930.oo ..-. '1"',198.99 ~...) I~. ==:; $1.872.420.00 . a 011 ;I,!;'''1l,!:19.99 il~5cpJ5"lO.- $23,742.00 . . . . . .tl1tI:# Total proposal: .~:r,OO;1,a8!:l.98 i J ~&2.J zez . - (see attached schedule of values) . Unit IS IS IS Subtotal: LS 4. .l'ayment & J>erfo=ce Bond 1 . Changes by EMWD since ourRevision #1 proposal of July 28, 2006 changeS the method of instal1ation of the proposed 36" Sewer relocation to an Open-Cut trench instead of a microtunneJ.. . W.A. Rasic will install 36" Robas SN72uipe for the EMWD s<lWet'.telocatian work. Pipo bedrline: and backfill will be DOT themanufij,ctti~r's 'recoliimendatid~ (3/..i;, cmshed rock). 0\' '. . . . This orooosal is based on conrolVine: willi :i'revailing'WaRes iii accoJ:danee with the'DTovisionS of thc::CallforniaLaborCode.. . . .,: ':' . .. ! .! ! -:. r , . . Page 1 Dn .'" '., . " 7314 Seeut AVCftuo Poll Q$rc!ona,.Callfo,""'" 9020"- 562-1128-11111 pha!>& 562-928-7339 fax WWW.WIlra"le:.eom .: stilte coillraOlor's license IIA36S7&.; ~~ ...:", 09/12/2006 13:45 7608910659 09/07/06 TKO 13:03 FAX 5B2 928 7339 W A RASIC CONSTIlUCTION All EMWDwork included in Item #3 shall be '5euerallv in accordance with EMWD Snecificanon No. 10731> for the Diaz Road 36" Sewer Relocation and 36" RecYcled Water Reuuorcement. Chanees in Sl<OOe. materials. methods. and temlS & conditions as stated in this pro~sal shall'take nrecedence over all other requirements. . We will retum affected work lI(ea to existing grade. Fill, access road, etc. is excluded. The proposed prices do not include engineering, sUIVevin~ and soil testinl! (provided bv EMWD . per Soecifications). pennits, 6jleeial beEkliag ar bad{fill, drilling and blasting, hauling off excess material, soil testing, pexmanent paving, temporary paving. surface restoration, impection fees, agency connection fees and assessments. Erosion control shall be provided by owner or his agent. W.A.Rasic will protect its own wod:. Construction water and water source will be provided at the work site by the Owner at no cost to the Contractor. Alteration, relocation, replacement and/or repair ofinterfenng substrucu\res, not shown 0, incorrectly shown on the bid plans, are not included except as exlnu;. l"nterfenng sub$'UCl\U"eS include, but ale not limited to, utility lines and sewers. W. A. Rasic Construction will not accept respoosibility for damage to any unmarked or unknown substructures when reasonable care has been taken. Groundwater dewatering of trenches/pits is included, and will be eontained in a settling tan.k prior to being utilized on-site for grading and/or dust CQntrol, or being discharged into an adjacent sewer. Treatment beyond this i~ excluded. Permits are excluded. We cannot be beld responsible for industIy-wide di$tUrbances that drastically affect material . procurement andlorprices(ie: acts of god, War, ete). . Our proposal is based upon one move-in to complete all work. Additional move-ins will be at charged at a rate of$20,000.00 each. Relocation ofR.CWD facilities shall be done in two (2) move-ins (included in Dro1>Osal)' - Our proposal is based upon completing all work during nonna! working hours (7:00AM to 3:30PM, Monday through Friday -- no overtime, shift-work or restricted work hours). Working hours for the shl1tdown period for 36" Reclaimed Water, am.d bypassing of 36" Sewer will be performed as required. in the Specifications. An additional shutdown for the installation of the 36" butterfly valve on the 36" Reclaimed Water will be requ.i.red. Our proposal is based upon unapproved plans and is subject to revision base!!.1JPOn lssuan",? of signed/approved plans. . . . . Perfonnance and Payment bond is included. . . .. . .. Builders All Risk Insurance, including'flood lII1d e~u'ake per BMwo specifications is included in our price pe, Ely1~.~~ request. ':. . . .... .' ..;, l,: \:' " .t...:,:, . ".;;.'.< .Palle2on.. .. " .:", :::.:. t- . "_..:..~'.:.,.'.':.\_~..Z:..,.t....,... \~:~. ~~.~.~ .,.: ":".';. . '~'. ':~'S~~, ~v:-.-;.!.~..t;r..;,. 6,;.-. ~ '..,.,; :<'-::,:':';":'~'. PAGE 04/09 I$YUV\I , .... . " .,.... .,'-: .. . . .. ~ :""'~::: .: 89/12/2805 13:45 7588918559 U~/UY/U~ TtlU 13:~t YAA b~Z Pl8 7339 W A ~~lG GONSTKUU,lON PAGE 135/09 ~004 Telemell:y cable (if required) shall be provided and tested by EMWD. Roclc enCO\llltered during excavation that cannot be removed efficiently with the backhoe onsite . will be classified as "rock ~cavation"l\l1d its removal shall be considered extra work. lbe eJ<tra work may involve loss of anticipated production, or may require the.use of a compressor and . jackhammer, hoe-rams, larger backhoes or whatever methods W. A Rasic Construction may deem as necessary. Extra work shall be paid for in accordance ,vith W. A. Rasic Constxuction' s Time & Material labor and equipmcmt rates. If we tnco1,lIrter any materia1(s) that are considered as hazardous by the Federal, State or local government, any and all costs associated with the handling, storage, transportation. disposal, etc. is to be treated as extra work The responsibilities for and additional costs associated with these hazardous materials shall be asS\Illled and paid for by others. Liquidated damages and/or consequential damages will not be accepted. This proposal will remain in effect f9r sixty (60) days and this document shall be included in our contract as an attachment This proposal is based on payment being made no later than thirty (30) days :Uter date of invoice. This proposal is based upon release of all retention money within forty five (45) days after . completion ofW. A. Rasic Construction scope of work and not ovelllll project completion. enclosure .' -. .' , .. , .. , ,", - i.~' , - . .' ~ , . " .. .... , ; '. ,.," , :~~: " - .....; :---:.~ :.~. . . ',: r' " ":::. :..... ..... \ .:t'.-; PlloOP 3 of3~'" ..:.......;."..'..'::..', ...... . :.' ..::..-....."...,:.: . 7..:..;:.....:':' , -: ~:;' . '::'~ ..:\....:.:.:=-..,....'..~.;..~.'.,.. . , . .. ... .~:;...,::.:...i,:.f.~.:..:<,~,'..:2, ';:,;;~t:~~~.. ~~ . ........":'~ ........, . . ; ..... :::: .~-:::: . .. ::."::";-~~',; .. ..,.....:..... ., .... ...-;-. ;~( :......:<: .,~ "... .... .. ... ....:: ':t;;. " .'l- .. .. :':.-:.. : .~ ::. 09/12/2006 13:45 7608910659. UD(U7/U~ THU 13:U4 YAA 562 ~2a 733~ W A RASIC CONSTRUCTION PAGE 06/09 I/IJ005 Project: Diaz Road Water & Sewer Relocations W.A. Rasic Construction Rancho California Water District -SEWER (see RCWD sPreadsheet for detailed descrlPtlonsl Item Description .Q!Jt: UnIt Unit Price Extension A 1 Adjust Manhole No. 10 1 EA 475.00 475,00 A 2 MJust Manhole No, 11 1 EA . 670,00 670.00 A3 Abandon 15" Sewer Pipelina 338 LF 20.00 6,760.00 A 5 Abandon Manhole No. 12 1 EA 3,500.00 3,500.00 A 4 Seal vauh lid on Fiber Optic cable pun box 1 EA 525,00 525,00 SUBTOTAL-RCWDSEWER: 11,930.00 Rancho California Water Distrlct- WAT~R (se& RCWD llDrelldshe&t for detailed de$orlDtlonsl ~ DescrIption Q!}: !!.!ill Unit Price extension B 1 Adjust Water Valve cap & ri$ef 1 EA 275.00 215,00 B Z Relocate 6" Super FH Assy 1 EA 11.500.00 11,500.00 B 3 Relocate Looater Wire box 1 EA 575,00 575.00 84 AdJustWalerValve cap & riser 1 EA 730.00 730.00 B5 Adjust Water Valve cap & riser 1 EA 760,00760.00 . B6 AdjustWalerValve cap & riser 1 EA 795.00 795.00 B 7 Remove 2" Water Meter & Service assy 10 Main 1 EA 840.00 840.00 B 8 Relocate 1" AirVac!Air Rei Assy 1 EA 8,880.00 8,880.00 B 9 Relocate 2" AlrVac!AIr Rei Assy 1 EA 11,350,00 11,350.00 B 10 AdjU$t Water Valvs cap 8. riser 3 EA 620.001,860,00 Bll RelocateStd.FHAssy 1 EA 11,250,00 11,250,00 B 12 Relocate LocalorWire box 1 EA 100,00 100.00 B 13 Adjust Water Valve cap & riser 1 EA 275.00 275.00 814 Relocate2'AlrVaclAirRelAssy 1 EA 11,350.00 11,350.00 815 Adjusi Water Valve cap & riser 3 EA .575,00 1.725.00 ~ l' Re.(iaats 1" (i-r,.~,- L) R~_I_b.d 'I:~l_, 8~,1'~~ ._/ 1 E:~ f8.eOe.08 J..J.,6(..o.o.6 ~ Ell1AdjustWalarValvacap&riser 1 EA 575.00 575.00 B18 ~locate2"AlrVaclAi(RelAs$Y 1 EA 11,350.00 11,350,00 '* "';-OI~"'" .I b ~'~'D SUBTOTAL-RCWDWATER: . 91,IGll.llG . . ... -. ~ ~ ~4 \~.(!)O EMWD 36" Sewer Re1.9S'9lion and 36" Recvcled Water Reinforum6n(. ') !!!m De!lcrlotlon mx .!!.!!i! Unit Prit;:e extension . C 1 Shoring 1 LS 600.000,00600,000,00 C2lnslan36"Sewer 862 LF 825.00 711,150.00 C 3 Trench Dewater1ng B62 LF 200.00 172.400.00 C 4 Conn to wdsllog $E\werlRemove & Reconstr MH (un6nedl 2 . EA 25,000.00 50,000.00 C 5 Il1$lall Temp Bypass System 1 LS 60,000.00 50.000.00 . . C B Abandon exIst. 36' Spriolite Sewer & MH #7 with. CDF . 823 LF 40.00 32,9:20.00 C 7 Install 60" Sewer MH (unlined) . 3 EA 12,000.00 36,i.Joo.00 C B Adjust exist MH to grade 2 EA . . . 4Zp.OO 950,00 C 9 Install 36" Double Ball Flexible Expansion Joints 3 EA . 78,oQa.OO . 234;000:00 C 10 Install 36" Bu!tarfly Valve (furnished by EMWD) . 1 EA .20,000.00 ~.ooo.oo . C 11 Pl'9para & Impl9mool OH Eloc Power Polo Protocllon Plan.1 LS' 25,000.00 25,000,00 . b . S . 40 nrin 0'0 "4'0,0"",00 <. C 12 Mo ilization ' ." L.. . ,\1\IV. . "" :', 'SUBTOTAl.: II EMWD: '1.872.420.00 . , ,"/. GRAND T<;>TAL (not Ineludlng bond): '* 1.978,540.00 .. lead Time. (after receipt of aoproved s\Jbmiltals l: 36" Hobas SN72 Pipe: 410 B weekS. :.: .'., 36' F1extend Expansion Joint CoupRl'lll$ (24" ~rr~ion): 6 10 B w~ks 36" Butterfly Valve: furnished by EMW~. . < 1'" ". .' '~" ~ ~~ ~;. :,:: j ".1 I . ".:!. .... .":c:. .... .... '"'f' .09/12/2006 13:45 7608910659 V~/UiIUa Tnu 1~:U4 ~6~ bDZ ~z~ 133~ :....::-:-- >- . ~~ .~ m-m > u::;; ~ .:z w. :z 0> 0 t=..~ !:i <0.. 0 .O~ q ~- - Co I:! ji3 .~ :Ill: ~ fd~ ~ :;;0 ~ ~. M :g c::> <'d N "'l 5 -. ~ . ~ . ~ ~ ~ ~ l;ii2 0; n .. ~ :: 'G 'V..... ... B~ :i ~ :;; 9)c.f t'ol Z N ,,- - .... ~'" ",. .;, Ii( Io;q t = ~~. ~ii "tI ~ ~'"J )(:::gElii ~ !_~ ~ ~~i!l~ ... ~ !!,.. fieceir .'" v,. 1S. ij;i ~~.~t, i! .. E >! ..t;;"lIl:f::o ~~-".;- S II Ii '" ".jj,i:::!: '" Mf.: .. 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'f ~ hi _.:~-.;~. a c~ 'll"iH .. .!!~ ~ o(~ a cS;;J~~fj6 ~~ t~i ~~~ .,1:-'11..... .s cii .. ~ i~c ~ II cOli Ii .l Ii .. .. .. . ~ ~ - --~ - - ~<'l ~ ~ ~ :i ~~~ .. II 1 ,; !l ;; ~ ..... 8 j .. ~ M M .. ~ .!l ~ 50 1i ii:ocii &! .. '" M'" !; '" .. ~ -: .' i.r<< t. 1tlS~ .. ~ ~'6 l'! .I! :r!A 8lSj~ ~ J >:. l) k<> i :r . ~ :I. e ~~ ir ~ ~ I'! ~ oc &Hi ~ ~~ >>~ k M .:> II: '" ~ ~ :> hj*l . ui .~ :> k 1ir I ~ ~~ <1J :i.la .. ~~. .,"" il h", N ~ . ...:>" ",,l! " ~ ~...,...'J " ~~ t-l t:\ :t ~ ';:'i: <li ~ ~ ,ft ..... ...t\ ~ W A KA~l~ ~UNSl~u~rlUN i. ~ i 8 l! Ii! . .. Iii '1 i I@l .J1 .~ .. jj II ~ ; ($ ~ li ~ ~ ~n ! '" '" "''''0: I " 0.. .to A~ Eo: .. . '" ~ z :!! - 6i. H"I ~ R~I~" ~ ~~ i ~ ~l%: i; !?~:;;I, ~ ~H ~ 000. _ Hi ~ "I 111 ~. ~ _ fl;~.. "8e l~m1" H .. .~! ;! ~~ ~~ '!!~!I ~1!~Jj 'l~ ",,,,,,,'1; ""al~ N I_~m ~~.e ID~ ~o,,"l! !;lo $JlS~. 1.iU '~i UHI ."'Y-.5' ill "!....,. ~I~~~ ~~ h !l~! ~!! !jI J~2jj ~~H.,U jHh oH-ltSH ::i;~H ~ .., f. :t ., ,; .. PAGE 07/09 ",UOij !l 11 o :z 2 '0 5 ~ R " ~ .. .. .. H j c" > .. j; . u c l! ~.. ~ .5 _0 ..... ! .floc-. I 5. ,",,"0 . .d! ~ f -" ~ 11 .., .5 ~ ~ ~~ 00 ",,0: .. ~ ~ li g II ~ e Ii {!!. t!.'F- "6 '5 '0 .~. ~ i v " 0 ~ '" ..~ ..,..... ~~ ..-:g ~' o:~ ;::; ~ ~ ~ ~ n::~ ~ A: ~~ ~ ~ ~ ::.. ~ a: 0: ir ~ St! ~ ~ ~. l! F H 'i!i ~ ll~ !l~ .Iltii e',<l !~ !iii H ~! f "'f! "i!~ .~~ j~ ~ C t: c: -4 ~ .... " .. .. . ~ '!:l: ~ c: S ~_ =.:.. .a i.g ",.Jl ~ "M";lI il~ ~ "g.' 1:: ~ ~ ,;; ! ;-~ ~~ ..Jg :0 ~i ~18~1-q!J :c~ :(-,;1 Jll!! ~= ~ H fiB ~;~i~ ~~ -.;" 'li"" ~hq~,,~ a::8 tr;;.9..:( 0:: '8.... O::.&: 09/12/2006 13:45 7608910659 09/07/06 THO 13:05 FAX 562 928 7339 t: a: 0 Ul... I-~ ~:E ~ Zw Q~ !;to:: Of).. ::>:E fil~ ~~ O~ w_ ;:;:.0 .. Ul ... z '0 &;: 15 ~ 0: 5 u <( u. ~ U II: ... il ~ o o '11 " " " ~ ~ o 0( ~ ~ c ~ ~ j h 0..'2 . " 8!; f..I.ClI 1= ..~ ..g "'-'" :8 lO- g:- II :lji! t ~.!! 1 ~.8 ,U ~ n:",a " " II .. ~ . " " ., " II o tS if ati 1! !i "" ~p o:,!! g " I>: III l!! .$! ,-( .. if s: ~ o ~ 'j 0: ~ fi} ~ (1: .t I ~ 'l1 ~" > ;eo !-..::< ~ ~ ~ f!. ~ h '>l-""~ !::: ~ ~""-i rt\ i " " u ... " " 1 'i! i .. t ! " ~ !i J -!l 1 II " ~ 'ii II l! ~ .s 'Ii ~ ! ~ ts= :i ~ " E .a "s I ~.. B .. ~ - . W A RAS I C CONS1'RUCn ON PAGE 08/09 I(!JUU'( n ~ s ~ ~ PUBLIC HEARING ITEM NO. 14 Approvals City Attorney Director of Finance City Manager JM.~ fJll ~ CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: William G. Hughes, Director of Public WorkslCity Engineer DATE: Ocotber 10, 2006 SUBJECT: Resolution of Formation - forming an Underground Utility District along certain segments of Old Town Front Street, Mercedes Street, and Main Street in Old Town Temecula. PREPARED BY: Greg Butler, Principal Engineer - CIP RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.2 AND ORDERING REMOVAL OF OVERHEAD UTILITY FACILITIES AND INSTALLATION OF UNDERGROUND FACILITIES WITHIN SAID DISTRICT BACKGROUND: On June 27, 2006 the City Council approved the Master plan of the Old Town Civic Center and authorized staff to proceed with the design of the Phase 1 improvements. Phase 1 of the Old Town Civic Center will design and construct the infrastructure needed to support a new Civic Center in Old Town. In addition to a new 480+1- stall parking structure, the street improvements needed to widen Mercedes between 2nd and 6th streets as well as realign Main Street to the proposed "Y" configuration, and a Civic plaza; Phase 1 of the Old Town Civic Center includes the undergrounding of the overhead utilities along Mercedes Street between 2,d and 6th Streets, along Main Street between Murrieta Creek and Mercedes St., and along Old Town Front Street between 1 ,t and 6th Streets. On September 26,2006, the Council adopted Resolution No. 06-84 declaring its intent to form the subject underground district and calling for the subject public hearing. Staff and representatives from Southern California Edison (SCE) hosted a workshop on Wednesday evening, September27, 2006 to educate the property owners within the district boundary of the process and answer questions, and emphasize that this project will be at no cost to the property owners. Formation of an underground utility district will require that all overhead utilities within the district boundary be undergounded by September of 2008. The Resolution of Formation, if adopted, will form an underground utility district and requires that the City Clerk provide copies of the adopted resolution and other documents to all affected property owners and affected utilities within 10-days of adoption. Southern California Edison (SCE) is the lead agency and administrator of the Rule 20 funding program that will finance the majority of the undergrounding expenses. SCE will design the underground system for their facilities and coordinate the undergrounding of the other overhead utilities (telephone and cable television) within the district. FISCAL IMPACT: The undergrounding of the existing overhead utilities within the district boundary will be primarily funded with Rule 20A funds. SCE allocates a portion of electric service rates collected toward the conversion of overhead utility facilities; this is commonly referred to as Rule 20A money. Because the City has not completed any Rule 20A underground projects in recent years and changes adopted by California Public Utility Commission (CPUC) now allow local agencies to "mortgage" 5-years ahead, SCE estimates up to $1.7M will be available from SCE to fund this project. Preliminary estimates indicate the cost of undergrounding the existing overhead utilities within the district boundary is just over $2.0M. The City will be required to fund the difference between the final cost of undergrounding the existing utilities and the available Rule 20A money. There is no immediate need forthe City to allocate these funds. The design and coordination of the undergrounding will take 12 to 18 months. Staff will be monitoring the process and reviewing updated estimates and making recommendations for funding the City's portion of this project during the Capital Improvement Program budget process. ATTACHMENTS: Resolution RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.2 AND ORDERING REMOVAL OF OVERHEAD UTILITY FACILITIES AND INSTALLATION OF UNDERGROUND FACILITIES WITHIN SAID DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, on September 26, 2006, the City Council of the City of Temecula, California adopted Resolution No. 06-84 setting Tuesday, October 10,2006 at 7:00 p.m. in the City Council Chambers in City Hall, 43200 Business Park Drive, Temecula, California, as the date, time and place for hearing, considering, and detenmining whether the public health, safety, or general welfare require the removal of poles, overhead wires, and associated overhead ties for supplying electric, communication, or similar or associated service within the area as shown on the attached Exhibit "A"; and WHEREAS, all property owners shown on the last equalized assessment roll who are affected by the above described project, and all utilities affected by said project, have been given notice of the above described hearing in the manner required by law; and WHEREAS, such public hearing has been duly and regularly held on October 10, 2006, and all persons interested have been given an opportunity to be heard: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, California, as follows: Section 1. That the above recitations are true. Section 2. That the City Council of the City of Temecula finds that the public health, safety, or general welfare require the removal of poles, overhead wires, and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service within that certain area of the City of Temecula shown on Exhibit "A", and that pursuant to the terms and authority of Section 1.08.010 of the Temecula Municipal Code adopting by reference Riverside County Ordinance 517, the area as shown on Exhibit "A", is hereby declared an "Underground Utility District NO.2" of the City of T emecula. Section 3. That such utility undergrounding shall include up to 100 feet of the customer's service lateral. . Section 4. That such undergrounding utilities to be accomplished in said Underground Utility District No. 2 will avoid or eliminate an unusually heavy concentration of overhead facilities. Section 5. That the City Council finds that the Underground Utility District No. 2 herein created is in the interest of the public health, safety, or general welfare because streets, roads, or rights-of-way in the Underground Utility District No. 2 are extensively used by the general public and carry a heavy volume of pedestrian or vehicular flow. Section 6. That all poles, overhead wires and associated overhead structures shall be removed and underground installations made in said Underground Utility District NO.2 within the following times: A. Underground installation by utility companies of facilities not later than September 2008. B. Underground installation by property owners and reconnections, removal of poles, overhead wires and other associated overhead structures not later than December 2008. Section 7. That each property, within Underground Utility District No.2, served from electric overhead facilities shall allow the City to cause to be provided; or shall provide in a timely fashion, in accordance with Southern California Edison's ("Edison") rules for underground service, all electric facility changes on the premises necessary to receive service from Edison's underground facilities as soon as it is available. Section 8. That Edison is authorized to discontinue its overhead service within Underground Utility District NO.2. Section 9. That the City Council finds and determines that the exceptions enumerated in the Resolution of Intention, Resolution No. 06-84 shall be allowed in said Underground Utility District No.2 as exemptions. Section 10. That the City Clerk, within ten (10) days after adoption of this resolution shall mail a copy of this Resolution, together with a copy of Section 1.08.010 of the Temecula Municipal Code and a copy of Riverside County Ordinance No. 517 to the affected property Owners (as shown on the last equalized assessment roll) and to the affected utilities. Section 11. That upon the adoption of the resolution, the City Clerk is directed to file in the Office of the County Recorder, a certified copy of said resolution and to notify affected persons and utilities in accordance with the provisions of Section 1.08.010 of the Temecula Municipal Code and Riverside County Ordinance No. 517. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of October, 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, CityClerk 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 10th day of October, 2006, by the following vote: AYES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ~ule 2QA ElO(Uid~iy' I , I I, ,( \ \ ) --ll / \}J / / m/j ]]. -r'I-I...1 n_~ L_ f n - .---- I I 1------------- I I i .-~-.I n_ I -"']--- -j t~~~~--~------ /7 ;-r I I'.J / / '. .- I / J I / i l \ ", () "" .I '<<~r [I[~ rn.- J r I , ~ ''-..,. "',.1 .'-----. ............. - .............----. '-, / / / , / / 1 . , r-' -- /J __.11 ,! . - ----..-'..,- > I /.,A..... I /, I /', "' I ./ ", '; ,', ',/ ;:''- -'-'-,- 7 "" "7 <f CRtlla20ABOUndary _Measuramen\$ . ~undergroundUUlftyparc<l'$ . ...00 000 '" ""---~..,,,....-- --,..-.-......- -.....---.- .....-...-- .__.......,--~ ---~.._- ~..__..._-~..- "'::-"'::''':''::=::..\'::::=.. ....--..........-.- COUNCIL BUSINESS ITEM NO. 15 Approvals City Attorney Director of Finance City Manager ~ 1J!2- Lf CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: October 10, 2006 SUBJECT: Community Services Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10,2009. BACKGROUND: The terms of Commissioners Tom Edwards and Charolette Fox expired on October 10, 2006. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the openings in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Roberts and Council Member Comerchero for review and recommendation. Both Mayor Roberts and Council Member Comerchero have recommended the reappointment of Tom Edwards and Charolette Fox to serve full three-year terms through October 10,2009. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of September 26, 2006. FISCAL IMPACT: None ATTACHMENTS: Two (2) Applications for Appointment Commission Appointment Application. City of Temecula Charolette Fox BOARD, COMMITTEE OR COMMISSION APPOINTMENTS 1) Commissioner, Temecula Community Services Commission, City of Temecula Appointed October 2003 to a 3-year term - 2006 Vice Chair - 2006 Redhawk Parks Design subcommittee 2) Commissioner, Riverside County Historical Commission Appointed October 2003 to a 4-year term - 2006 Chair - 2004, 2005, 2006 Annual Symposium Committee - 2006 Awards Committee Chair 3) Board Director, Elsinore-Murrieta-Anza Resource Conservation District, State of California Appointed February 2005 to an indeterminate term - 2005 President - 2006 Secretary Nonprofit positions: 1) Natural Resources Director, League of Women Voters of California 2) Webmistress and Voters Service Coordinator, League of Women Voters of Riverside County 3) Board Director, Water Education Foundation (California, Utah and Nevada) 4) Board Director, Vail Ranch Restoration Association 5) Advisory Committee, Dorland Mountain Arts Colony Membership in local, state, and national organizations: 1) Temecula Valley Historical Society 2) Temecula Valley Garden Club 3) CAWAER (California Elected Women) 4) CARCD (California Association of Resource Conservation Districts) 5) CP ARS (California Park and Recreation Society) 6) Center for Sustainable Suburban Development, UCR 7) WateReuse, Inland Empire Chapter 8) AASLH (American Association of State and Local History) 9) National Trust for Historic Preservation 10) Alliance for Historic Landscape Preservation Attachment 1 Charolette Fox Commission Appointment Application - City of Temecula Charolette Fox STATEMENT OF INTEREST 8: QUALIFICATIONS Statement of Interest I am applying for reappointment to the Commission as the most direct and effective way to continue developing and refining programs for Temecula residents. The Commission has been instrumental in increasing public involvement and participation. I am excited about the interest in the multi-trails plan, pending and future park improvements, expanded cultural opportunities, and formation of a Youth Master Plan. My own interests and skill sets can contribute to these efforts. Qualifications >- Excellent time management skills >- Understand the concepts, details and implementation steps involved for projects >- A decision-maker able to accept the will of the majority >- Result oriented, able to initiate tasks or accept tasks as assigned >- A good listener, fair and impartial >- Relate well to other people, including other commissioners, Council members, and the public >- Broad-based interests and knowledge about a wide-range of community issues >- Service oriented; over nine year's work with Temecula's service organizations, agencies and nonprofits Attachment II Charolette Fox rn ... (,) 'C ~ ~ ~ ~ .... - .,... Q ~ i:$ ~ '-l 4-l (,),\0 ~ ~ ~o ~ Q) Q.c~ ~ ""t;; fJ) ~ l:i ]' ~ ~ ~,i3~ ~ ~ bD P:> .r ~.~,~ .~ 8m ~ .; ..0 ~ ~ ~u,'"'~ ~, !l."" E;: b ~ ~~"tIl lSi1,~! '" Q.c:; ~ ~ d.8 ~ Q) 0 ~ ' ~ua o ~ . ~ 'l""4 ~ e ~ .~ ~ ... ... p.. 'i3 [/) 'U "" li 8 tJ ... .!:l ~~ -l:l ::I II ri1 < @ U f [/) -~ ~ U iii lii!i5 II . w -Q II . ::: o -l:l _S tJ o ~ < !I tJ -B _!!.l Q 01 -0< &,@ [/)U << , -s ~ ~o c;- - ..... ..... Uoo RECEIVED SEP 2 1 2006 September 18, 2006 CITY CLERKS DEPT, City Clerk City of Temecula 43200 Business Park Drive Temecula, CA 92589 Dear Susan: My application for Commission appointment is enclosed. Also enclosed for the record is a copy of the Certificate of Completion for ethics training required of all appointed and elected public officials. Ethics training focuses heavily on the Brown Act and understanding its provisions, both in fact and in intent. No new letters of recommendation are part of this application; however, a copy of a certificate of recognition from Janet Moreland, Riverside County Waste Management Department is provided. Letters of recommendation were included with other applications and should be on file for reference if needed. I look forward to continued service with the City of Temecula. Sincerely, Charolette Fox 32800 Hupa Drive Temecula, CA 92592 951-302-0180 lottiefox@verizon.net f Thomas W. Edwards 32478 Corte Zaragoza Temecula, CA 92592 (951) 302-25449 home (951) 695-3006 work tedwards@opt022.com Educational backl!roundlDel!rees . . Western State University College of Law: . Weber State University: . Weber State University: Juris Doctor, Law Bachelor of Arts, Electronics Engineering Associate of Arts, Photography Certification Member, ISA Certified Sound Provider, Temecula CRC Certified Sound Provider, Temecula Community Theater (volunteer, having completed training program) Citv of Temecula Boards, Committees or Commissions (partial list) . ("JcJ" s::mJJ <"II '1eAJ":>!) . City of Temecula Community Services Commission - (1996-present) Temecula Community Services Commission, Chairman - 1999, 2001, 2006 Yes On C - Campaign Steering CommitteelNeighborhood Captain Old Town Temecula Restoration Steering Committee "I Helped Make Old Town Temecula Great" campaign & promotion Cultural Arts Master Plan - Principal Architect serving as President of the Arts Council of the Temecula Valley. Once basic components were established, I served as a Facilitator on the Steering Committee, receiving public input and working with residents, the project contractor and city staff. Bicycleffrails Master Plan - Steering Committee/Design Review Committee Temecula Sports League - Commission Liaison (3 terms) Temecula Children's Museum - Steering Committee Friends of the Temecula Children's Museum - Booster (major) Library - Feasibility Committee/Steering Committee/Design Committee Duck Pond Restoration/Renovation - Steering Committee Temecula Veteran's Memorial- Steering Committee Sports Park #3 Steering Committee - Feasibility, Design Review, Steering Committee Artificial Turf Review Sub-Committee Traveled to San Diego to review venues utilizing artificial turf. Dog Park (#1 & #2) - Steering Committee Traveled to San Diego County to view dog park designs/applications in other cities. Old Town Community Theater - Steering Committee Drawing from my expertise as an electronicslcomputer/automation engineer and sound/lighting specialist, I made recommendations regarding sound, lighting, size, configuration, and amenities. As a volunteer, I participate as sound engineer, stage hand, and backstsge support person. Old Town Temecula Street Painting Festival- Steering Committee Also served on set-up committee. Temecula Halloween Spooktacular-Judge (1996-present) Temecula Holiday Lights & Festive Sights - Judge (1996-present) Ongoing Community Services Commission projects & sub-committees - (1996-present) . . . . . . . . . . . . . . . . . Thomas W. Edwards TCSC Application Page Two List anv ortzanizations to which vou belonl! (professional, technical. communitv service) . Rancho Community Church - Member, Volunteer SoundlMedia Technician . Arts Council of the Temecula Valley - Patron . Arts Council of the Temecula Valley - President (four times) . Temecula Valley Republican Women's Federated - Honorary Sound Technician . Musicians Workshop - Major Sponsor . Shakespeare in the Vines - Director, Sound . Temecula Showcase - ProducerlDirector, Sound . Assistance League of the Temecula Valley - PALS . PEO - B.I.L. List whv vou wish to serve on this commission, and whv vou believe vou are Qualified for the position My love for my children and my desire to help establish more and better parks prompted me to apply for this commission while Temecula was a young city. Now, Temecula is a rock-solid community with outstanding parks, a safe environment, and a strong economic future. We must continue to think outside the box to keep up with the changing needs of our community and our residents. My profession as an Industrial Automation Engineer takes me to countries and cities throughout the world where I have the opportunity to seek out, visit, and experience parks, theaters, trails, art and cultural amenities. Because of my travels and worldwide associations, I am able to bring back new ideas, some of which have been implemented here in Temecula. It has been very rewarding to work with my fellow commissioners, city staff, and residents to explore, discuss, and recommend wonderful amenities for our city, and to see those "ideas" come to fruition as a library, theater, sports park, and cultural arts master plan. I have been honored to have played a small roll in shaping Temecula's future, and hope that my record of service provides an acceptable example of my qualifications. I wish to continue to serve on the Temecula Community Services Commission to bring new ideas, and to help ensure that our children will have a safe and beautiful place to raise their children.